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Contracts
Breach of Contract
Misrepresentation

Mr. Peter's Plumbing v. Pacific Bell Directory

Published: Apr. 8, 2003 | Result Date: Feb. 11, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 322102 Verdict –  $432,612

Judge

Paul H. Alvarado

Court

San Francisco Superior


Attorneys

Plaintiff

Garet D. O'Keefe
(O'Keefe & O'Keefe LLP)


Defendant

Marvin K. Anderson


Experts

Plaintiff

Karen Diaz
(technical)

Facts

The plaintiff, Mr. Peter's Plumbing, sued the defendant Pacific Bell Directory for contract damages, including lost profits, arising out of errors and omissions in its yellow pages advertisement for directories for 1997, 1998 and 2000. The plaintiff also alleged Pacific Bell Directory negligently misrepresented its Double-Truck advertising program. The defendant denied liability and filed a cross-complaint for approximately $76,000 for unpaid advertising charges. The jury awarded the defendant approximately $38,000 on its cross-complaint.

Result

According to the plaintiff: Jury verdict for the plaintiff in the sum of $432,612 and for the defendant on its cross-complaint for $38,000. The plaintiff has submitted a memorandum of costs for approximately $23,000.

Other Information

The defendant moved for judgment notwithstanding the verdict and for a new trial.

Deliberation

10 hours

Length

two weeks


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