Frank Layton v. David Carranza, et al.
Published: Sep. 27, 1997 | Result Date: Aug. 20, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV742781 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Kevin C. Anderson
(Office of the Los Angeles City Attorney)
Facts
Plaintiff Frank Layton was in the business of renting two way radios. Defendant David Carranza, his friend, borrowed 40 radios and accessories for a weekend, to be used for crowd control and security at the cross-defendant Gay Pride Celebration festival in downtown San Jose the weekend of June 10-11, 1994. Carranza rented a truck from cross-defendant Ryder Truck Inc. on the Friday before the festival. The Ryder truck developed mechanical problems shortly after it was picked up, but remained driveable, and was used to carry items to the festival site. Defendant Gay Pride used the truck for storage during and after the festival. The radios were stored in the truck on Sunday night at the abandoned festival site at Carranza's direction. Thirty-six of the radios plus miscellaneous accessories were discovered stolen from the truck on Monday afternoon. The plaintiff and Carranza entered into a written rental agreement covering the radios (allegedly after they were stolen), calling for payment of $915 per day rental fees and payment of $1,000 per radio for unreturned radios. The plaintiff brought this action againt the defendant Carranza based on a breach of contract theory of recovery. Defendant Carranza cross-complained against Ryder for indemnity, apportionment of fault and breach of contract. Ten months after suing cross-defendant Ryder, Carranza amended his cross-complaint to name Gay Pride Celebration Committee of San Jose, Inc. as a cross-defendant. He claimed that he was an officer and director of Gay Pride, a non-profit public benefit corporation, in obtaining the radios and signing the radio rental agreement with plaintiff, and that he was entitled to idemnity from Gay Pride by virtue of that relationship.
Settlement Discussions
Carranza settled with Layton prior to trial, by agreeing to pay $35,000 in installments. Carranza demanded $35,000 from Gay Pride immediately prior to trial. Gay Pride offered $12,000. Carranza demanded $5,000 from Ryder immediately prior to trial, conditioned upon Gay Pride paying at least $35,000. Ryder at all times throughout the case refused to offer any money whatsoever.
Other Information
The verdict was reached approximately three years after the case was filed. An arbitration was held on July 31, 1996 before John M. Ottoboni resulting in an award of $40,705 plus $7,500 in fees and an award of total indemnity in favor if Carranza and against Gay Pride.
Poll
____ - ____ (# pls.)
Length
2 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390