$256 million verdict awarded to defunct Newport Beach-based auto group vacated; new trial ordered

[TexasTowelie]

A jury verdict that awarded $256 million to a defunct Newport Beach-based auto group has been vacated by a Superior Court judge who cited improper procedures and juror misconduct in his October decision.

Judge Thierry Patrick Colaw granted a motion by Nissan Motor Acceptance Corp., a lending division of automaker Nissan Motor Ltd., seeking a new trial.

The lawsuit against NMAC stretched back to the Great Recession in 2009, when Michael Kahn, owner of Superior Automotive Group, lost his businesses and sued, claiming NMAC defaulted on his dealerships after payments for inventory missed guidelines stipulated by the lender.

Kahn operated seven Nissan and Toyota dealerships in Los Angeles and the Bay area.

Colaw noted an irregularity of jury proceedings and juror misconduct, writing “Juror No. 5 was very probably biased against NMAC from the outset of the trial. Such irregularity in the jury proceedings and misconduct by No. 5 deprived NMAC of its ‘constitutional right to trial by a jury consisting of 12 unbiased unprejudiced individuals.’ ”

Read more: http://www.ocregister.com/2017/12/01/256-million-verdict-awarded-to-defunct-newport-beach-based-auto-group-vacated-new-trial-ordered/

[Wellstone ruled]

1. Failure to disclose anything dealing with or knowledge of

anything directly dealing with the case you are about to hear,will cause a juror some serious grief.