Sea Planes, Inc. v. Sun
Plaintiff and appellant Sea Planes, Inc. (Sea Planes), an operator of a commercial ferry service, sued defendants Investment Advantage Group (IAG) and its president Randy Glessner (Glessner),[1]as well as the attorney for IAG and Glessner, defendant and respondent Michael Tse-Wen Sun (Sun), for return of approximately $145,000, among other damages. Sea Planes deposited approximately $130,000 into Suns client trust account and provided $15,000 to IAG as a brokers fee as part of a plan to finance Sea Planess purchase of a passenger ferry. After IAG executed a promissory note in favor of Sea Planes in the approximate amount of $145,000, Sun dispersed the $130,000 in the client trust account according to directions from Glessner. When the plan to purchase the ferry failed, IAG and Glessner did not refund or repay any amount to Sea Planes.
Following a bench trial, the trial court entered judgment in favor of Sea Planes against defendants Glessner and IAG. The trial court, however, entered judgment in favor of defendant Sun. The trial court found that Sun did not breach a duty of care to Sea Planes. The trial court denied Sea Planess post-verdict request to amend the pleadings to add a negligence cause of action against Sun.
Sea Planes appealed the portion of the judgment in favor of Sun, as well as the order denying the request to amend the pleadings. We affirm the judgment and the order denying the motion to amend. Substantial evidence supports the trial courts finding that Sun did not breach a duty of care to Sea Planes. For this reason, the trial court did not abuse its discretion by denying the request to amend the pleadings.
The judgment is affirmed.
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