Douglas Hensley v. Patricia McSweeney
Published: Aug. 2, 1997 | Result Date: Jun. 18, 1997 | Filing Date: Jan. 1, 1900 |Case number: 90545 Verdict – $130,000
Facts
On Feb. 17, plaintiff Douglas Hensley, a carpenter, entered into an agreement with defendant Patricia McSweeney, dba Wyndfair Properties, a California real estate broker, to arrange the transfer of 10 acres of unimproved real estate to the plaintiff. The defendant broker failed to advise the plaintiff purchaser of an impending trustee sale and the consequences. Instead, the defendant broker bought the real estate for her own account at the sale. The plaintiff brought this action against the broker based on fraud and breach of fiduciary duty theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $36,000. The defendants made a C.C.P. º998 offer of compromise for $3,000.
Other Information
The verdict was reached approximately eleven months after the case was filed. A settlement conference was held on June 12, 1997 before Judge John E. Griffen, Jr. of Stanislaus Superior. it did not resolve the matter.
Deliberation
10 hours
Poll
12-0 (liability), 10-2 (punitive damages)
Length
6 days
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