John Mass & Joann Mass (Greg K. Webster, as Chapter 11 Trustee for the Bankruptcy estate of John & Joann Mass) v. Alfred A. Affinito, et al.
Published: Oct. 2, 1993 | Result Date: Jul. 30, 1993 | Filing Date: Jan. 1, 1900 |Case number: C8903921 – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Stephen J. Thomas
(Landing Law Offices PC)
Defendant
Experts
Plaintiff
Ronald E. Mallen
(technical)
Defendant
John Hetland
(technical)
Facts
Plaintiffs, John and Joann Mass, had employed Defendant Alfred Affinito in mid July of 1987 to negotiate with the Bank of Stockton to re-acquire property (758 acres of undeveloped land, slated for residential development) previously held in Plaintiffs' names; (lost by Plaintiffs in foreclosure). Defendants lawyer and his associates acquired a lease/option to purchase the properties.
Settlement Discussions
Plaintiffs contend there were no productive settlement discussions. Defendants contend Michael J. Affinito offered $5,000 in 1991.
Damages
No damages were introduced in this liability only phase; the damage phase of this bifurcated trial is set for early 1994. (Plaintiff valued the property at $9,500,000.)
Result
Alfred Affinito was found by the jury liable for fraud, intentional breach of fiduciary duty, negligent misrepresentation, and concealment; Affinito-controlled company, Affinity Land and Construction Company was found liable for conspiracy to defraud and breach of fiduciary duty; negligence and malpractice claims were barred by statute of limitations.
Deliberation
2 days
Poll
12-0
Length
2 weeks
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