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CONFIDENTIAL

Mar. 21, 1998

Contracts
Breach of Contract
Sale of Business

Confidential

Settlement –  $0

Mediator

Jeff Kichaven

Court

Ventura Superior


Attorneys

Plaintiff

Steven Staszower

David S. White


Defendant

Heesok Park


Facts

Plaintiffs were owners of a service station business in Ventura. The plaintiffs sold the business to defendant pursuant to a contract and leased him the station property. After non-payment by defendant of gasoline storage fees allegedly due to plaintiffs, they brought this action for declaratory relief. The plaintiffs contended that defendant had not made various payments which the lease required. Per plaintiffs, defendant contended that the lease did not call for the payments which plaintiffs contended were due.

Settlement Discussions

The plaintiffs' opening offer was to repurchase the business and lease for a net payment of $22,000 cash to defendant, and to dismiss the lawsuit and execute mutual general releases. The defendant's opening offer was to sell the business and lease back to plaintiffs for a net payment of $190,000, if plaintiffs would dismiss the lawsuit and execute mutual general releases.

Other Information

The settlement was reached approximately 10 months after the case was filed. MEDIATION: A mediation was held on Feb. 25, 1998, before Jeffrey G. Kichaven resulting in the reported settlement.

Length

four hours (Mediation)


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