Confidential
Settlement – $25,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Facts
Between 1991 and October of 1993, the plaintiff shipped goods for the defendant. Although the defendant paid all of the plaintiff's invoices for the shipments, the plaintiff learned, through an audit, that it had not charged the defendant its rates that were published and on file with the Public Utilities Commission. The plaintiff sought to collect $71,956, in the amount it undercharged the defendant. The plaintiff brought this action against the defendant based on damages for tariff charges, open book account and quantum meruit theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $50,000, reduced to $35,000. The defendant made a C.C.P. º998 offer of compromise for $6,000 increased to $10,000.
Damages
The plaintiff claimed $71,956 in damages for the amount it undercharged the defendant.
Other Information
The settlement was reached approximately one year and ten months after the case was filed. An arbitration was held on July 17, 1995, before Judge Harry T. Shafer, retired, resulting in an award of $71,956 in favor of the plaintiff. The defendant requested a trial de novo. A settlement conference was held on June 12, 1996, before Judge Anita Rae Shapiro resulting in the reported settlement.
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