Breach of contract on construction site; $107,000 judgment includes costs, attorneys fees. Riverside County.
Excavation contractor says he was not permitted to finish the job. Defendant says excavator failed to finish the job.
- Case Name: Harmon v. Abdulzahra
- Court and Case Number: Riverside Superior Court / TEC 097457
- Date of Verdict or Judgment: Thursday, March 06, 2014
- Date Action was Filed: Friday, July 24, 2009
- Type of Action: Breach of Contract
- Judge or Arbitrator(s): Hon. Dallas Holmes
Plaintiffs: Stuart Harmon dba Harmon Excavating
Defendants: Hazim Abdulzahra
- Type of Result: Bench Verdict
- Gross Verdict or Award: Bench verdict in favor of plaintiff for $25,455. Judgment for plaintiff on defendant's cross-complaint. Total judgment with costs and attorney fees, $107,097.17.
- Contributory/Comparative Negligence: None
- Trial or Arbitration Time: 3 days
- Jury Deliberation Time: Bench trial
- Jury Polls: Not applicable
- Post Trial Motions & Post-Verdict Settlements: Motion for fees and 2 appeals
Attorney for the Plaintiff: Hales & Associates by Brent J. Hales, Murrieta.
Attorney for the Defendant: Alvarado Law Firm by Mario Alvarado, Murrieta.
Plaintiff’s Medical Experts: None.
Defendant's Medical Experts: None.
Plaintiff's Technical Experts: Fen Yong, B.S., Civil Engineer.Tom Sakaguchi, surveyor.
Defendant's Technical Experts: Sam Akbarpour, civil engineer.Berdge Jolakian, civil engineer.
Facts and Background
Facts and Background:
Plaintiff was hired by defendant to perform dirt excavation services for a commercial property. Plaintiff did not complete the work, the reasons for which are the subject of this action. Plaintiff sued for breach of contract.
Defendant filed a cross-complaint also for breach of contract. Court trial before Judge Dallas Holmes.
That he was ready, willing and able to perform the contract, but was kicked off the job by defendant.
Defendant claims plaintiff walked off the job and defendant had to hire another contractor to finish the job.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Contract damages $25,455.
- Special Damages Claimed - Past Medical: $25,455
Demands and Offers
- Plaintiff Final Demand before Trial: $5,000
Court awarded initial judgment in favor of plaintiff on the complaint for $25,455. Defendant received nothing on his cross-complaint. Defendant filed an appeal with 4th Appellate District, Division two; Affirmed trial court. Defendant then filed a request for review to the State Supreme Court; denied. Trial court awarded plaintiff $81,642.17 in costs and attorneys fees including costs and fees for the appeals. Hearing held March 6, 2014 before Judge Elaine M. Kiefer Riverside Superior Court. Plaintiff's demand to settle prior to trial was $5,000. Defendant made no offers to settle. Total judgment $107,097.17