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Contracts
Breach of Contract
Attorneys Fees

City of Laguna Hills, a municipal corporation v. Southern California Joint Powers Insurance Authority, a joint powers agency

Published: Dec. 6, 1997 | Result Date: Jun. 13, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 730889 –  $796,000

Judge

John M. Watson

Court

Orange Superior


Attorneys

Plaintiff

Deborah J. Fox
(Meyers Nave APC)


Defendant

Robert A. Cardwell


Experts

Defendant

Robert J. Feldhake
(technical)

Facts

Plaintiff and petitioner City of Laguna Hills (City) is a municipal corporation organized under the laws of the State of California. Defendant and respondent Southern California Joint Powers Insurance Authority (Authority) is a joint powers agency. The City was involved in a prior lawsuit titled Mission Viejo Company v. City of Laguna Hills, et al. The Mission Viejo Company sought declaratory and injunctive relief against the City and various city officers and employees for alleged acts or omissions regarding construction of streets and alleged interference with development plans sponsored by the Mission Viejo Company. The defendant Authority accepted the defense on two causes of action. In May 1993, the Mission Viejo lawsuit was terminated by a settlement agreement which absolved the City of all liability for monetary damages and provided the City with an extensive packet of traffic mitigation measures. The Authority refused to reimburse the City for attorney fees and other litigation costs. The plaintiff brought this breach of contract action against defendant and petitioned for a writ of mandate.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $500,000. The defendant made a C.C.P. º998 offer of compromise for $20,000.

Damages

The plaintiff claimed $796,000.

Other Information

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

Length

two weeks


#112967

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