Plaintiff brought an action against defendant clients for malicious prosecution and intentional infliction of emotional distress. Essentially, the plaintiff claimed that the defendants which included Restaurant Corporation of America dba Burger King had falsely informed the police that the defendant had converted money belonging to them which resulted in him being criminally charged with theft which required that he have a trial from which he was acquitted of those charges after a jury trial. The plaintiff sought $100,000 in damages for emotional distress and for costs and expenses for the criminal trial.
At a mediation, the plaintiff offered to settle for $50,000 which was refused by the defendants. After conducting discovery, on behalf of our clients, I then brought a motion for summary judgment on the plaintiff's claims. The Honorable Dzintra Janavs granted the motion and the defendants obtained a judgment on the entire claim.