Judge: Mark H. Epstein, Case: 23CHLC16724, Date: 2024-04-18 Tentative Ruling

Case Number: 23CHLC16724    Hearing Date: April 18, 2024    Dept: I

The matter is here on an OSC re: Walker.  

The case was originally a breach of contract case in which plaintiff alleged that it agreed to sell certain materials to the defense for a total cost of $18,800.  Plaintiff alleged that after delivery, though, defendant requested that American Express (the credit company defendant used to pay the contract price) reverse the charge, which resulted in this suit.  The complaint sought less than the unlimited case minimum.

Defendant filed a cross-complaint.  Defendant admits the contract, but states that plaintiff delivered only two of the four ordered panels and that the goods were damaged by delivery personnel as they were being unloaded.  Although plaintiff ultimately delivered the remaining two panels, defendants state that when they tried to install those panels, the newly delivered panels were the wrong size and plaintiff refused to do anything about it.  In addition to breach of contract, the cross-complaint claims a violation of section 17200.  Cross-complainants claim damages of at least $200,000.  Upon filing of the cross-complaint, the matter was re-assigned to this court.

The court questions the $200,000 number in light of Hadley, and asked that the parties file briefs regarding whether this is truly an unlimited case.  No one filed anything, so it could be that both parties have reached an agreement on the Walker issue, one way or the other.

The court will inquire further.