Musya Branovan v. Southern California Surgery Center, Inc.
Published: Oct. 22, 1994 | Result Date: Sep. 28, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC078603 – $925,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Richard G. Harris
(Dummit, Buchholz & Trapp)
Experts
Plaintiff
David Covell
(technical)
Raymond G. Schultz
(technical)
Facts
Plaintiff Musya Branovan, M.D., age 50, entered into an exclusive services contract for the provision of anesthesia services to Defendant Southern California Surgery Center, Inc., effective January 1, 1992. The contract was for a five-year term, with a unilateral; option to extend the term for an additional five years. The contract required 90 days written notice of termination; the notice was to specify any grounds of breach or default and give a 90 day period within which to cure. Defendant terminated the contract on November 9, 1992 without just cause or prior written notice.
Settlement Discussions
Plaintiff contends he made a 998 demand of $350,000 and Defendant made no offers.
Damages
Plaintiff contended that his past losses amounted to $121,500 to $198,629 and the present value of his future loss was $809,000 to $1,685,130. Defendant contended that the past loss was at most $10,000 and that the present value of future loss over five years was $18,500 and, over the nine-year term remaining, would not exceed $42,600. Plaintiff introduced his 1992 and 1993 schedule C's from his income tax returns which showed about an $88,500 loss from the first year of the contract to the first year after termination; he also introduced evidence showing his income in the first six months of 1994 continued to show the same rate of loss.
Deliberation
1.5 hours
Poll
12-0
Length
7.5 days
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