Confidential
Settlement – $40,000Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Scott A. Cox
(Law Offices of John A. Hauser)
Experts
Plaintiff
C. Ryan Fisher
(Manatt, Phelps & Phillips LLP)
(technical)
Facts
In October 1993, the plaintiff homeowner hired the defendant, a landscaper and general contractor, to install landscape for the plaintiff's new home. The plaintiff contended that the work was incomplete; improperly performed and that the defendant abandoned the job. The defendant contended that the work was properly performed and he was improperly terminated. The plaintiff brought this action against the defendant landscaper/general contractor based on breach of contract and negligence theories of recovery. The defendant filed a cross-complaint against the plaintiff/cross-defendant for money owing.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $45,000. The defendant made a C.C.P. º998 offer of compromise for $19,000.
Damages
The plaintiff claimed approximately $45,000 in repairs and corrections.
Other Information
The settlement was reached approximately two years and four months after the case was filed. An arbitration was held before Kent Miraconda resulting in a $19,000 award. The plaintiff requested a trial de novo.
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