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Breach of Contract
Legal Malpractice
Negligence

Estate of Merrill J. Maloney v. G. Michael Williams; Ganzer & Williams

Published: Dec. 17, 1994 | Result Date: Oct. 26, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 293065 –  $0

Court

Stanislaus Superior


Attorneys

Plaintiff

James Pagano


Defendant

R. Mac Prout

Kathlyn A. Rhodes


Experts

Plaintiff

Richard J. Zitrin
(technical)

Morgan Lynch
(technical)

Francis Hughes
(technical)

Norman C. Hulberg
(technical)

Dan Ketcham
(technical)

Defendant

David E. Lane
(technical)

Keith E. Pershall
(technical)

Victor Reizman
(technical)

Michael Tidwell
(technical)

Facts

In late 1991, Albert and Elaine Garland, general partners in G&M Properties (G&M), retained Defendant G. Michael Williams and his firm, Ganzer & Williams, to represent them in mechanic's lien litigation arising from the construction of a mini storage warehouse facility on Pelandale Avenue in Modesto. Thereafter, the remaining general partners in that partnership, Merrill J. Maloney and his wife, Sharon R. Maloney, signed a fee agreement with Williams and his firm. Attorney Williams failed to respond to a cross-complaint resulting in default judgments against G&M and Plaintiff Merrill Maloney, individually.

Settlement Discussions

Defendant contends they offered $325,000 before trial and Plaintiff demanded $1,000,000. Plaintiff contends the following: The only settlement offer made to Plaintiff was $180,000; Plaintiff demanded $1,000,000 with an indication of less.

Damages

Before trial Plaintiff claimed $1,000,000 damages for Plaintiff's alleged inability to refinance or sell real properties. At trial Plaintiff requested the jury to award between $600,000 and $800,000.

Deliberation

6 hours

Poll

10-2

Length

17 days


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