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Contracts
Breach of Contract
Interference with Prospective Economic Advantage

Payment Resources International Inc. v. The Irvine Company, Western Golf Properties LLC

Published: Dec. 14, 2004 | Result Date: Oct. 31, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 03CC08446 Arbitration –  $250

Judge

Enrique Romero

Court

Orange Superior


Attorneys

Plaintiff

Michael A. Brewer


Defendant

Omar J. Yassin
(Yassin Law, APC)

Frank T. Sabaitis
(Sabaitis, Lunsford & Moore)


Facts

The subject suit, which was consolidated, arose from the alleged breach of credit card processing and merchant agreements related to credit card reconciliation services provided by the plaintiff, an independent service organization, to the defendants, the owner and management company of two private golf courses located in Orange County. The defendants entered into a two-year merchant agreement with the plaintiff to provide for credit card processing at both golf facilities. The plaintiff alleged that the defendants' unilateral termination of their service agreement with the plaintiff during a one-year renewal term and the alleged transfer of service organizations, constituted a material breach of the merchant agreement.

Settlement Discussions

The plaintiff's initial pre-litigation settlement demands totaled $274,626. Upon filing of the original consolidated lawsuits, the plaintiff's demand was reduced to $112,659.

Result

Contractually limited maximum liquidated damages in the amount of $250 plus interest.

Other Information

The parties waived enforcement of contractual attorney fees and litigation costs.


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