Sierra Club Foundation; Brant Calkin v. Ray A. Graham, III and cross actions Ray A. Graham, III v. Bouchier, Alexander & Hanson; Robert L. Bouchier
Published: Sep. 6, 1997 | Result Date: May 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: 672638 c/w 965223 Verdict – $2,790,550
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Facts
In June 1970, Harvey Mudd, an environmental philanthropist, executed a deed of gift of $130,000 to plaintiff Sierra Club Foundation, creating the Frontera del Norte Fund (FDNF), which would be used to purchase property in Northern New Mexico for recreational and scientific purposes. Mudd and plaintiff Brant Calkin (a consultant of Sierra Club and executive director of FDNF) managed FDNF and looked for suitable property. Mudd first met defendant Graham in the summer of 1970 and explained his land project idea. Defendant Graham then contacted Mudd's lawyer and donated $100,000 to Sierra Club Foundation as a gift for the use of FDNF. The property then being considered by Mudd and Calkin was subsequently taken off the market by its owner and they were unable to locate another suitable property because land prices had risen sharply in New Mexico. On Jan. 14, 1980, Graham released in writing the condition that his gift be used for FDNF, and it was transferred to the feneals assets of the Sierra Club. During the time the funds were held for FNDF, the earnings accrued to current funds of plaintiff Sierra Club, as was their policy unless the funds had been otherwise designated (Graham did not so designate) Prior to the filing of the underlying lawsuit. Defendant Graham was involved in a dispute with plaintiff Sierra Club over a different piece of property in New Mexico, during which he threatened to "make trouble" for Sierra Club over his 1970 donation. On Dec. 18, 1990, defendant Graham filed his suit against plaintiffs Calkin and the Sierra Club, contending that proceeds from his donation were to be used solely for the purpose of acquiring grazing land in Northern New Mexico, that he had understood his gift was all that was needed to complete the purchase of a suitable property, that the proceeds from his donation would accrue interest until the land could be acquired, and that his donation would be governed by Harvey Mudd's deed of gift. In September 1993, these claims were dismissed by a federal judge. The plaintiff brought this action against Graham and his attorney, Robert Bouchier, based on malicious prosecution theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiff claimed $______________ in damages.
Other Information
The verdict was reached approximately _____ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/___/19____ before _______________ (name) of _______________ (affiliation or court) resulting in ______________ .
Deliberation
3 days
Length
4 weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390