Case Name: Benchmark Construction, Inc. v. Ness Development, Inc., et al.

Case No.: SC126977 Complaint Filed: 01/26/17

Hearing: 07/26/19 Motion C/O:

Calendar #: Discovery C/O:

Notice: OK Trial Date:

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TENTATIVE RULING

MOTIONS: DFDTS’ MOTION FOR ATTORNEYS’ FEES AND OTHER RELIEF

HELD: GRANTED IN PART, DENIED IN PART

MP: Defendants Ness Development, Inc., Ness Holdings, Inc., and NHVA1 XXXIX LLC

RP: Plaintiff Benchmark Construction, Inc.

PROCEDURAL BACKGROUND

On January 26, 2017, Plaintiff filed a complaint asserting causes of action for breach of written contract, breach of oral contract, common counts, and foreclosure of mechanic’s lien.

On June 6, 2017, Defendants served a CCP § 998 offer to compromise in the amount of $27,500. Plaintiff rejected the offer.

On November 21, 2017, the Court granted Defendants’ motion to compel arbitration as to Plaintiff’s breach of written contract cause of action