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Judgment granted against defendants as penalty for continued contempt of court orders in $9M fraud action.
The plaintiffs sought penalties against the defendants for their continued contempt of court orders requiring them to provide an accounting of $9,000,000 in allegedly defrauded funds, information about luxury automobiles, contact information, and disclosure.
The court found that the defendants had not purged their contempt and provided implausible explanations for their non-compliance.
As a penalty, the court granted judgment against the defendants, striking their ability to defend the action, and awarded substantial indemnity costs to the plaintiffs.
The court granted a mandatory injunction compelling a property sale due to the defendants' oppression.
The plaintiffs sought interim orders to compel the sale of a property and non-party document disclosure, alleging oppression and fraud by the defendants.
The court applied the strong prima facie case test for the mandatory interlocutory injunction.
It found a strong prima facie case of oppression due to the defendants' breach of shareholder agreements, diversion of funds, and lack of credibility, evidenced by their non-compliance with previous court orders.
The court approved the plaintiffs' proposed sale of the property for $12 million over the defendants' $15 million offer, citing the plaintiffs' offer's certainty and the defendants' unreliability.
The court also granted the non-party production order.