Durham v. Warnberg

Defendants appeal from a judgment on a verdict awarding plaintiffs general and punitive damages for fraud. Plaintiffs had sought (1) a declaration that defendants held certain real property in constructive trust for plaintiffs and an order compelling defendants to convey title to them and (2) general and punitive damages for fraud. The court, after hearing the evidence, granted defendants’ motion to dismiss plaintiffs’ first claim because plaintiffs had “unclean hands.” The jury then returned a verdict for plaintiffs on the fraud claim and awarded them $25,000 general damages against both…