This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Failure to Pay

Attorney Recovery Systems Inc., assignee of PC/MacPerformance v. Rene M. Duenas, individually and dba RealtyVision.com Inc.

Published: May 4, 2004 | Result Date: Feb. 2, 2004 | Filing Date: Jan. 1, 1900 |

Case number: CV809956 –  $35,336

Judge

Mary Jo Levinger

Court

Santa Clara Superior


Attorneys

Plaintiff

Kurt A. Miller

Joseph P. Graziano


Defendant

Edward D. Clements


Facts

From April 2001 to August 2001, the plaintiff's assignor rendered services to the defendant in connection with the defendant's website. After credits for payments, the defendants still owed the plaintiff assignor the sum of $26,975 which the defendant refused to pay. Thereafter, the plaintiff's assignor assigned the claim against the defendant to the plaintiff, a collection agency. The plaintiff then brought suit against the defendant alleging common count theories of liability.

Settlement Discussions

The plaintiff demanded $20,000 in a lump sum. The defendant offered $20,000 payable at $1,000 per month.

Damages

$26,975 for unpaid invoices for services rendered.

Result

$35,335 including $6,570 on prejudgment interest; $660 in attorneys fees and $1,130 in costs.


#87550

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390