Judgement

Nearly four years after Yoni's death, four years of denying any responsibility by the defendants, on the first day of trial, March 24, 2009, for the first time the following defendants admitted (through their attorney) that they were negligent and the cause of Yoni Gottesman's death:

Cathedral Oaks Tennis, Swim and Athletic Club, Inc.; Julie Main; Charlotte Valentine; Esther Clark; Elizabeth Heller; Michael Bowen; David Merin; Sam Shipley, Jeanette (Jennie) Darling; and Maryam Safinya. Yet in depositions, most of them denied any responsibility.

The Club owner Richard Berti and his corporation took no responsibility and did not admit any negligence, but the judgement indicated otherwise.

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Highlights of the Verdict and Judgement

Phase 1:

a) Was Cal-West Group the agent for Cathedral Oaks Tennis, Swim and Athletic Club, Inc.?
Answer: YES.

b) Was Cal-West Group negligent?
Answer: YES.

c) Was Cal-West Group's negligence a substantial factor in causing plaintiffs' harm?
Answer: YES.

Question 5. Did the following defendants commit wilful misconduct?

Cathedral Oaks Tennis, Swim & Athletic Club: YES.
Julie Main: YES.
Charlotte Valentine: YES.
Esther Clark: YES.

Question 6. Did plaintiffs prove by clear and convincing evidence that any of the following named defendants engaged in the conduct with malice, oppression, or fraud?

Cathedral Oaks Tennis, Swim and Athletic Club: YES.
Julie Main: YES.
Charlotte Valentine: YES.
Esther Clark: YES.

Phase 2 ("Punitive Damages"):

Question 1. What amount of punitive damages, if any, do you award plaintiffs against the following named defendants?

Cathedral Oaks Tennis, Swim and Athletic Club: $xxxxx
Julie Main: $xxx
Charlotte Valentine: $xxx
Esther Clark: $xxx

III. JUDGMENT ON PHASE THREE (Alter Ego and Fraudulent Transfer Claims):

On November 25, 2008, the Court severed for trial plaintiffs' claims for fraudulent transfer and alter ego (Phase Three), related to fraudulent ownership transfer by Richard Berti. The trial on Phase Three was scheduled for October 20, 2009, and trailed from that date.

The Alter Ego and Fraudulent Transfer claims were resolved by a settlement that included a substantial payment by Richard Berti.

Read more about the defendants below:

MEDIA COVERAGE

Find out about media coverage of Yoni's story

What COAC did after killing yoni

Find out what COAC did after killing Yoni