CDH Industries v. Hydro Systems
Published: Nov. 12, 2002 | Result Date: Oct. 10, 2002 | Filing Date: Jan. 1, 1900 |Case number: CIV200091 Verdict – $150,000
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael Kobel
(technical)
Defendant
Jeffrey A. Simmons
(technical)
Facts
The plaintiff, CDH Industries, was a distributor of hot tubs. The defendant, Hydro Systems, was a
manufacturer of hot tubs. There was a prior dispute between the parties which was resolved by a
settlement on March 18, 1998. A draft written settlement agreement was signed by both parties
which was to be memorialized in a subsequent and formal settlement agreement. This second
agreement was never prepared. The essential terms of the draft settlement were payment by
Hydro to CDH of $75,000 in cash and delivery by Hydro to CDH of 150 hot tubs at the rate of
fifteen per month. From the start there were disagreements regarding performance. The cash
payment was five days late. Some of the deliveries were late.
Damages
The plaintiff claimed special damages in the form of increased inspection and delivery costs in the amount of $22,800; $341,250 on the loss of profit on the sale of 150 tubs and an additional $210,000 (total, $574,150) in operating profits for a period of eighteen months.
Other Information
The plaintiff expects to be awarded attorney fees.
Deliberation
10 hours
Poll
12-0 (breach of contract)
Length
10 days
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