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Contracts
Breach of Contract
Fraud

Duane Lundblad v. The Doctors Company

Published: Jul. 20, 2002 | Result Date: Mar. 19, 2002 | Filing Date: Jan. 1, 1900 |

Case number: C004477 Verdict –  $0

Judge

Claudia Wilken

Court

USDC Northern


Attorneys

Plaintiff

Jesse S. Ortiz III
(Ortiz Law Group PC)


Defendant

Ralph A. Zappala
(Busby & Zappala LLP)


Facts

The plaintiff, a mainframe systems programmer, alleged that in or about July 1999, he entered into an oral
contract with his former employer, The Doctors Co., through the head of its information systems.
The oral contract allegedly promised that if the plaintiff remained with the firm through the final phase of a
conversion from a mainframe computer system to a client server system, he would receive a severance package
consisting of approximately $40,000.
The plaintiff claimed that the project was completed in May 2000 but that the defendant did not give him the
severance package as was promised.

Settlement Discussions

The plaintiff submitted a demand for $50,000; the defendant offered dismissal in exchange for a waiver of costs.

Damages

The plaintiff claimed about $40,000, representing half his yearly salary; the defendant claimed $21,000 in sick- leave payments.

Other Information

The jury returned a defense verdict on the complaint as well as the counter-claim. Prior to trial, the defendant was granted summary judgment on the plaintiff's claim for breach of the covenant of good faith and fair dealing.

Deliberation

one hour

Length

two days


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