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Business Law
Professional Negligence
Fiduciary

Bayer International Group Inc. v. Tetsuo Kitagawa, Richard Izumi, et al.

Published: Aug. 20, 2002 | Result Date: Jun. 6, 2002 | Filing Date: Jan. 1, 1900 |

Case number: BC215777 Verdict –  $0

Court

L.A. Superior Central


Attorneys

Plaintiff

Morris S. Getzels
(Morris Getzels Law Office)


Defendant

Mark S. Priver


Facts

The plaintiff corporation was formed to pursue a variety of business opportunities in the former Soviet Republics.
The plaintiff claimed to have the right and ability to develop a timber project that required financing of $130
million.
It contacted the defendant, at that time a partner in Ernst & Young, about the possibility of his firm serving as
the plaintiff's accountants.
The defendant was shown the plaintiff's business plan.

The plaintiff did not, ultimately, retain the defendant or Ernst & Young.
The defendant began to assemble a holding company which comprised some of the individuals he had met
through the plaintiff. This company invested $500,000 in a public company called Nevada Manhattan Inc. for
which the holding company received 5.5 million restricted shares of stockand 70 million options to purchase
additional stock at $0.35 per share.
The plaintiff subsequently transferred its timber project, along with a number of other natural resource projects
it claimed to be developing to Nevada Manhattan.
When the plaintiff discovered the deal that the defendant and his investment group had
made, it sued.

Damages

The plaintiff claimed $24 million in revenues as its damages together with a controlling interest in Nevada Mountain.

Other Information

The court granted summary judgment on the plaintiff's interference-with-advantageous-relations claim, finding that the plaintiff had failed


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