This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Securities
Breach of Fiduciary Duty
Stock Investment

Lawrence Ngou v. DeWaay Financial Network LLC, Lawrence Michael LaBine a/k/a Larry LaBine

Published: Feb. 26, 2011 | Result Date: Jan. 19, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 10-00064 Arbitration –  $100,000 upon assignment of interests in the Domin-8 investment

Court

FINRA


Attorneys

Claimant

Peter Brown Dolan


Respondent

Alan S Baskin

Elizabeth M. Del Cid

Samuel Y. Edgerton III
(O'Hagan Meyer LLC)


Facts

Lawrence Ngou filed an action against DeWaay Financial Network LLC and Lawrence Michael LaBine a/k/a Larry LaBine in relation to investments placed in Behringer Harvard and KBS REITs and Domin-8.

Contentions

PLAINTIFF'S CONTENTIONS:
Claimant alleged breach of fiduciary duty based on suitability and failure to supervise, negligence, common law fraud, California Corporations Code Section 25401 violations, California Welfare and Institutions Code Section 15600 violations (The California Elder Abuse and Dependant Adult
Civil Protection Act), and California Civil Code Section 3345 violations.

DEFENDANTS' CONTENTIONS:
Respondents denied the claims of misconduct.

Damages

Claimant sought $398,000 in compensatory damages, $100,000 in consequential damages, $100,0000 in compensation for emotional distress, and punitive and exemplary damages.

Result

The arbitration panel awarded $100,000 as against respondents jointly and severally upon the condition that the claimant will assign any bankruptcy proceeds from Domin-8 to respondents.


#104365

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390