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CONFIDENTIAL

Apr. 18, 1998

Contracts
Breach of Contract
Rescission

Confidential

Settlement –  $81,500

Court

Solano Superior


Attorneys

Plaintiff

Bruce W. Blakely


Defendant

Charles L. Post
(Weintraub, Tobin, Chediak, Coleman & Grodin Law Corp.)

Steven U. Ross


Facts

In August and October 1996, defendant/cross-complainant electrical subcontractor entered into two written contracts with the plaintiff, a general contractor, to provide services to the plaintiff in connection with the conversion of ATM machines from First Interstate Bank to Wells Fargo Bank in Oregon and Texas. Defendant performed the work and sought payment under the terms of the written contracts. Although the plaintiff paid the defendant for the work, it did not pay the defendant the amounts called for under the written contracts. Instead, the plaintiff claimed the written contracts were phony, and brought this action to cancel the contracts. The defendant filed a cross-complaint for breach of contract to recover the contract amounts.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $___________ . The defendant/cross-complainant made a C.C.P. º998 offer of compromise for $_________ .

Damages

The defendant/cross-complainant claimed $_________ .

Other Information

The settlement was reached approximately seven months after the case was filed.


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