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Contracts
Construction Contract
Fraud and Misrepresentation

Donald Alhanati v. Kamran Akhavan dba CMS & Company

Published: Oct. 10, 2009 | Result Date: Mar. 23, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 07CC10879 Verdict –  Mixed judgment

Facts

On Sept. 5, 2006, plaintiff Donald Alhanati and Kristine Callina entered into a contract for the remodeling of their house in Lake Forest with defendant Kamran Akhavan dba defendant CMS & Company, a general contractor. Subsequently, plaintiff sued Akhavan alleging breach of contract.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendant made false representations to induce them to enter into a remodeling contract, which defendant subsequently breached. Also, defendant failed to purchase workers' compensation insurance for his employees, as required under Labor Code Section 3700.

Result

The jury found that the defendant did not make false representations and did not breach the contract. However, the court awarded plaintiffs $265,744 for their claims under the Labor Code Section 3700.


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