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Breach of Contract
Substantial Performance
Declaratory Relief

Lauderdale Association Inc. v. California Department of Health Services, et al.

Published: Oct. 18, 1997 | Result Date: Sep. 10, 1997 | Filing Date: Jan. 1, 1900 |

Case number: C9601097 –  $112,403

Judge

Maria P. Rivera

Court

Contra Costa Superior


Attorneys

Plaintiff

Scott J. Harman

Scott J. Kiepen
(Hooper, Lundy & Bookman PC)


Defendant

Ralph Johnson


Experts

Plaintiff

Joann Westin
(technical)

Doug Troyer
(technical)

Defendant

Mary L. Lubin
(technical)

Facts

Plaintiff, Lauderdale Associates Inc., claimed that the defendant, California Department of Health Services, breached a provider agreement with the plaintiff by failing to reimburse for money owed. The plaintiff alleged that the defendant's failure to reimburse constituted forfeiture. The defendant claimed there was no contract and the plaintiff was guilty of gross negligence and therefore not entitled to relief from forfeiture. The plaintiff brought this action against the defendant based on breach of contract, substantial performance, relief from forfeiture, declaratory relief.

Settlement Discussions

The plaintiff made a settlement demand for $66,000. The defendant did not make a settlement offer.

Damages

The plaintiff claimed $112,403.51 in damages.

Other Information

The verdict was reached approximately ______ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on _____/____/19__ before _____________ (name) of ___________ (affiliation or court) resulting in _______________. EXPERT TESTIMONY: (If interesting) ANY COMMENTS ON THE JUDGE/ARBITRATOR/MEDIATOR??

Length

four days


#79715

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