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
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.
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