Facts

According to the plaintiff, the defendants engaged in conspiracy to defraud the plaintiff. Defendants were able to get the plaintiff sell her house to the defendant real estate broker's sister for less than its appraised value.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she was a person with mental disabilities and was a dependent adult under the Welfare and Institutions Code. The plaintiff also contended that the defendants took advantage of her limited abilities and defrauded her out of her house by using deceit and later evicting her from her own house.

DEFENDANTS' CONTENTIONS:
Defendants contended that the plaintiff fabricated her purported mental disability, and in fact she herself, through a scheme, had obtained title to real property by defrauding the prior owners of that property. The court excluded plaintiff's 19-year-old misdemeanor conviction. Plaintiff was caught in numerous lies and misstatements during her testimony.

According to defense counsel, the court severely restricted the amount of evidence that defendants' were able to introduce to impeach the plaintiff, to demonstrate that she had no damages, to demonstrate that she had admitted she had not been defrauded, and otherwise to refute all of the plaintiffs contentions in her case. According to defense counsel, several jurors have signed affidavits of jury misconduct and defendants' anticipate moving for anew trial in JNOV, and if unsuccessful, filing an appeal seeking a new trial.

Settlement Discussions

Approximately one month before trial, the defense offered $30,000 via C.C.P. Section 998, which the plaintiff did not accept. After the first phase of the trial and before the punitive phase, the defense offered $250,000 to be paid in two years. The plaintiff rejected that offer as well. At a mediation, months before trial, the mediator recommended that the plaintiff accept an offer of $27,500.

Result

Plaintiff's verdict for $700,000 ($200,000 economic; $100,000 past non-economic; $100,000 future non-economic; $300,000 in punitive damages).

Other Information

One of the defendant's answers was struck from the record and default was entered. Two other defendants opted to go to a binding arbitration. Samuel Black, M.D., defense psychiatrist who never examined the plaintiff opined that plaintiff was suffering from anti-social personality disorder and that her depression was not real. The jury disregarded his testimony. According to defense counsel, Dr. Black's opinion was severely limited pursuant to certain court rulings, which will be the subject of appeal in this case. Defense counsel also claimed that plaintiff's expert was able to testify without having previously turned over her records, which had been demanded pursuant to a notice to appear and produce. (According to plaintiff's counsel, defendant never deposed nor subpoenaed the doctor).

Deliberation

two days

Poll

9-3 (damages)

Length

11 days