Semco Laser Technology Inc. v. Jose Yow & Associates, Jose Yow and Graeber, Simmons & Cowan Inc.
Published: Dec. 24, 2002 | Result Date: Aug. 22, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC252998 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Steven J. Cote
(Chang & Cote LLP)
Defendant
Randall A. Miller
(Miller Law Associates APC)
Experts
Plaintiff
Robert Ekholm
(technical)
Lance Paris
(technical)
Defendant
Alfred E. Smith
(technical)
Douglas White
(technical)
Jeff Tarter
(technical)
William R. Acorn
(technical)
Facts
The defendant design firm, Jose Yow & Associates, was retained to provide construction drawings for the plaintiff's semi-conductor research and development complex in the City of Industry. The drawings were rejected by the Los Angeles County Fire Department and the plaintiff retained a new design firm to upgrade and redesign the facility. The plaintiff sued the architects and designers for breach of contract and negligence and claimed damages for demolition and new construction costs of about $1 million and lost profits from sales of semi-conductor chips in excess of $5 million. The defendants claimed that the drawings were prepared based upon the plaintiff's specific instructions and requests. The defendants asserted that all specific instructions and requests were made on the plaintiff's behalf and were to the effect that the occupancy classification that was requested was consistent with the plaintiff's intended use of the facility with respect to the quantity and quality of chemicals allowed under the occupancy classification requested.
Settlement Discussions
The plaintiff submitted a demand of $900,000; the defendant offered $25,000.
Other Information
After the plaintiff rested its case, the judge granted a motion for judgment in favor of the architect defendant, based upon the plaintiff's failure to proffer evidence to establish the architect's standard of care or breach thereof, and the plaintiff's failure to establish a breach of contract.
Length
seven days
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