Michelson

Michelson v. Hamada

Caution

1994 Cal. App. LEXIS 1090·29 Cal. App. 2d 1566·29 Cal. App. 4th 1566·36 Cal. Rptr. 2d 343·94 Daily Journal DAR 15182

Court of Appeal of CaliforniaOctober 27, 1994B049598California9,770 words

Opinion

Hastings, J.

Introduction

Defendant and appellant James S. Hamada, M.D. (Hamada) and plaintiff and respondent G. Karlin Michelson, M.D. (Michelson), both of whom practice orthopedic surgery, entered into several agreements providing that Hamada would share his office facilities with Michelson and provide certain billing and other services through his office personnel in exchange for payment. Michelson came to believe that Hamada was diverting moneys due Michelson for professional services rendered to patients, and he filed a complaint alleging breach of contract, breach of fiduciary duty, and fraud, among other causes of action. By special verdict, the jury found in favor of Michelson. The jury awarded damages of $140,000 for breach of contract, $500,000 for breach of fiduciary duty, and $500,000 for fraud. The jury further found that compound prejudgment interest should be assessed. In a separate phase of the trial, the jury awarded $1,250,000 in punitive damages.

After discharging the jury, the trial court ordered a total of $500,000 in actual damages, plus prejudgment interest “at the legal rate,” which it determined was 10 percent, compounded, and postjudgment interest at 10…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.

Parties

G. KARLIN MICHELSON
Plaintiff
JAMES S. HAMADA
Defendant

Judges

Hastings

Cites (65)

1 Cal. App. 4th 300
37 Cal. 2d 274
11 Cal. 2d 5
29 Cal. App. 2d 75
37 Cal. 2d 356
183 Cal. App. 2d 246
98 Cal. App. 2d 562
114 Cal. 681
6 Cal. App. 2d 126
120 Cal. App. 3d 931
3 Cal. App. 2d 454
176 Cal. App. 2d 100
232 Cal. App. 2d 513
188 Cal. 133
1 Cal. App. 4th 1093
106 Cal. App. 3d 457
67 Cal. App. 3d 19
147 Cal. App. 2d 357
221 Cal. App. 3d 1136
142 Cal. App. 3d 589
144 Cal. App. 3d 648
217 Cal. App. 2d 721
15 Cal. App. 2d 526
224 Cal. App. 3d 1413
42 Cal. 3d 490
246 Cal. App. 2d 123
139 Cal. App. 584
9 Cal. 3d 371
204 Cal. App. 3d 819
140 Cal. App. 148
19 Cal. 3d 278
64 Cal. App. 3d 685
217 Cal. App. 3d 187
4 Cal. 4th 1150
225 Cal. App. 3d 9
54 Cal. 3d 105
224 Cal. App. 3d 856
186 Cal. App. 3d 780
216 Cal. App. 3d 388
52 Cal. 403
92 Cal. 159
168 Cal. 755
108 Cal. App. 2d 806
113 Cal. App. 2d 107
125 Cal. App. 2d 697
48 Cal. App. 3d 657
69 Cal. App. 2d 28
21 Cal. 3d 801
132 Cal. App. 2d 363
7 Cal. App. 4th 565
7 Cal. App. 4th 889
43 Cal. App. 3d 483
30 Cal. 2d 746
48 Cal. 2d 672
149 Cal. App. 3d 584
40 Cal. App. 3d 819
18 Cal. 2d 674
219 Cal. App. 3d 1415
21 Cal. 3d 910
100 Cal. App. 3d 739
150 Cal. App. 3d 610
13 Cal. App. 4th 1061
213 Cal. App. 3d 1262
214 Cal. App. 3d 498
17 Cal. App. 3d 378