This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Fraud
Education Code Claims, Breach of Contract

Rebecca Spielman, et al. v. Ex'pression Center for New Media, et al.

Published: Apr. 4, 2009 | Result Date: Apr. 11, 2008 | Filing Date: Jan. 1, 1900 |

Case number: RG04174927 Verdict –  $356,312 for defendant/cross-complainant

Facts

Plaintiffs, 12 former students of defendant Ex'pression Center for New Media, brought claims against Ex'pression and two of its former officers, Gary Platt and Peter Laanen. Plaintiffs filed claims for breach of contract, fraud, violation of specific sections of the Education Code, unfair competition and violations of the Consumer Legal Remedies Act (CLRA).

Ex'pression filed cross-claims for breach of contract against certain plaintiffs arising out of such plaintiffs' failure to repay their tuition loans.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Ex'pression had misrepresented the type of license or accreditation status the school had, the education plaintiffs would receive, the type of degree plaintiffs would get, the financial aid available to plaintiffs, the facilities at the school, and the plaintiffs' post-graduation ability to find employment. Plaintiffs claimed that the school's acts violated specific Education Code sections, breached plaintiffs' contracts with the school, constituted fraud and unfair competition, and violated the CLRA.

DEFENDANT'S CONTENTIONS:
Ex'pression contended that plaintiffs received a quality education, and received the degrees that they earned and were entitled to. Ex'pression was at all relevant times authorized and licensed to offer and issue the degrees that plaintiffs received. Ex'pression did not misrepresent anything to the plaintiffs and did not breach any contract with plaintiffs or commit any other acts giving rise to unfair competition or breach of the CLRA. It was established at trial that plaintiffs all either obtained valuable employment in fields of their choosing or chose not to pursue such employment at all.

Ex'pression cross-claimed against certain plaintiffs for their outstanding tuition due to Ex'pression. Ex'pression prevailed on every claim against it and recovered every penny sought on its cross-claims.

Result

Ex'pression recovered the entirety of its damages sought on its cross-claims for $356,312. Ex'pression also recovered $229,213 in attorneys' fees, and $108,213 in costs.

Other Information

FILING DATE: Sept. 13, 2004.

Deliberation

five days

Length

two months


#81977

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390