The lawsuit filed ostensibly by David Roy against the Idyllwild Chamber of Commerce, as directors and as individuals, has been costly to date, for the defendants in court fees and now, for Roy, in penalties.
At issue is $1,400 allegedly owed Roy for services he provided before last July’s dedication of his monument “Harmony.” The chamber paid for the sealant Roy applied, but claims it did not hire Roy to do the work.
At a Dec. 20 hearing, the judge in one phase of the litigation was scheduled to hear Roy’s motion to compel additional interrogatory responses from defendant and Chamber Director Mike Lackey. Because Roy failed to appear, the judge subsequently denied Roy’s motion and granted Lackey’s request for sanctions in the amount of $1,000. Roy has 30 days to pay the money or the court will issue a writ of execution.
According to people who have attended court sessions, Roy has appeared in court seemingly uninformed about his responsibilities in the suit as plaintiff.
Roy, in his pleading papers, acknowledges there was no contract for him to do the work. Nevertheless, he alleges in court papers, that he should be paid for his time and services. His claim for payment is based in quantum meruit, a legal term meaning “for reasonable value of work performed.”
The chamber had previously invited Roy, or his legal adviser, Ken Carlson, who is an attorney and former chamber president, to come to its offices, submit an invoice for the work Roy performed and discuss how to resolve the situation. Neither Carlson nor Roy did so, according to chamber directors.
The next action, according to chamber directors, was the filing of the referenced lawsuit. These details are all available at the Riverside County Superior Court website (www.riverside.courts.ca.gov) in the civil case report, case number HEC 1202489.
The suit, according to chamber directors, has required considerable time to acquire counsel, respond to plaintiff’s many motions, has proved costly in required court and attorney fees and has preoccupied directors, all of whom are employed or have their own businesses.
The litigation has preoccupied the chamber this fall, but the group is now moving forward again. Last week, chamber directors unveiled a new initiative, the 2013 Visitor’s Choice Awards Program, in which Idyllwild visitors vote for the business they most enjoyed during their time in Idyllwild.
Directors will reveal more details at their next meeting. The annual winner will receive a gift basket, plaque, shared business-card-sized banner on the chamber website front page for one year, and a free chamber one-year membership.
The lawsuit continues to unfold with next actions scheduled for early February.
Carlson had previously stated he was not representing Roy in this suit. But current court papers now show he is seeking remuneration for advice he is providing Roy and for reviewing documents that Roy is filing in the suit.