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Gentek Media, Inc. v. Media Services Omaha

June 2, 2009

GENTEK MEDIA, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
MEDIA SERVICES OMAHA, AN ENTITY OF UNKNOWN FORM; AND DOES 1 TO 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Dale S. Fischer

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Court Rm: 840 (Roybal Bldg)

The Court conducted a bench trial on March 11, 2009. Defense counsel had advised the Court that neither defendant nor its counsel would attend. The Court makes the following findings of fact and conclusions of law.

As to Plaintiff's claims:

Claim 1: An agreement was entered into by the parties under which Defendant agreed to pay for DVDs produced by Plaintiff. The agreement was supported by valuable consideration. Plaintiff performed its obligations under the agreement, or was excused from such performance. Defendant accepted the goods by failing to timely give notice of rejection of the deliveries. Defendant breached the agreement by failing to pay for the DVDs that it accepted from Plaintiff.

Plaintiff was damaged as the result of Defendant's breach in the amount of $88,913.00. Said amount was an ascertainable sum as of July 31, 2006.

The above-listed findings were supported by the testimony of Gene Szeto, Ann Lee and Teresa Padilla regarding purchase orders from Defendant and deliveries made by Plaintiff; documentary evidence in the form of purchase orders and e-mail from Defendant for the goods it ordered from Plaintiff, Plaintiff's invoices and accounts receivable reports.

Claim 2: Plaintiff provided DVDs at Defendant's request. Defendant received and accepted the deliveries of the goods tendered by Plaintiff, but did not pay for them. Defendant has thus been unjustly enriched. The reasonable value of the goods kept by Defendant is $88,913.00. Said amount was an ascertainable sum as of July 31, 2006

The above-listed findings were supported by the testimony of Gene Szeto, Ann Lee and Teresa Padilla regarding purchase orders from Defendant and deliveries made by Plaintiff; documentary evidence in the form of purchase orders and e-mail from Defendant for the goods it ordered from Plaintiff, Plaintiff's invoices and accounts receivable reports.

Claim 3: Plaintiff maintained an open book account for goods sold to Defendant. The amount owed by Defendant on that account is $88,913.00. Said amount was an ascertainable sum as of July 31, 2006

The above-listed findings were supported by the testimony of Gene Szeto and Teresa Padilla regarding the account maintained by Plaintiff for sales of goods to Defendant and documentary evidence in the form of Plaintiff's accounts receivable reports.

Claim 4: Plaintiff has submitted written demands for payment, totaling $88,913.00. Defendant failed to timely dispute those written demands for payment. By their conduct, have agreed that Defendant is obligated for sums owed on an account for goods sold by Plaintiff in the amount of $88,913.00. Said amount was an ascertainable sum as of July 31, 2006.

The above-listed findings were supported by the testimony of Gene Szeto, Ann Lee and Teresa Padilla regarding the account maintained by Plaintiff for sales of goods to Defendant and testimony concerning communications between Plaintiff and Defendant and ...


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