Howard Gravelle v. Don and Cecilia Chan, Eastimpex, Eastimpex (Far East), EBJ Wholesale & EBJ Foods Corporation
Published: Jan. 3, 1998 | Result Date: Sep. 24, 1997 | Filing Date: Jan. 1, 1900 |Case number: 966522 – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
David C. Anderson
(Anderson Law)
Defendant
John G. Heller
(Rogers Joseph O'Donnell PC)
Facts
Defendant Eastimpex, an importer of Asian food products, purchased a chain of cash-and-carry grocery stores from Fleming Foods in 1989. Plaintiff Howard Gravelle had managed the stores under Fleming. In November 1989, plaintiff and defendant Eastimpex signed a written contract wherein plaintiff agreed to continue managing them after the purchase by Eastimpex. The plaintiff brought this action against all defendants based on breach of contract, fraud and alter ego theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for over $275,000.
Specials in Evidence
approximately $8,000 approximately $22,000
Damages
At trial, plaintiff sought damages of $187,000 plus interest, from Jan. 1, 1991, lost salary of approximately $150,000, and an unspecified amount of emotional distress damages. He sought $5 million in punitive damages.
Injuries
The plaintiff claimed to sustain bulging discs (size and location) requiring physical therapy.
Other Information
The verdict was reached approximately two years and eight months after the case was filed. An arbitration was held resulting in an award for plaintiff. Plaintiff's motion for JNOV/new trial are pending.
Deliberation
four hours
Poll
9-3 (plaintiff failed to perform); 11-1 (non performance not excused)
Length
14 days
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