LUCENT TECHNOLOGIES INC. v. Gateway, Inc.

Good Law

470 F. Supp. 2d 1195·2007 WL 172225·2007 U.S. Dist. LEXIS 3043

United States District Court, Southern District of CaliforniaJanuary 12, 2007Civil 02CV2060-B(CAB), 03CV0699-B (CAB), 03CV1108-B (CAB)California2,632 words

Opinion

Brewster, J.

ORDER ON LUCENT’S MOTION FOR SUMMARY ADJUDICATION ON GATEWAY’S AFFIRMATIVE DEFENSE OF RELEASE AND RELATED COUNTERCLAIM FOR BREACH OF CONTRACT

I. INTRODUCTION

Lucent moves the court for summary adjudication on Gateway’s affirmative defense of release and its related counterclaim for breach of contract. For the reasons herein, this motion is GRANTED.

II. BACKGROUND

Prior to this litigation, and sometime before 1998, Gateway purchased telecommunications equipment from Lucent. Gateway also entered into a maintenance service agreement with Lucent with payments to be made in relation to the specific equipment.

Sometime in late 1998, Gateway, through the use of a consultant, discovered it had been overbilled by Lucent for the equipment maintenance. Gateway contacted Lucent and discussed the overbill-ing with Lucent employees Gary Ponik and Sydni Looper. Monetary credits were issued to Gateway and in 1999, a new agreement was negotiated. The parties continued to discuss the past overbilling and credits due. In early 2000, Lucent and Gateway identified two sums $61,585 and $10,794 due to Gateway; in addition, the parties agreed to split Gateway’s consultant’s fee of $25,000.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.