Thomas E. Johnston and Thomas E. Johnston, Successor in Interest to Shirley L. Johnston, Deceased, et al. - Page 9




                                        - 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          The appellate court affirmed in an unpublished opinion filed on             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