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.

Contracts
Breach of Warranty
Fraud

James Perham, Nicole Perham v. Shailendra Singhal, individually, and doing business as Commander Boats, Commander Boats

Published: Apr. 11, 2009 | Result Date: Aug. 8, 2008 | Filing Date: Jan. 1, 1900 |

Case number: RIC407691 Verdict –  Defense

Court

Riverside Superior


Attorneys

Plaintiff

Donald W. Hitzeman


Defendant

Ross H. Bergman


Experts

Plaintiff

Ronald Grant
(technical)

Facts

On Feb. 12, 2002, plaintiffs James and Nichole Perham contracted with Commander Boats to purchase a boat and trailer for $96,290. The plaintiffs filed suit against Commander Boats and its owner, Shailendra Singhal, alleging breach of contract and breach of warranty.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the boat possessed significant defects that were not fixed upon purchase. They claimed that the trailer did not properly fit the boat and also suffered from defects that were not fixed. Plaintiffs argued that this constituted breach of express warranty.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiffs' allegations, filing a cross-complaint for breach of contract and fraud. Specifically, defendants claimed that plaintiffs agreed to pay an extra $14,860, which they did failed to do.

Injuries

The plaintiffs sought $96,289.94 in compensatory damages, including interest paid on their loan and expenses incurred to fix their boat.

Result

Defense verdict as to plaintiffs lawsuit. Verdict in favor of the Perhams as to the cross-complaint.

Deliberation

four hours

Poll

12-0

Length

nine days


#81992

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

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