Verdicts & Settlements

September 2, 2011

Daily Journal

VERDICT: $92,000.

CASE / NUMBER: Abraham Victor Ponce, sole owner of Ponce Company v. Philco Construction Inc. et al., and related cross-action / RIC521704.

COURT / DATE: Riverside Superior / July 5, 2011.

JUDGE: Hon. Douglas E. Weathers.

ATTORNEYS: Cross-Complainant - Michael A. DesJardins, Eric A. Panitz, (DesJardins & Panitz, LLP, Riverside).

Cross-Defendant - Michael D. McEvoy, Daniel G. Pezold, Maria A. Starn (Murchison & Cumming, LLP, Los Angeles)

TECHNICAL EXPERTS: Cross-Defendant - Jennie McNulty, economics, Los Angeles; Gus A. Rawi, P.E., Ph.D., concrete and structural engineering, general contractor, Irvine.

FACTS: Abraham Victor Ponce filed suit against the defendant because he was owed over $90,000 on his contract for completed work.

In the cross-complaint, defendant alleged that the contract was not paid in full because cosmetic issues with the concrete delayed the defendant's store opening, resulting in lost earnings.

After a four-week trial, the jury found in favor of Ponce. The subcontractor was awarded $92,000, plus 10 percent interest for the last two years of non-payment, and was found zero percent at fault for the construction defects.

JURY TRIAL: Length, four weeks.

RESULT: $92,000 for plaintiff/cross-defendant Ponce.