This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jan. 14, 1995

Breach of Contract
Specific Performance
Fraud

Confidential

Settlement –  $82,055

Judge

Harvey A. Schneider

Court

L.A. Superior Central


Attorneys

Plaintiff

Lynn Asayo Shinmoto

Mark S. Feldman


Defendant

Jay S. Bloom


Experts

Plaintiff

Richard Edvall
(technical)

Facts

Plaintiff lumber company sold $64,000 worth of lumber to Defendant general contractor for use in constructing a shopping center for the remaining Defendants. The lumber was delivered between March 17, 1993, and May 8, 1993. During the course of construction, and in order to satisfy Plaintiff's concern that it would be paid, Defendant property owners allegedly agreed to be personally liable for the lumber if Plaintiff continued to supply lumber. Plaintiff was paid $12,000. Plaintiff then recorded a mechanic's lien, sued to foreclose on that lien, and sued Defendant owners for fraud. Before the action came to trial, the lien was allegedly wiped out by a foreclosure sale by the holder of the first trust deed.

Settlement Discussions

Plaintiff contends that they demanded $52,000 and that Defendants offered $15,600.

Damages

$51,890 for lumber.

Other Information

This case was settled following the Court's tentative $71,890 judgment in favor of Plaintiff.


#113722

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390