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Contracts
Construction Accident
Delay

Sialic Contractors Corporation v. Southern California Gas Company

Published: Mar. 21, 2004 | Result Date: Sep. 7, 2002 |

Case number: BC253760 Bench Decision –  $40,394

Judge

Judith C. Chirlin

Court

L.A. Superior Central


Attorneys

Plaintiff

Milene C. Apanian
(Abdulaziz Grossbart & Rudman)

Bernard S. Kamine


Defendant

Christopher Aguon

James Dorich

Daniel G. Clement


Facts

Sialic Contractors Corporation, dba Shawnan, an engineering contractor, contracted with the city of West Hollywood to rehabilitate a three-mile stretch of Santa Monica Boulevard by removing existing sidewalks, curb, gutter, pavement and islands. These portions would be replaced with new hardscape, landscape, and street lighting. Southern California Gas Co. had provided the city with misinformation about the location of some underground pipelines. As a result, two pipelines were hit during construction. Sialic's crew was forced to stand by while Southern California Gas stopped the leak and repaired the lines. Sialic sued Southern California Gas for negligently performing its duty to mark its lines.

Settlement Discussions

Sialic demanded $28,995 C.C.P. Section 998. Southern California Gas offered $8,242 C.C.P. Section 998.

Damages

Sialic claimed $40,394 in crew and equipment standby costs; indemnity for damage to nearby car and rocks blown from one of the gas lines that was hit. Southern California Gas claimed $40,980 for costs to repair gas lines and value of lost gas.

Result

$40,394


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