Mailman v. Maynerick
Published: Jul. 10, 1999 | Result Date: May 7, 1999 | Filing Date: Jan. 1, 1900 |Case number: NC022747 Verdict – $63,371
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Bruce A. Dybens
(Bruce A. Dybens APLC)
Defendant
Facts
In 1997, the plaintiffs sold a Martial Arts Studio to the defendant and carried back a note for $53,100. The defendant never made a payment and did not pay a Yellow Pages bill. The defendant cross-complained for breach of contract and concealment for failure to disclose. The plaintiffs brought this action against the defendant based on breach of contract, common counts and negligent misrepresentation.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $30,000 in May 1999. The defendant made a C.C.P. º998 offer of compromise for $10,000.
Damages
$53,100 (note); $2,306 (Yellow Pages) and $7,966 (attorney fees per the contract which were to be added to the note [15 percent])
Other Information
The verdict was reached approximately one year and four months after the case was filed. An arbitration was held on Nov. 18, 1998, before Judge Robert Einstein, resulting in no settlement.
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