This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jul. 13, 1996

Torts
Open Book Accident
Tariff Charges

Confidential

Settlement –  $25,000

Judge

Anita Rae Shapiro

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Steven L. Friedland


Defendant

Michael D. Burnstein


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.


#92435

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390