Warner Palms, Ltd. v. Winegardner & Hammons, Inc.
Published: Jan. 1, 1999 | Result Date: Sep. 25, 1998 | Filing Date: Jan. 1, 1900 |Case number: 72Y48814098 Arbitration – $61,200
Arbitrator
Attorneys
Plaintiff
Defendant
Timothy R. Pestotnik
(Pestotnik LLP)
Experts
Plaintiff
Wayne W. Williams
(technical)
Defendant
Mark Lynn
(technical)
Steve Rushmore
(technical)
Facts
Defendant Winegardner & Hammons Inc. managed the plaintiff's hotel between 1991 and 1996 in Canoga Park. The plaintiff experienced a loss in profits and sued defendant for alleged mismanagement. The plaintiff brought this action against the defendant based on breach of contract, fraud and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $1.5 million. The defendant made an offer of $350,000.
Damages
The plaintiff claimed $5 to 6 million in damages. The defendant contended that plaintiff's maximum loss could not exceed $61,200.
Other Information
The award was reached approximately one year after the case was filed. Per claimant, the arbitrator found that respondent had breached the management agreement between the parties by failing to maintain proper sales efforts, but found that the damages were limited by changes in the market place.
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