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Attorneys
Malicious Prosecution
Abuse of Process

Shaun Kaye v. Columbia College, Thomas M. Hall

Published: Jun. 8, 2004 | Result Date: Dec. 19, 2002 | Filing Date: Jan. 1, 1900 |

Case number: LC057328 Verdict –  $0

Judge

Michael B. Harwin

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Thomas J. Gray
(Carr McClellan PC)


Defendant

Gilbert A. Garcia
(Garcia Law Firm)


Experts

Plaintiff

Cruz Reynoso
(technical)

Facts

Plaintiff Shaun Kaye, a self-employed owner of a printing business and Internet provider, began providing services to defendant Columbia College in 1996. The defendant decided to create a school web page. They retained the plaintiff to create and host the web page. In March 1997, the plaintiff submitted an invoice to defendant for $1,983. The plaintiff took the web page down for lack of payment. Defendant Thomas Hall, the college's president and an attorney, sued the plaintiff alleging damages. The defendant college alleged it lost prospective students and tuition because people could not access the web page. The suit went to bench trial that resulted in a nonsuit in favor of plaintiff. The plaintiff then initiated this action for malicious prosecution. The defendant college contended the underlying suit was justified in that it relied on advice of counsel, defendant Hall, and believed the college was damaged.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $225,000. The defendant offered a waiver of costs.

Damages

Defendant Hall claimed damages of $42,000 for attorney fees and emotional distress damages.

Result

$140,000 judgment against defendant Hall. Nonsuit after plaintiff's case in chief in favor of Columbia College. Appeal of nonsuit was dismissed.

Other Information

Thomas M. Hall represented himself in pro per.


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