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Contracts
Breach of Contract
Broker

Coastal Delivery Corporation v. Nisco Pacific Inc.

Published: Sep. 16, 2003 | Result Date: Jun. 26, 2003 | Filing Date: Jan. 1, 1900 |

Case number: TC010440 Verdict –  $2,706,270

Judge

Richard Fruin

Court

L.A. Superior Compton


Attorneys

Plaintiff

John S. Gordon

A. Eric Bjorgum
(Karish & Bjorgum PC)


Defendant

Roger P. Heyman


Experts

Plaintiff

Charles Gross
(technical)

Defendant

Jeffrey W. Freeman
(technical)

Facts

The plaintiff entered into an oral agreement with the defendant whereby the plaintiff became the exclusive trucking company for the transportation of all ocean shipping containers entering Los Angeles/Long Beach Harbor which were designated by U.S. Customs Service for inspection by Customs' Contraband Enforcement Team at Nisco's warehouse. Within several months of the beginning of Nisco's six-year contract with the Customs, Nisco terminated Coastal's status as exclusive trucker for the operation of the contract and thereafter terminated Coastal completely as a trucker for the transportation of any of the containers designated for the examination at Nisco's warehouse. Nisco subsequently used other truckers to transport all containers to its warehouse for Customs Service examination. In 1998, a jury found that the defendant had breached the contract and awarded $4.2 million in damages. A new trial was granted and the current trial was on damages only.

Settlement Discussions

The plaintiff demanded $3.4 million. The defendant made a C.C.P. Section 998, $1,050,000.

Result

Verdict for the plaintiff in the amount of $2,706,268. The court awarded prejudgment interest of $427,454.

Poll

12-0

Length

six days


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