Juan Carlos Gonzalez v. Gruma Corporation, dba Mission Foods Corporation and Argas Mexican Foods Products
Published: Aug. 23, 1997 | Result Date: Jul. 18, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC140477 Verdict – $9,004
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
David S. Olson
(Brooklyn Law School)
Experts
Plaintiff
Michael S. Adams
(technical)
Frederica J. White
(technical)
Facts
Plaintiff Juan Carlos Gonzalez was an independent distributor for defendant Mission Foods until his distributorship agreement was terminated on Dec. 5, 1995. The plaintiff claimed the termination was a breach of contract and also that he was owed approximately $35,000 for services rendered prior to the termination. The defendant contended the termination was proper due to the plaintiff's repeated failure to provide adequate service under the agreement. The defendant claimed the plaintiff was not owed any money as of the time of termination. The plaintiff brought this action against the defendant based on breach of contract and account stated theories of recovery. The plaintiff also sought an accounting.
Settlement Discussions
The plaintiff made a settlement demand for $230,000, lowered to $150,000 during the MSC. The defendant made a C.C.P. º998 offer of compromise for $40,000.
Damages
The plaintiff claimed $24,945.28 as account stated, breach of contract damages according to proof and an accounting.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. A mandatory settlement conference was held on March 5, 1997 before JASOP. It did not resolve the matter.
Deliberation
1½ days
Poll
11-1
Length
10 days
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