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Business Law
Breach of Contract

ASI Marine & Industrial, Inc. v. Parker Hannifin Corporation

Published: Dec. 21, 1996 | Result Date: Nov. 25, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 689682 –  $7,600,000

Judge

Judith D. McConnell

Court

San Diego Superior


Attorneys

Plaintiff

Michael L. Kirby
(Kirby & Kirby LLP)

Dick A. Semerdjian
(Schwartz, Semerdjian, Cauley & Moot LLP)


Defendant

Andrea Hackett

Thomas H. Sloan Jr.


Facts

From 1959 until 1994, plaintiff ASI Marine & Industrial, Inc., a San Diego based company founded and owned by George and Mercill Jach, was a distributor/franchisee of defendant Parker Hannifin Corporation's full-line of fluid connectors. In April 1994, ASI Marine was terminated as a Parker Hannifin full-line fluid connector distributor/franchisee, ending a franchise relationship of over 20 years. ASI Marine brought this action against Parker Hannifin under the California franchise laws and asserted common law claims for breach of contract, breach of the covenant of good faith and intentional interference with prospective economic advantage.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $500,000. The defendant made a settlement offer of $100,000 (conditional on the return of all inventory).

Damages

The plaintiff claimed $2.5 million in damages.

Other Information

The verdict was reached approximately one years and two months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held in July 1996 before Judge McCue, retired. It did not resolve the matter. According to counsel for ASI Marine, some of the jurors felt the award of both compensatory and punitive damages should have been higher.

Deliberation

2 days

Poll

10-2

Length

12 days


#79083

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