Date: 12-07-2015

Case Style: Carl Jordan v. Jeff Heckenkemper, Performance Real Estate Services, Inc. d/b/a Jeff Heckenkemper Renovations

Case Number: CJ-2013-4500

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: David Ross, Joel Wohlgemuth and Barrett Powers

Defendant's Attorney: George Mullican and Robert Hart for Jeff Heckenkemper, Performance Real Estate Services, Inc.

Description: Tulsa, OK - Carl Jordan v. Jeff Heckenkemper, Performance Real Estate Services, Inc. d/b/a Jeff Heckenkemper Renovations


1. Plaintiff Carl Jordan is an individual and resident of Tulsa County, Oklahoma.
2. Jeff Heckenkemper is an individual and resident of Tulsa County, Oklahoma.
3. Performance Real Estate Services, Inc., d/b/a Jeff Heckenkemper Renovations is an Oklahoma Corporation, which is currently under suspension by the Oklahoma Secretary of State, with its principal place of business located in Tulsa County Oklahoma.
4. Jurisdiction and venue in this Court are proper.
FACTUAL BACKGROUND
Agreement Between Plaintiff and Heckenkemper
5. On May 10, 2013, plaintiff made an oral agreement with and thereby engaged Heckenkemper to perform remodeling services at plaintiff 's home located at 2138 E. 27th Street, Tulsa, Oklahoma 74114. Heckenkemper's bid for the Project was in the total amount of $178,548.82. The services to be performed by. Heckenkemper included (i) remodeling plaintiff 's living room and kitchen, (ii) installing a new stucco favade on the upper portion of the outside of the house, and (iii) constructing a new stone walkway and covered entrance in the front of the house and a matching stone porch in the back.
6. Among other things, Heckenkemper represented to plaintiff that he has been in the construction and remodeling business and performing jobs of this scope for thirty (30) years. He also stated that he could show plaintiff other comparable projects that he has completed analogous to plaintiff 's project. Moreover, Heckenkemper represented that the Project would take approximately ninety (90) days and that he would start in June and finish no later than September 2013.

Heckenkemper's Lack of Supervision, Poor Planning and Del.ays

7. On June 4, 2013, Heckenkemper caused a dumpster to be delivered to plaintiff 's residence and the initial demolition began. Initially, Heckenkemper attempted to have the dumpster delivered on Friday, May 31, 2013, even though work was not set to begin until June 4. This would have unnecessarily cost plaintiff an extra $104.00 in rental fees for four (4) days while situated on plaintiff 's property, with no work proceeding. Plaintiff justifiably refused and was therefore required to argue with Heckenkemper before he agreed to have the dumpster delivered on June 4, the date work was to convene. This is just one example of the problems that arose from the very beginning of Heckenkemper's involvement. These were all. the direct result of Heckenkemper 's incompetence, indifference, and material misrepresentations, as discussed below.
8. Heckenkemper failed to appear at the worksite to supervise the demolition; instead, he communicated via text messages. In addition to, and as a result of his total lack of supervision, the work crew arrived late, or not at all. Many times they arrived at 2:30 p.m. and remained for approximately three (3) hours, doing little to nothing. However, plaintiff was consistently billed for a full day's work. There was a period of three (3) straight weeks where nothing was accomplished at all.

9. During the demolition of the kitchen, Heckenkemper halted all work because he stated that he needed to bring in a structural engineer in light of the fact that he was not certain if he could take down a wall to extend the kitchen, even though he already represented to plaintiff he could do it. Three (3) weeks went by with no work being performed. When plaintiff called Heckenkemper to check on the status, Heckenkemper casually remarked that he forgot to call the structural engineer. This caused a complete break in the work schedule. Moreover, it was common for there to be no one at the Project, and for plaintiff to receive no communication or responses from Heckenkemper to his inquiries. As a result, the Project fell significantly behind schedule.
Poor Quality of Work and Judgment

10. In addition to the lack of supervision displayed by Heckenkemper, he regularly displayed extremely poor judgment, and the quality of work that was performed and the materials used were inadequate and literally embarrassing.
11. In early June 2013 Heckenkemper directed his crew to begin removing the siding off of plaintiff 's home, even though the stucco was not going to be applied until late August to early September. This was incompetent and reckless because the underlying wood would be exposed to the elements for approximately three (3) months. To this day, the majority of plaintiff 's home remains exposed with no protective siding.
12. The stone walkway was crooked, uneven, and off-balance, and the front entrance was crooked as well. Heckenkemper did not utilize any blueprints for the job, even though they were required. In fact, Heckenkemper's own subcontractor on the walkway project informed plaintiff that blueprints were needed for the work to be performed by Heckenkemper.

