Moskowitz v. Moskowitz
Published: Oct. 19, 1996 | Result Date: Aug. 21, 1996 | Filing Date: Jan. 1, 1900 |Case number: 736508 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
John M. Stewart
(Law Offices of John Stewart)
Defendant
Experts
Plaintiff
William A. Lamers
(medical)
Defendant
Eugene Malitz
(medical)
Facts
In July 1993, decedent Dr. Joseph Moskowitz was diagnosed with pancreatic cancer. He died Oct. 4, 1993. Prior to his death, he separated from his wife, plaintiff Deborah Moskowitz and allegedly didn't want anything further to do with her because she had allegedly been abusive to him. The decedent allegedly had instructed his brother, defendant Louis Moskowitz, to keep the plaintiff away from him, and not to contact her. The decedent had instructed the defendant to handle his funeral arrangements and indicated that he did not want the plaintiff present. The plaintiff did not find out he had died until after the funeral. The plaintiff, the decedent's wife, brought this action against the defendant, the decedent's brother based on infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiff made no settlement demand. The defendant made a C.C.P. º998 offer of compromise for $500.
Specials in Evidence
$4,400 $___________
Damages
The plaintiff claimed punitive damages.
Injuries
The plaintiff alleged she suffered severe emotional distress.
Other Information
The nonsuit was granted at the close of the plaintiff's case. Cost of $14,633 will be awarded pursuant to the defendant's memorandum of costs. Defendant intends to file a motion for sanctions under C.C.P. º128.5 for filing of a frivolous lawsuit.
Length
9 days
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