Gregorio M. Gonzalez v. Jeff M. Toews, Loren Toews, Golden State Mortgage Corporation, Clifford Edward Stanley, Santa Clara County, et al.
Published: Nov. 26, 2005 | Result Date: Sep. 6, 2005 | Filing Date: Jan. 1, 1900 |Case number: 199CV785199 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
George Miller
(technical)
Defendant
Norman C. Hulberg
(technical)
Edward Neiderberger
(technical)
Facts
In 1988, Gregorio Gonzalez purchased 22 acres of undeveloped land in Milpitas. Gonzalez purchased the land for $250,000. In 1990, Golden State Mortgage Co. obtained and recorded a $2,000 money judgment against Gonzalez. As a result, a lien was placed on Gonzalez's property. Thereafter, Golden State sought to have the property sold by the sheriff's office. The instructions for sale described Gonzalez's property as vacant land. Further, Gonzalez's address was listed as being in San Jose. The sale of the property was halted when Gonzalez filed for bankruptcy. However, upon dismissal of the bankruptcy, the property was sold at a sheriff's sale. A copy of the notice of sale was posted on a fence near the property and another copy was mailed to Gonzalez's residence in San Jose. Gonzalez sued Golden State; its principal Clifford Stanley; the County of Santa Clara; the County Sheriff's Department; and Jeff and Loren Toews, the purchasers of the property. Gonzalez alleged breach of mandatory duty and fraud. Golden State, Stanley and the Toews were all dismissed. A cause of action against the County remained.
Settlement Discussions
The plaintiff demanded $750,000 and the defendant offered $50,000.
Damages
The plaintiff sought $900,000 in special damages which reflected the claimed fair market value of the property. The plaintiff also sought $450,000 for pain and suffering associated with his health problems. The plaintiff's total claim for damages was $1.35 million. The defense claimed the fair market value of the property was $600,000.
Result
The jury returned a defense verdict. The plaintiff filed his Notice of Appeal on October 17, 2005 with the Sixth District Court of Appeal and the Santa Clara County Superior Court (Appeal Number H029474).
Other Information
Post trial, the defendants plan to seek statutory costs of approximately $40,000.
Deliberation
two hours
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390