13. On July 22, 2013 plaintiff met with Heckenkemper regarding the work performed
on the stone walkway and the front entrance. Due to the unacceptable and entirely deficient nature of the services performed with respect to the walkway, plaintiff also contacted an experienced third-party architect, Weldon Turner, to attend and to evaluate the work done on the walkway and other projects. The entire project was put on hold during the evaluation by Turner. Upon inspection, Turner stated that he was "flabbergasted" by the poor quality of the materials and work performed by Heckenkemper. Heckenkemper, however, attempted to convince plaintiff that the stone work was well done and was exactly what plaintiff desired. Heckenkemper eventually acknowledged that the work was rushed and of poor quality. He stated that the only reason he finished the entrance and the concrete for the walkway so quickly was to make it appear that progress was being made. Heckenkemper agreed to redo the job at no additional charge; however, he later charged plaintiff for the additional labor and materials.
14. Almost immediately upon viewing the Project, Turner also pointed out that Heckenkemper's plan to use stucco on the fa;:ade would not work because of the material on the house and the way the house was constructed. Using stucco would in fact ruin plaintiff 's home. He stated that the style and structure of the home would have to be significantly modified at great expense in order to use stucco. This is yet another glaring example of Heckenkemper's lack of knowledge and experience. It took Turner only minutes to determine that Heckenkemper was going to ruin the facade of plaintiff 's home by using improper material.
15. Inaddition to diagnosing the numerous problems with the walkway, front entrance and siding, Turner also determined that the foundation poured by Heckenkemper for the kitchen remodel was too small for the planned extension. This was a fundamental problem that basic arithmetic and blueprints could have easily prevented.
16. Inorder to expand the kitchen in plaintiff 's home, a wall needed to be removed and
a significant amount of electrical work was required. Heckenkemper initially told plaintiff that in order to take the wall down, the electricity to plaintiff 's home would need to be shut off for two days. However, Heckenkemper's electrician ultimately told plaintiff the power would be off for a week. This was unexpected and unacceptable to plaintiff.
17. On August 2, 2013, the electrical work was performed by Heckenkemper's subcontractor. From that point forward, the electrical system failed to operate properly. There were four (4) blown breakers within twenty (20) minutes, rendering the security alarm system unable to communicate with plaintiff 's security company. Heckenkemper's electrician refused to fix this unnecessary and vexing problem, which he directly caused, because he allegedly had to return to his home by 5:00 p.m. Heckenkemper would not, and did not, dispatch another electrician. Therefore, plaintiff was required to engage a third-party electrician, Gilly Electric, to resolve the problem that day and secure his home. Upon inspection, the electrician from Gilly described the electrical work as "shoddy" and dangerous to the point that plaintiff 's home could have burned to the ground. The cost to plaintiff to repair the electrical work was $788.47.
18. Plaintiff was also required to employ Hudson Plumbing and Air Company to troubleshoot problems with the HVAC system, which began after the inadequate services performed by Heckenkemper's electrician. Each time the air conditioner was turned on in plaintiff s home, the electricity to the entire house would go out. When plaintiff brought this problem to Heckenkemper's attention, Heckenkemper stated that the system was old and was having trouble due to the 100° weather. Plaintiff eventually employed Hudson, whose technician analyzed the system and determined that the real problem was the faulty electric work done by Heckenkemper's electrician, which caused the circuits in the house to overload whenever the airconditioner was turned on. After the faulty wiring was repaired, the air conditioner worked properly, without causing the power to fail.

