Facts

Plaintiff/cross-defendant Jayson Pahlmeyer and defendant/cross-complainant Marvin Nobles owned properties in Sonoma County, which shared a common boundary line. In 1999, Pahlmeyer began construction of a reservoir and development of a vineyard. He contracted with Nobles, a licensed timber operator, to construct the reservoir and develop the vineyard. Defendant Henry Heintz, a general engineering contractor, was hired to work on the project. Pahlmeyer sued the defendants for breach of contract, breach of good faith and fair dealing, fraud and negligent misrepresentation. Nobles cross-complained, alleging that Pahlmeyer breached their contract and trespassed by installing a portion of the vineyard on Nobles' property.

PLAINTIFF/CROSS-DEFENDANT CONTENTIONS:
Pahlmeyer contended that Nobles inflated the invoices and overcharged him for the work done. Pahlmeyer also contended that Nobles was vicariously liable for the conduct of Heintz based on an allegedly secret agency relationship. DEFENDANT/CROSS-COMPLAINANT

Pahlmeyer contended that Nobles inflated the invoices and overcharged him for the work done. Pahlmeyer also contended that Nobles was vicariously liable for the conduct of Heintz based on an allegedly secret agency relationship. DEFENDANT/CROSS-COMPLAINANT CONTENTIONS:
Nobles contended that the amount charged was reasonable for the work done and that the project cost was dictated by the difficult site conditions and Pahlmeyer's decision to expand the reservoir after work had already begun. In his cross-complaint, Nobles alleged that Pahlmeyer trespassed by installing a portion of the vineyard on his property, despite his request that Pahlmeyer obtain a survey before installing fences and planting grapes.

Damages

The plaintiff asked the jury to award $1.4 million in damages.

Result

The plaintiff prevailed on his breach of fiduciary duty cause of action against Heintz and was awarded $78,028 in disgorgement of commissions. Nobles prevailed on his cross-complaint for breach of contract and trespass and was awarded $104,645 ($118,560 including costs). In the plaintiff's causes of action against Nobles, the jury returned a defense verdict for Nobles.

Other Information

Henry Heintz appeared in pro per.

Deliberation

two days

Length

14 days