This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Breach of Fiduciary Duty
Negligence
Negligence

Maria Belknap v. Morgan Stanley DW Inc. a/k/a/ Morgan Stanley Dean Witter, Eloise J. Rich et al

Published: Mar. 4, 2006 | Result Date: Oct. 11, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 0402724 –  $39,000

Judge

Susan B. Gans-Smith

Morton R. Field

Court

L.A. Superior


Attorneys

Plaintiff

William W. Bloch
(William W. Bloch & Associates)


Defendant

Scott E. Rahn
(RMO LLP)

Todd E. Gordinier

Edward S. Kim
(Gordinier, Kang & Kim LLP)


Facts

Claimant Maria Belknap sued Respondents Morgan Stanley DW Inc. a/k/a Morgan Stanley Dean Witter, Eloise J. Rich, Susan Lee Dehen and Lisa Ann Detanna, alleging fraud, negligence, negligent misrepresentation, breach of fiduciary duty, breach of contract, unsuitability and failure to supervise, involving unspecified securities.

The respondents denied the allegations of wrongdoing set forth in the claimant's Statement of Claim and asserted various affirmative defenses.

Damages

The claimant requested $200,000 in compensatory damages, including lost interest and opportunity costs. The claimant also requested $249,000 in punitive damages, plus costs and attorney fees. The respondents requested dismissal of the claimant's Statement of Claim in its entirety, costs, hearing fees, and expungement of this claim from the CRD records of the individually named respondents.

Result

Respondent Morgan Stanley DW Inc. a/k/a Morgan Stanley Dean Witter is liable to and shall pay the claimant $39,000 in compensatory damages plus interest at the rate of 10% per annum from April 12, 2004 to October 11, 2005. The individual respondents were dismissed with prejudice.


#81549

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390