19. On June 10, 2013, during the demolition of the kitchen wall and the fireplace, Heckenkemper disconnected and removed the vent to the hot water heater and, incredibly, did not replace it. Nor did he inform plaintiff. This allowed the hot water heater to expel poisonous carbon monoxide gas throughout plaintiff 's home, putting the lives of plaintiff, his two tenants, and any other occupants or visitors in danger. Plaintiff did not discover this highly perilous situation until the day after he terminated Heckenkemper. On August 9, 2013 Heckenkemper sent a text message to plaintiff stating that he (plaintiff) should replace the missing vent "pretty quick" to avoid a carbon monoxide build up. Moreover, Heckenkemper actually implied that plaintiff was at fault, by stating that he was going to put in a temporary vent but was prevented from doing so because he was terminated. This is truly absurd because two (2) months had elapsed since Heckenkemper removed the vent, which, due to the dangerous situation created, most certainly should have been replaced as soon as possible. Plaintiff again had to contact Hudson Plumbing and Air Company to install a new vent for the water heater, at an additional cost of $1, 170.00.
20. The electricity in plaintiff s home is still not working properly. Approximately one- third of the house remains without power. Plaintiff again contacted Gilly Electric to assess the problem, and after a more comprehensive review of the situation, Gilly's electrician discovered that in order to save time, Heckenkemper's electrician cut all of the wires leading to the work area. The Gilly electrician stated that the indiscriminate and sloppy severing of wires to purportedly save time was either the laziest or the dumbest thing he has ever seen. This also created a highly dangerous situation, as the live wires were left in the wall uncapped, creating an extreme fire hazard.

21. In addition to the electrical and plumbing services, plaintiff was required to have
the antenna on the communication box of his home alarm system replaced because it was broken off by one of Heckenkemper' s subcontractors. The repair technician noted that the removal of the antenna looked as if it had been deliberately ripped off. The antenna had to be ordered, leaving plaintiff 's home without a security system for an additional week.
22. Further, during the renovation, Heckenkemper's crew caused other unnecessary damage to the property. This included breaking both a storm door and a storm window. Also, new guttering which had recently been installed on plaintiff 's home had to be removed during the remodel. Plaintiff specifically instructed Heckenkemper and multiple others that all of the guttering materials were to be saved for re-installation; however, Heckenkemper destroyed the materials, which were valued at $1,800.00. Heckenkemper promised to pay for the guttering, but failed to do so.
23. Heckenkemper's crew showed an extraordinary lack of care by creating and leaving
an enormous and unsightly amount of trash and debris on the property, including shattered glass on each side of plaintiff 's home from the broken storm window and door, and an abundance of trash, nails and other waste. Plaintiff asked Heckenkemper numerous times to clean the premises to plaintiff 's reasonable standards, as the conditions were detrimental to the property and unsafe. Heckenkemper disregarded the repeated requests. On August 7, 2013, plaintiff again asked Heckenkemper to complete cleaning the property. Heckenkemper ignored the request. Also, at this time, plaintiff reminded Heckenkemper to show him some of his other projects that were the same scope as plaintiff 's. Heckenkemper never directly showed plaintiff any comparable projects; instead, he provided a list of eight (8) properties that plaintiff had to locate and view. Of these properties, only one was similar in scope to plaintiff 's project.



Termination of Heckenkemper and Removal of Equipment and Debris

24. On August 8, 2013, plaintiff sent a written notice terminating Heckenkemper for poor quality of work and materials, lack of progress, lack of supervision, lack of communication, lack of concern for plaintiff 's property, and the need to hire third-parties, including an architect, electrician and plumber to cure problems caused by Heckenkemper. ( See August 8, 2013 Notice of Immediate Termination from Carl Jordan to Jeff Heckenkemper, attached as Exhibit A). In this notice, plai ntiff stated that Heckenkemper needed to clean and remove all equipment, trash, debris and material. Plaintiff also informed Heckenkemper that because he (plaintiff) was current on all invoices, no further payments would be made to Heckenkemper. Plaintiff also called and left a voicemail for Heckenkemper stating that he had just sent him a letter and that they needed to talk about the future of the Project. When plaintiff returned to his home late that afternoon, Heckenkemper was at the worksite, which in itself was unusual because he was almost never present in person. Heckenkemper preferred to communicate via text messaging. Plaintiff took this opportunity to terminate Heckenkemper in person, and asked him to remove all materials and equipment from his property. Heckenkemper refused.
25. On August 13, 2013, plaintiff sent a second and final notice of termination and final notice to pick up all equipment, material and debris from plaintiff 's property. ( See August 13, 2013 letter from Carl Jordan to Jeff Heckenkemper, attached as Exhibit B.) Heckenkemper failed to comply.
26. Due to Heckenkemper's refusal to clean the property, plai ntiff was required to spend $500.00 to have the debris removed from his property.
27. As a result of the poor living conditions created by Heckenkemper (including a faulty and dangerous electrical system, a power outage in one-third of the house, and no usable kitchen or living room), plaintiff has not collected rent from either of his two tenants since May 2013. This has cost him in excess of $4,000.00 to date, exclusive of the utility bills he continues to pay.

