Our client, Fitovers Eyewear, filed a cross-complaint against plaintiff for breach of contract, breach of fiduciary duty, and conversion. At the mandatory settlement conference, the plaintiff demanded $200,000 to settle this case. The defendants offered a mutual release and walkaway with no one getting any money. About 30 days before trial, the plaintiff demanded $45,000 to settle the case.
The case was then tried before a jury. The jury rendered a special verdict that ultimately concluded our clients were to be the prevailing party, plaintiff was to receive nothing, and that Fitovers was to receive $7,754 plus interest in the sum of $1,650.00 and costs of suit in the approximate sum of $8,500 on its cross-complaint against the plaintiff for conversion of company money from Fitovers.
