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CONFIDENTIAL

Oct. 31, 1998

Contracts
Breach of Contract
Warranty

Confidential

Settlement –  $44,000

Judge

Michael B. Rutberg

Court

L.A. Superior Compton


Attorneys

Plaintiff

R. Thomas Peterson


Defendant

Craig M. Lytle


Facts

The plaintiff in this case had filed a previous claim on a promissory note and for palimony. The defendant settled the action by payments and transfer of heavy equipment with warranties of clean title. The Internal Revenue Service (IRS) seized the heavy equipment auction proceeds owed to plaintiff because of a prior recorded tax lien against the defendant's corporation. The plaintiff brought this action against the defendant based on breach of contract. The plaintiff claimed the loss of $60,000 from auction proceeds with credit for non-IRS proceeds of $30,000.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $35,000.

Damages

The plaintiff claimed $40,000 in damages.

Other Information

The settlement was reached approximately 11 months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference held on May 14, 1998, before Judge Michael Rutberg resulted in the reported settlement.


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