Frances Kozin v. Giantceutical Inc., Jackson Wen
Published: Aug. 10, 2004 | Result Date: Jun. 4, 2004 | Filing Date: Jan. 1, 1900 |Case number: BC296015 Verdict – $121,736
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Michael J. Faber
(Law Offices of Michael J. Faber)
Defendant
Curtis C. Jung
(Jung & Yuen LLP)
Facts
The plaintiff was a 66-year-old marketing consultant for the defendant Giantceutical Inc., a manufacturer and supplier of nutritional supplements. Her contract ran for one year, commencing March 6, 2001, ending March 6, 2002. The plaintiff referred an acquaintance, Dr. Michael Nassar to the defendant, who retained Dr. Nassar also pursuant to a one-year contract. The defendants terminated Dr. Nassar's contract after several months, following which he sued them for breach of contract. The defendants thereafter terminated the plaintiff's contract in October 2001, with five months left to run. The plaintiff filed two separate complaints with the Labor Board. The first labor complaint for discrimination was dismissed for insufficient evidence. The second labor complaint for wages was settled in June 2002 for $3,000. In July 2002, the defendants sued the plaintiff and alleged fraud, professional negligence, breach of contract and equitable indemnity, alleging that the plaintiff was liable for their legal problems stemming from the termination of Dr. Nassar's contract. Demurrer's to the professional negligence and equitable indemnity causes of action were sustained without leave to amend, and demurrers to the fraud and breach of contract causes of action were sustained with leave to amend. The defendants thereupon voluntarily dismissed the lawsuit without prejudice. The plaintiffs thereupon sued the defendants alleging malicious prosecution and breach of contract.
Settlement Discussions
The plaintiff demanded $70,000 before trial; the defendant offered $20,000.
Damages
The plaintiff alleged $16,095 in contract damages; $5,640 in attorney fees and costs defending the underlying lawsuit and emotional distress damages for the five months that the lawsuit against her had been pending.
Result
Verdict for the plaintiff for $121,736 ($16,095 contract damages; $5,640 attorney fees and costs; $72,750 emotional distress damages; $27,250 punitive damages).
Deliberation
three days
Length
11 days
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