Top Defense Results: Bellows v. Bellows

San Francisco-based lawyers Stuart M. Gordon and James R. Reilly faced an uphill battle defending an elder abuse case last year.

At the center of the dispute was Beverly Bellows, a 94-year-old woman in Ukiah who broke her hip, got pneumonia and died in 2008, according to court documents. Before her death, Bellows made a trust to split her estate evenly between her two sons. After she signed the trust, her brother died and she inherited another $430,000 from him.

Bellows left the $430,000 in a separate account, to be paid solely to her son Frederick upon her death. When she died, her other son, Donald, accused Frederick, his girlfriend Catherine and Ukiah-based lawyer Philip M. Vannucci of taking advantage of Bellows' weakened state to lay claim to the separate money.

The lawsuit in Mendocino County Superior Court stated more than 20 causes of action, including fraud, coercion, negligence, misrepresentation and elder abuse. The plaintiffs, Donald Bellows and his wife Gail, sought "double, treble and punitive damages," attorney fees and interest. Bellows et al. v. Bellows et al., SCUK 09-54755 (Mendocino Super. Ct., filed Sept. 21, 2009).

Gordon, a partner with Gordon & Rees LLP, said the challenge was proving that Bellows knew what she was doing when she decided to leave more money to Frederick. The plaintiffs, represented by Santa Rosa-based sole practitioner Jeffrey J. Allen and others, claimed she had Alzheimer's disease.

In a ruling favoring Gordon, Superior Court Judge David E. Nelson said Bellows did have memory problems, but not enough to prove she wasn't lucid.

"It is clear that Beverly had issues with short term memory loss and was sometimes confused," Nelson wrote. "On the other hand, witnesses characterized her as feisty, independent and alert."

Following a bench trial last year, the judge ruled that Allen had not proven his case and that the defendants should recoup costs in the lawsuit. Allen said he will appeal.

"We thought there was evidence that established she wanted [the money] to go to both sons," Allen said.

- Saul Sugarman

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