SAN FRANCISCO – A New York City couple is suing a Berkeley furniture company over claims that it won't refund their money.
Jill and Steve Cakebread filed a lawsuit in the U.S. District Court for the Northern District of California, San Francisco Division on Jan. 7 against Berkeley Millwork and Furniture Co. Inc., citing breach of contract and breach of the implied covenant of good faith and fair dealing.
According to the suit, Berkeley Mills is contractually obligated to refund the Cakebreads a payment for a furniture order that the plaintiffs canceled before the company began work. The refund is for $131,920 and the Cakebreads made every effort to resolve the matter but, according to the complaint, Berkeley Mills has refused to keep its promises. Berkeley Mills initially proposed to repay the Cakebreads by 2023 by converting the payment into an interest-free loan, the suit states.
The plaintiffs are seeking damages according to proof, interests, attorneys' fees and court costs. Clara J. Shin and Ethan Forest of Covington and Burling LLP in San Francisco will represent the Cakebreads.
U.S. District Court for the Northern District of California, San Francisco Division Case number 4:16-cv-00083-DMR