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transactions. Mr. Fitzsimon was awarded compensatory damages
against Mr. Spence, Mr. Johnston, and their related entities, as
well as punitive damages against Mr. Spence and Shannon. A
constructive trust was imposed on the $3 million note secured by
deed of trust. The ruling with respect to alter ego status was
also explicitly reiterated.
The judgment was appealed by Mr. Johnston and his related
entities to the Court of Appeal of the State of California,
Fourth Appellate District, Division Three. Fitzsimon v. S.C.
Equestrian Lots, Ltd., No. G018290 (Cal. Ct. App. May 25, 1999).
The appellate court affirmed in an unpublished opinion filed on
May 25, 1999, and the decision became final with issuance of a
remittitur by the Court of Appeal on July 29, 1999.
The second suit brought by Mr. Fitzsimon, Fitzsimon v. Good,
Wildman, Hegness & Walley, No. 733226 (Cal. Super. Ct.5), was an
action against Mr. O’Keefe and his firm for professional
malpractice, fraud, and spoliation of evidence. Before trial the
defendants brought several motions in limine to exclude documents
and testimony, including notes made by Mr. O’Keefe at the June
28, 1989, meeting. The trial court ruled that the materials were
protected by the attorney-client privilege, on grounds that (1)
5 The materials submitted by the parties do not divulge any
specific dates of relevant action by the Superior Court in this
case. It seems likely, however, that the suit would have been
filed, and the nonsuit judgment entered (see infra text), in
1999.
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