San Diego Space & Science Foundation v. Marvin Gary Hamilton, Jr.
Published: Mar. 1, 1997 | Result Date: Aug. 6, 1996 | Filing Date: Jan. 1, 1900 |Case number: 691706 – $163,526
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
Between 1975 and 1995, defendant Marvin Gary Hamilton Jr., a former head cashier, was employed by plaintiff San Diego Space & Science Foundation, dba Ruben H. Fleet Space Theater. The defendant was terminated by the plaintiff after embezzlement was suspected. In the four years prior to his termination, the defendant, who allegedly had never earned more than $17,500 per year, gave his wife more than $150,000 in cash which she deposited in her own account and spent. The plaintiff brought this action against the defendant based on a conversion theory of recovery.
Settlement Discussions
The defendant made a settlement demand of $650,000 before trial. The plaintiff offered mutual dismissals.
Damages
Per the plaintiff, the plaintiff claimed loss of revenue in excess of $200,000. Per the defendant, the the plaintiff made insurance claims of $650,000. The defendant claimed damages for loss of reputation, income, and earning potential.
Other Information
The verdict was reached approximately one year after the case was filed. According to the plaintiff, after the civil trial, the defendant pled guilty to felony grand theft. EXPERT TESTIMONY: The defense expert testified that if the defendant saved 90 percent of his gross earnings for 20 years, he could have legally accumulated the amount of cash he gave to his wife. The defendant pled guilty to misdemeanor theft based upon a plea bargain negotiated by J.W. Carver who was also the defendant's criminal attorney. Per the defendant, aside from the evidence of money in the wife's account, the plaintiff was never able to establish an actual loss, or an actual taking by the defendant, or any money in any account or the defendant's which had the plaintiff's money.
Length
5 days
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