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Business Law
Breach of Contract
Accounts Stated

Fontana Environmental Services Inc. v. Jim Knight Drain Oil Co., Inc.

Published: Jun. 30, 2007 | Result Date: Feb. 28, 2007 | Filing Date: Jan. 1, 1900 |

Case number: BC330269 Bench Decision –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Patricia A. Teunisse


Defendant

Boris Treyzon
(Abir, Cohen, Treyzon & Salo LLP)

Renata R. Salo
(Abir, Cohen, Treyzon & Salo LLP)


Facts

In 2004, plaintiff Fontana Environmental Services Inc. made an oral agreement with Jim Knight Drain Oil Co. Inc. to take on a public project together and share the revenue evenly. The two companies completed the public project, but Fontana did not feel it had received its fair share of the revenue.

Claiming damages, Fontana sued Jim Knight for breach of contract and accounts stated.

The two sides both stipulated that they had a valid oral agreement.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff argued it was owed more money than it received in accordance with the original contract.

DEFENDANT'S CONTENTIONS:
The defendant challenged Fontana's claims, arguing it fully performed the terms of the contract.

Settlement Discussions

The plaintiff demanded $65,000. The defendant offered $1.

Damages

Fontana sought $98,000 it claimed it was owed under the contract.

Result

In a bench trial, Judge Michael L. Stern found for defendant Jim Knight.


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