Primetech v. Cohen
Plaintiff and cross-defendant Primetech Corporation (Primetech), and cross-defendants Robert Prestwood (Prestwood), Colleen Prestwood, and Lauren Financial Services, Inc., challenge the judgment entered after a bench trial on Primetechs complaint and the cross-complaint of defendant and cross-complainant Jonathan S. Cohen. Primetech contends the trial court erred in granting nonsuit on its cause of action for breach of loyalty and in limiting the damage award on its other causes of action to $10,000, despite the opinion of its expert witness that it suffered damages of $1.7 million. Cross-defendants contend the trial court erred in awarding Cohen $230,000 on his cross-complaint, asserting the amount was not supported by substantial evidence. We conclude that even if the trial court erred in granting nonsuit, Primetech was not prejudiced because the trial courts factual findings in its statement of decision preclude any recovery on the breach of duty claim. The trial court also did not err in limiting Primetechs damages because it was not required to accept the opinion of Primetechs expert, and had a reasonable basis for rejecting much of his testimony. Finally, we conclude cross-defendants waived any claim that the award to Cohen was unsupported by substantial evidence because in their appellate briefs they failed to fairly summarize all of the material evidence admitted at trial on the issue, or include in the record any of the numerous exhibits supporting that award. Accordingly, Court affirm the judgment.
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