Facts

Oren Hamo filed suit against Yizthak Aboukrat, Ellen Aboukrat and E Z Deals in relation to an altercation that occurred on March 23, 2017.

PLAINTIFF'S CONTENTIONS: Hamo contended that defendants entered his place of business and broke his nose. Under the terms of Hamo's previous settlement agreement with defendants, defendants were to make 26 payments of $1,000 to Hamo, for a total payment of $26,000.

DEFENDANTS' CONTENTIONS: Defendants contended that the agreement only required $26,000, and the additional $6,000 was an unreasonable penalty under the liquidated damages clause.

Damages

Hamo sought $32,000 plus $4,336.65 for attorney fees and costs.

Result

The court found the settlement agreement was valid and enforceable. However, the court did not find that the additional $6,000 was a reasonable late fee because it was a penalty. Lastly, the court found that Hamo was entitled to attorney fees because the parties provided for attorney fees of the prevailing party in the contract.