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Contracts
Breach of Contract

M&D Medical Supply Inc. v. Pacific Health Corporation dba Los Angeles Metropolitan Medical Center; Pacific Health Corporation; Los Angeles Metropolitan Medical Center, a wholly owned entity of Pacific Health Corporation; Los Angeles Metropolitan Medical Center, a general acute care hospital; and Does 4-10 inclusive

Published: Mar. 16, 2013 | Result Date: Sep. 11, 2012 | Filing Date: Jan. 1, 1900 |

Case number: BC411914 Verdict –  $310,104

Court

L.A. Superior Central


Attorneys

Plaintiff

Bryan C. Altman
(Altman Law Group)


Defendant

Mohamed A. Youssef

Mark T. Pollitt
(Prime Healthcare)

Mukunda V. Raghavan


Experts

Plaintiff

Barbara Luna
(technical)

Facts

In 2008, M&D Medical Supply Inc. filed a lawsuit against Pacific Health Corp., dba Los Angeles Medical Center, and Los Angeles Metropolitan Medical Center, alleging that Defendants failed to make payments to M&D under a contract between the parties. Defendants cross-complained against M&D.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it delivered medical supplies to Defendants according to a contract, but Defendants failed to pay for invoices sent to them.

DEFENDANT'S CONTENTIONS:
Defendants argued that they did not receive the items Plaintiff was supposed to deliver. In addition, they alleged that prices for the items were too high, and Plaintiffs conspired with Defendants' former employee to defraud them by charging excessively high prices.

Damages

M&D sought $240,000 for non-payment of the invoices.

Result

The jury awarded $310,104 for breach of contract, $103,810 for common counts, and $244,481 open book account for a total of $658,395. Because the theories were pleaded in the alternative, Plaintiff was awarded the highest of the three awards, $310,104.


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