Mohammad Ali and Dacia Burz Djirbandee v. Jerry I. Schaefer, et al.
Published: Jun. 24, 1995 | Result Date: May 31, 1995 | Filing Date: Jan. 1, 1900 |Case number: N63265 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Michael I. Neil
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
Harvey L. Pedersen
(technical)
Jaime A. Cerros
(technical)
James R. Recht
(technical)
Donald T. Weckstein
(technical)
Defendant
James M. Allen
(technical)
Facts
Plaintiffs Mohammad Ali and Dacia Burz Djirbandee had loaned $170,000 (secured by real property) to an attorney named Boothby who had previously been convicted of a felony and was subsequently admitted to the California Bar. Plaintiffs did not obtain an appraisal of the property securing the loan or do a background check on the borrower, despite knowledge of the felony conviction for fraud on a prior loan application. Plaintiffs went to Defendant Jerry I. Schaefer (of Schaefer & Smith, a professional (law) corporation) a real property expert; he recommended a non-judicial foreclosure which would not allow for a deficiency judgment because it was faster and, under the circumstances, more convenient. Plaintiffs foreclosed at a non-judicial sale on June 29, 1993. After taking possession of the property, Plaintiffs found evidence of ownership of a trust deed in the amount of $100,000 on the part of Boothby and wanted to proceed against Boothby for fraud.
Settlement Discussions
Defendant contends Plaintiff offered to settle for $60,000 early in the litigation.
Damages
Initially punitive damages were claimed; but the case went to the jury on the property damage, slightly in excess of $100,000.
Deliberation
2.5 hours
Poll
10-2
Length
7 days
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