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Real Property
Breach of Contract
Quantum Meruit

Choice Group, Inc. v. Encino Terrace Homeowners Association

Published: Aug. 21, 1999 | Result Date: Mar. 30, 1999 | Filing Date: Jan. 1, 1900 |

Case number: LC040930 Verdict –  $0

Judge

Leon S. Kaplan

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Alan S. Rosenfield


Defendant

Kelly G. Richardson
(Richardson Harman Ober PC)


Experts

Defendant

Jerry P. Acker
(technical)

Facts

In 1995, the plaintiff, Choice Group Inc., a general contractor, bid on earthquake repairs for the defendant Encino Terrance HOA. The contractor's bid was originally accepted by the HOA Board, but no written contract was signed. The contractor was allowed to post its sign on the HOA grounds. Subsequently, the HOA conducted another round of bidding, and contracted with another contractor for the repairs. The plaintiff never performed any work on the property. The plaintiff brought this action against the defendant based on breach of contract.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $33,500. The defendant made an offer of $15,000 and a C.C.P. º998 offer for $5,000.

Damages

The plaintiff claimed lost profits in the amount of $43,000 and sought additional quantum meruit relief in the amount of $33,600.

Other Information

The verdict was reached approximately two years after the case was filed. The defendant was awarded $9,500 in costs including C.C.P. º998 expert costs.

Deliberation

five hours

Poll

12-0

Length

six days


#86804

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