Campione v. Portugeis
Published: Oct. 14, 2003 | Result Date: May 2, 2003 | Filing Date: Jan. 1, 1900 |Case number: 401204 Verdict – $105,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Matthew Wertheim
(Matt Wertheim & Associates)
Defendant
John A. Kithas
(Law Offices of John A. Kithas)
Experts
Plaintiff
Thomas P. Reeves
(technical)
Thomas Weir
(technical)
Defendant
Douglas E. Hudson
(technical)
Facts
The plaintiff general contractor performed a home remodel for the defendants in San Francisco on an oral agreement. After paying the plaintiff over $700,000, without further explanation from the contractor, the defendant refused to pay the remaining $108,000. The plaintiff sued for breach of contract and to foreclose a mechanic's lien.
Settlement Discussions
The plaintiff offered the defendant a mutual walk away on the day of trial which was rejected.
Result
The jury awarded $105,000 which the court invalidated finding that under B&P 7159, the contract was voidable and that the plaintiff did not make a compelling case sufficient to avoid application of the statute under Asdourian v. Araj (19850 38 Cal. 3d 276.
Other Information
The plaintiff's motion for reconsideration (C.C.P. 663) was denied.
Deliberation
two hours
Poll
11-1 (liability and damages)
Length
seven days
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