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Real Property
Breach of Fiduciary Duty
Fraud and Misrepresentation

Maryam Seyedan v. Nasir Ebrahimi

Published: Mar. 21, 2009 | Result Date: Dec. 16, 2008 | Filing Date: Jan. 1, 1900 |

Case number: BC364790 Verdict –  $9,329,820

Court

L.A. Superior Central


Attorneys

Plaintiff

Jeffrey Spitz

Cambra Sklarz


Defendant

J. Scott Scheper

Christine M. LaPinta


Experts

Plaintiff

Frank A. Hicks
(technical)

Defendant

Sandra L. Homewood
(technical)

Facts

Beginning in the early 1980's, plaintiff Maryam Seyedan worked as a bookkeeper for defendant Nasir Ebrahimi. In 1987, plaintiff and defendant entered into an oral agreement that, according to the plaintiff, created a joint venture. In return for her investment of money, plaintiff was to receive a defined percent share in the investment property (20%, 30%, or 50%). In Dec. 1989, plaintiff and defendant put their agreement in writing. The agreement expanded to include several other properties, which required plaintiff to provide more contributions of capital. From 1989 to 2005, plaintiff asserted that she continuously provided contributions to the joint venture, including borrowing money from family members to fund the investment. In Aug. 2005, the plaintiff sought to terminate the joint venture, and demanded an accounting and her share of the profits.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that starting in 1987, she and defendant entered into a joint venture whereby the two agreed to make and share income-producing investments. Defendant breached his fiduciary duty, and engaged in fraud, misrepresentation, and conversion, by refusing to provide plaintiff a return of her investment, a share of her profits, and an accounting of her investments.

DEFENDANT'S CONTENTIONS:
Defendant denied the claims and brought his own claims against the plaintiff. Defendant contended that plaintiff, while working as his employee between 1983 to 1998, breached duties she owed to him and the company. Plaintiff took company accounting records and stole money. She further interfered with defendant's opportunity to purchase other investment property.

Result

The jury returned a verdict for the plaintiff and awarded her $2,183,402 for her share in the properties sold, $5,054,625 for her share in properties still held; $966,793 in non-economic damages, $1,125,000 in punitive damages, and $187,249 in pre-judgment interest.

Other Information

The court granted plaintiff's motion for nonsuit as to defendant's cross-complaint. Ronald Makarem (Makarem & Associates, Los Angeles) at one point represented plaintiff in this case.

Deliberation

one day

Length

12 days


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