Confidential
Settlement – $5,000Judge
Court
Placer Superior
Attorneys
Plaintiff
Defendant
Steven H. Gurnee
(Gurnee, Mason & Forestiere LLP)
Facts
In March of 1995, the plaintiff, a 54-year-old retired paint salesman, alleged the defendants wrongfully and maliciously filed a cross-complaint against him for indemnity and fraud in an underlying action in which the defendants were sued for malicious prosecution by the same plaintiff's attorney. The plaintiff brought this action against the defendants based on a malicious prosecution theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $450,000 which was reduced to $250,000 on the first day of trial, $100,000 on the second day of trial and $30,000 on the third day of trial. The defendants offered $5,000, which was accepted on the evening of the third day.
Damages
Attorneys fees of $21,000 to defend the underlying action.
Injuries
The plaintiff suffered emotional distress.
Other Information
The settlement was reached approximately one year and eight months after the case was filed. An arbitration was held on Oct. 19, 1999, resulting in an award of _____________ to plaintiff. The court bifurcated the trial of the issue of probable cause to be tried to a judge with an advisory jury. The case settled following cross-examination of plaintiff's first witness who repeatedly admitted his untruthfulness and attested to plaintiff's lack of credibility.
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