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Breach of Contract
Commercial Development
Fraudulent Misrepresentation

Changsheng Han v. Brookhurst Garden Ltd. Partners

Published: May 28, 1994 | Result Date: Apr. 15, 1994 | Filing Date: Jan. 1, 1900 |

Case number: GC3360 –  $828,600

Judge

Gabriel A. Gutierrez

Court

L.A. Superior Alhambra


Attorneys

Plaintiff

Lisa K. Skaist

Stephen C. Phillips


Defendant

John S. Chang


Experts

Plaintiff

Jack Benadon
(technical)

Defendant

Burton E. Smith
(technical)

Facts

Plaintiff Changsheng Han is a retired engineer residing in Torrance; Defendant Brookhurst Garden Limited Partnership is a limited partnership formed for the purpose of developing a shopping center on three adjacent parcels of land in Garden Grove. Plaintiff invested the sum of $648,000 with Defendant, payable in three installments from September 17, 1987 to December 17, 1987. On September 18, 1987, Plaintiff and Defendant entered into a written partnership agreement.

Settlement Discussions

Plaintiff contends their demand was $648,000 plus interest and attorneys' fees, secured by a promissory note and deed of trust on the partnership property; and Defendant rejected Plaintiff's offer.

Damages

Breach of contract of $180,600; and return of investment of $648,000 upon rescission of the contract based upon fraud of Defendant.

Result

The jury returned a verdict in favor of Plaintiff Changsheng Han on each of the following causes of action: (1) breach of contract; (2) intentional misrepresentation; (3) negligent misrepresentation; and (4) rescission of the contract against Defendant Brookhurst Garden Limited Partnership.

Other Information

The judgment was entered on May 10, 1994 as follows: (1) Prejudgment interest on the sum of $648,000 in the amount of $197,418; (2) costs of $11,248; and (3) attorney's fees of $130,000. The total judgment is $986,666.

Deliberation

1.5 days

Poll

12-0

Length

10 days


#77923

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