On June 17, 2019 a
Ruling 01/29/2021 - Ruling
was filed
involving a dispute between
Rivera Z., Pedro,
and
Cazares, Edgardo,
Edgardo Cazares Individually And Dba Bakersfield Construction Services,
for 06-CV Breach of Contract/Warranty-Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Date: 01/29/2021 Time: 8:00 AM - 5:00 PM
BCV-19-101663
PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BAKERSFIELD CONSTRUCTION SERVICES
Courtroom Staff
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court reporter: . None Bailiff: . NONE
Interpreter: Language of:
NATURE OF PROCEEDINGS: RULING
Hearing Start Time: 1:53 PM
The Court reaches the following decision:
This matter came on for court trial on January 25, 2021 at 8:30 a.m. in Dept. 17. Plaintiff appeared in pro per,
assisted by the Court-certified interpreter.
No appearance was made by Defendant, whose default had been entered on December 30, 2020.
Plaintiff was sworn and testified and presented exhibits to the Court for review.
Plaintiff requested a judgment of $100,000 for breach of contract, $100,000 and punitive damages for fraud, and
for prejudgment interest upon the $88,000 contract amount at 10% per annum.
The Court indicated at the end of the hearing, that it would be limited in the amount of actual damages it could
award. Since Defendant defaulted after being served with an Amended Complaint seeking $100,000, the Court
could not award more than $100,000 in actual damages. The Court expressed some uncertainty as to whether
there was any legal basis, under the circumstances of this case, to award pre-judgment interest. The Court took
the matter under submission to research any entitlement to pre-judgment interest.
Although the Court is sympathetic to Plaintiff and his situation, there is no legal basis to recover pre-judgment
interest. In breach of contract cases, the basis for awarding pre-judgment interest is usually found in terms of the
contract whereby the parties agreed to pay prejudgment interest upon a default or breach. The "Conditional
Waiver of Lien" of 4-15-18, which both parties treated as a written contract, did not contain any such promise or
obligation. In some breach of contract cases, where the amount owed under the contract is a fixed undisputed
amount, the Court has some discretion to award pre-judgment interest. This case does not fall into that category.
This is not a contract that obligated Defendant to make payments in specified amounts to Plaintiff. The amount of
damages could not be determined until Plaintiff finished the construction and presented evidence in Court.
Accordingly, the Court finds in favor of Plaintiff and awards judgment against Defendant in the amount of
MINUTE ORDER
Page 1 of 4
PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BCV-19-101663
BAKERSFIELD CONSTRUCTION SERVICES
$100,000.00. Plaintiff is the prevailing party on both the breach of contract theory and on the fraud theory;
however, the Court cannot award more than $100,000 in total damages. The Court would find that the actual
damages on each cause of action was somewhat in excess of $100,000.
The Court denies Plaintiff's request for pre-judgment interest; however, the judgment will accrue interest at the
legal rate of 10% per annum from the date of entry of judgment until paid.
Since Plaintiff is the prevailing party, he is entitled to recover costs. The Court approves and awards costs sought
by Plaintiff in the amount of $540.00.
Copy of ruling mailed to all parties as stated on the attached declaration.
Copy of Judgment mailed to Plaintiff by the court.
Exhibits returned to Plaintiff via mail along with ruling.
Minute order notice.
