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Herscu adv. Del Norte

Case Conclusion Date: 08.10.2009

Practice Area: Partnership

Outcome: Jury Verdict $800,000

Description: The case arose out of several joint venture partnerships involving various real estate projects in California and Alabama. My firm and I represented the defendants and cross-complainants. The trial was the culmination of over 2 years of litigation. After reducing the plaintiff's original complaint to a single cause of action for breach of a written promissory note during pre-trial proceedings, we successfully convinced the jury that the cross-defendants had not only breached the parties' various partnership agreements but, in addition, had acted fraudulently at the inception of such agreements by making false representations, false promises and concealing material facts. The jury's verdict on the cross-complaint was unanimous (12-0) on all counts and included findings that the cross-defendants had committed other wrongful acts, including breach of fiduciary duty, negligent misrepresentation and conversion. The jury spent approximately 4 hours deliberating and rendering a lengthy Special Verdict (over 100 questions) following a 2+ week trial. In addition to awarding nearly $800,000.00 in damages, the jury unanimously rejected the plaintiff's claims on the promissory note where the plaintiff was seeking to recover approximately $300,000.00 in principal and interest. We convinced the jury that no such note had ever been signed.

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