302-235-8526

this is sponsored whips they are a fraud dont talk to them the guy is named tommy

THIS GUY CALLED ME AFTER I ANSWERED AN ADVERTISMENT ON THE COMPUTER REGARDING MY OLD AUTO THAT I DO NOT NOT HAVE THE MONEY TO RESTORE,HE TOLD ME HIS NAME WAS THOMAS AND THAT HE WAS A ,SPONSER FOR WHIPS,AND HE REPRESENTED THE TV PROGRAM 'OVERHAULIN' AND THAT THEY WERE LOOKING FOR CARS TO RESTORE AT NO COST TO THE OWNER,ALL THAT WAS REQUIRED WAS THE APPLICATION FEE,HE TOLD ME TO GO TO THE POST OFFICE AND MAIL THE MONEY IN A FORM OF MONEY ORDER,I DID THIS AND NOW I AM OUT THE MONEY AND MY DREAM OVERHAUL...I AM A DREAMER....GOT TOOK AGAIN....

I AM CALLING THE BBB AND GOING TO THE POST OFFICE TOMORROW,TO PUT A TRACER ON THAT MONEY ORDER.....I WILL NOT BE TAKEN AGAIN.....THOMAS HAS MET HIS MATCH THIS TIME...I WILL TRACK THIS...I WILL NOT BE OUT $200.00.....THE PHONE NUMBERS HE GAVE ME WERE 1-888-441-5830 AND HIS NUMBER 302-235-8526....HE DOES ANSWER..SAYS HE WILL CALL YOU RIGHT BACK...BUT THE PHONE NEVER RINGS......THOMAS YOU HAVE UNLEASHED A DEMON.....I WOULD THINK THAT THE SHOW OVERHAULIN WOULD BE UPSET ABOUT THIS BUT I AM NOT A CELEBRITY....JUST A GUY OUT $200.00.......

THIS GUY GOT ME TOO,TALKS A GOOD GAME,AND THATS ALL IT IS....A SCAM..IS THIS HOW HE SUPPORTS HIMSELF??????SUCH A COLD WORLD.....HES A SHARK IN A BIG POOL....WHY DOESN"T WHIPS DO SOMETHING TO STOP HIM???????

Maybe we should get more people to write or call wipp's, hope they can do something to get are money back.

JUST RECIEVED A CALL FROM THOMAs regarding my complaint,he stated if i took back my complaint,he would make good on his promises....for now,he would like me to reconsider my complaint,and he says he will refund my money that he stole....

I just Google the number, because he called me after I filled an application online and he told me to do the same thing go to the post office an send two hundred dollars by money order. Thanks to you all I will not be gotten.

Well guess what. I waited a week for tomass to get it to gether, after a week he would give my money back a 197 dollars. lied again. ok tom were's my money.

hi all my fiance mom contacted sponsord whips to get his 1993 honda prelude done nice for him because i have cystic fibrosis and bobby my fiance has had that car since we met in 09 a few months ago i got much worse docs said i may not live to the end of the year bobby and i have done so much in that car but we dont have a lot of money and bobby had to quit working to be at home with me cuz of how sick i am so to have some thing that will thank him for all he has done and putting his dream of fixing his car up aside for me. how ever it gets worse i have a car as well after nothing happening wit bobbys case i called and spoke with a guy named sam sam agreed to have tom fix bobbys car and do mine as well we never thought this could be a scam now we are takeing him to court if anyone would like to help us on this if u have been taken by these [***] email me
divabutterfly@aol.com
that is also my myspace this is it we need to stop this NOW!!!!

Yeah I got taken by him in 2006, so if your progressing in court give me a message    tacodragger187@yahoo.com     I still have the poor proposal they wrote that a two year old could have done and a pathetic sticker.. Expensive sticker I tell ya.  Got nothing at all over months of calls and still nothing.

I got a call from Thomas Slay about pimp my ride and wanted me to send him 200 dollars to get my truck the way i wanted to be a show truck and found out he a scammer

yeah i got the same line too. calls once a day to make sure everything is ok and then has to go. I thought it was to good to be true but i sent a check anyway and now i find all of this scam stuff online. i put a stop payment on the check and hopfully it works in time. thanx for the info. oh and the new number is 302435198(said he had to move offices)

3025435198

i got a call back from sponsoredwhips.com is that the same place that called u?

