Mary Ann Watson v. J. Tyrone Alfred, M.D., et al.
Published: Apr. 9, 1994 | Result Date: Feb. 23, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC068021 – $77,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
This case involved the obtaining of a home equity loan by fraud and the misappropriation of the proceeds of the loan funds obtained. In October/November of 1989, the Defendants were each involved in the obtaining of a $100,000 home equity loan, purportedly for the Plaintiff Mary Ann Watson. The loan was to be secured by a first trust deed on Plaintiff's home. At the time the loan was obtained, Plaintiff was a 70-year-old widow with minimal formal education and in poor health (i.e., she was a partially-paralyzed stroke victim with diabetes), who owned her South/Central Los Angeles home, free of encumbrances. Prior to trial, Defendant J. Tyrone Alfred, M.D., stipulated to having a $65,355 judgment entered against him, Defendant Talbert paid $5,000 in cash in a partial settlement and stipulated to having a $10,000 judgment entered against it; and, on the first day of trial, Defendant "L.A.'s MG," a purported California corporation, was determined by the Court to lack the capacity to defend, its Answer was stricken, and a Default was entered against it.
Settlement Discussions
Plaintiff contends that, prior to the start of trial, she demanded the following: $18,000 plus contingent $15,000 payment due on January 1, 1995 from Mr. Smith and B&S; $18,000 plus contingent $12,000 payment due on July 1, 1994 from Green and CHEI; and no demand was made of L.A.'s MG. Plaintiff further contends that the following counter-offers were made by Defendants: (1) $4,000 by Mr. Smith and B&S; (2) no counteroffer made by Green; and (3) no counteroffer made by CHEI. During the course of trial, Plaintiff offered to settle with Mr. Smith and B&S for $13,000 and with Green and CHEI for $13,000; no counter-offers were made.
Damages
$65,335 lien (the encumbrance against Plaintiff's home); and punitive damages sufficient to punish and make an example of the Defendants.
Deliberation
2 days, 1 hour
Poll
12-0 against all Defendants, 10-2 against Green and CHEI on fraud
Length
6 days
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