Transcript The First Lawsuit

Litigation in the News
4/01/2014
Jury trial in Kings County concludes
with verdict of $1.27 million in favor
of plaintiffs.
Defendants will appeal.
The First Lawsuit (12/11/2009)
Plaintiffs
Grow Land & Water LLC
Kings Co. Ventures LLC
Defendants
McCarthy Farms
Angiola Water Dist
Named “Doe” Defendants:
Sandridge Partners
Michael & John Vadovich
Tomaino Trust
Apricot Pit
Larry Ritchie
Cross-Complaint
X-Complainant
Sandridge Partners
X-Defendants
Kings County Ventures
Grow Land & Water
AND
Grow Holdings GP
Hays Family Trust
Michael Bedner
Kathy Eldon
The Second Lawsuit (12/15/2009)
Plaintiffs
Sandridge Partners GP
McCarthy Farms, Inc.
Defendants
Grow Land & Water LLC
Kings Co. Vendutres
AND
Liberty Land & Water
This 2nd filed case was eventually
merged with the first case.
Parties Dismissed
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K&M Vidovich Farming LP
T&K Vidovich Farming LP
T&M Vidovich Farming LP
L&M Vidovich Farming LP
Lydia Vidovich, Marilyn Vidovich, Stephen
Vidovich, Mary Vidovich, Theresa Vidovich,
and Laura Vidovich
The Issues – 1st Complaint
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Specific Performance
Breach of Contract
Intentional interference with contract
Intentional interference with economic relations
Conspiracy
Constructive Trust
Injunctive Relief
Amended to add: Breach of fiduciary duty;
constructive fraud; legal malpractice-negligence
The Issues – Cross-Complaint
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Breach of contract with declaratory relief
Quiet title
Interference with contract
Interference with prospective economic
advantage
• Slander of title and cancellation of instrument
The Issues – 2nd Complaint
• Declaratory relief
• Quiet Title
Significant Dates
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Jury Trial initially set to commence 9/17/2012
11/13/2012: New trial date 4/15/2013
3/22/2013: New trial date 12/3/2013
11/04/2013: Trial date 12/03 – 20/2013,
resuming 1/6/2014 – 2/10/2014
• 12/03/2014: Trial date 1/27/2014 for 6 weeks
• 1/7/2014: Trial begins with jury selection
Submissions re Trial
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Lodging of original deposition transcripts
Proposed exhibit list
Jury questionnaire form
Notices of intent to use deposition testimony
in lieu of witness in court
How many exhibits?
• Court requested that 700+ exhibits are to be
pre-marked before start of trial.