Heckenkemper's Fraudulent Overbilling and Double Billing

28. In addition to the additional funds expended by plaintiff to redo poor work and to repau or replace items damaged or destroyed by Heckenkemper, Heckenkemper overbilled plaintiff.
29. Heckenkemper illegally billed plaintiff for the labor and materials to demolish and reconstruct the walkway, even though he previously agreed that the walkway he installed was done poorly and that he would redo it at no additional charge. Therefore, plaintiff was double billed for the same job.
30. Heckenkemper's most current invoice and expense sheet (August 21, 2013) for

$42,249.65 consists of labor and services already performed and paid for as of July 12, 2013. There are also charges for labor never performed and materials that were never delivered, and there were no purchase orders, delivery tickets or invoices provided to support these charges.
31. To date plaintiff has paid $20,000.00 to Heckenkemper. This amount combined with the current invoice of $42,249.65 in charges totals $62,249.65. The Heckenkemper invoice reflects 35% of the entire bid of $178,548.82. However, the status of the Project is substantially below 35% completion.
The Heckenkemper Lien

32. On September I, 2013, plaintiff received a letter and a Preliminary Lien Notice from Heckenkemper informing him that he owed an outstanding balance to Heckenkemper and that if it was not paid immediately, Heckenkemper would file a material or mechanic's lien on plaintiff s property. ( See August 30, 2013 letter with attachments from Jeff Heckenkemper to Carl Jordan, attached as Exhibit C). Heckenkemper inexplicably asserted that plaintiff was holding
Heckenkemper's equipment illegally, even though plaintiff had repeatedly asked Heckenkemper to remove his material and equipment from the property prior to and after his termination.
33. On September 11, 2013 Heckenkemper filed a baseless material or mechanic's lien with the Tulsa County Clerk for $42,249.65, based on the utterly false claim that plaintiff owed an outstanding balance to Heckenkemper. (See Material or Mechanic's Lien, filed September 11, 2013, attached as Exhibit D). The lien represents an illegal encumbrance on plaintiff s property.

CLAIMS FOR RELIEF

COUNT I

Breach of Contract

34. Paragraphs 1 through 33 are incorporated by reference.

35. By reason of the foregoing acts and omissions, Heckenkemper has breached his obligations under the Oral Contract.
36. As a direct result of such breach, plaintiff has been damaged in an amount of at

least $10,000.00, representing overcharges paid to Heckenkemper for work performed, work unperformed, and for remediation work i n connection with mistakes caused by Heckenkemper and his subcontractors, and also in excess of the amount-in-controversy requirement of 28 U.S.C.
§ 1332.

COUNT II

Breach of the Implied Covenant of Good Faith and Fair Dealing

37. Paragraphs I through 36 are incorporated by reference.

38. Heckenkemper was at all relevant times under express or implied contractual duties to act in good faith and fair dealing with plaintiff. As discussed herein, Heckenkemper breached those duties.
39. As a direct result of such breach, plaintiff has been damaged in an amount in excess

of $10,000.00, and also in excess of the amount-in-controversy requirement of 28 U.S.C. § 1332.

COUNT III

Gross Negligence

40. Paragraphs 1-39 are incorporated by reference.

41. As a matter of law, there arose from the relationship between Heckenkemper, on the one hand, and plaintiff, on the other, a duty on the part of Heckenkemper to (i) act with due care in his dealings with plaintiff to present to him a completed project in accordance with the terms and conditions of their agreement and (ii) act reasonably with respect to acts and omissions that might foreseeably harm plaintiff. The acts and omissions of Heckenkemper, as described herein, constitute gross negligence.
42. As a direct result of Heckenkemper's gross negligence, plaintiff has been damaged m an amount not less than $10,000.00, and also in excess of the amount-in-controversy requirement of 28 U.S.C. § 1332, plus punitive and exemplary damages discussed below.
Count IV Unjust Enrichment
43. Paragraphs I through 42 are incorporated by reference.
44. Heckenkemper has received $20,000.00 in payments from plaintiff, including overcharges, for incomplete and incompetent work. That money was unlawfully obtained by Heckenkemper, who has been unjustly enriched to the detriment of plaintiff.
45. As a direct result of such unjust enrichment, plaintiff has been damaged in an amount not less than $10,000.00 and also in excess of the amount-in-controversy requirement of 28 U.S.C. § 1332.

