NewWest Mortgage Company v. Arthur Basile, et al.
Published: May 31, 2001 | Result Date: Apr. 10, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC222012 Verdict – $486,845
Facts
On April 8, 1998, the plaintiff, NewWest Mortgage Company, dba NewWest Funding, a mortgage lender, hired
defendant, Arthur Basile, as a Vice President and Branch Manager and the parties entered into a three-year
employment agreement whereby the defendant, Basile, agreed that for the three-year period, as well as a six
month period thereafter, he would not solicit the employees or brokers of the plaintiff company to leave the
company.
On Dec. 3, 1999, defendant Basile made a written offer to plaintiff to purchase the branches he managed. The
plaintiff terminated defendant, BasileÆs employment on Dec. 7, 1999 and he went to work for defendant Home
Loan Mortgage. Numerous other employees followed defendant Basile to defendant Home Loan Mortgage.
The plaintiff brought this case on breach of contract, fraud, embezzlement, breach of fiduciary duty and
misappropriation of trade secrets causes of action.
Defendant Basile cross-claimed for wrongful termination.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand for $125,000 to defendant Basile to settle all claims. The defendants made no offer. Lengthy settlement discussions held by the court before trial were unsuccessful.
Other Information
<M>A mediation was conducted in August, 2000, without success.</M>
Deliberation
two days
Length
eight days
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