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Contracts
Breach of Contract
Fraud and Misrepresentation/Malicious Prosecution

Churk-Ying Ko v. Rosa Cruz

Published: Feb. 2, 2008 | Result Date: Nov. 20, 2006 | Filing Date: Jan. 1, 1900 |

Case number: BC316522 Verdict –  Nonsuit

Court

L.A. Superior Central


Attorneys

Plaintiff

Bill W. Lew


Defendant

Scott A. Meehan
(Law Office of Scott A. Meehan)


Facts

Defendant Rosa Cruz filed a complaint to evict plaintiffs Churk-Ying Ko and Ling-Ling Li, the owners of a market. A jury rendered a verdict in favor of Ko and Li. Plaintiffs filed a malicious prosecution complaint.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged that defendant had no probable cause upon which to file her eviction action.

DEFENDANT'S CONTENTIONS:
The defendant maintained that her prior action had been filed in good faith.

Settlement Discussions

The plaintiffs demanded $200,000. The defendant offered $100,000.

Damages

The plaintiffs sought to recover their attorney fees and costs incurred in the prior action and over $1 million for their emotional distress.

Injuries

Plaintiffs alleged emotional distress.

Result

The court entered a judgment of nonsuit, and awarded defendant $119,520 on defendant's post-trial motion for attorney fees.


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