This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Book Account, Account Stated

American Express Bank, FSB v. Mayra Hernandez aka Mayra Fernandez, individually and dba Compton Five, and Does 1 through 20, inclusive

Published: Mar. 11, 2017 | Result Date: Feb. 9, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 30-2015-00782868-CU-BC-CJC Bench Decision –  $25,157

Court

Orange Superior


Attorneys

Plaintiff

Sara Jane Hamilton
(Law Office of Sara J. Hamilton)

Matthew James Slezak
(Law Office of Sara J. Hamilton)


Defendant

Joseph C. Rosenblit
(UC Consumer Law Group)


Facts

American Express Bank FSB sued Mayra Hernandez aka Mayra Fernandez, individually and dba Compton Five, involving a contractual dispute.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff extended credit to defendants. Defendants however failed to pay monies due under the credit agreement. Plaintiff sued defendants for breach of written contract, common counts: book account, account stated, and quantum meruit-reasonable value.

DEFENDANTS' CONTENTIONS:
Defendants issued a general denial.

Damages

American Express sought to recover $33,171 plus $646 in fees for a total sum of $33,817.

Result

The parties reached a $20,280 settlement. The court thereafter entered judgment against defendants in the amount of $25,157.

Other Information

FILING DATE: April 16, 2015.


#103205

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390