Facts

In November and December 2005, Bibi and Fazar Link Mohammed contracted with Marlon Barillas for part of the construction of a home at 406 N. Fairview Street in Burbank. In exchange for $400,000, Barillas would provide labor and materials, including lumber, concrete, and other foundation materials. Their professional relationship ended before the project was completed and the Mohammeds hired Raul Castilla to complete the work for $430,000. Barillas sued the Mohammeds for foreclosure of his mechanic's lien, breach of contract, conversion, defamation, and battery.

The Mohammeds filed a counterclaim. Castilla also sued the Mohammeds claiming they owed him money.

According to defense counsel: Barillas' conversion, defamation, and battery claims were dropped by the time of trial.

PLAINTIFFS' CONTENTIONS:
Barillas alleged that neither the Mohammeds nor the project lender, Federal Home Loans Corp., paid the amount due, which was $80,738. Barillas claimed that he was prohibited from returning to the job site to collect his concrete forms.

Castilla claimed he completed his work and was due $100,000 of which $70,000 was paid. He sued for $32,000 plus interest.

DEFENDANT'S CONTENTIONS:
The Mohammeds claimed that Barillas did not obtain the appropriate permits to perform the work as contracted. The pool work, for example, was performed without a permit, was substandard, and without the proper licenses.

The Mohammeds also argued that Castilla did not perform the work himself, but hired a subcontractor that was unlicensed

Damages

Barillas sought $80,738. The Mohammeds sought recovery of $3,443, for alleged unauthorized credit card charges. According to plaintiff's counsel: Castilla sought $32,000 and cross-complainant sought over $100,000.

Result

The court found in favor of Barillas and Castilla, ordering the Mohammeds to pay Barillas $71,602, plus $1,301 in costs, and Castilla $32,000, plus $1,742 in costs.

Other Information

The case is currently on appeal. FILING DATE: May 18, 2006.