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Contracts
Breach of Contract
Breach of the Implied Covenant of Good Faith and Fair Dealing

Khaled Abualrejal v. Shogy Ahmed, Saleh Saleh, Hulad Saleh, Halim Saleh, Cliffside Investment LLC, Ocean Waves LLC, Wells Fargo & Co., Wells Fargo N.A., and Does 1 to 20

Published: Sep. 8, 2017 | Result Date: Aug. 3, 2017 | Filing Date: Apr. 6, 2016 |

Case number: 15CECG03604 Summary Judgment –  Defense

Judge

Alan M. Simpson

Court

Fresno County Superior Court


Attorneys

Plaintiff

Sofian S. Dawood
(Law Office of Sofian S. Dawood)


Defendant

Gerrick M. Warrington
(Frandzel, Robins, Bloom & Csato LC) for Wells Fargo

Michael J. Gomez
(Frandzel, Robins, Bloom & Csato LC) for Wells Fargo

David M. Gilmore
(Gilmore, Magness & Leifer APC) for Shogay Ahmed, Saleh Saleh, Hulad Saleh, Halim Saleh, Cliffside Investments LLC, Ocean Waves LLC

Karine Akopchikyan
(Stubbs Alderton & Markiles) for Shogay Ahmed, Saleh Saleh, Hulad Saleh, Halim Saleh, Cliffside Investments LLC, Ocean Waves LLC

Krista M. Ostoich
(Law Office of Krista M. Ostoich) for Halim Saleh


Facts

Khaled Abualrejal sued Shogy Ahmed, Saleh Saleh, Hulad Saleh, Halim Saleh, Cliffside Investment LLC, Ocean Waves LLC, Wells Fargo & Co., and Wells Fargo NA, involving a business dispute.

Contentions

PLAINTIFF'S CONTENTIONS: The individual defendants allegedly willfully and maliciously conspired to harm him by, among other things, transferring his assets to defendants' businesses and personal bank accounts. Plaintiff alleged that Wells Fargo perpetrated defendants' wrongful acts. Plaintiff asserted 41causes of action, including, inter alia, breach of contract, breach of fiduciary duty, battery, assault, fraud, invasion of privacy, trspass, non-payment of wages, and defamation.

As against defendant Wells Fargo, plaintiff asserted causes of action for negligent supervision and breach of fiduciary duties (failure to use reasonable care).

DEFENDANTS' CONTENTIONS: Wells Fargo denied the allegations and asserted various affirmative defenses.

Damages

Abualrejal sought no less than $180,000 in compensatory damages; no less than $250,000 in emotional distress damages; $60,000 in special damages; no less than $250,000 in exemplary and punitive damages; interest; attorney fees and costs; and other relief.

Result

The court previously granted judgment on the pleadings in Wells Fargo's favor regarding all causes of action asserted against it. Abualrejal failed to file an amended pleading within the time allowed, and subsequently, the court granted Wells Fargo's motion for judgment. Accordingly, the court entered judgment in Wells Fargo's favor.


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