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Real Property
Breach of Contract
Fraud

Ang Ung and Rith Oun v. Elizabeth Kim and Maquinary Boni

Published: Jun. 21, 1997 | Result Date: Apr. 27, 1997 | Filing Date: Jan. 1, 1900 |

Case number: NC013691 Verdict –  $156,054

Judge

Joseph E. Addiego

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Scott Lee Shabel


Defendant

Larry Rothman
(Larry Rothman & Associates)


Experts

Plaintiff

John J. Bihary Jr.
(technical)

Facts

On June 11, 1990, plaintiff Ang Ung paid $150,000 to defendants Elizabeth Kim and Maquinary Boni for vacant land in Lancaster, based on the defendants' representations that the defendants owed the land and that it was suitable for residential use. The plaintiffs' expert determined that the land was worth $30,000 when purchased by the plaintiffs and was zoned for commercial use only. The plaintiffs claimed the defendants did not in fact own the land. The plaintiffs brought this action against the defendants based on breach of contract, fraud and negligence theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $135,000. The defendants made no C.C.P. º998 offer of compromise.

Damages

The plaintiffs requested $115,094 in damages for out of pocket losses plus loss of enjoyment damages.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. POST TRIAL MOTIONS: The defendants motions for new trial and JNOV were denied on May 19, 1997.

Deliberation

4 hours

Poll

No poll

Length

4 days


#83492

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