Vu v. Nguyen
A jury returned a verdict for Pham awarding $435,308 jointly and severally against all the defendants for breach of oral contract, various fraud and misrepresentation causes of action, conversion, and common count of money had and received. Appellants contend the trial court erred by admitting testimony of, and documents produced by, an impeachment witness who had not been disclosed by Pham during discovery and was not on her witness list. In the alternative, they contend the court erred by denying their motion for new trial brought on the grounds they were unfairly surprised by the impeachment witness whose testimony was not used simply to impeach but to prove substantive aspects of Phams case. Appellants also contend the judgment against individual defendants Tung, Trinh, Luan, and Do is not supported by substantial evidence and the judgment improperly identified one of them with an erroneous fictitious name. Court reject their contentions and affirm the judgment.
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