Makaden, Inc. v. D.R. Horton L.A. Holding Co., Inc
This case arises out of a longstanding dispute between Makaden, Inc. (Makaden) and D.R. Horton Los Angeles Holding Company, Inc. (Horton) regarding a profit participation agreement in a residential land development deal. The parties have now tried the case twice before different juries. The second jury returned a verdict in favor of Makaden for $1,279,513 and the trial court awarded Horton pre-judgement interest in the resulting judgment.
Horton filed several posttrial motions, including a motion for a new trial, in which it asserted the jury’s verdict was not supported by substantial evidence, an alternative motion for judgment notwithstanding the verdict (JNOV), and a motion to vacate the portion of the judgment awarding prejudgment interest. The trial court granted the motion for a new trial, finding the jury relied on a calculation of damages presented by Makaden’s expert that was erroneous for several independent reasons, but denied the motion for JNOV.
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