Toler

Filed 5/16/14 Toler v. Gordon CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

JOEL THOMAS TOLER,

Plaintiff and Appellant,

A136032

v. DONALD GORDON et al., (Solano County Super. Ct. No. FCS035803) Defendants and Respondents.

MEMORANDUM OPINION*

Joel Thomas Toler appeals from a judgment entered on a jury verdict rendered in favor of respondents Donald and Terry Gordon.1 The jury awarded the Gordons $150,000 in compensatory damages on claims of malicious prosecution, intentional infliction of emotional distress, and assault. It also found Toler had engaged in the tortious conduct with malice, oppression, or fraud and awarded respondents $300,000 in punitive damages. Toler claims on appeal that: (1) the Gordons failed to prove elements of their…