Debra Ann Decray v. Robert C. Bell
Published: Jun. 25, 1994 | Result Date: May 25, 1994 | Filing Date: Jan. 1, 1900 |Case number: SC016233 – $675
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James T. Long
(medical)
Alyce D. Laviolette
(medical)
Facts
Plaintiff Debra Ann Decray, a 50-year-old school district risk manager, and Defendant, a 45-year-old man, had been neighbors for 17 years in a 6-unit apartment building in Santa Monica. Defendant had been the managing tenant in the process whereby the 6 tenants of the apartment building bought the same as partners and subsequently converted them to condominiums. Plaintiff was a co-managing tenant with Defendant. Defendant and Plaintiff disliked each other. Defendant had paid Plaintiff $5,000 so that he could have a particular parking space for his truck and his "pride-and-joy" motorcycle; he did so allegedly believing that he had to pay her in order to have the parking space. The homeowner's group had approved such transaction, everyone believing that he had to pay her for the space. Defendant was then subsequently advised that he did not have to pay her; so he sued her in Small Claims for a refund. He lost; the small-claims judge ruled that he should have sued the homeowner's group. Defendant had performed many tasks and favors for the entire group to enable the condo conversion process to work; when his parents died in the late 80's, he took most of his inheritance and purchased his apartment unit outright so that the other tenants would be able to qualify for loans. On September 16, 1991, at a partnership meeting (the partners then and soon to become fellow owners of the condominiums), Defendant asked for reimbursement for $982 in expenses he said he advanced for the common benefit. He advised all present at the meeting that he needed the money to pay the costs involved in the final act of conversion. Plaintiff resisted Defendant's request and stated that the group should consult an attorney so that Defendant's unit could be liened and taken over. Defendant stood up and began to leave, when Plaintiff allegedly said, "You can always sell your motorcycle." Defendant dropped his notebook, walked over to Plaintiff, and placed his hands on her shoulders as he called her "slurful", offensive, and sexist names. He later verbally apologized and left a written apology on her door. Plaintiff reported the incident to the police and police prosecuted for misdemeanor battery. In December of 1991, he entered a no-contest plea to the charge and received a summary probation sentence (Defendant's criminal record was not presented to the jury).
Settlement Discussions
Defendant contends he made a 998 offer of $5,000 and later offered a $10,000 trust deed; and Plaintiff made a 998 demand of $100,000 and later demanded $75,000 in the form of a trust deed on Defendant's condo.
Specials in Evidence
$75 not claimed $1,200-7,600
Damages
Plaintiff asked the jury to award $75,000 general damages plus future medical expenses. Defendant asked the jury to award zero dollars.
Injuries
Post traumatic stress syndrome.
Deliberation
6 hours
Poll
10-2 damages, 9-3 assault, and 9-3 negligent inflection of emotional distress
Length
5.5 days
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