Fu-Ann Palm Springs Partners v. Westmark Communities, Bird and Dalby
Published: May 18, 2002 | Result Date: Mar. 25, 2002 | Filing Date: Jan. 1, 1900 |Case number: 00CC00093 Bench Decision – $0
Facts
The plaintiffs brought this action for breach of contract, breach of fiduciary duties and fraud against defendants
based upon a partnership agreement entered into between plaintiff and defendant, Westmark Communities.
The plaintiff further sought damages against the individual defendants on the basis of alter ego and upon
claims that the individual defendants made the material misrepresentations relating to the profitability of the
partnershipÆs large-scale housing project and diverted partnership assets for their own use.
Settlement Discussions
Defendant Steve Dalby offered $20,000 one month prior to trial to avoid expense of the trial. The plaintiff rejected this offer to settle by defendant Steve Dalby. The corporate defendants initially offered to pay the plaintiff approximately $400,000 in installments. This offer was eventually rejected the corporate defendants were judgment proof and the individual defendants would not guarantee the payments.
Result
Defense Verdict for all defendants on all eight causes of action.
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