Western Pet Wholesalers Inc. v. James R. Balsimo, Quality Pet Products Inc., Natura Pet Products Inc.
Published: Sep. 16, 2003 | Result Date: Jun. 16, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIN014514 Verdict – $2,639,680
Judge
Court
San Diego Superior
Attorneys
Experts
Plaintiff
Brian P. Brinig
(technical)
Defendant
Cary P. Mack
(technical)
Facts
The plaintiff, Western Pet Wholesalers, is a San Marcos distributor of pet products. The defendant, Natura Pet Products Inc. is a manufacturer of pet foods. The defendant Quality Pet Products Inc. is also a pet products distributor managed by the defendant James R. Balsimo, a former sales representative for defendant Natura Pet Products. Until July 2001, the plaintiff was an exclusive distributor in Southern California of Natura's products. On July 6, 2001, Natura terminated the exclusive agreement between Natura and Western Pet. Quality Pet Products replaced Western Pet as the distributor in the Southern California territory.
Settlement Discussions
The defendants made a C.C.P. Section 998 offer of $80,000. The plaintiff made a C.C.P. Section 998 demand of $684,101, plus attorney fees and costs.
Damages
Lost profits, reconciliation invoice, conversion damages and misappropriation of trade secrets damages.
Result
Natura: $1,351,850 (compensatory damages); $9,629 (post verdict interest). Quality Pet: $611,918 (compensatory damages); $32,432 (punitive damages); $4,456 (post verdict interest). James R. Balsimo: $596,718 (compensatory damages); $28,337 (punitive damages); $4,335 (post verdict interest)
Other Information
Attorneys fees and costs remain to be determined; the defendants' motions for a new trial and judgment notwithstanding the verdict were denied on Aug. 14, 2003.
Deliberation
one day (compensatory), three hours (punitive)
Length
six weeks
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