Case No: CL 2016-3462 After considering the pleadings and exhibits, authorities, and oral arguments presented by Counsel, the Court finds that the ad damnum clause, seeking damages “in excess of $100,000,” is improper, and thus the Court must reduce the jury verdict to $100,000, the only ascertainable amount stated. Additionally, the non-solicitation clause is not overly...
Case No: CL-2015-11379 In a suit by the beneficiary of an unfunded subtrust against the trustee of the primary trust for alleged mismanagement, the Court found that the beneficiary of the subtrust did not have standing to bring a direct action against the trustee of the primary trust and did not have the right to bring...
Case No: CL 2013-16999 The Court finds that attorneys’ fees may be awarded on a fraud claim only when the Court sits as a court of equity and grants equitable relief. Because the Plaintiff sought a money judgment rather than equitable relief, the American Rule applies to each side to bear their own legal fees....
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