Facts

Tanya Linton was counsel for defendants Yuri and Svetlana Katchko and Gasprom Inc. Linton instructed defendant Ron Ravelle, a broker, to find a buyer for defendants Union 76 gas station and property located at 2335 West Sunset Boulevard in Los Angeles. Ravelle sent an information sheet on the property to prospective buyers through his fax distribution list. On March 9, 2004, plaintiff Mehrdad Farzinpour contacted defendant Ravelle informing him he wished to purchase the gas station. Ravelle sent plaintiff a purchase contract with a price of $1,525,000 which plaintiff signed and returned on March 10, 2004.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant Ravelle told him that defendant Katchko had signed the contract and that Ravelle had received an offer of $50,000 more shortly after it was signed. Ravelle claimed the defendants then refused to provide a copy of the signed agreement, and defendant Gasprom Inc. contended it did not sign the agreement. In trial, Linton claimed she threw the contract away because it was not executed by the seller.

DEFENDANTS' CONTENTIONS:
The defendants contended that Linton threw away the unsigned agreement. Defendant Gasprom contended that without a written document, the Statute of Frauds barred plaintiff's claims.

Result

The judge rendered a decision for plaintiff for $25,000 for negligent misrepresentation, plus $5,585 interest and attorneys fees. The court found in favor of defendants on plaintiff's claims for fraud, breach of contract and specific performance. The court also awarded defendant Commonwealth Title $11,396 contribution against co-defendants Katchko, Gasprom, Ravelle, and Gas Station Investments and Sales.

Other Information

FILING DATE: April 9, 2004.