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The court granted partial summary judgment dismissing spurious claims for fiduciary breach and punitive damages arising from an expert retainer dispute.
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.
