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Contracts
Breach of Contract
Conversion

Rogoz Construction Inc. v. Danzas AEI Ocean Services, Arcie Saldana

Published: Apr. 6, 2004 | Result Date: Oct. 3, 2003 | Filing Date: Jan. 1, 1900 |

Case number: NC033039 Verdict –  $90,000

Judge

James L. Wright

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Mark E. Woodsmall

Martin Petrovich


Defendant

Eli M. Kantor
(Eli M Kantor Law Offices)


Facts

The plaintiff entered into a written agreement with the defendant Danzas to transport the plaintiff's delivery truck from Arizona to Belgium. The defendant's office in Long Beach handled the shipment formalities. The plaintiff argued that the defendant shipper would not release the truck upon its arrival.

Settlement Discussions

The plaintiff demanded release of the vehicle for the contract price (per the plaintiff's counsel); release of the vehicle for the contract price and compensation for loss of use (per defense counsel).

Damages

The plaintiff claimed damages for the loss of the value of the truck, loss of use, lost business opportunities, attorney fees and costs.

Result

The jury found against the defendant Danzas AEI on the breach of contract cause of action only and awarded it $90,000. The defendant Saldana received a defense verdict on all causes.

Other Information

The defendant Danzas AEI's motion for a new trial was denied.

Deliberation

three hours

Poll

various

Length

five days


#87441

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