Kodama
Kodama v. Vega CA2/3
Opinion
Opinion
Aldrich, J.
INTRODUCTION
Defendant Lirio A. Vega appeals from the judgment entered after trial to the court. She challenges the orders denying her motions to reopen evidence and for new trial. We conclude defendant has not demonstrated abuse of trial court discretion in denying either motion. Accordingly, we affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
The instant lawsuit stems from a series of financial and insurance transactions in which defendant served as financial advisor and insurance agent for plaintiff Anicia P. Kodama and her late husband, Henry T. Kodama. Plaintiff’s complaint sought damages for breach of fiduciary duty, elder financial abuse (Welf. & Inst. Code, §§ 15610.30 & 15657.5), fraud, constructive fraud, negligent and intentional infliction of emotional distress, and violations of various provisions of the Insurance Code. The case was tried to the bench over the course of two days but lasted fewer than eight hours. Plaintiff put on two witnesses and testified on her own behalf with the assistance of a certified court translator from Tagalog to English. After plaintiff rested, the court turned to defendant’s attorney, Lloyd I. Silverberg, and stated: “Call your…