Phoenix Partner David Kash and Associate Scott Pehoushek Succeed on Motion for Summary Judgment
Phoenix Partner David Kash and Associate Scott Pehoushek have succeeded on a motion for summary judgment obtaining a judgment as a matter of law for their client on each and every claim brought by the Plaintiff. The case involved a dispute over home remodel work. The client had submitted a bid to do the work for the Plaintiff in association with another contractor, but the bid went unaccepted. The associated contractor later performed work independently that the Plaintiff alleged caused him to spend tens of thousands of dollars to fix. Plaintiff brought claims for those costs against the client despite never agreeing to the bid and never interacting with the client again.
The Defense submitted a motion for summary judgment to defeat claims of breach of contract, conversion, and fraud. After full briefing by all parties, the Court heard oral arguments from Scott and Plaintiff’s counsel. The Court was receptive to the Defense’s argument that the unaccepted bid made all statements to the Plaintiff prior to the bid immaterial, and that Plaintiff never had any further contact with the client that could form the basis for any contractual relationship. The Court found that the client was entitled to judgment as a matter of law on each of the nine claims brought by Plaintiff, finding that there was no evidence of any contract, no evidence of any improper benefit received by the client, and no evidence of any fraud or misrepresentation.