Jack Kidder v. W. John Miottel
Published: Feb. 1, 1997 | Result Date: Jan. 7, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV746842 – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
James M. Bergener
(Bergener Mirejovsky APC)
(technical)
Facts
In 1993, plaintiff, Jack Kidder, a real estate appraiser, was retained by John Miottel, as an appraisal expert. The plaintiff agreed to submit a written report in November 1993 suitable for submission in an arbitration proceeding in lieu of direct examination. The plaintiff claimed he spent more than 100 hours in preparing the report, and that the defendant should have paid him $39,000 for that work. The defendant had already paid the plaintiff $16,500 for the work performed prior to the report assignment. The defendant contended that the draft report submitted by the plaintiff was untimely and so poorly done that it was not suitable for submission in an arbitration proceeding. The defendant also contended that the plaintiff was not entitled to any compensation beyond what the defendant had already paid. The plaintiff brought this action against the defendant based on breach of contract theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $20,000. The defendant made a settlement offer of $12,000 (per the defendant) or $15,000 (per the plaintiff).
Damages
The plaintiff sought $39,000 in damages for money allegedly owed, plus interest.
Other Information
The verdict was reached approximately two years after the case was filed. ARBITRATION: A judicial arbitration was held on Nov. 8, 1995 before Robert Sturges resulting in a defense award. Per the defendant, the court found in the trial de novo that the plaintiff did not submit a suitable report and therefore was not entitled to any further payment.
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