Miller-Scott Design Group v. Benji-26 Electronics
Published: Feb. 2, 2002 | Result Date: Sep. 13, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC230647 Verdict – $131,106
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Dennis P. Riley
(Mesisca, Riley & Kreitenberg LLP)
Defendant
Philip M. Aidikoff
(Aidikoff, Uhl & Bakhtiari)
Experts
Plaintiff
Gary Huerta
(technical)
Facts
The suit revolves around a contract between the parties whereby the defendants contracted with the plaintiffs,
graphic designers, to design packaging and other promotional materials for stereo component equipment,
distributed under the license name of Emerson.
The plaintiff contended that it had done all the work requested of them and had submitted invoices totaling
approximately $20,000. The defendants had paid a deposit of $1,000 and had refused to pay the balance due
and owing while utilizing the design and packaging created by the plaintiff.
The plaintiff alleged that the defendants had breached the contract and fraudulently induced the plaintiff into
entering into the contract and had converted the plaintiffÆs art work and design.
The defendant contended that they did not authorize work in excess of the estimate of
$4,000 and thus were not legally required to pay the amount billed by the plaintiff for the work.
Settlement Discussions
The plaintiff demanded $20,000; the defendants offered $18,000. The plaintiff countered at $19,000. The defendants countered at $12,000. Before closing arguments, the defendants offered $25,000. The plaintiffs demanded $35,000. For a waiver of an appeal, the plaintiff accepted $115,000.
Other Information
A motion for attorney's fees of $51,496 was granted.
Deliberation
one day
Length
six days
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