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Contracts
Breach of Contract
Book Account, Account Stated

American Express Bank, FSB v. Tina Chin, aka Tina T. Chin, individually and dba Burlingame Auto Cntr

Published: Mar. 19, 2016 | Result Date: Feb. 16, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CGC-11-514126 Bench Decision –  $12,215

Court

San Francisco Superior


Attorneys

Plaintiff

Christina L. Mintz
(Hemar, Rousso & Heald, LLP)

Lina M. Michael
(Michael & Associates PC)

Brian P. McGurk
(Michael & Associates PC)

Lisa D. Dubowski
(Michael and Associates PC)


Defendant

Dennis C. Birkhimer


Facts

American Express Bank sued Tina Chin a/k/a Tina T. Chin individually and d/b/a Burlingame Auto Center for alleged monies owed from a previous settlement.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly applied for credit with plaintiff and refused to pay the sum of $15,815. In 2012, Chin agreed to pay the sum of $16,250 in monthly installment payments as settlement. However, as of October 2015, Chin had only paid $3,600.

Plaintiff asserted causes of action for breach of written contract, common counts, book account, account stated, and quantum meruit-reasonable value.

DEFENDANT'S CONTENTIONS:
Chin denied the allegations and asserted various affirmative defenses.

Result

Judgment was entered in favor of the plaintiff in the amount of $12,215.44, which was the remaining owed from the initial principal of $15,815.

Other Information

FILING DATE: Sept. 12, 2011.


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