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CITY SOLUTIONS, INC. v. CLEAR CHANNEL COMMUNICATIONS, INC.

No. C99-00060 WHA.

242 F.Supp.2d 720 (2003)

CITY SOLUTIONS, INC., Plaintiff, v. CLEAR CHANNEL COMMUNICTIONS, INC., Eller Media Co., and Adshel Inc., Defendants.

United States District Court, N.D. California.

January 24, 2003.

Attorney(s) appearing for the Case

Nelson E. Brestoff, Joel S. Moskowitz, Moskowitz Brestoff Winston & Blinderman, Los Angeles, CA, for Plaintiff.

Michael B. Green, Brobeck Phleger & Harrison LLP, San Francisco, CA, Richard S. Odom, Brobeck Phleger & Harrison, Los Angeles, CA, Brett M. Schuman, Brobeck Phleger & Harrison LLP, San Francisco, CA, Scott R. Campbell, Daniel S. Mason, Zelle Hofmann Voelbel Mason & Gette LLP, San Francisco, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR JUDGMENT AND DENYING MOTION FOR NEW TRIAL

ALSUP, District Judge.

INTRODUCTION

This case illustrates an important distinction under California fraud law: the difference between lost-profit damages and benefit-of-the-bargain damages. The jury found defendant Eller Media Company liable for $9,800,000. It now moves for judgment as a matter of law or for a new trial. As to the fraud verdict of nine...

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