William H. Takahashi v. Snell & Wilmer
Published: Sep. 12, 2009 | Result Date: Jan. 6, 2009 | Filing Date: Jan. 1, 1900 |Case number: 06CC04904 Verdict – $604,794 (on cross-complaint)
Court
Orange Superior
Attorneys
Plaintiff
Kenneth J. Catanzarite
(Catanzarite Law Corp.)
Defendant
Thomas A. Pistone
(Pistone Law Group LLP)
Experts
Plaintiff
Lowell T. Carruth
(technical)
Diane L. Karpman
(technical)
Defendant
Thomas R. Malcolm
(technical)
Facts
Harold Yamanuha and William Takahashi were former business partners involved in real estate investments. In 2000, Yamanuha obtained a $4.5 million verdict against Takahashi. Takahashi filed for bankruptcy and retained Snell & Wilmer LLP to represent him in an appeal. The appellate court reversed the judgment and remanded the case for retrial, which resulted in another verdict against Takahashi, but was significantly better than the first verdict. Later, Takahashi sued Snell & Wilmer for professional malpractice. Snell & Wilmer cross-complained for unpaid fees.
Contentions
PLAINTIFF'S CONTENTIONS:
Takahashi alleged that he had documents that were not used in the first trial and that were extremely prejudicial to Yamanuha. He claimed that defendant lost the documents and failed to enter them into evidence.
DEFENDANT'S CONTENTIONS:
the defense asserted that it was Takahashi's conduct and negligence that prevented the documents from being presented at trial, but that the documents would not have changed the outcome of the trial in any event.
Damages
The plaintiff sought $1,103,965 in excess damages and a refund of the attorney fees paid for the underlying trial. The cross-complainant sought $600,000 in unpaid fees.
Result
Verdict in favor of defendant/cross-complainant. The jury awarded the cross-complainant $604,794, plus $234,043 for pre-judgment interest.
Other Information
FILING DATE: April 7, 2006.
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