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Construction
Business Compulsion
Fraud

Augustine Sanchez, et al. v. Larry Betschart, et al.

Published: May 11, 1996 | Result Date: Apr. 11, 1996 | Filing Date: Jan. 1, 1900 |

Case number: CV69702 –  $0

Judge

Kenneth Andreen

Court

San Luis Obispo Superior


Attorneys

Plaintiff

Nico Charisse


Defendant

David Y. Farmer

Lawrence C. Beaver

Stephen H. Cornet

William McKenzie


Facts

In 1989, the plaintiffs, Augustine and John Sanchez and A & J Sanchez Construction, were subcontractors on two major construction projects. The plaintiffs hired the defendant, Larry Betschart, an unlicensed contractor, to do work for them. The defendant (using the plaintiff's name) undertook separate contracts to do portions of work on both construction projects. The plaintiffs were required to pay the bills owing at the end of the projects in order to provide a lien free job to the owners. After eighteen, months the plaintiffs brought this action against the defendants, Kaiser Sand & Gravel Co., R.L. Tuttle, The Beazer Group, Steve Sanders dba Sanders Construction Co., Larry Betschart and Bonita and Mid State Bank, alleging that they signed off on releases and waivers and on a substantial joint check, due to business compulsion. The plaintiffs brought this action based on fraud, duress, conversion, deceit, conspiracy, breach of the covenant of good faith and fair dealing, breach of implied contract and interference with business relationship theories of recovery.

Settlement Discussions

The plaintiffs made a settlement demand for $875,000. The defendants made a C.C.P. º998 offer of compromise ranging from $100 to $10,000. Per the defendants, the defendants made a C.C.P. º998 offer of compromise for $1,000.

Damages

The plaintiffs claimed in excess of $3,000,000 as damages.

Other Information

The verdict was reached approximately five years after the case was filed.

Deliberation

2 hours

Poll

10-2, 9-3, 10-2

Length

9 days


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