Patsy Burlesci v. James Cummings
Published: May 24, 1997 | Result Date: Apr. 30, 1997 | Filing Date: Jan. 1, 1900 |Case number: 74029 – $0
Judge
Court
Mendocino Superior
Attorneys
Plaintiff
Defendant
Facts
On Aug. 10, 1993, plaintiff Patsy Burlesci, a restauranteur, borrowed $125,000 from defendant James Cummings. The loan was secured by the plaintiff's home and the restaurant equipment. By March 1994, the plaintiff was in default on the loan. On Nov. 2, 1994, the defendant took possession of the restaurant equipment. The defendant claimed he agreed to store the restaurant equipment. Thereafter, the defendant foreclosed against the plaintiff's home. The plaintiff brought this action against the defendant based on conversion, constructive trust, intentional and negligent misrepresentation and intentional and negligent infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $485,000. The defendant offered to return the home and the restaurant equipment so long as the entire obligation under the promissory note was satisfied.
Damages
The plaintiff sought the return of her home, cancellation of the promissory note, and an unspecified sum of consequential damages.
Other Information
The decision was rendered approximately one year and two months after the case was filed. A settlement conference was held on April 27, 1997 before Judge Cox of Mendocino County Superior Court. It did not resolve the matter. The court granted the defendant's motion for nonsuit on the ground that the plaintiff did not present sufficient evidence to support her claims.
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