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Business Law
Partnership
Fraud

Diaz v. Avcorp Financial Group, Inc.

Published: May 10, 1997 | Result Date: Dec. 4, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC104772 –  $150,000

Judge

Irving S. Feffer

Court

L.A. Superior Central


Attorneys

Plaintiff

Bryan Gianesin


Defendant

Michael Harris


Facts

In 1990, plaintiff Joseph Diaz, a 52-year-old investor, entered into a partnership with defendant Raul Avila to develop and rehabilitate residential properties. The property was lost to foreclosure and the plaintiff sued, claiming breach of contract and fraud. The plaintiff claimed that defendants Miriam Escobar and the Avcorp Financial Group Inc. were also partners and participants in the venture. The plaintiff brought this action against the defendants based on breach of contract and fraud theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $90,000. The defendants made no C.C.P. º998 offers.

Damages

The plaintiff sought the return of his damages plus attorney's fees, interest and punitive damages.

Other Information

The jury found that defendants Escobar and Avcorp Financial Group Inc. were not partners or participants in the transaction.

Deliberation

3 hours

Poll

not available

Length

4 days


#79464

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