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Okada v. Whitehead

United States District Court, C.D. California, Southern Division

June 16, 2017

DONALD OKADA Plaintiff,
v.
MARK WHITEHEAD Defendant.

          FINAL JUDGMENT

         This action came on for trial on December 5, 2016, in Courtroom 10A of the above-entitled Court, the Honorable Josephine L. Staton, United States District Judge, presiding. Plaintiff and counter-defendant Donald Okada appeared by his attorneys, Randolph Gaw and Victor Meng of Gaw | Poe LLP, and defendant and counter-plaintiff Mark Whitehead appeared by his attorney, James Bryant of The Cochran Firm.

         Jury's Special Verdict.

         A jury of eight persons was impaneled and sworn to try the action. After a four-day trial and after deliberations, the jury returned a Special Verdict on December 9, 2016 in favor of Okada and against Whitehead on Okada's claims for: (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; and (4) equitable indemnification, and awarded Okada $306, 406.96 in contract damages, $9, 000 in fraud damages, $144, 000 in punitive damages, and $57, 000 for equitable indemnification. In addition, the jury found in favor of Okada and against Whitehead on Whitehead's counterclaims for: (i) breach of contract and (ii) breach of the implied covenant of good faith and fair dealing. The contents of the jury's Special Verdict, a redacted version of which was filed on December 9, 2016 as Doc. 247, is hereby incorporated by reference as if set forth fully herein.

         The Court's Findings of Fact and Conclusions of Law.

         On April 4, 2017, the Court issued Findings of Fact and Conclusions of Law granting Okada's request for judgment on Whitehead's equitable defenses, remaining counterclaims, [1] and request for declaratory relief and authorized the appointment of a receiver. The contents of the Court's Findings of Fact and Conclusions of Law, which was filed on April 4, 2017 as Doc. 270, is hereby incorporated by reference as if set forth fully herein.

         The Court's Order Appointing Receiver.

         On April 17, 2017, the Court entered the Order Appointing Receiver, which authorized the Receiver to take possession, custody, and control of Rockford Investment, Inc. and all of its assets, including but not limited to the Dominican Republic holding companies known as the SHR SOLAR Companies and the real property in the Dominican Republic known as Lions Gate. The contents of the Court's Order Appointing Receiver, which was filed on April 17, 2017 as Doc. 278, is hereby incorporated by reference as if set forth fully herein.

         The Court's Order Awarding Okada Attorneys' Fees.

         On June 12, 2017, the Court entered the Order Granting in Part Plaintiff's Motion for Attorneys' Fees, which awarded Okada $569, 026.25 in attorneys' fees and $83, 013.69 in costs. The contents of the Court's order, which was filed on June 12, 2017 as ECF No 314, is hereby incorporated by reference as if set forth fully herein.

         Based upon the jury's Special Verdict, the Court's Findings of Fact and Conclusions of Law, the Order Appointing Receiver, and the Order Granting in Part Plaintiff's Motion for Attorneys' Fees, IT IS HEREBY ORDERED AND ADJUDGED, and the Court ENTERS JUDGMENT AS FOLLOWS:

         1. Judgment.

         a. Judgment is entered in favor of Okada and against Whitehead on Okada's claims for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, and (4) equitable indemnification;

         b. Judgment is entered against Okada on Okada's trespass claim because Okada abandoned this claim at trial;

         c. Judgment is entered in favor of Okada and against Whitehead on all of Whitehead's counterclaims including but not limited to: (i) breach of contract; (ii) breach of the implied covenant of good faith and fair dealing, (iii) unjust enrichment, (iv) ...


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