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Corporations
Breach of Contract
Defalcation

Jeng Cheng Ho v. Shih-Ming Hsieh

Published: Dec. 13, 2008 | Result Date: Jun. 3, 2008 | Filing Date: Jan. 1, 1900 |

Case number: BC353642 Bench Decision –  for Plaintiff

Court

L.A. Superior Central


Attorneys

Plaintiff

John C. O'Malley

Ward J. Lott


Defendant

John S. Chang


Experts

Plaintiff

Gary G. Capata
(technical)

John DeQ Briggs
(Axinn, Veltrop & Harkrider LLP) (technical)

Defendant

James Miao
(technical)

Facts

This action involved the right to recover a former president's stock in a closed corporation pursuant to defalcation theories.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that based on the former president's prior defalcations, the company was entitled to recover 50 percent of the stock in a corporation as held by the former president and/or his wife. In return, the company need pay nothing.

DEFENDANT'S CONTENTIONS:
The defendant contended that the company had no right to recover the stock and if it did, it needed to pay at least $8 million in compensation.

Damages

The defendant claimed $8 million in compensation for stock shares was necessary.

Result

The plaintiff prevailed. The defendant received nothing for the stock.

Other Information

FILING DATE: June 8, 2006.


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