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Contracts
Breach of Contract

M Squared Enterprises, Inc. dba Tribloom Inc. v. City of San Jose

Published: Feb. 28, 2020 | Result Date: Dec. 10, 2019 | Filing Date: Oct. 31, 2017 |

Case number: 17CV318441 Settlement –  $275,000

Judge

Peter H. Kirwan

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Craig J. Mariam
(Gordon & Rees LLP)

Mark L. Punzalan
(Chan Punzalan LLP)

Stephen D. Stanwood
(Stanwood Law)


Defendant

Yue-Han Chow
(Office of the San Jose City Attorney)


Facts

Plaintiff M Squared Enterprises, Inc. dba Tribloom, Inc. entered into a contract with the City of San Jose where Tribloom would provide an Electronic Content Management System. The contract contained a provision that allowed the City to terminate for convenience, and the City later terminated the contract, leading to Tribloom filing a lawsuit against the City regarding compensation owed to Tribloom.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged breach of contract by the City.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions asserting they had the right to terminate the contract under section 12.1 of the contract.

Result

The parties agreed to settle for $275,000.


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