Facts

On Aug. 11, 2008, plaintiff Marina Moskovenko and defendant Finton International Construction Consultants LLC entered into a consulting agreement relating to the construction of a 65,000-square foot residence in Russia. Defendant agreed to advise plaintiff in acquiring materials for the planned construction. Defendant Finton recommended defendant Fenestra America LLC as a high-end window supplier, and defendant Arriaga USA Inc. for procurement of french dimensional stone.

Plaintiff filed suit against the defendants and also John Finton, Roy S. Zeluck, prinicipal of Fenestra and Rubin Shalom, principal of Arriaga. Fenestra filed a cross-complaint.

Prior to trial, plaintiff settled claims against Finton International Construction Consultants, LLC, Finton Construction, Inc. and John Finton. Plaintiff's claims against defendants Roy Zeluck and Zeluck Inc. were dismissed after a motion for non-suit under CCP 581c following plaintiff's case in chief.

The case continued as to the Fenestra defendants.

PLAINTIFF'S CONTENTIONS:
Plaintiff purchased approximately $4 million worth in windows and doors from defendant Fenestra for her planned $80 million mansion being built in Barvikha, Russia. Plaintiff claimed she ordered triple glazed windows and doors, but received non-conforming dual glazed windows and doors.

Plaintiff contended that defendant breached the contract by providing non-conforming windows and doors and further contended that defendant misrepresented the thermal insulation value of the glazing in the windows and doors. Plaintiff brought causes of action for breach of contract, fraud, and negligent misrepresentation.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff agreed to accept dual glazed windows and doors, and that the glazing in windows and doors met the thermal insulation value.

As to the cross-complaint, Fenestra claimed plaintiff only paid approximately $3 million and then refused to pay the balance claiming she ordered triple glazed windows and doors, but received non-conforming dual glazed windows and doors. Cross-complainant asserted a claim of breach of contract.

Settlement Discussions

Plaintiff demanded $12 million. Defendants offered $100,000.

Result

The jury rendered a verdict for plaintiff on her claims of intentional and negligent interference. However, the jury rendered a verdict in favor of Fenestra as to plaintiff's remaining claims, and awarded Fenestra $1,325,190 on his cross-complaint.

Other Information

FILING DATE: March 15, 2013.

Deliberation

one day

Length

15 days