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Employment Law
Breach of Contract
Quantum Meruit

Donald Magorian v. Richard Sykora, et al.

Published: Aug. 5, 1995 | Result Date: Jun. 14, 1995 | Filing Date: Jan. 1, 1900 |

Case number: SCV2103 –  $68,209

Judge

James L. Roeder

Court

Placer Superior


Attorneys

Plaintiff

Lawrence T. Ring


Defendant

Alexander L. Constantino


Experts

Plaintiff

Lawrence T. Larson
(technical)

Michael A. Mayda
(technical)

Edward P. Jucevic
(technical)

Diane Carlson
(technical)

Defendant

Danny L. Taylor
(technical)

Alan Richter
(technical)

Facts

In 1986, Defendant Richard Sykora retained Plaintiff Donald Magorian, a 40-year-old mining engineer, to conduct underground tunneling operations at Defendant's gold mine outside Foresthill in California. At the time, Plaintiff was allegedly to be paid by the foot for his tunneling services. Later, Plaintiff and Defendant agreed to split the cost of fuel and repair on equipment used at the Defendant's mine. In 1993, Defendant terminated the services of Plaintiff.

Settlement Discussions

Plaintiff contends his demand was a 998 in the amount of $49,999 and Defendant made no offers.

Specials in Evidence

$50,000

Damages

Plaintiff claimed lost earnings of $50,000; $26,000 fuel and maintenance -- $76,000 total. Defendant claimed $90,000 in fraud damages in his Cross-complaint.

Deliberation

1 day

Poll

12-0, 10-2

Length

11 days


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