MINUTES FINALIZED BY: LINDA HALL ON: JANUARY 29, 2021
MINUTE ORDER
Page 2 of 4
PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BCV-19-101663
BAKERSFIELD CONSTRUCTION SERVICES
PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BAKERSFIELD CONSTRUCTION
SERVICES
BCV-19-101663
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated January 29, 2021 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: January 29, 2021
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: January 29, 2021
By: Linda Hall
Linda Hall, Deputy Clerk
Signed: 1/29/2021 01:58 PM
Certificate of Mailing
Page 3 of 4
PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BAKERSFIELD CONSTRUCTION
SERVICES
BCV-19-101663
MAILING LIST
PEDRO RIVERA Z
425 MALIBAR AVENUE
BAKERSFIELD CA 93307
Certificate of Mailing
Page 4 of 4
Document Filed Date
January 29, 2021
Case Filing Date
June 17, 2019
Category
06-CV Breach of Contract/Warranty-Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 17 Date: 01/29/2021 Time: 8:00 AM - 5:00 PM BCV-19-101663 PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BAKERSFIELD CONSTRUCTION SERVICES Courtroom Staff Honorable: Thomas S. Clark Clerk: Linda K. Hall Court reporter: . None Bailiff: . NONE Interpreter: Language of: NATURE OF PROCEEDINGS: RULING Hearing Start Time: 1:53 PM The Court reaches the following decision: This matter came on for court trial on January 25, 2021 at 8:30 a.m. in Dept. 17. Plaintiff appeared in pro per, assisted by the Court-certified interpreter. No appearance was made by Defendant, whose default had been entered on December 30, 2020. Plaintiff was sworn and testified and presented exhibits to the Court for review. Plaintiff requested a judgment of $100,000 for breach of contract, $100,000 and punitive damages for fraud, and for prejudgment interest upon the $88,000 contract amount at 10% per annum. The Court indicated at the end of the hearing, that it would be limited in the amount of actual damages it could award. Since Defendant defaulted after being served with an Amended Complaint seeking $100,000, the Court could not award more than $100,000 in actual damages. The Court expressed some uncertainty as to whether there was any legal basis, under the circumstances of this case, to award pre-judgment interest. The Court took the matter under submission to research any entitlement to pre-judgment interest. Although the Court is sympathetic to Plaintiff and his situation, there is no legal basis to recover pre-judgment interest. In breach of contract cases, the basis for awarding pre-judgment interest is usually found in terms of the contract whereby the parties agreed to pay prejudgment interest upon a default or breach. The "Conditional Waiver of Lien" of 4-15-18, which both parties treated as a written contract, did not contain any such promise or obligation. In some breach of contract cases, where the amount owed under the contract is a fixed undisputed amount, the Court has some discretion to award pre-judgment interest. This case does not fall into that category. This is not a contract that obligated Defendant to make payments in specified amounts to Plaintiff. The amount of damages could not be determined until Plaintiff finished the construction and presented evidence in Court. Accordingly, the Court finds in favor of Plaintiff and awards judgment against Defendant in the amount of MINUTE ORDER Page 1 of 4 PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BCV-19-101663 BAKERSFIELD CONSTRUCTION SERVICES $100,000.00. Plaintiff is the prevailing party on both the breach of contract theory and on the fraud theory; however, the Court cannot award more than $100,000 in total damages. The Court would find that the actual damages on each cause of action was somewhat in excess of $100,000. The Court denies Plaintiff's request for pre-judgment interest; however, the judgment will accrue interest at the legal rate of 10% per annum from the date of entry of judgment until paid. Since Plaintiff is the prevailing party, he is entitled to recover costs. The Court approves and awards costs sought by Plaintiff in the amount of $540.00. Copy of ruling mailed to all parties as stated on the attached declaration. Copy of Judgment mailed to Plaintiff by the court. Exhibits returned to Plaintiff via mail along with ruling. Minute order notice. MINUTES FINALIZED BY: LINDA HALL ON: JANUARY 29, 2021 MINUTE ORDER Page 2 of 4 PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BCV-19-101663 BAKERSFIELD CONSTRUCTION SERVICES PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BAKERSFIELD CONSTRUCTION SERVICES BCV-19-101663 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated January 29, 2021 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: January 29, 2021 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: January 29, 2021 By: Linda Hall Linda Hall, Deputy Clerk Signed: 1/29/2021 01:58 PM Certificate of Mailing Page 3 of 4 PEDRO RIVERA VS EDGARDO CAZARES INDIVIDUALLY AND DBA BAKERSFIELD CONSTRUCTION SERVICES BCV-19-101663 MAILING LIST PEDRO RIVERA Z 425 MALIBAR AVENUE BAKERSFIELD CA 93307 Certificate of Mailing Page 4 of 4