Issaq v. Qudus
Filed 5/10/06 Issaq v. Qudus CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| AMIN ISSAQ et al., Plaintiffs and Respondents, v. QADER QUDUS, Defendant and Appellant. |
A109718
(Alameda County Super. Ct. No. HG0386779)
|
Qader Qudus (Qudus) appeals from a judgment entered against him in favor of respondents Amin Issaq (Issaq) and Jelani Gholam (Gholam).[1] Qudus contends that part of the judgment was not supported by substantial evidence, certain evidence was improperly admitted, and damages were miscalculated. We agree that the damages were miscalculated, reverse the judgment, and remand for entry of a new judgment consistent with this opinion.
I. FACTS AND PROCEDURAL HISTORY
Respondents Issaq and Gholam sued Qudus for breach of contract, common counts, fraud, and unjust enrichment. Among other things, respondents alleged: they agreed with Qudus to engage in a business venture to sell merchandise at a jewelry dealer's show in Tucson, Arizona, and to share the profit equally; Qudus would pay respondents for their work at the show and at businesses known as Global Import Sales, ZXQ Exchange, and Afghan Gems, Inc. (Afghan Gems); Qudus would sell Issaq's merchandise at the Tucson show and at Global Import Sales, and Issaq would receive the proceeds; Qudus would pay Issaq and Gholam 12 percent of profits from Afghan Gems; and Issaq loaned Qudus $1,200, which Qudus would repay. Qudus allegedly failed to perform those agreements. Respondents did not name Global Import Sales or Afghan Gems as defendants.
The matter proceeded to trial without a jury.
A. Evidence at Trial
Issaq and Gholam, friends since their childhood in Afghanistan, met Qudus in January and February 2002, respectively. Qudus was the sole owner of Global Import Sales, which he operated in Fremont, selling jewelry and other merchandise.
1. The Tucson Trade Show
While the parties disagree as to how it came about, Qudus, Issaq and Gholam agreed to attend a trade show together in Tucson, which lasted 17 days. Qudus brought merchandise of his own to sell at the show. Issaq brought necklaces, earrings and jewelry made in Czechoslovakia, the receipts for which he gave to Qudus. Gholam did not bring or purchase any of his own merchandise for the show.
Gholam and Issaq handled all of the sales at the show, while Qudus attended to other matters. Gholam and Issaq collected the money, kept a record of it, and turned the money and the records over to Qudus.
Initially, Qudus and Issaq were each going to pay one-half of the rental space for the show. According to Issaq, Qudus subsequently told respondents they would all work together and make a lot of money. No written agreement was prepared for the division of profits, but both Gholam and Issaq testified that they expected to split the profit three ways equally.
Qudus paid the expenses associated with attending the Tucson show from the sales of merchandise at the show, as the proceeds were collected. In addition, Gholam purportedly incurred $96 for lunches that was not reimbursed.
According to Gholam, approximately $18,000 was collected from sales of this merchandise at the Tucson show, along with an additional $9,000 for turquoise they had bought and resold at the show, making the gross sales about $27,000 to $28,000. The profit, Gholam estimated, was $20,000 to $23,000. Although Gholam had no access to the purchase invoices for the merchandise sold at the show, he estimated the cost of goods sold from what Qudus had told him about the cost of specific items.
At the Tucson show, Qudus also bought merchandise from other vendors. Some of the merchandise was sold at the show. The rest--worth about $20,000 to $25,000--was taken back to Qudus's Global Import Sales store in Fremont and placed in a safe, for the purpose of starting a new business that the three would open in the name of Afghan Gems.
2. Afghan Gems
On their return from the Tucson show, the parties agreed to form a corporation called â€
