SAN FRANCISCO – October 18, 2016 – Gaw | Poe LLP announced today that it has won yet another trial on behalf of its clients. Gaw | Poe LLP co-founding partner Mark Poe represented an individual falsely accused of borrowing $175,000 from a credit line held by his father, and wrongfully refusing to repay it. The bench trial took place on October 17, 2016. Following the close of the plaintiff’s case-in-chief, Mr. Poe moved for judgment in favor of the defendant, and that motion was granted.
“We won by making a type of little-known motion whereby a defendant in a bench trial can simply ask the judge to weigh the evidence that the plaintiff has put forward in his or her case-in-chief, balance it against the cross-examination and the evidence that the defendant has put on through the plaintiff’s witnesses, and decide whether there is enough evidence to even warrant requiring the defendant to put on his case.” Poe said. “In this case, Judge Robertson weighed that evidence, and concluded that there was simply not enough proof to create a preponderance of evidence that the supposed ‘loan’ was ever made, or that any money at all had been given to our client.”
The lawsuit is captioned Luisa Bradley v. Donald Vincent Bradley, No. CGC-16-549908, and the trial was held before Judge James A. Robertson II of the San Francisco Superior Court.