Cakebread

Cakebread v. Berkeley Millwork & Furniture Co.

Good Law
218 F. Supp. 3d 1040·2016 WL 6834217·2016 U.S. Dist. LEXIS 161335
United States District Court, Northern District of CaliforniaNovember 21, 2016Case No. 16-cv-00083-RS(DMR)California4,003 words

Opinion

Lead Opinion

Ryu, J.

ORDER DENYING PLAINTIFFS’ MOTION FOR SANCTIONS FOR BREACH OF PROFESSIONAL RESPONSIBILITIES

Plaintiffs Jill Cakebread and Steve Cak-ebread (“Plaintiffs”) filed a Motion for Sanctions for Breach of Professional Responsibilities against Defendant Berkeley Millwork and Furniture Co., Inc. (“Defendant”) and its attorney, Melvin D. Honow-itz, Esq. [Docket No. 39]. The court held a hearing on October 27, 2016. For the following reasons, Plaintiffs’ motion is DENIED.

I. FACTS & PROCEDURAL HISTORY

Plaintiffs entered into an agreement with Defendant to design and build custom furniture and cabinetry for Plaintiffs’ home in Wyoming. [Docket No. 1 (Compl.), ¶¶ 10-12]. Plaintiffs contend that they cancelled their order before Defendant began any work, which entitled them to a refund of their partial payment under the terms of the agreement. [Id., ¶¶ 14-15]. Defendant denies these allegations, and counterclaims that Plaintiffs breached the agreement by failing to return copies of Defendant’s designs and using Defendant’s designs in building certain furniture in their home. [Docket No. 8 (Answer and Counterclaim), at pp. 7-11].

Plaintiffs now move for sanctions. They assert that Honowitz…

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