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Contracts
Breach of Contract
Interference with Economic Advantage

David Finkelstein v. Grupo Baja Play, S.A. De C.V. (Grupo), et al.

Published: Feb. 14, 1998 | Result Date: Nov. 18, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 705648 Verdict –  $17,326

Judge

S. Charles Wickersham

Court

San Diego Superior


Attorneys

Plaintiff

Kurt W. Hallock
(Law Office of Kurt W. Hallock)


Facts

In February 1995, plaintiff David Finkelstein and defendant Grupo Baja Play entered into an oral agreement whereby plaintiff and his two salesmen would market defendant's product (particle board) in the United States and Mexico. Plaintiff claimed to produce more than $2 million in sales for defendant in 18 months. After a series of disputes between the parties over the year and a half they worked together, defendant terminated the contract on Aug. 12, 1996. Plaintiff's two salesmen continued to sell defendant's product subsequent to the termination of plaintiff's contract. The plaintiff brought this action against the defendant, alleging intentional interference with prospective economic advantage and breach of contract, among other theories. The defendant filed a cross-complaint which was dismissed on the first day of trial.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $198,000. The defendant made a C.C.P. º998 offer of compromise for $9,000.

Damages

The plaintiff claimed damages of $39,000 for past and future unpaid commissions and commissions on unpaid orders.

Other Information

The verdict was reached approximately one year after the case was filed.

Deliberation

one day

Poll

12-0

Length

three days


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