Miller v. Fleming CA1/1
Plaintiff Britt Miller sued William Fleming for breach of fiduciary duty and breach of oral contract, alleging he had entered an oral partnership with Fleming to share profits on commercial real estate opportunities they agreed to pursue together. Following a bench trial, the trial court found in Miller’s favor on his breach of fiduciary duty claim and awarded him $3.7 million in compensatory damages. Fleming challenges the trial court’s decision, arguing no substantial evidence supported the finding Miller and Fleming had entered a partnership, and the damages award is both excessive and unsupported by the evidence. Fleming also argues the trial court erred in awarding expert fees based on an invalid Code of Civil Procedure section 998 (section 998) offer. We reverse the order awarding costs under section 998, but otherwise affirm.
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