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Real Property
Fraud
Breach of Fiduciary Duty

Byung Soon Lee and Byung Kook Lee v. Harold S. Cha; Kate Cha; Chuk Gu Cho and Myung Ja Cho

Published: Aug. 15, 1998 | Result Date: Jun. 28, 1998 | Filing Date: Jan. 1, 1900 |

Case number: BC125892 Verdict –  $348,294

Judge

Kenneth R. Freeman

Court

L.A. Superior Central


Attorneys

Plaintiff

Lynn O. Poulson


Defendant

Daniel J. DeSario


Experts

Plaintiff

Harold Reid
(technical)

Defendant

Thomas M. Andersen
(technical)

Facts

In April 1992, plaintiff Byung Soon Lee, a 50-year-old retired music teacher, and her sister Byung Kook Lee, who remains in Korea, invested $151,000 cash in desert land sold to them by defendants Harold Cha, Kate Cha, Chuk Gu Cho and Myung Ja Cho. The plaintiffs alleged the land was heavily encumberred, and their interest was, in fact, valueless. The plaintiffs brought this action against the defendants based on fraud, negligence, negligent misrepresentation, intentional misrepresentation and breach of fiduciary duty. The plaintiffs also sought punitive damages.

Settlement Discussions

The plaintiffs made a settlement demand for $151,000. The defendants made no offers.

Specials in Evidence

$151,000 $97,294

Damages

The plaintiffs claimed $151,000 in compensatory damages plus interest ($97,294) from April 1992.

Other Information

The verdict was reached approximately three years and three months after the case was filed. ARBITRATION: An arbitration was held before David J. Morris resulting in an award of $151,000 principal, plus interest at 10 percent and costs. The defendants requested a trial de novo.

Deliberation

two hours

Poll

12-0 (all)

Length

six days


#114967

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