The defendant moved for summary judgment to dismiss the plaintiff's claims for breach of fiduciary duty and punitive/aggravated damages, and for complete dismissal of the action.
The court granted partial summary judgment, dismissing the claims for breach of fiduciary duty and punitive/aggravated damages, finding no genuine issue for trial on these points.
The court declined to grant full summary judgment on the plaintiff's claim for the return of a $5,000 retainer, as it involved credibility assessments regarding the amount legitimately billed by the defendant.
Instead, a reference to an Assessment Officer was directed to determine the exact amount owing for the retainer.
