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Breach of Contract
Construction
Wrongful Termination

Sultana Development v. West End Communications Authority; Omnicom, Inc.; and Kenyon Crabtree, et al.

Published: May 13, 1995 | Result Date: Feb. 17, 1995 | Filing Date: Jan. 1, 1900 |

Case number: RCV64416 –  $50,822

Judge

Sam Cianchetti

Court

San Bernardino Superior


Attorneys

Plaintiff

Keith E. McCullough


Defendant

Robert F. Schauer
(Law Offices of Robert F. Schauer)

Michael J. Lancaster


Experts

Plaintiff

Robert Knudsen
(technical)

William Gabel
(technical)

Defendant

Darrell Knudson
(technical)

Peter Formuzis Ph.D.
(technical)

Facts

On November 6, 1991, Plaintiff Sultana Development signed a public construction contract with Defendant West End Communications Authority. Defendant Omnicom, Inc. had designed the plans supporting the contract and managed the project through Defendant Crabtree. On January 23, 1992, Defendant WECA terminated the contract and dismissed Plaintiff from the job site.

Settlement Discussions

Plaintiff contends it made a 998 demand in the amount of $40,000 in December of 1992; and Defendants jointly offered $25,000 in August of 1993 increased to a 998 offer of $40,000 in July of 1994; rejected by Plaintiff. Defendant Omnicom contends it offered $15,000 to Plaintiff before trial; Plaintiff rejected and Omnicom offered to pay judgment after trial; Plaintiff also rejected this.

Damages

$40,000 to $50,000 contract damages and $600,000 future business damages.

Other Information

This case was filed on November 2, 1992; two years, three months, and fifteen days prior to this result. Judgment was entered in favor of Defendant Crabtree after motion for nonsuit.

Deliberation

2 days

Poll

12-0

Length

11 days


#78469

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