Attorney Recovery Systems Inc., assignee of Diamond Pacific Products v. Rams Manufacturing Inc. dba Goods Western Store
Published: Jun. 21, 2005 | Result Date: May 10, 2005 | Filing Date: Jan. 1, 1900 |Case number: 04C00104 Verdict – $11,095
Judge
Court
L.A. Superior
Attorneys
Plaintiff
Defendant
Facts
From January 2002 through February 2003, the plaintiff's assignor, Diamond Pacific Products sold livestock feed to the defendant, Rams Manufacturing Inc., a California corporation dba Goods Western Store and Feed dba Rams Land and Livestock. At the end of the relationship, there was a balance due of $11,579. However, the defendant contended that it was due an off-set of $3,466 for product the plaintiff's assignor refused to pick up from the defendant. When the defendant failed to pay plaintiff's assignor, plaintiff's assignor assigned its claim against the defendant to the plaintiff, Attorney Recovery Systems Inc. a collection agency. Thereafter, the plaintiff sued the defendant alleging common count theories of recovery.
Settlement Discussions
The plaintiff demanded $10,000 at mediation, raised to $15,000 one day prior to trial in response to the defendant's $12,000 offer. The defendant offered $2,745, raised to $5,000 after the defendant's president's deposition, raised to $9,000 at mediation, raised to $12,000 one day prior to trial after the defendant's ex parte motion to continue the trial was denied.
Result
Judgment for plaintiff as follows: $8,109 in principal; $1,923 in prejudgment interest; $719 in attorney's fees; and $344 in costs.
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