By Jerry Carter. The Washoe County Business Court entered an August 23, 2012 Summary Judgment Order against the perpetrators of a check fraud.
The Business Court found that there was no genuine dispute that Defendant Davis received a check from A4 Diamond (“A4”) and then drafted a check in the amount of $200,000.00 (Canadian Dollars) made payable to the trust account of Plaintiff Tiras. In the meantime, A4 placed a stop payment on the check it sent to Davis and notified Davis of the stop payment. Nevertheless, knowing of the stop payment and concealing the information from Tiras, Davis directed Tiras to electronically transfer $202,000.00 in Tiras’s trust account to a third party, Defendant Ocean water Consultants, LLC (“Oceanwater”).
The Business Court found that the plaintiff met the elements of fraudulent misrepresentation against Davis and Oceanwater. by clear and convincing evidence. Nevertheless, the Court found that punitive damages would be improper.