Court of Appeal orders a new trial for GMSR’s clients on the basis of disjunctive wording in a special verdict form

Siry v. Farkhondehpour et al. (2012) 2012 Cal.App. Unpub. LEXIS 9014 (California Court of Appeal, Second Appellate District, Division Two) [unpublished]. Plaintiff sued its two partners, including GMSR’s clients, both in their individual capacities and in their capacities as trustees of various trusts, claiming that they wrongfully withheld distributions. In a special verdict, the jury found defendants liable “individually or as trustees,” and awarded plaintiff compensatory and punitive damages. On appeal, GMSR argued that the disjunctive verdict mandated reversal and a new trial. The Court of Appeal agreed, reversing both the judgment and an accounting order premised on the judgment.