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Contracts
Breach of Contract
Breach of Warranty

Dino Leyva v. Kelley Kays Thompson, and Kelley Kays Thompson as the Administrator of the Estate of Sun Kays

Published: Mar. 8, 2014 | Result Date: Dec. 20, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 56-2012-00417196-CU-BC-VTA Verdict –  $120,071

Court

Ventura Superior


Attorneys

Plaintiff

Robert M. Ross


Defendant

Michael Sudman


Facts

Plaintiff Dino Leyva advanced funds to defendant Kelley Kays Thompson. Defendant denied liability to repay.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff and defendant's mother were business partners. Plaintiff advanced funds to defendant after defendant's mother died and while the probate of her mother's estate was pending. Plaintiff made no claim against the estate because the funds were a personal loan to defendant.

DEFENDANT'S CONTENTIONS:
Defendant claimed that any funds advanced should have been claimed in the mother's estate, and that any funds advanced belonged to defendant's mother and therefore there was no obligation to repay plaintiff.

Settlement Discussions

Plaintiff offered to settle for $75,000 pre-trial. Defendant made no offer at the Mandatory Settlement Conference.

Result

Jury verdict for plaintiff in the sum of $120,071.

Other Information

FILING DATE: May 11, 2012.

Deliberation

2.5 hours

Poll

12-0 (liability), 11-1 (damages)

Length

four days


#101764

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