{"id":14971,"date":"2024-06-14T08:56:25","date_gmt":"2024-06-14T08:56:25","guid":{"rendered":"https:\/\/netfactual.com\/?p=14971"},"modified":"2024-06-14T08:56:29","modified_gmt":"2024-06-14T08:56:29","slug":"karlo-tanjuakio","status":"publish","type":"post","link":"https:\/\/netfactual.com\/factcheck\/karlo-tanjuakio\/","title":{"rendered":"Karlo Tanjuakio: Breach of Contract Allegations Fact-checked (2024)"},"content":{"rendered":"\n

Karlo Tanjuakio was sued in the United States District Court for the State of Hawaii for breach of contract after allegedly defrauding his business partners.<\/p>\n\n\n\n

Plaintiffs Elisabeth Swan and Tracy O’Rourke applied for a temporary restraining order and preliminary injunction against defendant Karlo Tanjuakio. The Plaintiffs seek temporary injunctive action to prevent Karlo Tanjuakio from breaching or continuing to breach his fiduciary duties to them as partners under the partnership agreement.<\/p>\n\n\n\n

This cooperation arrangement is popularly known as the “GoLeanSixSigma.com Partnership” or “GLSS”.<\/p>\n\n\n\n

According to the Plaintiffs, Karlo Tanjuakio has breached his fiduciary obligations by neglecting to act in the best interests of the partnership and engaging in conduct <\/a>that has harmed the partnership. The plaintiffs claim Tanjuakio’s activities have caused significant harm to the partnership and its reputation.\u00a0<\/p>\n\n\n\n

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However, Karlo Tanjuakio rejects the partnership’s existence as well as the plaintiffs’ allegations.  <\/p>\n\n\n\n

Further Information on the Lawsuit Against Karlo Tanjuakio<\/strong><\/p>\n\n\n\n

Plaintiffs Elisabeth Swan and Tracy O’Rourke filed a petition for the issuance of a temporary restraining order and preliminary injunction <\/a>against Karlo Tanjuakio. The primary question in this lawsuit is whether GLSS is a partnership, which the court has found.\u00a0\u00a0<\/p>\n\n\n\n

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Although another defendant, Sion Lee, is also accused of being a partner, he has not appeared in court and is thought to be a nominal defendant <\/a>for the time being.<\/p>\n\n\n\n

After evaluating the information offered and considering the briefing and oral arguments, the court found that, for the Motion for TRO, GLSS is a partnership<\/a>. This finding is crucial in determining whether Karlo Tanjuakio has breached his fiduciary duties as a partner, and if the Plaintiffs are entitled to injunctive relief to prevent further breaches.\u00a0\u00a0<\/p>\n\n\n\n

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Plaintiffs have asserted that Karlo Tanjuakio’s breaches of fiduciary obligations have caused them irreparable loss, warranting injunctive relief. They say that they will suffer harm to their ongoing business, which reflects many years of labor, and that business loss constitutes the prospect of “extinction”.<\/p>\n\n\n\n

They have offered evidence to back up their claims, including Tanjuakio’s alleged agreement to the use of the “Justin-Time Cafe” podcast and “@jitcafe.com,” which occurred following his breaches. <\/p>\n\n\n\n

About Breach of Contract <\/strong><\/h2>\n\n\n\n

A breach of contract occurs when one or more of the agreed-upon provisions of an official agreement are broken. The breach might range from a late payment to a more significant break, such as non-delivery of guaranteed products.<\/p>\n\n\n\n

A violation of the contract may result in a disagreement between the parties, and the party not in breach of the agreement may seek remedies such as injury, precise execution, or termination of the contract. <\/p>\n\n\n\n

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(Source)<\/em><\/a><\/p>\n\n\n\n

The agreement is restrictive and will convey weight when specified. If the agreement can be shown to have been broken, the remedy will usually be to provide the casualty with what was originally promised. A violation of a contract is not considered a wrongdoing or even a misdeed, and sanctions are rarely imposed for breach of a guaranteed commitment. <\/p>\n\n\n\n

