This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Fraud

Beatriz Andrade v. Mary Wright

Published: Mar. 15, 2008 | Result Date: Oct. 5, 2007 | Filing Date: Jan. 1, 1900 |

Case number: KC049152 Bench Decision –  Defense

Court

L.A. Superior Pomona


Attorneys

Petitioner

John Credell


Defendant

Michael D. Payne


Facts

Plaintiff Beatriz Andrade, 45, a elderly and disabled adult care provider, claimed that defendants Mary and John Wright, retired employees of the Miller Brewing Company, promised to pay her $500/week to care for Mary Wright's elderly aunt. At one point, the parties had a familial-like relationship.

Plaintiff claimed that defendants failed to pay her for eight months of her service. Defendants denied the allegations, maintaining that they never intended to pay plaintiff for her services after defendant Mary Wright terminated their employment agreement due to dwindling funds. Defendants claimed that Mary Wright advised plaintiff that she could no longer afford to pay her, but that plaintiff was free to stay at defendants' residence free of charge.

Settlement Discussions

Plaintiff demanded $15,000 on the morning of trial. There was no offer.

Damages

$20,000 for past lost wages and punitive damages.

Result

Bench decision for defense. Defendant was awarded costs.

Length

one day


#123848

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390