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Business Law
Breach of Fiduciary Duty

National American Bank v. George Liu; Robert Lew, and cross-complaint. Robert Lew v. National American Bank; National American Bankcorp, et al.

Published: Oct. 18, 1997 | Result Date: Aug. 28, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 959848 –  $0

Judge

Stuart R. Pollak

Court

San Francisco Superior


Attorneys

Plaintiff

Peter A. Detre

Jerry Roth
(FedArb)


Defendant

Constantin V. Roboostoff

Gerry Buckosky


Facts

Defendant George Liu was chairman of the board of directors, president and chief executive officer of plaintiff, National American Bank (NAB). Defendant Liu also served on a bank committee that approved loans. Defendant Robert Lew served as executive vice-president of NAB until his termination on Sept. 22, 1992. Defendant Liu was terminated on Sept. 8, 1992. Plaintiff NAB wrote off $1 million in defaulted loans. The plaintiff brought this action against the defendants based on fraud, breach of fiduciary duty, negligence and RICO violation theories of recovery.

Settlement Discussions

The plaintiff did not make a settlement demand. The defendant Liu made a C.C.P. º998 offer of compromise for waiver of costs.

Damages

The defendant claimed $1, 43,362.00, plus interest, in damages.

Other Information

The verdict was reached approximately three years and six months after the case was filed. Settlement conferences were held on six separate dates during October and November 1996 before William Cahill of San Francisco. They did not resolve the matter.

Deliberation

2+ days

Poll

12-0 (as to Liu) 10-2, 11-1, 12-0 (as to Lew on different theories)

Length

10 days


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