Mustachio

Mustachio v. Great Western Bank

Good Law
1996 Cal. App. LEXIS 802·48 Cal. App. 4th 1145·56 Cal. Rptr. 2d 33·96 Daily Journal DAR 10217·96 Cal. Daily Op. Serv. 6313
Court of Appeal of CaliforniaAugust 21, 1996B098467California1,616 words

Opinion

Opinion

Lillie, J.

Great Western Bank appeals from an order after judgment finding Marie Mustachio to be the prevailing party and awarding her $65,000 as reasonable attorney’s fees.

Statement of Facts and Procedural History

As a result of unauthorized access to Marie Mustachio’s safe deposit box granted by Great Western Bank, she filed an action in superior court. Following a jury trial and by special verdicts, the jury found Great Western liable to her for conversion, breach of contract, negligence and negligent infliction of emotional distress. On August 23, 1993, Marie Mustachio was awarded damages of $348,770, which sum included damages of $180,270 as a result of the conversion, general and special damages for emotional distress in the amount of $18,500 and punitive damages in the amount of $150,000. The court, sitting without a jury, found that by way of Great Western’s cross-complaint against cross-defendant Angelo Mustachio for express indemnity, Great Western was entitled to judgment against Angelo Mustachio in the sum of $198,770 plus costs and interest from the date of entry of judgment. Marie Mustachio was awarded costs in the sum of $81,490.69, including attorney’s fees.

The…

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