Sub-Zero Excavating v. Clean Fuels Nor-Cal
Defendant Clean Fuels Nor-Cal, Inc., appeals from a judgment after a bench trial in which the trial court awarded plaintiff Sub-Zero Excavating, Inc., $35,766.50 in damages for breach of an oral contract. Plaintiff performed pipe and drainage trenching as a subcontractor for defendant to build a Fountain Valley gas station, but defendant failed to pay plaintiff or other subcontractors for their work because the principal did not pay defendant's charges. Defendant challenges the sufficiency of the evidence to support the trial court's damages verdict because plaintiff did not move to admit at trial the invoices or other written documentation of the amounts it billed defendant. But defendant's field manager, Billy Epps, admitted plaintiff performed the work and that plaintiff provided defendant notice it filed a mechanic's lien for $35,000 after defendant ignored plaintiff's requests for payment. Epps testified there was no dispute over the correctness of the $35,000 figure and that the amount was â€
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