Bragg Investment Co. Inc. dba Coastline Equipment v. Southwest Engineering Inc., Surety Company of the Pacific
Published: Jan. 19, 2005 | Result Date: Jun. 30, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03C01940 Bench Decision – $20,171
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Facts
In 1995, Southwest Engineering of Malibu contracted to repair the concrete lining of the Los Angeles River Basin. Southwest's loader began leaking hydraulic fluid into the basin and telephoned plaintiff Coastline Equipment in Long Beach to request that it come on site and perform the repair. Southwest signed a credit agreement with Coastline. Coastline performed the repairs and sent Southwest a bill. Southwest refused to pay the bill and Coastline sued it as well as Surety Company of the Pacific, Encino, for failure to pay the invoice. Surety Company was named a defendant as a contractor's surety, answerable for the contractor's wrongful failure to pay suppliers. Southwest disputed the invoice on the basis that neither Rossi, the foreman, nor the main office provided authorization for the work and that no Southwest Engineering purchase order was ever signed. Coastline argued that it was authorized by the Southwest foreman, Attilio Rossi to make all necessary repairs.
Damages
The plaintiff demanded reimbursement for services rendered under the invoice in the amount of $9,844 representing parts and labor.
Result
The court found both defendants liable and awarded Coastline the full amount of the invoice, plus attorney fees, costs and interest, for a total award of $20,171.
Other Information
Following post-trial motions, the court also awarded Coastline $7,965 in attorney fees; $778 in costs and $1,583 in prejudgment interest.
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