Sivia
An East Carondelet woman is suing her son, claiming his business owes her years worth of royalties.
In the complaint filed Sept. 20 in St. Clair County Circuit Court, Francoise Elia accuses Diagnos-Tech Inc. of breach of contract and negligent misrepresentation.
Elia's son is the president of Diagnos-Techs Inc., based in Kent, Wash. She says she gave her son $200,000 to help with business development. In exchange, Elia says Diagnos-Techs agreed to pay her 1 percent of its gross revenue each year. Elia claims the defendant has lost, destroyed or hidden the signed document detailing the agreement.
According to the complaint, Diagnos-Techs paid Elia, as agreed,in 2001 through 2008. She says the company breached its contract by failing to pay her from 1998 through 2001, in 2009 and 2010.
Elia says her son's corporation has refused to provide an accounting of its annual revenue, so she is not sure how much money she is owed.
The woman is asking for a full accounting of Diagnos-Techs' gross income for the years she did not receive royalties along with payment of 1 percent of that amount plus attorney fees and court costs
Attorneys Todd W. Sivia and Erin M. Doyl of Sivia Business & Legal Services in Edwardsville is representing Elia.
St. Clair County Circuit Court Case No. 10-L-484.