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
Construction Defects

Rodrigo De La Cruz, Monica De La Cruz v. Enterprise Builders Inc., Doug Smith

Published: Mar. 6, 2010 | Result Date: Oct. 9, 2009 | Filing Date: Jan. 1, 1900 |

Case number: RCVRS090147 Arbitration –  $1,191,220

Court

San Bernardino Superior


Attorneys

Plaintiff

Conard Lee Brown


Defendant

Craig J. Silver
(Law Offices of Craig J Silver)


Facts

Plaintiffs Rodrigo and Monica De La Cruz alleged that they hired defendants Dough Smith and Enterprise Builders Inc. (Enterprise) to remodel their home.

Contentions

PLAINTIFFS' CONTENTIONS:
The De La Cruzs claimed that after work had begun on the project, they called defendants and were told that the person working on their property was not their employee. The defendants absolved themselves of responsibility of the work done so far on the project. It was revealed during discovery that this problem had happened to other homeowners, as well.

DEFENDANT'S CONTENTIONS:
Enterprise contended that it had merely referred the home remodeling job to a third party contractor, by the name of Al Gass.

Damages

The De La Cruzs sought to recover $366,215.

Result

The De La Cruzs settled in arbitration and were awarded $241,215 in compensatory damages against Smith, individually, and Enterprise. They were also awarded $950,000 in punitive damages against Smith. The interest was $113,935, as of Oct. 26, 2009.


#120367

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

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