- 9 - 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 The appellate court affirmed in an unpublished opinion filed on May 25, 1999, and the decision became final with issuance of a remittitur by the Court of Appeal on July 29, 1999.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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011