Facts

Homeowners, Michael and Nina Lightfoot, hired Jackz Builders to perform construction and remodeling work on their single-family home located in Laguna Hills. Jackz Builders filed a suit claiming nonpayment on the contract.

The Lightfoots filed a cross-complaint claiming Jackz Builders improperly performed the remodeling and caused defects and damage to their home.

The construction contract entered between the Lightfoots and Jackz Builders provided for the recovery of attorney fees incurred in the enforcement of the contract.

PLAINTIFF'S CONTENTIONS:
Jackz Builders asserted claims against the Lightfoots for breach of contract.

DEFENDANT'S CONTENTIONS:
The Lightfoots' cross-complaint against Jackz Builders asserted breach of contract, negligence and nuisance causes of action.

Settlement Discussions

The Lightfoots initially demanded $90,000 inclusive of attorney fees and costs, which was rejected. Prior to trial, Jackz Builders offered $30,000 and dismissal of Jackz Builders' complaint against the Lightfoots. The Lightfoots finally demanded $52,000 inclusive of attorney fees and costs. Jackz Builders rejected the Lightfoots' final demand.

Damages

Jackz Builders claimed damages in the amount of $28,000 based on the alleged non-payment of the contract and change order compensation.

Result

The jury returned a verdict for Jackz Builders in the amount of $10,125 on its breach of contract claim against the Lightfoots. On the cross-complaint, the jury found in favor of the Lightfoots in the amount of $33,207 on their negligence cause of action against Jackz Builders.

Other Information

The Lightfoots' filed a Motion for Judgment Notwithstanding the Verdict on Jackz Builders' breach of contract cause of action on the grounds that Jackz Builders failed to prove that it was properly licensed as required by Business and Professions Code section 7031(d). The court granted its motion for JNOV and granted them their attorney fees in the amount of $86,303 and costs in the amount of $4,106. The court denied Jackz Builders' motion for attorney fees and costs. FILING DATE: Feb. 2, 2012.

Length

six days