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Contracts
Breach of Contract
Quantum Meruit

Armand M. Melikian v. John Bassir, aka Nozhan Bassir, Gems Trade of America, Inc., JB Holdings, LLC

Published: Sep. 4, 2010 | Result Date: Aug. 10, 2010 | Filing Date: Jan. 1, 1900 |

Case number: BC396174 Bench Decision –  $148,351

Court

L.A. Superior Central


Attorneys

Plaintiff

Malcolm S. McNeil
(ArentFox Schiff LLP)


Defendant

Michael P. Kade


Experts

Plaintiff

Gail Maron
(technical)

Susan Blasik-Miller
(technical)

Facts

Plaintiff Armand Melikian sued defendants in connection with the development of a company, which was to trade gems on a business-to-business and business-to-consumer basis. Defendant John Bassir is a prominent downtown jeweler. Near the end of the first year, defendant wished to renegotiate the contract and plaintiff refused.

Plaintiff sued for breach of contract, quantum meruit, and alter ego.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the individual was the alter ego of an existing corporation and a new corporation, which was formed.

DEFENDANT'S CONTENTIONS:
Defendants contended there was an accord and satisfaction regarding monies owed under the contract and that the contract was mutually canceled.

Settlement Discussions

According to the defense, the initial demand was in excess of $400,000.

Result

The court entered judgment in favor of plaintiff based on the written contract between the parties, awarding him $112,000 plus interest and costs, for a total judgment of $148,351.

Other Information

According to the defense, the court ruled that plaintiff was not entitled to quantum meruit recovery because the evidence presented was vague and unclear.


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