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Employment Law
Breach of Fiduciary Duty
Wrongful Termination

Mark Moore v. Coastline Metal Finishing, et al.

Published: Mar. 13, 1999 | Result Date: Feb. 1, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 781117 Verdict –  $500,000

Judge

Mason L. Fenton

Court

Orange Superior


Attorneys

Plaintiff

Niall Sweetnam


Defendant

James T. Bentson


Facts

In 1987, a metal plating company called Coastline Metal Finishing was formed. Five of the ground floor employees included Mark Moore who acted as its industrial chemist and toxic waste manager. In 1995, Moore was fired from the company. Moore brought this action alleging breaches of contract and fiduciary duty and wrongful termination in violation of public policy. Plaintiff Moore alleged he was one of the five founders who promised each other equal pay and profits. He denied allegations made sometime after he had been fired in 1995 that he had been stealing gold powder. He claimed he was fired because he was agitating compensation due him, and also about a fire insurance claim which was partly fraudulent. The plaintiff also claimed to be a part owner in proportion to money he had contributed in 1988. The defendants denied Moore was ever anything more than an independent consultant who had been fully paid. They cross-claimed that he had stolen gold, had used it to purchase a Jeep Grand Cherokee, and that he had defamed Vilijoen, Coastline's president.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $125,000. The defendants made a C.C.P. º998 offer of $15,000 which was withdrawn after only four days.

Damages

Moore claimed a minimum of $770,000 in lost equal pay and profits. He also claimed $600,000 in punitive damages.

Other Information

The verdict was reached approximately 1+ years after the case was filed. The court dismissed defendants' cross-claims for defamation, slander and fraudulent conveyance of assets. The jury rejected the remaining cross-claims for breach of contract, trespass and conversion. A settlement conference was held before a judge pro tem on Aug. 14, 1998. Another took place on Sept. 1, 1998, before judge David H. Brickner. The defendants made no offers, and neither conference produced any result.

Deliberation

three days

Poll

11-1

Length

15 days


#80275

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