Facts

Gadi Emein contracted with Soil Pacific Inc. to clean up underground fuel tanks that were leaking at Ventura Shoup Car Wash, a business he owned. Yones Kabir, who owned Soil Pacific, had previously worked on two cleanups with Emein. Kabir was hired to replace another company originally hired for the project.

Emein, Ventura Shoup, and Ventura Shoup Property Inc. sued Kabir and Soil Pacific alleging that Kabir and Soil Pacific overcharged him for the clean up services, and that Kabir had been paid more than he was entitled to. Soil Pacific filed a cross-complaint for unpaid invoices for services rendered.

Prior to trial, plaintiffs voluntarily dismissed the complaint against Kabir and Soil Pacific and the matter proceeded to a bench trial on Soil Pacific's cross-complaint.

CROSS COMPLAINANT'S CONTENTIONS:
Soil Pacific claimed that the car wash received reimbursement from the California Underground Storage Cleanup Fund, but when Kabir asked to be paid, Emein demanded a "loan" from those payments before tendering the rest to Kabir. Soil Property further contended that Emein failed to tender the last $185,000 of those funds.

Damages

The complaint sought damages in the amount of $560,000 for services rendered and for the alleged "loans" that was amended at trial to $383,131.84.

Injuries

The cross-complaint alleged breach of contract or reasonable value of services together with the "loans" made to cross-defendant.

Result

The court found that Soil Pacific was entitled to the reasonable value of its services, including the amounts that Soil Pacific alleged was loaned to Emein, but which the court found to have been "extorted." Cross-plaintiff was awarded in total of $383,131.84 in damages.