Confidential
Settlement – $65,800Judge
Court
Kings Superior
Attorneys
Plaintiff
Defendant
Stephen T. Knudsen
(Jacobson, Hansen & McQuillan)
Experts
Plaintiff
Susan O'Leary
(technical)
Dan Whitehead
(technical)
Adam Orandi
(technical)
Hugh Riedle
(technical)
Rick Meredith
(technical)
Jim Zion
(technical)
Odes Thompson
(technical)
Rod Gallegos
(technical)
Conrad Dacanay
(technical)
Robert J. Keenan
(Office of the U.S. Attorney)
(technical)
Chuck Nichols
(technical)
Gene Fillemore
(technical)
Facts
In September 1996, the plaintiff and defendant entered into a contract pursuant to which the plaintiff was to sell the defendant 420,000 pounds of raw split pistachios. The defendant was to pay $1.35, per pound, for the pistachio nuts. The plaintiff brought this action against the defendant based on price due under the contract, goods sold and delivered at agreed price, and open book account theories of recovery. The plaintiff was unable to deliver all pistachios, and the defendant filed a cross-complaint for the plaintiff's failure to deliver all nuts contracted for.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $____________. The defendant made a C.C.P. º998 offer of compromise for $______________.
Damages
The plaintiff claimed damages of $103,068 plus interest. The cross-complainant claimed $100,000 in damages.
Other Information
The settlement was reached approximately one year after the case was filed.
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