Robert Jaffe v. Lester McDonald, et al.
Published: Mar. 16, 1996 | Result Date: Jan. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: 672621 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James A. Hennenhoefer
(technical)
Donald L. Kripke
(medical)
Defendant
Peter R. Thompson
(Judicate West)
(technical)
Facts
On January 11, 1993, the defendant, Lester McDonald, Esq., was instructed by his client, the plaintiff, Robert Jaffe, to obtain a restraining order against the plaintiff's ex-grilfriend, Christine Sinclair. The plaintiff alleged that the defendant told him that he did not need to attend the hearing because such requests were granted as a matter course. The plaintiff's ex-girlfriend appeared at the hearing to obtain a restraining order and complained to the court three times that the defendant was also her attorney. The court gave the defendant, McDonald, the choice of a mutual restraining order or dismissal of his client's (the plaintiff's) application. The plaintiff alleged that the defendant was given a chance by the court to object to the choices. The defendant alleged that he elected the mutual restraining order rather than allowing the plaintiff's application to be dismissed. The defendant, McDonald, was subsequently sued by the plaintiff for legal malpractice, breach of fiduciary duty, fraud and negligent and intentional infliction of emotional distress.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $99,000 which was increased to $190,000 before trial. The defendant made a C.C.P. º998 offer of compromise for $5,000 which was reduced to $0 before trial.
Damages
The plaintiff claimed $34,000 in attorney's fees which he alleged were necessary to vacate the mutual restraining order.
Injuries
The plaintiff alleged that he suffered emotional distress as a result of the defendant's malpractice and claimed an unspecified amount for emotional distress damages. Per the defendant, the damages were $7,000,000.
Result
Post trial motions have not been settled. The plaintiff has sought to vacate the order which it deemed to be erroneous. SETTLEMENT CONFERENCE: A settlement conference was held in March of 1995, before Judge James A. McIntyre of San Diego Superior court which failed to resolve the matter.
Other Information
The verdict was reached approximately two years after the case was filed. Per the defendant, the plaintiff used a jury consultant and did a mock trial before the actual trial.
Deliberation
2 hours (per the defendant) 4 hours (per the plaintiff)
Poll
N/A
Length
6 days
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