Pacific Adventure Cruises Inc. v. Sea Planes Inc.
Published: Aug. 30, 2008 | Result Date: Aug. 5, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC352947 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Neil S. Lerner
(Cox, Wootton, Lerner, Griffin & Hansen LLP)
Experts
Plaintiff
William F. Schulteis
(technical)
Facts
Plaintiff and defendant both operate commercial maritime vessels between Marina del Rey and Catalina. In 2005, defendant Sea Planes carried passengers from the Westside YMCA and Cub Scout Pack 333 between Marina del Rey and Catalina. In April 2006, Sea Planes carried passengers from Huntington Middle School between Marina del Rey and Catalina.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Sea Planes, by carrying passengers from the Westside YMCA and Cub Scout Pack 333 in the fall of 2005, negligently and intentionally interfered with plaintiff's prospective economic advantage with those groups by not having the proper licensing from the PUC and that Sea Planes acted with malice. The plaintiff also contended that Sea Planes breached a contract it had with plaintiff by taking passengers from Huntington Middle School in April 2006.
DEFENDANT'S CONTENTIONS:
Defendant Sea Planes contended that it had all of the necessary PUC authority to make the trips in 2005 for Westside YMCA and Cub Scout Pack 333. Defendant further claimed that plaintiff had no economic relationship with those groups and no reasonable or probable expectation of receiving their business. Sea Planes also contended that plaintiff did not complete performance as required by contract terms, thus, Sea Planes was under no contractual obligation during the April 2006 trips involving students from Huntington Middle School.
Damages
The plaintiff alleged lost profits and sought punitive damages.
Result
Defense verdict on each of the five causes of action for breach of contract, intentional and negligent interference with prospective economic advantage. No punitive damages were awarded.
Other Information
Two other named defendants settled with plaintiff prior to trial. FILING DATE: May 26, 2006.
Deliberation
2.75 hours
Poll
12-0 (all issues)
Length
7.5 days
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