SilverValley Propane v. Lamanco, Inc.
This is the second appeal in this case. In the first appeal, Silver Valley Propane, Inc. v. Lamanco, Inc. et al., case No. E037389 (filed 8/21/2006), Silver Valley Propane (SVP) appealed from a postjudgment order granting a new trial on damages following a jury verdict in favor of SVP and against defendants Louie Laymance (Laymance), Julie White (White), Lamanco, Inc. dba Kelly Gas (Lamanco/KELLY), Kellie Robinson (Mrs. Robinson), Lloyd Robinson (Mr. Robinson), K&L Gas (K&L), Collette Davis (Mrs. Davis), Leland Davis (Mr. Davis) and Skyfire Propane (SKYFIRE)[1]based on their violation of the California Unfair Practices Act (UPA) (Bus. & Prof. Code, 17001 et seq.[2]). We affirmed the postjudgment order and remanded the case for retrial on the issue of damages only. Both parties waived jury, and the matter was tried before the court, which awarded $47,488 in damages to SVP for its loss of net profits. SVP appeals, contending: (1) the courts methodology used in awarding damages was inconsistent with and contrary to law; and (2) the court erred in excluding Mr. and Mrs. Robinson as additional judgment debtors.
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