Also received a call from this number (3025435198), based on an online solicitation for sponsors. I didn't really get his name, but after a fairly long call that seemed to be going well, he bolted like a scared rabbit when I began to ask questions and for examples of the cars he's retained sponsorships for. He berated me and made it sound like my project -a charity art car- wasn't good enough to be helped by his company before he hung up in serious frustration; at least I managed to tick him off. Guess I'll have to pass his info on to the consumer reporter types I know, and start spreading his company info around the car clubs I belong to and shows I attend.

Too bad he wasn't for real- It could have really been beneficial for both his sponsors and me, and Tom'd have done well if he was collecting a commission from the sponsor instead of apparently settling for just the scammed $200.

I recieved a call from a guy named jason from sponsored whips they must have changed phone numbers the number he called me from is 302-543-5217 He left me a message and said he needed more info on my car. I called back but no answer. Sounds like scam to me.

SponsoredWhips is a complete scam.
The owners name is Parham Mahani and he's living in a big ass house off all your hard earned money.
I'm from Wilmington Delaware and there is no Sponsored Whips on [***] Kirkwood Highway and never has been. I'd put money on all these guys posting on here about it being real is him. Here's his home address and phone number if you'd like to get a hold of him there. Hahahahahaha. Good luck boys and girls.

Parham Mahani
10 Buckthorn Close
Hitchens Farm, DE 19711
(302) 235-8527

Here is a post from the ripoffreport.com :

Looks like this guy was doing his homework:

ok on dec 2 I submitted my car into sponsored whip (Tom) call me on Dec 5 2009 at 2:38 pm he ask me for 200 dollars menbership he said my car be at the body shop on Dec 8 he even promise me a rental car soo i wont miss any days at work i send my money Dec 5 2009 i call him back Dec 6 he said i will call u right back give me 20 minutes he never call me back he wont even answer my calls or Emails every time i call voicemail said is full I replying to it told me was not a valid Email eddress i got a family member works for the wilmington police department and his real name is Hami Mahani and that model on sponsored whip she said her name is paulette thats Hami Girlfriend she is on this scam 2 i got my connections and i got his real name pictures of Hami he got 3 houses i got all 3 address home phone numbers day of birth he is 30 years old he is not a sponsor he just to be a writer for sponsored whip he is using every information he got to ripoff people im going to contact the FBI and gave them all this information i got i dont care much about the money i want justice because he is living a hight roller live with others peoples money one of his house the value is 250,000 dollars went he only makes 50,000 dollars a year how can he affort to have 3 houses this time he scam the wrong person i got my connection not with sponsors with the law enforsment in willmington delaware i got more pictures of hami he is the one with the black shirt and his girlfriend is the one sitting next to him thats the model for sponsored whip all this information is true i hope i be contact soon by media or lawyer or FBI because i got more information to give to any law enforcment thank you

And here is all his phone numbers and addresses:
The owners name is Parham Mahani aka Hami Mahani aka Tom.

Business Name:
Sponsoredwhips.com
Sponsored Whips

Business Address:
2517 Saint George St
Wilmington, DE 19808

Original Business Start Date: 1/1/2007
Principal: Perviz Mahoni, CFO

Phone Number:
(302) 235-8526
(302) 235-8527
(877) 469-9447

Email Address: Info@sponsoredwhips.com

This customer service rep is the model from sponsored whips and Hami's girlfriend Paulette:

paulette@sponsoredwhips.com - Customer Service

Additional Locations & Phone Numbers

10 Buckthorn Close Newark , DE 19711
P.O. Box 5561 Wilmington , DE 19808
(302) 384-7940

Also, this guy is the owner of SponsoredWhips.com so don't waste your time sending them e-mails. He goes by the name of Hami, Parham, Tom, Tommy, Thomas, Jason, and I'm sure a few others. The customer service reps name is Paulette, but that's actually his girlfriend and model. I'm very sorry for those of you that have been "taken" by this piece of crap, but don't let it go, maybe if the police and other authorities get enough complaints about this scammer they will do something about it.
Here is a link to a picture of Hami from his myspace page:

