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CONFIDENTIAL

Jun. 4, 1998

Contracts
Breach of Contract
Partnership

Confidential

Settlement –  $100,000

Judge

H. Warren Siegel

Court

Orange Superior


Attorneys

Plaintiff

John P. Bisnar


Defendant

Paul W. Steinmetz

Rudolfo Ginez Jr.


Facts

Plaintiff and defendant formed partnership in 1988. In 1995, one partner purchased other partner's interest with payment terms and an agreed mechanism for collection of the purchase price from certain assigned accounts receivable of the ongoing business. In May 1997, the defendant remaining partner, due to financial condition of the business, interrupted the flow of funds paying the plaintiff departed partner, refused access to business accounts receivable which would pay plaintiff and refused to continue payments. The plaintiff brought this action against the defendant based on a breach of contract theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $____________. The defendant made a C.C.P. º998 offer of compromise for $_____________ .

Damages

The plaintiff claimed $84,739.61 in damages.

Other Information

The settlement was reached approximately eight months after the case was filed. The settlement occurred on the first day of trial.


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