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Contracts
Breach of Contract
Promissory Note/Collections

Michelle Masciotra v. [REDACTED]

Published: Jun. 10, 2017 | Result Date: May 4, 2017 | Filing Date: Jan. 1, 1900 |

Case number: BC600269 Bench Decision –  $36,929

Court

L.A. Superior Central


Attorneys

Plaintiff

Benjamin A. Brin
(Benjamin A. Brin APC)


Defendant

Julias Stewart
(Stewart-Reed Law Group Inc.)


Facts

Plaintiff sued defendant relating to a loan.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she loaned defendant $35,000. Pursuant to the terms of the contract, defendant agreed to repay the loan as soon as possible, and agreed to pay whatever cost, interest, expenses required by plaintiff. Plaintiff claimed that they agreed that defendant would repay the loan once he sold one of his commercial buildings and was generating income from his business. However, once plaintiff loaned defendant the money and defendant sold his building and earned income, defendant refused to repay the loan or any costs, interests or expenses.

Result

Following a bench trial, the court found for plaintiff on her breach of contract claim and awarded her a total of $36,929.04. It found her common count claims moot.


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