Bijan Badihian, D.O. v. Francis Pau, M.D.
Published: Aug. 24, 1996 | Result Date: May 23, 1996 | Filing Date: Jan. 1, 1900 |Case number: RCV10590 – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Jeffrey C. Bogert
(Law Offices of Jeffrey C. Bogert)
Defendant
Facts
In the late summer or early fall of 1993, the plaintiff, Bijan Badihian, D.O., had discussions with the defendant, Francis Pau, M.D., about opening a general practice medical clinic in Rancho Cucamonga. The defendant executed a lease for the premises. The plaintiff did not sign the lease, although he was referred to therein (concerning rent concessions if the plaintiff signed the lease). An independent contractor/business manager who was retained by the plaintiff had been involved in the discussions concerning the proposed clinic. This business manager assisted the defendant in opening the Rancho Cucamonga clinic in November 1993. He agreed in writing to advance clinic expenses (rent, staff, salaries, equipment and supplies) until the clinic was self-sufficient. Defendant Dr. Pau began providing physician services at the Rancho Cucamonga medical clinic when it opened. He still operates it. The plaintiff brought this action against the defendant based on breach of contract and common count theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $125,000. The defendant made a C.C.P. º998 offer of compromise for $30,000.
Damages
The plaintiff claimed $250,000 as his share of profits over two and one-half years plus $25,000 reduced to $18,000 money had and received.
Other Information
The verdict was reached approximately one year and 10 months after the case was filed. An arbitration was held on July 19, 1995, before Mark Tundis resulting in an award of $14,312 in favor of the plaintiff. The plaintiff requested a trial de novo. The trial was bifurcated as to the issue of damages for breach of contract. The jury found no contract had been formed. Following the verdict, the parties stipulated to $14,500 as the money had and received. The court awarded the defendant $10,000 in costs and post-offer attorney's fees and denied the plaintiff costs, pursuant to C.C.P. ºº998 and 1021.1; therefore, the plaintiff's stipulated judgment was reduced to $4,500.
Deliberation
4 hours
Poll
12-0 (no contract)
Length
8 days
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