http://www.myspace.com/73949564

I GOT THE APP. IN FACEBOOK
I DID THE APP. AND THE SAME DAY A GUY CALLE TOMMY CALLED ME AND TOLD ME THAT THEY WERE GONNA  PIMP MY SUV AND THEY WERE GONNA TAKE VER MY PAYMENT AND THAT THEY WERE INTERSTING IN IN MY CAR CCAUSE I WAS IN NJ
THEY NEW NUMBER IS
302-543-5217 302-543-5187
BE AREFULL WITH THIS PEOPLE THE HAVE NO HEART TO TAKE UR MONEY  EVEN WHEN I TOLD THEN THAT I WAS NOT WORKING

Case Law Full Display



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2007 Del. Ch. LEXIS 17,*

EDIX Media Group, Inc. v. Parham Mahani

Civil Action No. 2186-N

COURT OF CHANCERY OF DELAWARE, SUSSEX

2007 Del. Ch. LEXIS 17

January 16, 2007, Submitted

January 25, 2007, Decided


NOTICE:  

[*1]  THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

SUBSEQUENT HISTORY:   Later proceeding at EDIX Media Group, Inc. v. Mahani, 2007 Del. Ch. LEXIS 207 (Del. Ch., Feb. 1, 2007)
Affirmed by Mahani v. EDIX Media Group, Inc., 935 A.2d 242, 2007 Del. LEXIS 389 (Del., 2007)

PRIOR HISTORY:   Edix Media Group, Inc. v. Mahani, 2006 Del. Ch. LEXIS 207 (Del. Ch., Dec. 12, 2006)


COUNSEL:   Matthew F. Boyer, Timothy M. Holly, Connolly Bove Lodge & Hutz LLP, Wilmington, DE.

Joseph M. Bernstein, Wilmington, DE.



OPINION  

I have carefully considered the briefs and documentation submitted by both parties with regard to fees, costs and expenses. Defendant asserts that a fee award of almost $ 100,000 represents an expenditure of resources that is excessive relative to the value of the case and plaintiff's limited success on the merits. I find defendant's arguments to be without merit. Plaintiff's counsel has not asked for an exorbitant hourly rate and, to the extent that this case consumed much of Mr. Holly's time, fault lies squarely with Mahani.

I. FACTS

Plaintiff seeks to recover litigation costs pursuant to a provision of the Non- Compete and Confidentiality Agreement executed between the parties, which provides that:

Covenantor [Mahani] expressly agrees to indemnify and hold harmless Corporation [EDIX], its officers, directors, agents and other employees from any and all loss, damage, expense or cost (including attorneys fees and disbursements  [*2]  attendant thereto) arising out of or in any way connected with the enforcement of this Agreement, the breach of any duty, obligation, representation, warranty and/or covenant herein contained . . . .In a ruling on December 12, 2006, this Court found that Mahani violated the Agreement and awarded plaintiff compensatory, exemplary and nominal damages in the amount of $ 16,500.06. Further, the Court awarded plaintiff attorney's fees, costs of litigation, and other costs incurred in pursuing the lawsuit. n1

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -1

2006 Del. Ch. LEXIS 207 (Del. Ch. Dec. 12, 2006).
- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -

Plaintiff asserts that its attorney's fees and costs amount to $ 99,934.50. Defendant asks this Court to reduce this award to reflect the fact that plaintiff was only partially successful in prosecuting its case, and that plaintiff's counsel dedicated an excessive number of attorney hours to the litigation.

II. ANALYSIS

As an initial matter, agreements allocating the cost of future litigation between parties to an employment  [*3]  contract are not per se void as a matter of public policy. n2 Although fee-shifting agreements in employment contracts may be scrutinized more carefully where the Court is concerned about a disparity in bargaining power between the parties, n3 public policy implications weigh much less heavily when the fee-shifting provision is applied to a defendant's knowing, intentional, and (in this case) wrongful conduct performed after the termination of an employment relationship. n4 Nothing prevents the fee-shifting provision of the Agreement from being enforced as written in this case.

