“Gilmore Girls” executive producer Gavin Polone lost a round in court when a judge dismissed part of his lawsuit against a contractor that the plaintiff alleges did “abysmal” construction work on his Beverly Hills home.
On Thursday, Beverly Hills Superior Court Judge Edward B. Moreton Jr. ruled that there were no triable issues against Shawmut Design and Construction for fraud and negligent misrepresentation. The judge also ruled that Polone cannot seek punitive damages against the company.
The company’s attorneys maintained in their court papers that the misrepresentations Polone attributes to an individual named Jim Schram in 2017 occurred a year before the work contract was signed and before Shawmut hired Schram. Therefore, Schram was not yet authorized to act on Schram’s behalf, the contractor’s attorneys further contended in their court papers.
“Shawmut argues that there is no triable issue that at the time Schram made his representations, he was not an employee of Shawmut,” the judge wrote “The court agrees.”
Polone, now 62, alleged that Schram falsely represented that he was selling his construction company to Shawmut in the fall of 2017 and spring of 2018. But the judge noted that when asked by Polone’s lawyer during a deposition whether he was selling his company to Shawmut, Schram replied, ”I think I did…”
“Because Schram believed he was going to sell his company to Shawmut when he made the statement, his statement was truthful and without any intent to deceive,” the judge wrote.
In the suit brought in October 2022, Polone says he is seeking more than $3 million in damages, calling the Massachusetts-based company’s work on his mansion “abysmal” as well as beset by problems that left the home with substantial defects that will be costly to remediate.
Polone also says that he wanted a contractor with experience in the luxury residential construction industry, including someone with existing relationships with top-tier subcontractors.
“Tellingly, and on repeated occasions, Shawmut was unable to obtain proposals from more than one adequate subcontractor for a scope of work,” according to the suit, which further states that this forced Polone to source subcontractors on his own for work.
“Had Polone known of the bait and switch with Mr. Schram, and the fact that Shawmut never intended to hire local, qualified, and connected supervisors for this project, Polone would have never hired Shawmut,” the suit states.
Polone’s other allegations against Shawmut include breach of contract and unjust enrichment. Numerous cross-complaints have stemmed from the suit.
Polone was the executive producer for the original “Gilmore Girls” series from 2000-07. He has been nominated for seven Primetime Emmy Awards, of which six were for outstanding comedy series for Larry David’s “Curb Your Enthusiasm.”
Shawmut Design was founded in Boston in 1982 and employs more than 100 workers in California. The company specializes in luxury residential construction as well as restaurants, hotels and sports entertainment projects.