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Contracts
Breach of Contract
Conversion, Unjust Enrichment

Keith William Garl v. Daniel Campbell, Johnnie Campbell, Daniel M. Campbell Properties Inc.

Published: Jun. 4, 2011 | Result Date: Feb. 25, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 56-2009-00346237-CL-BC-VTA Bench Decision –  $14,440

Court

Ventura Superior


Attorneys

Plaintiff

Raymond A. Myers

David B. Madariaga
(Fowler Law Group)


Defendant

Thomas L. Engel


Facts

Keith Garl was hired by Daniel Campbell to trim trees at an orchard in Ventura on Nov. 14, 2008. After he was finished working, Garl gave Campbell an invoice for money owed.

Contentions

PLAINTIFF'S CONTENTIONS:
Garl filed suit against Campbell after he refused to pay, alleging breach of contract, and foreclosure of mechanic's lien. Garl also filed suit against the owner of the orchard, Daniel M. Campbell Properties Inc. (the "Company"), and Campbell's wife. Garl contended that after receiving $10,000, he was still owed $17,389.54 for work performed under the contract. Garl alleged he did the required work, as well as additional tasks asked of him.

DEFENDANT'S CONTENTIONS:
The Company filed a separate complaint against Garl, alleging breach of contract, negligence, conversion, and unjust enrichment. The Company contended that Garl's work was improper, and that he damaged trees in the orchard while trimming. It also claimed that Garl removed mulch, and converted it for profit.

Damages

Garl sought $17,389.54 in damages for unpaid compensation, as well as interest, attorney fees, and costs. The Company sought $6,000 for damaged trees, as well as $1,340.80 for the conversion of the mulch, and punitive damages of $1,340.80.

Result

The judge awarded Garl $14,439.56 in damages, and the Company $4,000.


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