What Constitutes a Breach of Fiduciary Duty?<\/strong><\/h2>\n\n\n\n

A violation of fiduciary responsibility occurs when the trustee acts out of genuine concern for themselves rather than the well-being of the business or organization. The activities of the legal administrator should be free of conflicting circumstances and personal interests.<\/p>\n\n\n\n

As a legal administrator, you cannot use the capital for personal gain. Overall, you may not use organizational property or resources for individual expansion, nor may you use a company opportunity for individual growth. Depending on the actions of the legal administrator, extortion can also be an issue, but it is often a more perplexing legal matter. <\/p>\n\n\n\n

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(Source)<\/em><\/a><\/p>\n\n\n\n

Overall, you are not permitted to use Organization property or resources for individual addition, nor may you use business opportunities for individual addition. Misrepresentation can also be an issue depending on the acts of the legal administrator, but this is typically a more complicated legal situation.<\/p>\n\n\n\n

A breach of trustee obligation may result in lawful behavior, and the individual or element in breach may be liable for harm suffered by the party to whom the obligation is owed. Penetrating guardian obligations can have serious consequences, thus it is necessary to consult with a lawyer to understand the legal options available in such a situation. <\/p>\n\n\n\n

Conclusion<\/strong><\/h2>\n\n\n\n

The court has determined that the GLSS is a partnership, and Karlo Tanjuakio must handle it as such. He must fulfill his fiduciary duties to his partners, Elisabeth Swan and Tracy O’Rourke.<\/p>\n\n\n\n

Tanjuakio has been issued a temporary restraining order, which prevents him from further breaching his commitments. TRO keeps the association moving forward and protects the interests of all parties involved.<\/p>\n\n\n\n

The parties have agreed that this temporary limiting request will remain in effect until the court hears and grants the offended party’s motion for a starting direction.<\/p>\n\n\n\n

Demand for fundamental injunctive relief.<\/p>\n\n\n\n

Frequently Asked Questions<\/strong><\/h2>\n\n\n\n

Who is Karlo Tanjuakio?<\/strong><\/p>\n\n\n\n

Karlo Tanjuakio is an entrepreneur and defendant accused of breaking fiduciary obligations owed to his partners in the GoLeanSixSigma.com Partnership, also known as GLSS, which the court has determined is a partnership.<\/p>\n\n\n\n

What did Karlo Tanjuakio do?<\/strong><\/p>\n\n\n\n

Karlo Tanjuakio was charged with violation of contract and breach of fiduciary obligation to his partners in the GoLeanSixSigma.com partnership, which he denied but the court later ruled was a partnership. <\/p>\n\n\n\n

What is the GoLeanSixSigma.com Partnership?<\/strong><\/p>\n\n\n\n

The GoLeanSixSigma.com, or GLSS partnership, sells management-related products and services based on “Six Sigma and the principles of Lean Strategy” or management philosophy. It appears to work solely through one website, GoLeanSixSigma.com. <\/p>\n\n\n\n

What is irreparable harm?<\/strong><\/p>\n\n\n\n

Irreparable harm is any form of damage that cannot be satisfactorily repaid in monetary terms alone. The court determined that Elisabeth Swan and Tracy O’Rourke would suffer irreparable loss if Karlo Tanjuakio continued to breach his fiduciary duties under the GLSS Partnership agreement. <\/p>\n","protected":false},"excerpt":{"rendered":"

Karlo Tanjuakio was sued in the United States District Court for the State of Hawaii for breach of contract after allegedly defrauding his business partners. Plaintiffs Elisabeth Swan and Tracy O’Rourke applied for a temporary restraining order and preliminary injunction against defendant Karlo Tanjuakio. The Plaintiffs seek temporary injunctive action to prevent Karlo Tanjuakio from […]<\/p>\n","protected":false},"author":13,"featured_media":13263,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/posts\/14971"}],"collection":[{"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/comments?post=14971"}],"version-history":[{"count":2,"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/posts\/14971\/revisions"}],"predecessor-version":[{"id":15084,"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/posts\/14971\/revisions\/15084"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/media\/13263"}],"wp:attachment":[{"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/media?parent=14971"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/categories?post=14971"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/netfactual.com\/wp-json\/wp\/v2\/tags?post=14971"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}