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.

Contracts
Breach of Contract
Fraud

Marilyn Mansdorf v. HomeBase

Published: Oct. 3, 1998 | Result Date: Jul. 8, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 779628 Verdict –  $0

Judge

Ronald L. Bauer

Court

Orange Superior


Attorneys

Plaintiff

Martin J. Kirwan

Cameron D. Coy


Defendant

Scott A. Freedman
(Southern California Gas Co)


Experts

Plaintiff

Dennis Bluke
(technical)

Facts

On June 5, 1996, plaintiff Marilyn Mansdorf, a 50-year-old homemaker, entered into a contract with defendant HomeBase for installation of vinyl flooring and carpeting. Independent contractor, defendant Tim Reeves, did the installation work. Between June 3, 1996, and September 1996, the plaintiff had numerous conversations with various employees of defendant HomeBase in order to resolve her complaints about the installation. Eventually, communications broke down and the plaintiff filed this lawsuit. The plaintiff brought this action against the defendants based on breach of contract and fraud.

Settlement Discussions

The plaintiff made a settlement demand for $1.5 million against defendant HomeBase. Per defendant HomeBase, it made a C.C.P. º998 offer of compromise for $10,000. Per plaintiff, Homebase made a C.C.P. º998 offer of $8,000.

Injuries

The plaintiff claimed loss of use of her home.

Other Information

The verdict was reached approximately one year after the case was filed. A motion for a new trial is pending.

Deliberation

three hours

Poll

12-0 (defendant HomeBase); 9-3 (defendant Reeves Flooring)

Length

six days


#115080

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

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