Marian Beth Price, individually, as the Executor of the Estate of Gregory Pickert, and the Sole Surviving Trustee of the Pickert & Price Living Trust v. Oberman, Tivoli & Pickert Inc.; Robert Oberman; Alan Tivoli, and Does 1 through 50
Published: Oct. 23, 2020 | Result Date: Sep. 24, 2020 |Case number: BC616556 Bench Verdict – $15,000,000
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Joshua S. Hodas
(Lewis, Brisbois, Bisgaard & Smith LLP)
Gary K. Brucker Jr.
(Lewis, Brisbois, Bisgaard & Smith LLP)
Craig E. Holden
(Lewis, Brisbois, Bisgaard & Smith LLP)
Defendant
Ashley Lynn Tate
(Barta Tate)
Facts
Marian Beth Price's husband, Gregory Prickert was the partner of a prominent entertainment and media production accounting company. When Prickert died, Price sued accounting firm Tivoli, & Pickert, Inc. after attempting to secure Prickert's interest in the company.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that she was the only known and intended beneficiary of certain death benefits under defendant's shareholder agreement. Defendant went to plaintiff's property and retrieved Prickert's documents without permission. Defendants then withheld the real value of Prickert's interest in the company when plaintiff requested her share. As a result, defendant was liable to plaintiff for the value of Prickert's interest in the company, which was approximately $20million at his death. Plaintiff contended that defendant's lies regarding valuation amounted to a breach of contract. Millions of dollars in off-balance-sheet assets and inflated liabilities were also identified.
DEFENDANT'S COTNENTION: Defendant denied the contentions.
Result
The court-appointed accounting referee concluded that Price was owed $5,545,242.75, which report was adopted as final and binding by the court. The special verdict entitles Price to not just damages, but also attorney fees and prejudgment interest, which brought the total award to approximately $15,000,000.
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