Free Clerk's Judgment - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Lawrence J. Warfield, Plaintiff,

v.

Michael Alaniz, et al., Defendants ___________________________

) ) ) JUDGMENT IN A CIVIL CASE ) ) CIV 03-2390-PHX-JAT ) ) ) ) )

x

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

IT IS ORDERED AND ADJUDGED that Judgment is entered as follows: As to defendant Leonard Bestgen, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $1,000; Constructive Fraud claim $10,400; Negligence per se claim $32,000; Arizona Securities Laws claim $10,400; and Unjust Enrichment claim $1,000; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $32,000. As to defendant Robert Carroll, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $800; Constructive Fraud claim $8,300; Negligence per se claim $37,000; Arizona Securities Laws claim $8,300; and Unjust Enrichment claim $800; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in

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favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $37,000. As to defendant Rudy Crosswell, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $700; Constructive Fraud claim $7,100; Negligence per se claim $31,900; Arizona Securities Laws claim $7,100; and Unjust Enrichment claim $700; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $31,900. As to defendant Charles Davis, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $2,000; Constructive Fraud claim $19,900; Negligence per se claim $109,900; Arizona Securities Laws claim $19,900; and Unjust Enrichment claim $2,000; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $109,900. As to defendant Paul Richard, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $1,400; Constructive Fraud claim $14,300; Negligence per se claim $64,700; Arizona Securities Laws claim $14,300; and Unjust Enrichment claim $1,400; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $64,700. As to defendant Patrick Wehrly, Inasmuch as the Verdicts are on the following claims in the following amounts: Federal Securities Laws claim $700; Constructive Fraud claim $7,100; Negligence per se claim $39,000; Arizona Securities Laws claim $7,100; and Unjust Enrichment claim $700; and inasmuch as these amounts are not cumulative; accordingly, IT IS ORDERED that Judgment is entered in favor of the Receiver, Lawrence J. Warfield, in the amount of the highest verdict, $39,000.

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IT IS ORDERED that Judgment is entered in favor of Defendants Leonard Bestgen, Robert Carroll, Rudy Crosswell, Charles Davis, Paul Richard and Patrick Wehrly with respect to Plaintiff's Negligence claim, Conversion claim, Uniform Fraudulent Transfers Act §44-1004A(1) claim, and Uniform Fraudulent Transfers Act § 44-1004A(2) claim.

DATE: February 28, 2007

RICHARD H. WEARE, Clerk/DCE By: s/L. Fettis Deputy Clerk

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