San Diego Partners Bob Carlson and Mike Zech Obtained Defense Judgment
After Five-Week Jury Trial in Orange County, California
The plaintiff alleged conversion against one of the firm’s business clients, claiming that it had wrongfully taken money from his bank account to satisfy an unlawful detainer judgment. After significant law and motion did not dispense with the plaintiff’s claims, the plaintiff insisted on having his day in court and proceeded to trial against the client. Following the close of evidence in a jury trial that lasted almost five weeks, the defense filed two motions for nonsuit regarding the conversion claim and punitive damages on the ground that the plaintiff failed to prove his claims against the client. The Court agreed and granted the motions, ordering judgment in favor of the defense on the ground that the plaintiff had not met his burden and, based on the evidence presented by the plaintiff, no reasonable jury could find the defendant converted the plaintiff’s property or that the defendant was guilty of malice, oppression or fraud to justify an award of punitive damages.