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Real Property
Breach of Contract
Fraud

Morales v. Sinatra

Published: Jan. 17, 1998 | Result Date: Nov. 19, 1997 | Filing Date: Jan. 1, 1900 |

Case number: TC006548 Verdict –  $187,000

Judge

Rose Hom

Court

L.A. Superior Compton


Attorneys

Plaintiff

Richard J. Sullivan
(Law Offices of Richard J. Sullivan)

Amante Pimentel


Defendant

Jay M. Spillane
(Spillane Trial Group PLC)


Facts

On May 1, 1991, plaintiffs Antonio and Beatriz Morales purchased a house from defendant Vincent Sinatra for $369,000, under an all inclusive trust deed which required plaintiffs to pay defendant $2,200 per month. Defendant was required to pay the bank for an underlying loan. Defendant repeatedly accepted money from plaintiffs even though he had allowed the underlying loan to go into default on November 1991, without notifying plaintiffs. The plaintiffs brought this action against defendant based on breach of contract, money had and received, fraud and intentional infliction of emotional distress theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $75,000. The defendant made an offer of compromise for $5,000.

Damages

The plaintiff claimed $90,000 in damages.

Other Information

The verdict was reached approximately four years after the case was filed. An arbitration was held on March 14, 1997, before Janice Burnham of AAA resulting in a defense award. The plaintiff requested a trial de novo.

Deliberation

three hours

Poll

9-3

Length

six days


#87302

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