Broadway Victoria LLC v. Norminton, Wiita & Fuster, Thomas M. Norminton, Thomas M. Norminton PC
Published: Jun. 13, 2015 | Result Date: May 19, 2015 | Filing Date: Jan. 1, 1900 |Case number: SC119091 Verdict – Defense
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Jonathan B. Cole
(Nemecek & Cole)
Experts
Plaintiff
Bradley Lofgren
(technical)
Kathleen March
(technical)
Gary M. Tenzer
(technical)
Christopher E. Rolin
(technical)
Defendant
George E. Schulman
(technical)
Brian Bregman
(technical)
Dennis Greenwald
(technical)
Gary A. Waldron
(technical)
Facts
Plaintiff Broadway Victoria LLC had hired defendants Norminton, Wiita & Fuster and Thomas M. Norminton to represent it in an underlying action for breach of the right of first refusal. Summary judgment was granted against plaintiff based on a lack of standing to sue.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants committed legal malpractice and breached their fiduciary duty in their representation of plaintiff. Plaintiff also claimed that defendants failed to advise it that its bankruptcy attorneys had committed malpractice and failed to timely refer it to legal malpractice counsel.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations.
Result
Defense verdict. The jury found no breach of duty of care. Nonsuits granted on breach of fiduciary duty cause of action and based on lack of duty to advise of malpractice of bankruptcy counsel and to refer to malpractice counsel.
Other Information
FILING DATE: Nov. 15, 2012.
Deliberation
three hours
Poll
9-3 (defense)
Length
15 days
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