Salvatore Gambino, an individual v. Solomon Fingold, an individual, and dba Sharf Enterprises, and Does 1 through 50, inclusive
Published: Sep. 4, 2010 | Result Date: Aug. 10, 2010 | Filing Date: Jan. 1, 1900 |Case number: BC397358 Bench Decision – Cross-claim: $753,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Geoffrey M. Gold
(Ervin, Cohen & Jessup LLP)
Experts
Plaintiff
Michael D. Rosen CPA
(technical)
Defendant
Jason Engel
(technical)
Facts
Plaintiff Salvatore Gambino, an apartment building manager, sued the apartment's owner, defendant Solomon Fingold, his company, defendant Sharf Enterprises, and 50 other related parties, for Labor Code violations, unfair business practices, breach of contract, and fraud, with regards to the management agreement. Fingold evicted Gambino in July 2008. Fingold cross-complained for breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, conversion, fraud, financial elder abuse, and for an accounting.
Contentions
PLAINTIFF'S CONTENTIONS:
Gambino claimed that defendants agreed to give him a right of first refusal on the purchase of the buildings and pay him a percentage of revenue from the apartments. Gambino also claimed that he was entitled to overtime pay, compensation for work done on the apartment, and damages for fraud and minimum wage law violations.
DEFENDANT'S CONTENTIONS:
Fingold claimed that he did not agree to the disputed management agreement provisions, nor did his behavior amount to fraud of violations of the Labor Code. Fingold contended that Gambino misappropriated rents.
Settlement Discussions
Gambino demanded $200,000, via CCP 998. Fingold offered $10,000, via CCP 998.
Damages
Gambino sought to recover damages for overtime pay, compensation for work done on the apartment, for fraud, and for minimum wage law violations.
Result
The court found for defendant and cross-complainant Fingold, awarding him $753,000.
Length
30 days
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