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Victor Suslovsky v. Credit Suisse First Boston, LLC, Thomas . Galvin and Frank P. Quanttrone

Published: Mar. 25, 2006 | Result Date: Nov. 28, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 0500101 –  $0

Judge

Jarrott T. Miller

Amy Seltzer

Julie D. Soo


Attorneys

Plaintiff

Timothy A. Canning


Defendant

Clifford Thau

Kenneth G. Hausman
(Arnold & Porter Kaye Scholer LLP)

Michael J. Lawson


Facts

The claimant is Viktor Suslovsky. The respondents are Credit Suisse First Boston LLC (CSFB), Thomas Galvin and Frank Quattrone. In regard to investments in various securities, the claimants alleged fraud, negligence, breach of contract and breach of fiduciary duty. Included in the claims were investments in Lucent, IBM, AOL, Compaq, Excite.com, Microsoft, Novell and 3COM.

The respondents denied the claims and any liability to the claimant.

Damages

The claimant sought damages totaling $376,000 or more based on proof, interest at the statutory rate of 10 percent, reimbursement to cover the reasonable costs in the prosecution of the claim. Included in this figure were filing and hearing session fees. The claimant also sought punitive and exemplary damages. Per his Sept. 29, 2005 Supplement to Statement of Claim, the claimant requested damages totaling $376,000 plus interest. He also sought other and further relief that the panel found to be appropriate. Further, he requested that the panel reconsider its previous ruling. He also requested that it reinstate all the causes of action against all the parties and re-open discovery. Respondent CSFB requested dismissal of the claims. Alternatively, it requested the panel require the claimant to file a more definite statement of claim. Per its Oct. 31, 2005 Renewed Motion to Dismiss, respondent CSFB requested that the claims be dismissed in their entirety with prejudice. Respondent Galvin requested that the claims be dismissed with prejudice. He also requested costs and expenses, which included reasonable attorney fees. He also requested such other relief found to be just and proper. Per his Oct. 31, 2005 Renewed Motion to Dismiss Claimant's Supplemental Statement of Claim, respondent Galvin requested dismissal of the fraud claim with prejudice. Further, he requested denial of the claimant's motion to reconsider and a reinstatement of the pleadings. He also requested costs and expenses, which included reasonable attorney fees, as well as such other relief found to be just and proper. Respondent Quattrone requested dismissal of the claims without a hearing. Alternatively, he requested that the claimant be required to submit a more definite statement. Per his response to the Oct. 31, 2005 Claimant's Supplement to Statement of Claim, respondent Quattrone requested dismissal of the fraud claim with prejudice. He also requested denial of the claimant's request for reconsideration.

Result

The panel decided to grant the respondents' motions to dismiss. Accordingly, all claims by the claimant, including the claims for punitive and exemplary damages, are dismissed. Further, each party shall bear its own costs, including attorney fees. All other relief not expressly granted is denied.


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