Gurdip Dhaliwal, et al. v. Rajinder Dhaliwal, et al.
Published: Mar. 8, 2005 | Result Date: Jan. 27, 2005 | Filing Date: Jan. 1, 1900 |Case number: SC035857 Verdict – $176,000
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard Holloman
(technical)
Defendant
George Kite
(technical)
Facts
The plaintiffs and the defendants are naturalized United States citizens, originally from India, and are Sikhs. Notwithstanding they share the same last name, they are unrelated. One of the defendants is a real estate broker who had acted for the plaintiffs in several real estate purchases and sales. In 1993, the defendants found themselves in financial difficulties. Needing a place to live, they convinced the plaintiffs to purchase residential property in Simi Valley. They orally agreed that the plaintiffs would made the down payment and obtain a loan, and the defendants would live there, and pay the mortgage, property taxes, and insurance, and when the property is sold, the parties would split the profits after reimbursing the plaintiffs for the down payment. Title was originally taken in the name of the plaintiffs only due to the defendants' poor credit and probable inability to qualify for a loan. After purchase, the parties executed an agreement, reciting their purchase of the property in equal shares and their oral agreement. The plaintiffs signed a grant deed giving the defendants a half-interest in the property.
Damages
The plaintiffs sought damages in the form of one-half the present fair market value of the property estimated at $400,000 to $450,000 less half of the mortgage balance. The plaintiffs also sought damages in the form of increased interest rate they paid because the defendants were on the title, and the plaintiffs could not refinance when interest rates declined.
Result
The jury awarded the plaintiffs $176,000 but did not find conduct which qualified for punitive damages.
Other Information
A court trial of the parties' equitable causes of action, including a determination of their rights under the written agreement, is pending. Upon entry of judgment, the defendants intend to move for judgment notwithstanding the verdict and for a new trial on grounds, among others, that the evidence does not support damages of half the current fair market value of the property.
Deliberation
five hours
Poll
11-1
Length
four days
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