Breach of contract on construction site; $107,000 judgment includes costs, attorneys fees. Riverside County.

Summary

Excavation contractor says he was not permitted to finish the job. Defendant says excavator failed to finish the job.

The Case

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 Case: Breach of Contract
Judge or Arbitrator(s): Hon. Dallas Holmes
Plaintiffs:
Stuart Harmon dba Harmon Excavating
Defendants:
Hazim Abdulzahra
Type of Result: Bench Verdict

The Result

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
Economic Damages:
$25,455
Non-Economic Damages:
None.
Punitive Damages:
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

The Attorneys

Attorney for the Plaintiff:
Hales & Associates by Brent J. Hales, Murrieta.
Attorney for the Defendant:
Alvarado Law Firm by Mario Alvarado, Murrieta.

The Experts

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.
Plaintiff's Contentions:
That he was ready, willing and able to perform the contract, but was kicked off the job by defendant.
Defendant's Contentions:
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.
Attorneys fees.

Special Damages

Special Damages Claimed - Past Medical: $25,455

Demands and Offers

Plaintiff Final Demand before Trial: $5,000

Additional Notes

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