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -2

See All Pro Maids, Inc. v. Layton, 2004 Del. Ch. LEXIS 116, at *48 (Del. Ch. Aug. 9, 2004).3

See Research and Trading Corp. v. Pfuhl, 1992 Del. Ch. LEXIS 234, at *41-42 (Del. Ch. Nov. 19, 1992).4

All Pro Maids, 2004 Del. Ch. LEXIS 116, at *48.
- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -

The Agreement does not explicitly require that fees be awarded in proportion to plaintiff's success on the merits.  [*4]  Defendant asks the Court to add such a clause by implication, based either upon cases involving the statutory award of "reasonable" attorney's fees or the requirements of the Delaware Lawyers' Rules of Professional Conduct. First, the case law cited by defendant is irrelevant. Cases like Fasciana v. Electronic Data Systems Corp. n5 or Hensley v. Eckerhart n6 involve fees shifted between litigating parties by statute. Such fees are generally required to be reasonable, and are often available as an incentive to attorneys to encourage the prosecution of cases in the public interest. When a court considers a plaintiff's success on the merits in determining a reasonable fee award, it must balance the incentive for private attorneys to enforce legislative goals with the cost of potentially frivolous litigation. These agency concerns are not present in a case between two individuals. A private party possessed of contractual rights may pursue those rights vigorously even if, as here, they are ultimately only partially successful. If the contract includes reimbursement of expenses necessary to enforce those rights, then such expenses may be awarded.

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -5

829 A.2d 178 (Del. Ch. 2003).  [*5]  6

461 U.S. 424, 103 S. Ct. 1933, 76 L. Ed. 2d 40(1983).
- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -

Defendant's reliance on Rule 1.5 of the Delaware Lawyers' Rules of Professional Conduct is only slightly less misplaced. The amount involved in litigation and results obtained are only two of many factors to be considered in determining the reasonableness of an attorney's fee. n7 The time and labor required to carry a case to trial also carries considerable weight. n8 Defendant will not be heard to complain that the time spent preparing for litigation was excessive when he may be blamed for so much of the cost and delay.

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -7

Del. Lawyers' Rules of Prof 1 Conduct R. 1.5(a)(4).8

Del. Lawyers' Rules of Prof'l Conduct R. 1.5(a)(l).
- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -

Defendant is particularly offended at the 169.9 hours plaintiff dedicated to trial preparation. Left unstated, however, is the fact that plaintiff's counsel had to ready himself for trial twice. Between July 19 and August 14, 2006, Mr. Holly spent  [*6]  94.2 hours organizing trial exhibits, preparing depositions, drafting questions for witnesses, and otherwise getting ready for trial. Shortly thereafter, defendant asked the Court to postpone the trial due to the resignation of defendant's initial counsel. At that time, the Court warned Mahani that "[t]o the extent this delay of the trial causes additional harm to EDIX . . . [Mahani] risks imposition of a significant financial judgment against him." n9 Mr. Holly spent an additional 75.7 hours between September 19 and October 11, 2006. These hours are rightfully the responsibility of defendant.

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -9

Letter of the Court to Counsel, Aug. 22, 2006.
- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -

With ample opportunity to minimize the costs of litigation, defendant at every step chose to draw out the conflict. Defendant now downplays the difficulty faced by plaintiff at trial, suggesting that "[F]rom the outset of the case, EDIX had obtained 'smoking gun' evidence that Mahani was the person responsible for sending at least one, if not all, of the e-mails  [*7]  [that breached the Agreement]." n10 Yet it was not enough to have this evidence in hand. Proving that Mahani sent the emails required plaintiff's counsel to depose police officers, obtain records from third parties, and then present this evidence at trial. Because defendant required plaintiff to establish, via the production of testimony or documentary evidence, every key issue of fact in the case, he cannot complain of the fees shifted upon him.

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -10

Def.'s Post-Trial Mem. at 8.
- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -

In essence, defendant's conduct during the trial process represented a gamble in which defendant balanced the possibility of reducing (or even avoiding) an eventual judgment on the merits with the chance that he would have to pay for a more expensive trial. If the final damages seem disproportionately small in comparison to attorney's fees and costs, it is only because he doubled-down on that bet too many times.

Parties shall submit a form of order to the Court implementing this decision.

/s/ William B. Chandler III





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