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Contracts
Breach of Contract
Sale of Goods

Attorney Recovery Systems Inc., assignee of Interamerican Motor Corp. v. All Foreign & American Auto Supply Inc., et al.

Published: Jan. 22, 2003 | Result Date: Dec. 23, 2002 | Filing Date: Jan. 1, 1900 |

Case number: RCCI062324 Bench Decision –  $16,645

Judge

Peter H. Norell

Court

San Bernardino Superior


Attorneys

Plaintiff

Joseph P. Graziano


Defendant

Stephen Campbell


Facts

From Aug. 9, 2001 to Sep. 25, 2001, the plaintiff's assignor, Interamerican Motor Corporation (IMC) sold goods to the defendant, All Foreign & American Supply, Inc., a California corporation (Foreign). The co-defendant, Michael Scott Border, aka Scott Michael Border, personally guaranteed the debts of Foreign with IMC. The principal balance due on the goods totaled $12,534. On March 28, 2002, IMC assigned the account for collection to the plaintiff (ARS). On April 8, 2002, ARS filed the subject lawsuit against Foreign and Border.

Settlement Discussions

On the date of the trial, the plaintiff submitted a demand of $15,000; there was no firm offer from defendants, but an indication of $8,000 to be payable at $1,000 monthly.

Damages

$12,534

Result

$16,655.90, including $2,806.37 in pre-judgment interest; $660 in attorney's fees and $643.95 in costs.


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