Asha Mansinghka v. Judith Brodsky; Robert E. Noel; Law firm of Noel & Knoller; John C. Stein; Byron C. Foster; The Boccardo Law Firm
Published: Nov. 8, 1997 | Result Date: Jul. 16, 1997 | Filing Date: Jan. 1, 1900 |Case number: 970363 – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Richard S. Diestel
(Bledsoe, Diestel, Treppa & Crane LLP)
Richard S. Diestel
(Bledsoe, Diestel, Treppa & Crane LLP)
Experts
Plaintiff
Richard D. Hornichter
(medical)
Paul S.D. Berg
(medical)
Defendant
Sherna Madan
(medical)
Bernard S. Rappaport
(medical)
Ronald H. Roberts Ph.D.
(medical)
Facts
This action for malicious prosecution arose from an earlier lawsuit filed by defendant Judith Brodsky, as guardian ad litem for Jyotsana Pearl Negi (the daughter of Brodsky and her former husband, Dalbir Negi), against Asha Mansinghka in San Mateo Superior Court. Brodsky alleged in the prior lawsuit that Mansinghka had conspired with Brodsky Negi in concealing approximately $24,000 in trust funds belonging to Jyotsana. At the conclusion of the underlying trial, Negi was found liable for taking $47,500 from Jyotsana's trust accounts at Stanford Savings & Loan. Mansinghka was granted a motion for nonsuit at the close of evidence in the underlying case. The plaintiff Mansinghka then brought this action against the defendants based on a malicious prosecution theory of recovery. Mansinghka claimed that Brodsky, along with her attorneys at the Boccardo Law Firm, John Stein and Byron Foster, had maliciously filed the underlying lawsuit without probable cause. The plaintiff further alleged that Robert Noel and the law firm of Noel & Knoller, who became Brodsky's attorneys during the pendency of the underlying lawsuit, maliciously maintained the lawsuit against her.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demands for $2 million to each defendant. Defendants Brodsky and Noel made no settlement offers. Defendant Boccardo Law Firm made a C.C.P. º998 offer of compromise for $15,000.
Damages
The plaintiff claimed emotional distress and punitive damages punitive damages and sought attorney fees. No amounts were specified.
Injuries
The plaintiff alleged severe emotional distress and aggravation of her diabetic condition.
Result
Defense for Brodsky on the "advise of counsel" defense. Defense for Boccardo Law Fim on lack of malice. Defendant Noel was found malicious in the underlying action against plaintiff, and the jury awarded $8,500 to plaintiff. However, the court determined, after the jury's findings, that Noel had probably cause to maintain the action, and judgment was awarded in his favor.
Other Information
The verdict was reached approximately two years and one month after the case was filed. A settlement conference was held on June 1, 1997 June 2, 1997 before Judge William Cahill of the San Francisco Superior Court. It did not resolve the matter. EXPERT TESTIMONY: Plaintiff's expert Dr. Paul Berg testified that the earlier lawsuit caused the plaintiff to experience a generalized anxiety disorder, and that she would require psychological treatment at least once a week for the next three years. Dr. Richard Hornichter testified that the stress associated with the underlying lawsuit caused an aggravation to the plaintiff's pre-existing diabetic condition. Defendants' expert Dr. Bernard Rappaport testified that the plaintiff did not suffer from a generalized anxiety disorder, but that her reaction to the earlier lawsuit was consistent with her underlying personality. Dr. Sherna Madan testified that stress associated with the underlying lawsuit did not increase the plaintiff's blood sugar level. This case was coordinated with Brodsky v. Boccardo in which Brodsky sued the Boccardo Law Firm, Stein and Foster for legal malpractice. The cases were tried simultaneously and resulted in a directed verdict for defendants. The court found that defendants owed no duty to Judith Brodsky, individually, and that she could not establish any damages from the alleged malpractice.
Deliberation
1+ days
Poll
________ (# pls.)
Length
15 days
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