RoachKingThieves

 

 

 

 

THE JURY'S VERDICT  

 

Filed Dec 22,2017

Case No.  PC20160491

Complaint Filed:  October 25,2016

Trial:  December 4, 2017

 

 

Joint Special Verdict form

1. Does Robert Riesenman own a Dubia roach breeding colony design? Yes
2. Was Robert Riesenman’s design a trade secret at the time of the alleged misappropriation? Yes
3. Did Robert Riesenman’s design have actual or potential independent economic value? Yes
4. Did Robert Riesenman make reasonable efforts to maintain the secrecy of his design? Yes
5. Did any Defendant improperly use or disclose Robert Riesenman’s design? Yes
   1. Johnny Baser & Laurie Cavallini-Baser
   2. Jason & Lisa Cavallini
6. Was Robert Riesenman’s design readily ascertainable by proper means at the time for the alleged misappropriation? No
7. Was Robert Riesenman harmed by the misappropriation? Yes
8. Was any Defendant’s improper use or disclosure of the information belonging to Robert Riesenman a substantial factor in causing Robert Riesenman harm? Yes
9. At the time of the misappropriation of Riesenman’s trade secrets, did a partnership exist amongst some or all of the Defendants? Yes
   1. Johnny Baser & Laurie Cavallini-Baser
   2. Jason and Lisa Cavallini
10. Was the misappropriation of Riesenman’s trade secrets done within the scope of the partnership? Yes
11. Was there a conspiracy among some or all of the Defendants to misappropriate Riesenman’s trade secrets? Yes
    1. Johnny Baser & Laurie Cavallini-Baser
    2. Jason & Lisa Cavallini
    3. Roach King, LLC
12. Was the Defendants’ misappropriation willful and malicious? Yes
13. Do you award punitive damages against any Defendant? Yes - undisclosed

 

        For conversion (Theft of Dubia Roaches)

1. Did any Defendant substantially interfere with Robert Riesenman’s ownership of dubia cockroaches by knowingly or intentionally taking dubia cockroaches from his warehouse?  Yes
   1. Johnny Basier
   2. Jason Cavallini
   3. Roach King, LLC
2. Did Robert Riesenman consent to the taking of dubia cockroaches? No
3. Was Robert Riesenman harmed by the taking of dubia cockroaches? Yes
4. Was any of the Defendants’ conduct a substantial factor in causing Robert Riesenman’s harm? Yes
   1. Johnny Baser
   2. Jason Cavallini
   3. Roach King, LLC
5. What were Robert Riesenman’s damages for the conversion? Undisclosed
6. At the time of the conversion, did a partnership exist amongst some or all of the Defendants? Yes
   1. Jonny Baser & Laurie Cavallini-Baser
   2. Jason & Lisa Cavallini
   3. Roach King, LLC
7. Was the taking of Robert Riesenman’s dubia roaches done with within the scope of the partnership? Yes
8. Was there a conspiracy among some or all of the Defendants to interfere with Robert Riesenman’s ownership of his dubia roaches? Yes
   1. Johnny Baser
   2. Jason Cavallini
   3. Roach King, LLC
9. Did Defendants engage in the conversion with malice, oppression, or fraud? Yes
10. Did you award punitive damages against any Defendant? Yes – undisclosed

 

Breach of the Implied Covenant of good faith and fair dealing

1. Did Robert Riesenman and Johnny Baser enter into a contract? Yes
2. Did Robert Riesenman do all, or substantially all of the significant things that the contract require him to do? Yes
3. Did all conditions occur that were required for Johnny Baser to perform the terms of the contract? Yes
4. Did Johnny Baser unfairly interfere with Robert Riesenman’s right to receive the benefit of the contract by participating in the taking of Riesenman’s cockroaches? Yes
5. Was Robert Riesenman harmed by the interference Yes
6. Was the interference a substantial factor in causing Robert Riesenman harm? Yes
7. What is the amount of Robert Riesenman’s damage for breach of the implied covenant of good faith and fair dealings? Undisclosed

 

Riesenman’s unfair business practices claim against defendants

1. Did Defendants engage in an unfair business practice related to taking of cockroaches?  Yes
   1. Johnny Baser & Laure Cavallini-Baser
   2. Jason and Lisa Cavallini
   3. Roach King, LLC
2. Was Robert Riesenman deprived of money or property as a result of Defendants’ unfair business practices related to taking cockroaches? Yes
   1. Johnny Baser & Laure Cavallini-Baser
   2. Jason and Lisa Cavallini
   3. Roach King, LLC
3. What was the value of the property Defendants obtained by their unfair business practice? Undisclosed

 

Misclassification (Cross Complaint)

1. Was Johnny Baser misclassified as an independent contractor?  No