Videotape Plus, Inc. v. Lyons
Published: Aug. 27, 2002 | Result Date: Jul. 30, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC219453 Bench Decision – $443,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Jeffrey Lewis
(Jeff Lewis Law APC)
Defendant
Gary S. Brown
(Law Offices Gary S. Brown)
Facts
In 1996, the defendant Vincent J. Lyons, the owner of Dubs Inc., and Gerald Cunningham, the attorney for Dubs
Inc., encouraged and caused Dubs Inc. to sue a number of parties, including Videotape Plus Inc. and its
president, Marshall W. Brehm, for fraud, negligence and conversion.
In 1997, the fraud and negligence claims were dismissed after Videotape Plus and Brehm filed a motion for
summary judgment. The conversion claim was ultimately dismissed when the court issued terminating
sanctions for Dubs' discovery misconduct.
In 1999, the plaintiffs Videotape Plus and Brehm brought the subject action for malicious
prosecution based solely on the fraud and negligence causes of action. The plaintiffs sought
recovery of their attorney fees in excess of $220,000, emotional distress, lost business income
and other damages.
Settlement Discussions
No significant settlement discussions occurred until after the trial court granted summary judgment against the prior attorney, Cunningham, and found probable cause lacking with respect to the remaining defendants.
Damages
Attorney fees incurred in the prior, maliciously prosecuted lawsuit and emotional distress.
Other Information
The plaintiffs obtained summary judgment for $213,184 against the defendant Cunningham and a settlement of $230,000 against Lyons and Dubs.
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