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From TRIALS DIGEST, February 8, 1999 Monies and opportunities misappropriated in partnership to develop/record musical talentFraud
PARTNERSHIP
DISPUTES
Miscellaneous
CONTRACTS
Miscellaneous SAN FRANCISCO COUNTY SUPERIOR COURT Tinker v. Airali, No. 983989. John E. Dearman. Jury trial: 11 days. Verdict/judgment: 6/11/98.
VERDICT/JUDGMENT: $346,000 $326,000 compensatory damages and $20,000 punitive damages. Vote: Mixed poll. Deliberations: 1 day plus 2 hours. TRIAL COUNSEL Plaintiff:
Kelly J. Snowden, Phillips & Erlewine LLP, San Francisco.Defendant: Elizabeth G. Leavy, Law Offices of Elizabeth G. Leavy, Sausalito.
Roger M. Vosburg, Law Offices of Roger M. Vosburg, Novato. FACTS/CONTENTIONS According to plaintiff: Plaintiff claimed fraud by defendant with respect to their partnership to develop and record
musical artists. The plaintiff was Jacqueline A. Tinker, a 52-year-old homemaker. The defendant was Dean Airale aka Dino Airali, a 59-year-old manager/record producer. Plaintiff invested over $250,000
into a partnership with defendant for the purpose of locating, developing and recording musical artists. Plaintiff provided the capital; defendant, who had over 20 years of experience in the music industry, was
obligated to locate and develop the artists. Plaintiff alleged that defendant fraudulently induced her to enter into the partnership and that he breached the partnership agreement and his fiduciary duties by
misappropriating partnership monies and seeking artists for defendant's other companies rather than for the partnership. Plaintiff also alleged that after her money was gone, defendant fraudulently induced her to
sell her partnership interest to defendant for $50,000 and to release all claims against him. Plaintiff alleged that defendant misrepresented the terms of the written buyout agreement and that she never agreed to
a release of claims. Defendant contended that he performed his obligations to the best of his abilities and that plaintiff was aware of the inherent risks of the recording industry. He also contended
that by bringing suit, plaintiff breached the buyout agreement and he sought his attorney fees as damages. CLAIMED
INJURIES
NA CLAIMED DAMAGES According to plaintiff: Complaint: $350,000 general and special damages. Cross-complaint: $50,000 damages for breach of contract. SETTLEMENT DISCUSSIONS According to plaintiff: Demand on complaint: $250,000. Offer on complaint: $40,000 highest offer pretrial plus percentage interest in certain contracts. TRIAL EXPERTS None. COMMENTS According to plaintiff: The jury poll was 11 to 1 on whether the release was valid; 12 to 0 on all the other issues; 9 to 2 on punitive damages with one abstension. The case
settled following the denial of the motion for new trial. |
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