Confidential
Settlement – $65,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Facts
The plaintiff elevator company entered into a contract with defendant university to perform maintenance services on defendant's medical center elevators. According to defendant, the pre-printed contract contained a five-year term but defendant's representative crossed it out and inserted a one-year term. Approximately one year later, the parties began negotiations to extend the contract. An agreement could not be reached. The parties then agreed to re-open negotiations, and plaintiff continued to provide maintenance service to defendant during this time. Ultimately, defendant awarded the elevator maintenance agreement to its in-house maintenance department. According to defendant, it tendered $40,000 for services provided beyond the one-year time period and included a full accord and satisfaction statement in the purchase order. The plaintiff did not accept the full accord and satisfaction condition and brought this action against defendant based on a breach of contract theory of recovery.
Settlement Discussions
Settlement discussions were not disclosed.
Damages
The plaintiff claimed $260,000 in damages.
Other Information
A mediation was held on Aug. 18, 1997, before Jeffrey G. Kichaven, Esq., of ADR International Inc. resulting in the reported settlement.
Length
nine hours
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