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Main Auto Parts Inc. v. Dubord
DOCKET NUMBER: VG04186782, 2008 WL 496476, California Superior Court, Alameda County, 01/28/2008
Holding
In a case involving a landlord's forcible take over of a business location and the trade name, "Main Auto Parts," a plaintiff's verdict was issued by the jury. The plaintiff was awarded $788,600 for infringement of trade name, conversion, unfair competition, embezzlement, and unjust enrichment; $7,962 for forcible entry; and a total of $750 in punitive damages. The total award in favor of plaintiff was $797,312.
Detailed Summary
Plaintiff Main Auto Parts Inc. ("Main Auto Parts") brought suit for forcible entry, infringement of trade name, conversion, embezzlement, and unjust enrichment, and sought either possession of the disputed property or damages. On September 29, 2004, Main Auto Parts was the possessor of the disputed property where it operated its business, which was situated at 32 California Avenue, Suite A, in Pleasanton, California. Defendants Terence DuBord, Christie DuBord, Kathleen A. Hansen, and Matthew J. Hansen posted a notice on the property stating that Main Auto Parts had 30 days to vacate the premises. Shortly afterwards, plaintiff’s president discovered that defendants had forcibly taken over the property, changed the locks, and changed the security alarm code. According to plaintiff, defendants claimed ownership of Main Auto Parts’ inventory and established a business on the same property called “Main Auto Car & Truck Parts.”
In its complaint, Main Auto Parts asked for the following damages: $1,233 per day as the reasonable value of the use of its personal property; $750,000 for conversion, infringement of its trade name, and Defendants’ unjust enrichment; and $100,000 for embezzlement.
After trial, the jury issued a plaintiff’s verdict as follows: $788,600 for infringement of trade name, conversion, unfair competition, embezzlement, and unjust enrichment against defendants DuBord and McElwee; $7,962 for forcible entry against defendant Terence DuBord; $250 for punitive damages against defendant Terence DuBord; $250 for punitive damages against defendant Christie DuBord; and $250 for punitive damages against defendant Aaron McElwee. The total award in favor of plaintiff was $797,312.
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