Page 33 - CLT112320
P. 33

CONNECTICUT OPINIONS                       NOVEMBER 23, 2020 ¦ 33

court first accepted Marcum’s report and DAMAGES
entered judgment on the second count of
the complaint accordingly. The court then    Court Found Sufficient Evidence to
ordered that the parties pay Marcum for      Support Prejudgment Remedy
his fees plus interest. The court rejected
plaintiff ’s arguments that Marcum’s invoices CASE: Friere v. Werdann
failed to provide sufficient “detailed billing COURT: New Haven J.D. at Meriden
invoice[s] itemizing hourly billers” and also DOC. NO.: CV-20-5012454
rejected defendant’s arguments that Marcum COURT OPINION BY: Sizemore
spent unnecessary time reviewing irrelevant DATE: October 09, 2020 • PAGES: 6
documents.                                   Plaintiff previously sued defendant over con-
                                             struction done at her property. She claimed the
                                             work was never performed and/or it was per-
CRIMINAL APPEALS                             formed in a negligent manner and she has now

Court Denied Murder Defendants’              suffered money damages. She filed an applica-
Motions for a New Trial Based on             tion for a prejudgment remedy of an attachment
Alleged Evidentiary Errors                   in the amount of $80,000. Defendant was served
                                             with this application at his residence but did not
                                             appear at the remote hearing. Plaintiff filed a
                                             motion for default for failure to appear and the
CASE: Patel v. State of Connecticut          court granted the motion, as well as entered an
COURT: Litchfield J.D. at Torrington
DOC. NO.: CV-18-6017043                      order for the issuance of the $80,000 attachment
COURT OPINION BY: Danaher                    to be filed. The court found that plaintiff’s testi-
DATE: September 28, 2020 • PAGES: 6          mony demonstrated that she has probable cause
Both plaintiffs filed petitions for a new trial to sustain the request for the prejudgment rem-
based on alleged evidentiary errors made edy of an attachment. She hired defendant for
during the murder trial. The court denied construction services in December 2018 and she
both motions. Niraj Patel argued that in the paid him a $9,000 deposit. He did not start until
underlying trial, the court improperly denied September 2019, he did not properly file permits
admission of allegedly inconsistent state- with the town, and he lacked proper licensing.
ments by a cooperating witness, John Doe. He never finished the job and left her home in
The court had rejected this evidence, which substantial disarray. An expert testified that de-
was an affidavit by Niraj’s lawyer, because fendant’s work was substandard and incorrect.
plaintiffs had not shown the alleged incon- Therefore, the court found sufficient evidence to
sistent statements to Doe when he testified; support an attachment of $80,000.
rather, they completed their examination of
Doe without showing him the affidavit, ex-   Fraudulent Misrepresentation of
cused him as a witness, and then attempted   Paternity of Child Results in Summary
to introduce the statement through the at-   Judgment
torney. The court found that this approach
did not comply with the Connecticut Code
of Evidence. The court found that a new      CASE: Marafi v. Achchabi
trial mandates full compliance with this     COURT: Stamford J.D. Complex Litigation Docket
Code’s requirements. The court also re-      DOC. NO.: CV-18-6036789
jected plaintiffs’ arguments that there was  COURT OPINION BY: Ozalis
                                             DATE: November 02, 2020 • PAGES: 18
newly discovered evidence that Doe was Plaintiff is the Kuwaiti Ambassador to Austria,
promised a benefit if he recorded certain and the defendant’s ex-husband. After they met
statements. Plaintiffs claimed that had they and became romantically involved, defendant
known about this alleged benefit offered to married another man but asserted the relation-
Doe, they could have impeached him with it. ship was not sexual in nature. Thereafter, de-
However, the court found that plaintiffs did fendant became pregnant, told plaintiff it was
not establish that this impeachment would his child and suggested defendant and plaintiff
have changed the outcome of either trial. purchase a Connecticut vacation home together
Therefore, the court denied the motions for a for the family. Plaintiff transferred funds from
new trial.                                   his Kuwaiti bank account to defendant’s ac-

                                                                                 CONNECTICUT
                                                                                  Law Tribune
   28   29   30   31   32   33   34   35   36   37   38