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Fraud
Conversion

Hamid Khazaeli v. David Brewer

Published: Jun. 19, 2020 | Result Date: Mar. 9, 2020 | Filing Date: May 4, 2017 |

Case number: 17CV310507 Verdict –  Defense

Judge

Maureen A. Folan

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Michael N. Berke
(Law Office of Michael N. Berke)


Defendant

John S. Claassen
(Claassen, Professional Corporation)


Facts

Hamid Khazaeli filed a lawsuit against Globo Mobile Technologies alleging its failure to hire him was discriminatory and or retaliatory and violated public policy. Khazaeli obtained a verdict against Globo totaling $5.1 million. In trying to collect the judgment, Khazaeli served Former NT Corp, or FNC, and its chairman, David Brewer, with an Order for Appearance and Examination and Document Subpoena. Globo eventually became insolvent and adjusted the allocation of disbursements it received for payments towards the judgment against it.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants were successors in interest through an indemnity clause in defendants' Asset Purchase Agreement. Plaintiff also contended that his lawsuit was covered under defendant's Asset Purchase Agreement's indemnification clause. Plaintiff further contended that defendants engaged in fraudulent conveyance and conversion.

DEFENDANTS' CONTENTIONS: Defendant denied the contentions and contended that they transferred the money before entry of the judgment so there was no fraudulent conveyance.

Damages

Plaintiff claimed $950,000.

Result

The jury found for the defense.

Poll

Unanimous

Length

two weeks


#134879

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