John Markley v. William Lyon Co., et al.
Published: Jul. 8, 2000 | Result Date: Apr. 1, 2000 | Filing Date: Jan. 1, 1900 |Case number: 706072 Verdict – $54,414,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Donald L. Morrow
(JAMS ADR)
Experts
Plaintiff
Ronald Hendricks
(technical)
Facts
In 1999, a trial between Markley and Lyon produced a stipulated settlement that placed Markely in a limited
partnerships and required the general partner, Lyon, to pay $4.1 million in attorney fees. Later, disputes
between the parties over the terms and conditions to the agreement gave rise to a breach of contract litigation.
The plaintiff asserted that the defendant breached the contract.
The defendant argued that the plaintiff, Markley, breached the contract, there was a waiver by Markely and
there was a modification agreement by Markley.
The defendant further argued that any damages awarded should be $5 million or less.
Settlement Discussions
Plaintiff asked for his full 10 percent partnership interest to be restored in partnerships free of Lyon control, together with about $12 million in attorney fees, negotiable as to form of payment and amount. The defendant made no offer. There were suggestions of replacement in the partnership, but with unacceptable restrictions, and no firm offer on attorney fees.
Deliberation
1.5 days
Poll
10-2
Length
nine days
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