Dan Miller Inc. v. Giftime Inc.
Published: Feb. 4, 2006 | Result Date: Oct. 18, 2005 | Filing Date: Jan. 1, 1900 |Case number: 04CC08572 Bench Decision – $724,610
Judge
Court
Orange Superior
Attorneys
Plaintiff
Eric P. Francisconi
(FitzGerald, Yap & Kreditor LLP)
Defendant
Facts
Plaintiff Miller Contracting Company was hired by defendant Club Vegas (Giftime). The plaintiff was to perform
tenant improvements for an upscale night club at a complex owned by the defendant, Kennedy Wilson
International (KWI). The defendant Club Vegas failed to pay. The plaintiff sought to foreclose on its
mechanic's lien against the defendant KWI's fee interest in the property and the defendant Club Vegas'
leasehold interest. The plaintiff also sought contract damages and pay penalties against defendant Club Vegas.
Defendant KWI defended the mechanics lien claim on technical grounds. This included the defense that the
plaintiff did not timely record its mechanic's lien. Defendant KWI claimed to have given an effective notice of
non-responsibility.
Damages
The claimed damages against defendant Club Vegas were a principal amount of $256,750, prompt pay penalties of $87,295 and attorney fees totaling $113,113. The claimed damages against defendant KWI were a principal amount of $265,311 and costs totaling $9,569.
Result
The judgment was for $724,610. $265,311 went to the mechanics lien. $459,299 went to the contract claim.
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