San Diego, CA: On July 10, 2017, San Diego Superior Court Judge Judith F. Hayes ruled in favor of Navigato & Battin, LLP’s client, Aurora Spine, Inc. (“Aurora”) and against the plaintiff in a case arising from a claimed breach of contract.  In the case, the plaintiff, Veridiam, Inc., claimed that Aurora breached a contract for custom goods ordered from Veridium, and sought more than $215,000.00 from Aurora.  Pre-judgment interest could have tacked on tens of thousands of dollars more to the final judgment.

After a multi-day trial, Judge Hayes found that Aurora was entitled to a defense verdict on all claims, including the granting of a rare Motion for Judgment in Aurora’s favor on the common count claim asserted by Veridium.  The judge ruled that there was no evidence that Aurora breached its obligations to Veridium based on the terms of the contracts at issue and the parties’ business relationship and dealings.  After considering the evidence and witness testimony, the judge determined that the parties had not altered their agreement by oral or written modifications (as alleged by Veridium) and that Veridium had failed to prove its case.  The court stated, “Plaintiff [Veridiam] has the burden of proof in read to its breach of contract cause of action.  Plaintiff [Veridiam] has failed to carry its burden.”

Of the victory, NavBat partner and trial attorney Travis Bray, stated: “We came into the case a couple of weeks before trial, so it was a bit of a scramble to get exhibits put together, witnesses prepared, and to get cross-examinations and opening and closing statements ready for the Court.  However, we had solid defenses on our side and came into Court well prepared for everything the other side threw at us.  It is very satisfying to step into a case like this and help the client to a well-deserved victory.  The Court got this one right.”

Navigato & Battin, LLP is a San Diego-based business litigation law firm, focusing on assisting small to medium-sized businesses with all of their legal needs.  If you have a trial upcoming, no matter how soon, give us a call to see how we might be able to help.