Wakaya Perfection lawsuit dismissed, appeal filed
Wakaya Perfection’s lawsuit against Youngevity was filed in an attempt to
address Youngevity’s breaches of contract, as well as the individual defendants’ independently tortious behavior.
Blake Graham (through Total Nutrition INC.), Andre Vaugh, Dave Pitcock and Barb Pitcock, all Wakaya Perfection affiliates, claimed
without justification, Youngevity terminated (their) distributorships.
As a result, businesses have been damaged and their livelihoods threatened.
Youngevity’s distributor agreement, specifically the “binding arbitration” clause.
The lawsuit has been playing out since it was filed in April, 2016.
Youngevity had filed a Motion to Dismiss citing the binding arbitration clause. A decision on the motion was made on November 7th.
Youngevity’s binding arbitration clause
requires all of Distributor Plaintiffs’ claims to be decided by arbitration in San Diego, California, before the American Arbitration Association.
In their Motion to Dismiss, Youngevity argued the claims raised by Wakaya and its affiliates
are subject to a binding arbitration clause in Youngevity’s Policies and Procedures.
In his decision Judge Nuffer upheld Youngevity’s Motion to Dismiss, requiring all parties to settle their disputes via arbitration.
Youngevity’s lawsuit against Wakaya, which primarily deals with the same issues (Wakaya has filed a counter-suit), was also cited as a supporting reason for dismissal.
Not content to go down the path of arbitration, Wakaya filed a Note of Appeal on November 9th.
Not too sure how I feel about the arbitration clause being upheld (they’re usually pretty restrictive). I do however get where the Judge is coming from on there being (near) identical litigation already in play.
Update 30th December 2017 – As per a December 18th order, Wakaya Perfection’s appeal has been referred to mediation.
A mediation conference has been scheduled for January 8th, 2018.
Update 13th March 2019 – Wakaya Perfection prevailed in their appeal, following which Youngevity filed for a stay in the case.
Youngevity’s motion was granted on February 28th.
Wakaya Perfection’s lawsuit against Youngevity has been stayed pending the outcome of Youngevity vs. Wakaya Perfection in California.