Philip J. Pizzino Jr. v. Seacost Equities Inc.
Published: Jun. 1, 2002 | Result Date: Mar. 18, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC767295 Bench Decision – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Benjamin L. Pavone
(Pavone & Fonner, LLP)
Defendant
Facts
The defendant is a mortgage lending company. In February 2000, the plaintiff, a 33-year-old loan officer at the
time, signed a contract with the defendant as a loan officer. The contract was terminable at will. In late June
2000, the plaintiff made a proposal to the defendant that he run the company as general manager. In July 2000,
the plaintiff discussed his proposal with Judy Polahar (President of Seacoast).
The plaintiff alleged that the defendant made certain oral promises, including to provide the plaintiff with a
marketing budget to attract new business. The defendant agreed to accept the plaintiffÆs proposal to work as
general sales manager and agreed to provide a marketing budget. The amount of the budget was not fixed at
that time. The defendant ultimately provided a much lower marketing budget than the plaintiff expected, which
gave rise to the dispute.
The plaintiff later filed a complaint for breach of contract, breach of the implied covenant
of good faith and fair dealing, fraud and negligence.
Damages
The plaintiff claimed approximately $200,000 in economic damages and also prayed for punitive damages.
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