Confidential
Settlement – $28,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Facts
On Nov. 2, 1990, the plaintiffs, a 53-year-old communications business owned and his 35-year-old wife and co-owner, were in the business of selling cellular phones. On that date, they provided 50 phones to the defendants, who had a purchaser for the phones. This transaction was supported by a written invoice. The purchaser took 46 of the phones, worth $32,250, before defendants discovered that the purchaser's cashier's check was counterfit. The defendants returned 4 of the phones to the plaintiffs and stopped payment on the $32,250 check they had given to the plaintiffs when they obtained the phones. There were insufficient funds in the defendant's bank account to cover the check. The plaintiffs brought this action against the defendants, based on breach of contract, common counts and breach of the covenant of good faith and fair dealing theories of recovery.
Settlement Discussions
The plaintiff's settlement demands, if any, were not disclosed. The defendants made a settlement offer of $5,000, increased to a C.C.P. º998 offer of compromise for $7,500 and then raised to $14,000 by written offer.
Damages
The plaintiffs claimed damages in the amount of $32,250 for the cost of the phones, plus interest to the time of the settlement for a total of $51,600.
Other Information
The settlement was reached approximately four years and five months after the original case was filed. An arbitration was held on Oct. 18, 1995 resulting in an award of $48,645 for the plaintiffs. The defendant requested a trial de novo. The plaintiffs' motion for summary judgment was denied on July 18, 1996.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390