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Torts
Assault and Battery
Divorce

Mai Tran v. Van Tran

Published: Apr. 13, 2004 | Result Date: Nov. 18, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CV804179 Bench Decision –  $0

Judge

Gregory A. Ward

Court

Santa Clara Superior


Attorneys

Plaintiff

Vincent J. Kilduff


Defendant

Gregg L. Kays


Facts

According To The Defendant: Plaintiff Mai Tran was in divorce proceedings with her husband, defendant Van Tran. The Trans had been married since 1980 and had two children. During the proceedings, plaintiff alleged that defendant repeatedly assaulted and battered her during the marriage. The plaintiff contended that at least one of their children had witnessed the abuse. The defendant denied that he ever hit his wife. He claimed that plaintiff had fabricated the story so she would not have to divide the family home during the property settlement. Both of the children testified that defendant had never attacked plaintiff.

Injuries

According To The Defendant: The plaintiff claimed that she suffered a shoulder impingement that prevented her from engaging in her occupation as a hair stylist.


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