Joseph Aloisio v. Richard McClure Hodges, Deborah Hodges, et al.
Published: Jun. 29, 1996 | Result Date: May 13, 1996 | Filing Date: Jan. 1, 1900 |Case number: C9520209EAI – $443,720
Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Facts
From 1981 until 1994, the plaintiff, Joseph Aloisio, transferred approximately $450,000 to defendant Deborah Hodges. Defendants Richard and Deborah Hodges ("the Hodges") began living together in October of 1988 and were married in October of 1991. The plaintiff alleged he did not learn of the marriage until January of 1995. During the time the defendants were living together, the plaintiff transferred $249,430 to defendant Deborah Hodges. After the defendants' marriage (October, 1991), the plaintiff transferred $111,315. The plaintiff brought this action against the defendants based on money lent, money had and received, breach of contract and conspiracy to commit fraud by intentional misrepresentation, concealment and false promise theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $50,000 to Richard Hodges alone, with a judgment for the prayer to be entered against Deborah Hodges with a stipulation from her admitting fraud. The defendant Richard Hodges made a settlement offer of $5,000. The defendants (before Deborah Hodges filed for bankruptcy) made a joint settlement offer of $25,000.
Damages
The plaintiff claimed $249,430 (per the plaintiff) or $435,000 (per the defendants) in damages, plus prejudgment interest.
Other Information
The verdict was reached approximately one year and four months after the case was filed. A settlement conference was held on April 5, 1996 before Magistrate Patricia Trumbull of the United States District Court resulting in no settlement.
Deliberation
3 hours
Poll
8-0
Length
5 days
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