Rescue Rooter v. Nicole Eggert
Published: Dec. 9, 2003 | Result Date: Jun. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01E07368 Bench Decision – $11,086
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Jerry C. Popovich
(Hawkins, Parnell & Young LLP)
Facts
On Jan. 21, 2001, the plaintiff, Rescue Rooter was called to the home of the defendant, the actress Nicole Eggert, to take emergency action on clogged sewer pipes, which were causing a nasty backup into the defendant's home. It was determined that the clog was in the street where the home's main sewer line met the city's main sewer line. A price of $9,980 was agreed upon, with defendant putting 10 percent down. Immediately, the sewer line was released in the garage to stop the sewer line from backing up into the house. The remainder of the work was started the next day after permits were pulled. During the course of the project, defendant became convinced that the price was too high and that the work was not being done properly. She asked for, and received, a delay in the completion of the work, in the middle of the project. The plaintiff asked for permission to come and complete the job so that it could close the hole in the street; the defendant objected. Eventually, as the permit holder, the plaintiff came out to complete the job and close the hole in the street. The defendant continued to object and called the police. The police consulted with the L.A. Building Department and it was determined that the hole could be closed at the discretion of the plaintiff, as the holder of the permits. The work was completed and defendant refused to pay the balance of $8,892. The plaintiff brought suit on the contract. The defendant cross-complained for negligence and breach of contract.
Settlement Discussions
Prior to filing suit, the plaintiff demanded $8,982 plus $500 in attorney fees. A year prior to trial, the plaintiff made a C.C.P. Section 998 demand of $7,500. After an arbitration award of $21,267, the plaintiff demanded $19,000. The defendant/cross-complainant Eggert demanded an unspecified sum from the plaintiff to resolve the case.
Result
Award for the plaintiff: $8,982 (contract); $2,104 (prejudgment interest); $750 (cost) and $20,135 (attorney fees) for a total of $31,971. Also, Rescue Rooter was awarded an additional $4,279 in attorney fees in its capacity of cross-defendant.
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