Combate Global’s Motion to Dismiss Alberto El Patron Lawsuit Denied

Combate Global has been denied a motion to dismiss Alberto El Patron’s lawsuit against them. PWInsider reports that the MMA promotion filed a motion on October 10th to dismiss El Patron’s lawsuit, which alleges the company owes him $250,000 for his fight against Tito Ortiz in December of 2019. The motion to dismiss argued that the suit should be thrown out due to a “lack of subject matter jurisdiction and for failure to state a claim.” It was their first response to the lawsuit.

The motion was denied on October 12th by the judge, who said she would take up the discussion during a November 12th hearing, and gave Patron’s team until November 5th to respond to the motion.

Patron alleges in the suit that he signed a deal with Combate Global (formerly Combate Americas) in September of 2016 to be a “co-spokesman, color commentator, roving reporter, pre-fight and post-fight interviewer, on-camera personality, liaison for fighter relations and brand ambassador.” The deal was for $250,000 the first year. It was extended for eight months, and then again for two years, with the suit noting that:

“The Agreement and the Amendment would total $883,333.36 ($83,333.36 for the first four months, $200,000 for the final eight months of the first term, then $600,000 for the final two years).”

Patron argues that he performed all his duties as required and there were no complaints about his service. He says that the agreement was terminated in July 2017 before the company made an offer for him to face Ortiz, agreeing that he would be paid $500,000 to promote the fight and another $250,000 for the fight itself. Patron says that Combate Global has not paid him for the actual fight and have ignored invoices for the payment.

Patron also alleges that the company has refused to return social media accounts he gave them access to in order to promote the fight. He is suing for breach of contract, unjust enrichment, conversion (for not turning over the social media accounts).

Patron is asking for $250,000.in compensation, Interest of at least $26,250, an award for his costs and legal fees, the return of all social media accounts, and “such other and further relief as may be just and proper.”