This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Banking
Loan Agreement
Fraud and Misrepresentation

Tony Struyk v. David Meltzer

Published: Nov. 15, 2008 | Result Date: Mar. 14, 2008 | Filing Date: Jan. 1, 1900 |

Case number: GIC874473 Verdict –  $477,098

Court

San Diego Superior


Attorneys

Plaintiff

Bart M. Blechschmidt
(Law Offices of Bart Blechschmidt)


Defendant

John A. Mayers
(Mulvaney, Barry, Beatty, Linn & Mayers LLP)


Facts

Plaintiff Tony Struyk loaned $500,000 to defendant David Meltzer and his business partner. The loan was secured by the homes of both Meltzer and his business partner. Although Meltzer's business partner paid back a portion of the loan, Meltzer refused to pay back the remaining amount. Meltzer quitclaimed the deed for his home to his wife, Julie Meltzer, as sole and separate property. Prior to the conveyance, the Meltzers had jointly owned the home.

Contentions

PLAINTIFF'S CONTENTIONS:
Struyk contended that Meltzer fraudulently conveyed the home to his wife in order to avoid collection of the outstanding loan amount.

Settlement Discussions

Stuyk maintained that Meltzer refused to settle the suit.

Damages

Stuyk claimed damages in the amount of $380,189.72, which included principal and interest up to the time of trial.

Result

The jury returned a unanimous verdict awarding Stuyk $477,098 in damages.

Deliberation

two hours

Poll

12-0

Length

three days


#121335

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390