California Court of Appeal

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Green Wood Indus. Co. v. Forceman Int'l Dev. Group, Inc., B190948

Verdicts finding defendant liable for fraud and negligence for its role in a conspiracy to induce plaintiff to pay for shipments of scrap metal that never existed is affirmed as plaintiff can recover from defendant all damages arising out of the conspiracy to commit fraud, notwithstanding the timing of defendant's overt acts in support of the conspiracy. Damages are governed by the California Uniform Commercial Code, and therefore plaintiff may recover its lost profits as damages for fraud. However, plaintiff may not recover as damages amounts alleged to arise from a claim by a third party against plaintiff, or obligation of plaintiff to a third party, even though the claim or obligation is the proximate result of defendant's tortious conduct.

Appellate Information

  • Decided 11/01/2007
  • Published 11/01/2007

Judges

  • MOSK, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Esner, Chang & Ellis, Stuart B. Esner, Los Angeles, and Andrew N. Chang, Oakland, for Defendant and Appellant., Law Offices of Jeffrey C. Chiao and Jeffrey C. Chiao for Plaintiff and Respondent.
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