Breach of Contract - Promissory Notes

DAILY JOURNAL VERDICTS & SETTLEMENTS
January 17, 2001

CONTRACTS

Breach of Contract Promissory Notes

VERDICT: $725,000.

CASE/NUMBER: Paritcher Khadem Missagh v. Massood Haroonian, George Haroonian / 6C163457.

COURT/DATE: Los Angeles Superior Central / August 27, 2000.

JUDGE: Hon. David L. Minning.

ATTORNEYS: Plaintiff - Mark B. Wilson (Klein & Wilson, Newport Beach).

Defendant - Alexander Haroonian (Law Offices of Alexander Haroonian, Los Angeles); Joel F. Tamraz (Law Offices of Joel F. Tamraz, Los Angeles).

FACTS: The defendants signed two promissory notes with the plaintiff, one for $90,000 and one for $140,000. The defendants made interested payments only for a period of time, then stopped.

PLAINTIFF CONTENTIONS: The plaintiff contended this was a straightforward promissory note case. The defendants owed principal, unpaid interest and attorneys' fees.

DEFENDANT CONTENTIONS: The defendants contended the notes were usurious and the note for $140,000 was forged.

OTHER INFORMATION: The court granted the plaintiff's summary judgment as to two of the defendants. The court granted judgment on the pleadings as to the remaining defendants based upon its view that the defendants' cross-complaint for usury (which was previously settled) admitted every fact the plaintiff needed to prove for a judgment. The defendants have filed an appeal. Just before the parties were to pick a jury, the plaintiff orally moved for judgment on the pleadings which the court granted as to four non-signing defendants. All defendants have filed an appeal.

THE RESULT: The plaintiff recovered damages, interest, attorneys' fees, and costs totaling approximately $725,000.