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Breach of Contract
Joint Venture
Fiduciary Duty

Riley J. Lively v. Charles McLauchlan

Published: Apr. 2, 1994 | Result Date: Mar. 18, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 639060 –  $200,000

Judge

Judith D. McConnell

Court

San Diego Superior


Attorneys

Plaintiff

Gregory S. Larson

James S. Marinos


Defendant

Peter P. Gamer


Experts

Plaintiff

Ward Soule
(technical)

John Proko
(technical)

Defendant

George Benton
(technical)

Steven McGill
(technical)

Howard Berkson
(technical)

Facts

Plaintiff Riley J. Lively and Defendant Charles McLauchlan formed a partnership in May of 1990. McLaughlan was to contribute land, and Lively was to develop it. Plaintiff Riley J. Lively is approximately 69 years of age and has been a construction company owner, developer, and entrepreneur in San Diego for approximately 45 years. Charles McLauchlan is approximately 45 years of age and is a real estate developer and land owner.

Settlement Discussions

Defendant McLauchlan contends that Plaintiff Lively offered $25,000 in settlement by way of a 998 prior to trial; or a chance for McLaughlan to repurchase the subject property; and Defendant made no demand and no offer.

Damages

Lively sought dissolution (the Court ordered dissolution and sale of the partnership property, during litigation); McLauchlan sought $2-6,000,000 in damages.

Result

No money was awarded in the jury's decision.

Deliberation

2 days

Poll

12-0

Length

9 days


#94348

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