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SETTLEMENT:
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| |
$32,500 for
Plaintiff. Defendant agreed to dismiss its bad faith
claim against its
insurance carrier in exchange for dismissal of
the declaratory relief action. |
|
CASE/NUMBER:
|
| |
Case I.D.
Confidential. |
|
COURT/DATE:
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| |
Los Angeles
Superior Central / January 19, 1998. |
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MEDIATOR:
|
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Deborah Rothman of
AAA. |
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ATTORNEYS:
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| |
Plaintiff - John
G. Burgee (Burgee & Abramoff, Encino).
Defendant - Barry Weisz (Jeffer, Mangels, Butler &
Marmaro, Los Angeles); Anthony R. Milani (Milani &
Rosenthal, Irvine); Dennis L Althouse (Wolfe &
Wyman, Long Beach); George D. Yaron (Davidovitz &
Yaron, San Francisco). |
|
FACTS:
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| |
Plaintiff
performed construction work for defendant's
construction company. A dispute arose regarding
payment for services so plaintiff stopped working
for defendant and sought payment for services
rendered. Defendant declined to pay plaintiff,
whereupon plaintiff sued for breach of oral
contract, quantum meruit and defamation in
conjunction with defendant's oral statement
impugning plaintiff's workmanship and honesty.
Defendant tendered the defense of the defamation
action to the two insurance carriers providing
coverage in the relevant time frame. Both agreed to
provide a defense, with a reservation of rights.
Only one carrier provided defendant with Cumis
counsel. The other brought a declaratory relief
action seeking a declaration of its, and its
insured's, rights and obligations under the policy.
Defendant filed a cross-complaint for bad faith
against the carrier that failed to provide Cumis
counsel. |
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CONTENTIONS:
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| |
The plaintiff
contended that the defendant owed him $150,000 for
services performed on six or seven different
construction projects and $200,000 for damages as to
the alleged defamation. |
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MEDIATION:
|
| |
A mediation was
held on January 19, 1998, before Deborah Rothman of
the American Arbitration Association, resulting in
the reported settlement. |
|
Copyright 1998 Daily Journal Corp. Reprinted with
Permission.
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