Facts

Plaintiff Charles Imbus, M.D., a pediatric neurologist, was member of a general partnership that owned a medical building in Arcadia with defendant Vincent Fortanasce, M.D., and Michael Fortanasce, Ph.D, a third party. Plaintiff brought an arbitration demand against Dr. Fortanasce in relation to their agreement.

Dr. Fortansce brought a counter-demand against Dr. Imbus.

PLAINTIFF'S CONTENTIONS:
Dr. Imbus alleged that Dr. Fortanasce failed to pay rent owed for the space he occupied and that Dr. Fortanasce improperly spent partnership funds without Dr. Imbus' authorization. Dr. Imbus sought compensatory damages, together with punitive damages, interest, attorney fees and costs.

DEFENDANT'S CONTENTIONS:
Dr. Fortanasce contended that he was not required to pay the rent demanded under the partnership agreement or any lease, and that it was never agreed that rent would be paid based on relative occupancy or usage of space. Defendant claimed that he equally shared rents obtained from third parties, and that all claims related to rent were barred by estoppel, waiver or statutes of limitation. He further contended that there was no wrongful ouster of Dr. Imbus from the property, and that renovations that were made were approved by Dr. Imbus, but in any event resulted in no damages.

Settlement Discussions

Plaintiff demanded approximately $1 million. Defendant offered $150,000.

Damages

Plaintiff sought compensatory damages totaling approximately $2.5 million, together with punitive damages, interest, attorney fees and costs.

Result

Award in favor of defendant on all claims.

Other Information

Defendant's motion to recover attorney fees and costs in the net amount of $689,000 was granted, including attorney fee enhancement of $58,500. The award has been fully paid. FILING DATE: Sept. 18, 2014.