Edward J. Farrell’s defense in a quantum meruit suit earned a significant outcome for his client. Plaintiff brought a lawsuit alleging quantum meruit, breach of contract, fraud, and economic interference claims for failing to abide by a contract allegedly made between plaintiff and defendant’s deceased sister.
The case brought by plaintiff, against the client Edward J. Farrell defended, sought a significant amount of money in damages. Mr. Farrell was successful in having the court dismiss the majority of the claims brought by plaintiff before trial. The only remaining cause of action that went to trial was the quantum meruit claim.
What is quantum meruit?
What is quantum meruit? It is a Latin term, which can be translated “as much as is deserved,” or “as much as he has earned.” In a civil lawsuit, the concept of quantum meruit can be used where goods or services were received without a written contract that established what amount was to be paid. The legal theory behind quantum meruit says a person should not have to pay more than the value of services rendered, which is based the going rate, or fair market price.
For a contractual relationship to exist, a written agreement is not required. The person providing the goods or services (plaintiff) needs to show that the person receiving the goods or services (defendant) had asked for the goods or services, or accepted goods or services knowing there would be a cost involved. In a quantum meruit case, in which a written contract that specifies how much is to be paid is lacking, the plaintiff must show the court the defendant could have declined to accept goods or services if he or she did not want to pay for them.
The case Mr. Farrell defended was heard by the Hon. Mark C. Kim in Los Angeles Superior Court, lasting one day. After cross-examination by Mr. Farrell, plaintiff settled for less than five percent of the damages he was seeking, a significant outcome for Mr. Farrell’s client.
