California, United States of America
The following excerpt is from Fabbio v. Narghizian, B251817 (Cal. App. 2015):
"[Narghizian]'s burden in proving damages for breach of a joint venture agreements or breach of fiduciary duty would require proof of the profits, expenses, and draws by both men during their business relationship from 1994 to 2001. Given their sloppy method of writing checks not based on the sale of each car and unclear allocation of costs of the business, making that determination would understandably be difficult. As noted above, [Narghizian] was entitled to an accounting and sought one both in his cross-complaint and by motions before the trial court. Upon reversal and presumably an accounting, [Narghizian] will be in a better position to prove the allegations in his cross-
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complaint. Therefore, the directed verdict must be reversed." (Fabbio v. Narghizian, supra, B184136.)
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