Scoey Mitchlll v. Lanark Properties, Ltd.; Rita Rosen; Charles B. Ruse; Sheila Morris; Jeffrey Morris; Alpha International, Inc., et al.
Published: Sep. 6, 1997 | Result Date: May 23, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC121014 Verdict – $354,660
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Warren O. Hodges
(Ritt, Tai, Thvedt & Hodges, LLP)
Hillary Arrow Booth
(Booth LLP)
Facts
In November 1993, plaintiff Scoey Mitchlll, an entertainer and businessman, leased commercial warehouse space from the defendants for the storage of classic cars and parts after closing daily operations of his classic car parts business. He also stored other miscellaneous business and personal items at the location in Panorama City. After 8 months into the lease, when the plaintiff had missed paying $1,400 rent, by less than one month, the defendants declared the real and personal property "abandoned" and proceeded to sell the plaintiff's cars and other personal property. When the plaintiff learned from the classic car parts industry people that his cars and car parts were being offered for sale by the defendants, the plaintiff filed suit and procured an injunction prohibiting any further sales of his property until the matter was resolved. The plaintiff contended the total value of the property was close to $500,000. The plaintiff brought this action against the defendants based on a conversion theory of recovery. The defendants cross-complained for breach of lease for non-payment of rent and for a storage lien for storing the cars they did not sell. The defendants further contended that they believed the property at the premises was of little value. The individual defendants settled for payment of $220,000 after the jury verdicts. The defendants have returned the plaintiff's personal property.
Settlement Discussions
The plaintiff made a settlement demand for $385,000, plus the return of his items. The defendants made a settlement offer of $100,000, plus the return of items in their possession.
Damages
The plaintiff claimed $354,660 in damages for the value of the personal property sold by the defendants, plus the return of all the plaintiff's personal property still in the defendants' possession except two vehicles.
Other Information
The plaintiff's motion for approximately $127,000 in litigation fees and costs is still pending. The non-settling defendants' motion for new trial on amount of damages is also pending. Liability for punitives was found but the jury hung on the amount. The court then required the plaintiff to elect between retrial of the entire case or waiver of punitive damages pursuant to Civil Code º3295. On May 28, 1997, the plaintiff elected to waive punitives rather than retry the entire case. On June 2, 1997, and prior to entry of judgment in this case, the California Supreme Court issued its opinion in Torres v. Automobile Club of Southern California, 97 Daily Journal D.A.R. 6919, allowing a retrial of the punitive damages phase of a trial, by a different jury, without retrying the entire matter. The plaintiff filed a motion for a new trial as to the punitive damages phase only, based on the Torres Case. However, the court denied the motion on the basis that the plaintiff was estopped because the defendants had already waived any further insurance coverage as part of a partial settlement after the verdict.
Deliberation
3 days (liability); 1½ days (punitive)
Poll
___-___ (# pls.)
Length
7 days (liability); ½ day (punitive)
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