This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Maritime Law
Unfair Business Practices
Unfair Competition

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

James H. Goudge


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


#101861

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390