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Contracts
Breach of Contract
Failure to Pay

Lydia Harris, et al. v. Kevin Gilliam, et al.

Published: May 25, 2004 | Result Date: Dec. 24, 2003 | Filing Date: Jan. 1, 1900 |

Case number: BC268857 Arbitration –  $760,000

Court

L.A. Superior Central


Attorneys

Plaintiff

I. Donald Weissman
(Weissman Law Firm)


Defendant

Hayes F. Michael


Facts

The plaintiffs filed a lawsuit which alleged, inter alia, that the defendants breached an exclusive employment and management contract with the plaintiffs and failed to pay the plaintiffs money from recordings in which the defendant was a songwriter and producer. After summary judgment was granted in favor of the other defendants, the plaintiffs and the remaining defendant entered into a written stipulation regarding binding arbitration before trial.

Settlement Discussions

A settlement was reached whereby the defendant would pay the plaintiffs, over time, $105,000. The plaintiff executed a settlement agreement. The defendant refused. The case then proceeded to binding arbitration.

Damages

The plaintiffs claimed breach of contract of over $1 million.

Result

The arbitration award was for $1 Million, less an offset of $240,000, being the amount owed by the plaintiffs to the defendant. The plaintiff New Image Media Corp. was also awarded costs.

Other Information

A settlement was reached whereby the defendant would pay the plaintiffs, over time, $105,000. The plaintiff executed a settlement agreement. The defendant refused. The case then proceeded to binding arbitration before retired Judge R. William Schoettler of ADR Services Inc. The defendant did not appear at the arbitration, but counsel did appear and participated in the examination of witnesses and presentation of evidence. The arbitration award was for $1 million, less an offset of $240,000, being the amount owed by the plaintiffs to the defendant. The plaintiff New Image Media Corp. was also awarded costs.


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