[DOWNLOAD] "Liodas v. Sahadi" by Supreme Court Of California # Book PDF Kindle ePub Free

eBook details

Title: Liodas v. Sahadi
Author : Supreme Court Of California
Release Date : January 11, 1977
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

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[19 Cal3d Page 282] We granted a hearing in this case principally to determine the proper standard of proof of civil fraud, and we address that question in Part III of this opinion. After reviewing the record we conclude that the remaining issues, insofar as necessary to a disposition of the appeal, were correctly resolved by the Court of Appeal. Accordingly, the opinion of the Court of Appeal, prepared by Presiding Justice Caldecott, is adopted with certain deletions and additions as and for the opinion of this court. The opinion is as follows:**** [] [Plaintiff Liodas (hereinafter Liodas or appellant), as trustee of the bankrupt estate of Oscar Horany, brought an action against defendant Sahadi (hereinafter Sahadi or respondent) for damages for fraud and for breach of fiduciary obligation. The complaint alleged that Sahadi, Horany's former attorney, deprived his client of certain assets which Sahadi held in trust by fraudulently persuading Horany to enter a ""buy-out"" agreement transferring the assets to him for inadequate consideration. The jury returned a substantial verdict for Liodas, awarding both compensatory and punitive damages, and judgment was entered accordingly. Sahadi moved for a new trial on all the statutory grounds. (Code Civ. Proc., Â§ 657.) The court granted the motion and vacated the judgment, but limited the new trial to the issue of damages.