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Contracts
Breach of Contract
Diamond Sale

Indiamond Inc., Rajendra Mehta v. Kourosh Rahimian, et al.

Published: Mar. 28, 2009 | Result Date: Mar. 6, 2009 | Filing Date: Jan. 1, 1900 |

Case number: BC347548 Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Timothy Krantz


Defendant

Oscar Ramirez

Allen B. Felahy
(Felahy Employment Lawyers)


Experts

Plaintiff

Howard C. Rile Jr.
(technical)

Defendant

Robert V. Equals
(technical)

Facts

This case involved a dispute over a May 12, 2005, diamond sale. While plaintiffs and defendant did not dispute that a diamond transaction occurred on May 12, 2005, and that basic terms of the sale were memorialized on a business card, essentially every other term of that agreement was in dispute.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff Indiamond Inc. alleged that the parties entered into a contract for the sale of 187.57 carats of diamonds, at the agreed upon price of $99,000; and that after Rahimian and his company received the diamonds, they tendered only $9,900. As a result, an additional $89,100 was still owed to plaintiffs.

Plaintiff Indiamond Inc. and its president, plaintiff Rajendra Mehta, alleged that the foregoing was memorialized on a business card that was retained by Mehta. Mehta also alleged that after this transaction took place, defendant Rahimian slandered him by calling him a crook.

DEFENDANT'S CONTENTIONS:
Defendant Kourosh Rahimian alleged that on May 12, 2005, Elegant Creations Inc., through its sales manager, plaintiff Rajendra Mehta, sold Jewelry Collection Inc. one 2.05 Carat SI 2 Diamond at an agreed-upon price of $9,900; and that in exchange for this diamond, Elegant Creations Inc. was paid $8,900 in cash, leaving a remaining balance of $1,000.

Defendant Rahimian alleged that the basic terms of the sale were memorialized in handwriting on the backside of a business card that was retained by Mehta. However, Rahimian alleged that some time after the transaction was completed, the numbers recorded on the business card were altered. Specifically, a zero was added to the $9,900.00 figure thereby converting it into a number that has two commas and which reads $9,9,000.00.

Defendant Rahimian further alleged that at no point in time did he publicize false statements concerning plaintiff Mehta.

Settlement Discussions

The plaintiffs offered to settle their claims for $65,000. The defendant tendered a C.C.P. section 998 offer in the amount of $1,500 to plaintiffs.

Result

Defense verdict on all claims.

Other Information

The defendant will file a memorandum of costs. FILING DATE: Feb. 15, 2006.

Deliberation

one hour

Length

four days


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