20/20 Fashions Inc., Al Shawa v. Jack Tam and Does 1-20
Published: Dec. 18, 2010 | Result Date: Dec. 15, 2009 | Filing Date: Jan. 1, 1900 |Case number: CGC-07-459628 Bench Decision – Defense
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Suheil Shatara
(technical)
Defendant
Thomas K. Butt
(technical)
Facts
20/20 Fashions Inc. entered into an oral contract with Jack Tam for interior design services for its new retail locations in the Tanforan Shopping Plaza and Southland Mall.
20/20 Fashions and Al Shawa filed suit against Tam, alleging negligence and failure of statutory and professional obligations.
Contentions
PLAINTIFFS' CONTENTIONS:
20/20 Fashions contended that Tam agreed to obligations in addition to his design duties on the projects, including producing the structural, mechanical, electrical, and plumbing plans, as well as submitting plans to the building departments and securing permits. 20/20 Fashions further contended that Tam agreed to supervise the construction and finalizations of the build-outs and assumed liability for ordering, inspecting, and assuring the adequacy of purchased materials. 20/20 Fashions alleged that Tam failed to secure a signed written contract for services, and that there were no documents that could establish the terms of the agreement, placing the burden on Tam to disprove the contract did not include the claimed obligations.
DEFENDANT'S CONTENTIONS:
Tam cross-complained alleging unpaid fees of $40,000. Tam alleged that 20/20 Fashions failed to provide evidence of an agreement for extended services, and failed to make attempts to mitigate or calculate damages.
Damages
20/20 Fashions sought over $900,000 in damages, as well as costs and punitive damages.
Result
The court rendered a verdict for Tam.
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