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.

Torts
Breach of Fiduciary Duty
Negligent Security

John H. Mohar v. The Williams Group, LLC, John Bowker, The Bowker Family Trust, Ham Delles Company, Craig Delles, Genie Delles

Published: Dec. 13, 2008 | Result Date: Oct. 6, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 240192 Bench Decision –  Defense

Court

Sonoma Superior


Attorneys

Plaintiff

Jerry B. Abbott


Defendant

Jerry Desmond


Experts

Defendant

Richard N. Stuart
(technical)

Facts

Sometime prior to June 17, 2005, plaintiff John Henry Mohar, age 69 years old, leased a warehouse, which was burglarized and his property stolen. Mohar leased the warehouse from defendants The Williams Group (TWG) and The Bowker Family Trust (TBFT).

Mohar filed suit against TWG, TBFT, and defendants John B. Bowker, Ham Delles Company, Craig Delles, and Genie Delles for negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
Mohar contended that the burglar entered through an unlocked warehouse adjacent to the one he had leased, and claimed defendants were responsible for negligently leaving this adjacent warehouse unsecured.

DEFENDANTS' CONTENTIONS:
The defendants claimed that the adjacent warehouse was properly secured and that it was more likely the burglar entered Mohar's unit directly.

Settlement Discussions

Mohar offered $163,000 to settle. Defendants offered $5,001.

Damages

Mohar claimed damages in the amount of $163,000 for his stolen property, which included furniture and antiques.

Result

The court granted defendants' motion for nonsuit.

Other Information

California Capital Insurance for the defendants.


#121980

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

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