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Contracts
Breach of Contract
Business Dispute

Bieber Lighting Corporation v. Bill Hein, Daniel Rivera

Published: Mar. 4, 2003 | Result Date: Aug. 30, 2002 | Filing Date: Jan. 1, 1900 |

Case number: YC040152 Verdict –  $1,573,130

Judge

Jean E. Matusinka

Court

L.A. Superior Torrance


Attorneys

Defendant

Marc E. Rohatiner
(Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP)


Experts

Facts

This case involved various claims arising out of Bieber Lighting Corporation and American Metal Tech's claims for unfair business practices, misappropriation and breach of employment contracts and the termination of the Bill Hein-Bieber Lighting, and Danny Rivera business relationships. The relationship between Bieber Lighting and Bill Hein spanned approximately 18 and a half years, until June 2000, during which time Bill Hein was acting as an independent wholesale sales representative and sold Bieber Lighting Corporation products. For a period of time from November 1998 to June 2000, Bill Hein and Danny Rivera operated a business assembling products.

Settlement Discussions

Early in the litigation, the defendant/cross-complainant demanded $200,000 to settle. The Biebers offered informal settlements with payments to Hein through verdict, but none were accepted.

Result

On the complaint, the jury found for the defendants. On the cross-complaint, the jury found in favor of the cross-complainants Bill Hein and Bill Hein & Associates Inc. as follows: (a) against Bieber Lighting Corporation, in the total sum of $1,354,509.82 (including attorneys fees, costs and treble damages after specifically finding the requisite willful violations of C.C. Section 1738); (b) against Herbert Bieber in the sum of $54,655.64 and against Robert Bieber in the sum of $163,966.93. Hein took nothing on the cross-complaint against Lawrence Bieber. The judgment was entered and satisfied.

Other Information

The case involved the application and interpretation of the Independent Wholesale Sales Representative Act (CC Section 1738.10 et seq.) and treble damages for willful violation thereof, for which there is little reported precedent.

Deliberation

1.5 days

Length

seven days


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