BCM Advanced Research v. Fry's Electronics Inc.
Published: Feb. 16, 2002 | Result Date: Aug. 21, 2001 | Filing Date: Jan. 1, 1900 |Case number: 00CC05690 Verdict – $159,854
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff BCM, a manufacturer of computers, delivered 245 computers to defendant FryÆs, a computer retailer. A
dispute ensued regarding payment. The plaintiff then filed suit. The plaintiff contended that defendants were
liable for the computers sold and delivered, conversion and breach of a settlement agreement.
The defendants contended it only owed the plaintiff $11,000 for the computers due to contractual offsets
against another manufacturer which had assigned the original orders for the computers to the plaintiff. The
defendant denied entering into any settlement agreement.
Settlement Discussions
At the mandatory settlement conference, the defendant offered $25,000. The plaintiff did not accept and the defendant made a C.C.P. 998 offer of $27,000. That was withdrawn after four days and defendant served another C.C.P. 998 offer for $14,000. According to the plaintiff, at trial, the plaintiff indicated a willingness to settle for as little as $50,000.
Damages
According to the plaintiff: $150,706, plus prejudgment interest for damages.
Other Information
The case is currently on appeal.
Deliberation
90 minutes
Poll
12-0
Length
five days
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