Jet Holdings Inc. v. Patel
England and Wales Court of Appeal
2 All E.R. 648 (1989)
- Written by Elizabeth Yingling, JD
Facts
Patel (defendant) worked as an accountant in California for Jet Holdings Inc. and two if its affiliates (collectively, Jet) (plaintiffs). Jet’s president, Don Arden, accused Patel of misappropriation of corporate funds and fired him. Patel denied the allegations and complained that, on three occasions in California and in England, Arden subjected Patel to actual and threatened violence and extorted $100,000 from Patel. Arden’s son was later convicted in England of conspiracy to menace Patel and false imprisonment. Arden was prosecuted for the same crimes but was acquitted. Jet sued Patel for misappropriation in the California Superior Court and sought $168,000 in actual damages and $2 million in punitive damages. Patel, through his lawyers, filed an answer and a cross-claim against Arden and several others related to the alleged violence and threats. On Jet’s request, the court ordered Patel to appear in California to be examined by medical doctors. The order required Jet to pay Patel’s travel expenses and to pay for a security guard selected by Patel to accompany him throughout the trip. Patel did not comply with the court order, alleging that Jet failed to provide a plane ticket. The evidence suggested this assertion was untrue. The court then ordered Patel to appear for deposition in California pursuant to the same conditions as were ordered on the medical examinations. Patel failed to comply with the order, again claiming that Jet had not provided a plane ticket. There was evidence suggesting this claim was also untrue. At this point in the litigation, Patel’s lawyers had withdrawn. Patel claimed he did not have the money to pay lawyers because of Arden’s extortion of $100,000. The California court struck Patel’s answer and cross-claim and entered a default judgment against Patel. Arden admitted to the court that Jet had received $100,000 from Patel and offered to take that into account. Arden claimed $86,000 was owed by Patel. The court entered a judgment for $186,000 in damages and $500,000 in punitive damages. Jet sought to enforce the judgment in England under common law, and Patel opposed based on Arden’s fraudulent conduct. Common-law rules for enforcing foreign judgments provided that enforcement was appropriate unless the judgment was obtained by fraud. The lower court issued a summary judgment for Jet for the full amount claimed plus interest. The appellate court dismissed Patel’s appeal. Patel appealed from that dismissal.
Rule of Law
Issue
Holding and Reasoning (Staughton, J.)
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