Darlene R. Sunde v. Wells Fargo Investments, LLC and Ross A. Clark
Published: Feb. 18, 2006 | Result Date: Nov. 4, 2005 | Filing Date: Jan. 1, 1900 |Case number: 0402897 – $0
Judge
Court
Nevada Superior
Attorneys
Plaintiff
Defendant
Thomas F. Kopshever
(Wells Fargo Law Dept.)
Facts
Claimant Darlene R. Sunde asserted causes of action for unsuitability, negligence, fraud, deceit, omission of material fact, breach of fiduciary duty, and failure to supervise against Wells Fargo Investments, LLC and Ross A. Clark. The causes of action relate to the purchase of C shares of stock mutual funds that were weighted in the technology sector as well as the purchase of Wells Fargo unit investment trust for the claimant's account. The respondents denied the allegations of wrongdoing set for in the claimant's Statement of Claim and asserted the following defense: failure to state a cause of action, unlean hands, waiver, estoppel, ratification, failure to exercise reasonable care and diligence, statutes of limitations, laches, and assumption of risk.
Damages
The claimant requested $238,497 in compensatory damages, disgorgement of ill gotten revenue, unspecified punitive damages, pre-and post-judgment interest and costs, including attorney's fees and consulting fees. The respondents requested dismissal of the claimant's Statement of Claim in its entirety, and costs, including attorney fees.
Result
Award for the respondents.
Other Information
At the evidentiary hearing, the claimant withdrew her fraud and deceit claims and her request for punitive damages.
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