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NORTHERN CALIFORNIA RECORD

Friday, April 26, 2024

Couple alleges child care business owes $400,000 for breach of contract

Law money 01

FRESNO — A Fresno County couple is suing a non-profit foster family agency, alleging it owes $400,000 for breach of contract.

Rigoberto Gutierrez and Claudia Gutierrez filed a complaint Nov. 6 in Fresno County Superior Court against Karing 4 Kids and Does 1-10, alleging the defendants violated a settlement agreement by not paying one cent of the amount it was obligated to pay.

According to the complaint, on April 1, 2015, the Gutierrezes were parties to a written settlement agreement that they entered in good faith to end a legal disputes with their former business associates and employers. The plaintiffs allege that despite Karing 4 Kids agreeing to pay to settle their cases, they have failed to receive any payment of $80,000, as promised under the settlement agreement and at least another $320,000 as a result of four breaches of the confidentiality provisions of the settlement agreement. 

The plaintiffs allege Karing 4 Kids has failed and refuses to abide by its payment obligations and has not made any of the payments called for under the agreement in more than two years.

The Gutierrezes seek trial by jury, compensatory damages of at least $400,000, plus prejudgment interest, costs of suit, and all other relief the court deems just and proper. They are represented by attorneys Kevin G. Little and Michelle L. Tostenrude of Law Office of Kevin G. Little in Fresno.

Fresno County Superior Court case number 17CECG03768

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