Dan Cardona v. Color Me Inc.
Published: Sep. 26, 2009 | Result Date: Feb. 20, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC341804 Verdict – $1,523,060
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Phillip A. Baker
(Baker, Keener, & Nahra LLP)
Facts
Plaintiff Dan Cardona loaned and invested with defendant Don McWhirter Jr. more than $500,000 over the course of one and a half years. According to the plaintiff, the loans and investments were made based on McWhirter's assurances that Cardona would be a 50 percent shareholder of McWhirter's new printing business, Color Me Inc. During the course of over a year, Cardona became active in the business.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that defendant agreed to make him a shareholder of Color Me Inc. in consideration for loans and investments that he made to defendant. After repeated attempts by Cardona to compel McWhirter to issue him documentation evidencing his interest in the company, McWhirter attempted to divest Cardona of his interest in the company by telling the company accountant that he was no longer a shareholder of the company.
DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff was never a shareholder in the company.
Damages
The plaintiff requested compensatory damages, and waived punitive damages.
Injuries
Plaintiff claimed that he was denied a rightful interest in Color Me Inc. due to defendant's fraud and misrepresentation.
Result
$1,523,062 verdict in favor of plaintiff. The jury found that punitive damages were appropriate, but none were awarded because plaintiff waived them.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390