COUNT V

Actual Fraud

46. Paragraphs 1-45 are incorporated by reference.
47. Representations made by Heckenkemper during the period February 10, 2013 to present, includi ng those with respect to his ability to supervise the Project, complete a project of this scope, and engage competent people to execute the Project, and the like, were made falsely or were made with reckless disregard as to their truth or falsity. Those misrepresentations were made with the intent that plaintiff rely upon them, and plaintiff in fact relied upon those misrepresentations to his detriment.
48. As a result of the fraudulent misrepresentations of Heckenkemper, plaintiff has been damaged in an amount in excess of $10,000.00, and also in excess of the amount-in­ controversy requirement of 28 U.S.C. § 1332, plus punitive and exemplary damages discussed below.
Count VI

Negligent Misrepresentation

49. Paragraphs 1-48 are incorporated by reference.
50. As more particularly described above, certain representations made by Heckenkemper were false. Even if those representations did not constitute actual fraud under applicable state and common law, they were, at the very least, designed to gain an unfair advantage over plaintiff for the purpose of obtaining payments which Heckenkemper knew or should have known should not have been billed and collected. Those misrepresentations (and omissions which should have been disclosed to plaintiff) were material, and plaintiff had an absolute and underlying right to be correctly informed of all facts. Plaintiff reasonably relied upon the misrepresentations of Heckenkemper, who had the duty to act with care in conveying to or concealing facts and other

information from plaintiff.

51. As a result of those negligent misrepresentations and omissions, plaintiff has been damaged in an amount in excess of $10,000.00, and also in excess of the amount-in-controversy requirement of 28 U.S.C. § 1332, plus punitive and exemplary damages discussed below.
Count VII Deceit
52. Paragraphs 1-51 are incorporated by reference.

53. As set forth above, Heckenkemper made material misrepresentations which constitute deceit within the meaning of 76 Okla. Stat. § 3.
54. As a direct result of such deceit, plaintiff is entitled to damages under 76 Okla. Stat.

§ 2 in an amount in excess of $10,000.00, and also in excess of the amount-in-controversy requirement of 28 U.S.C. § 1332, plus punitive and exemplary damages discussed below.
COUNT VIII

Slander of Title

55. Paragraphs 1-54 are incorporated by reference.

56. Heckenkemper had no right to file the material or mechanic's lien on plaintiff s property. The work and materials that are the subject of the lien were either already paid for or not performed or delivered by Heckenkemper.
57. Heckenkemper' s actions amount to slander of title under Oklahoma law in that Heckenkemper (i) publicized (ii) a false statement (iii) with malice (iv) causing special damage by reason of the publication (v) to property owned by plaintiff.
58. As a result of Heckenkemper's slander of title causing an illegal encumbrance on plaintiff 's property, plaintiff has been damaged in an amount in excess of $10,000.00, and also in excess of the amount-in-controversy requirement of 28 U.S.C. § 1332, plus punitive and exemplary damages discussed below.

Count IX Accounting
59. Paragraphs 1-58 are incorporated by reference.
60. Plaintiff is contractually entitled to a full and accurate accounting from Heckenkemper. Plaintiff is also entitled to such an accounting under applicable common law and the principles of equity in any event.
61. Plaintiff requests that the Court order Heckenkemper to provide the following with respect to the project at issue:
a. All invoices to Heckenkemper from a Heckenkemper contractor, subcontractor, vendor, or laborer;
b. Documents showing all money paid by Heckenkemper to any and all contractors, subcontractors, vendors, laborers, agents, and employees of Heckenkemper, and any other person or entity, whether or not pursuant to an invoice;
c. All invoices, bills, and other documents reflecting the actual cost of all labor and materials in connection with the project at issue, organized in a manner in which plaintiff may discern the actual out-of-pocket costs of Heckenkemper.
Upon completion of the accounting, Heckenkemper should be ordered to pay over to plaintiff all property and money determined to be due plaintiff.
COUNT X

Punitive and Exemplary Damages

62. Paragraphs 1- 61 are incorporated by reference.
63. The above-described conduct of Heckenkemper rises to the level of willful, wanton,

heinous, grossly negligent, or reckless conduct for which he should be punished by an award to plaintiff of exemplary and punitive damages in an amount sufficient, taking into consideration the assets and worth of Heckenkemper, to render the consequences of his conduct an example to himself. In this regard, and under the specific facts of this case, Heckenkemper is liable for both Category I and Category II punitive damages, as described in 23 Okla. Stat. § 9.1. Under Category I, Heckenkemper plainly acted in reckless disregard of the rights of others, thereby entitling plaintiff to a potential jury award in the amount equal to the actual damages awarded by the jury
for Counts III, V, VI, VII and VIII above.

64. Heckenkemper is also liable for Category II punitive damages because he acted intentionally and with malice toward others. Requisite malice may be inferred from gross negligence that indicates conscious indifference to consequences of one's acts or reckless disregard for safety of others. Silkwood v. Kerr-McGee Corp., 769 F.2d 1451 (10th Cir. (Okla.) 1985). Accordingly, and in accordance with 23 Okla. Stat. § 9. l(C), Heckenkemper should be liable for punitive damages in an amount not to exceed the greatest of:
(a) Five Hundred Thousand Dollars ($500,000.00),

(b) Twice the amount of actual damages awarded, or

(c) The increased financial benefit derived by the defendants or insurer as a direct result of the conduct causing the injury to the plaintiff and other persons or entities.

PRAYER FOR RELIEF

WHEREFORE, plaintiff, Carl Jordan, requests that the Court enter judgment against defendants, Jeff Heckenkemper and Performance Real Estate Services, Inc., d/b/a/ Jeff Heckenkemper Renovations as follows:
A. Actual damages against Heckenkemper in an amount to be proved at trial, but in
any event in excess of $10,000.00, and also in excess of the amount-in-controversy requirement of 28 U.S.C. § 1332 for Counts I, II, III, IV, V, VI, VII and VIII.
B. Exemplary and punitive damages as claimed in Counts III, V, VI, VII, VIII and X against Heckenkemper;
C. An award of all costs incurred by plaintiff in defending, bringing, and prosecuting
this action, including reasonable attorney's fees;
D. Pre- and post-judgment interest as allowed by applicable Oklahoma law; and
E. All other relief to which plaintiff is entitled at law or in eq ity.

Outcome: NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
1 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
1 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
2 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
2 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
3 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
3 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
4 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
4 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
5 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
5 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
6 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
6 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
7 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
7 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
8 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
8 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
9 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
9 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
10 HECKENKEMPER, JEFF
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
10 PERFORMANCE REAL ESTATE SERVICES INC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
11 JORDAN, CARL
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
12 JORDAN, CARL
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
13 JORDAN, CARL
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
14 1ST CALL ELECTRIC LLC
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
14 BRAVO, SAUL
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
14 CHINCHILLA, ALBERTO
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
14 MOORE, STEVE
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
14 PATTON, GREGORY
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
14 PEREZ, PERSI
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.
14 REYES, DANIEL
12-07-2015 DISPJD

NIGHTINGALE, REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID ROSS, JOEL WOHLGEMUTH, AND BARRETT POWERS. DEFENDANT PRESENT AND REPRESENTED BY GEORGE MULLICAN AND ROBERT HART. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. JURORS EXCUSED FOR CAUSE. OPENING STATEMENTS ARE MADE. 8 WITNESSES SWORN. RULE WAS INVOKED. REPORTER THERESA REEL. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEMURRERS BY DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF DISMISSES THE CLAIM FOR ACCOUNTING WITH PREJUDICE. DEFENDANT PRESENTS EVIDENCE AND RESTS. NO REBUTTAL. REQUEST FOR DEFENDANTS' DIRECTED VERDICT IS DENIED. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:30 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM OF BREACH OF CONTRACT." "WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S CONTRIBUTORY NEGLIGENCE 50%
2. DEFENDANTS' NEGLIGENCE 50%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $500. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF DEFENDANTS, AS TO PLAINTIFF'S CLAIM SLANDER OF TITLE." WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANTS, AND AGAINST PLAINTIFF, AND, FIX THE DOLLAR AMOUNT OF THEIR DAMAGES IN THE SUM OF $29,275.69." DEFENDANTS TO SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT.

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