Stepdaughter can’t prove tycoon promised her a golf course

A woman failed to convince a judge that she should inherit a golf course and assets worth up to $300 million because of alleged oral promises made by her stepfather.

Christina Cortese's "'weakest and most unsatisfactory' evidence is moreover uncorroborated by evidence that would be expected had the purported promises been made," San Francisco Superior Court Judge Richard B. Ulmer Jr. wrote in his June 28 statement of decision.

Movie theater tycoon and billionaire Robert A. Naify's family started fighting over the inheritance following his death in 2016. Among his assets was a golf course in Marbella, Spain that he purchased in 1987.

The plaintiff is the daughter of Naify's second wife, Francesca Cortese. The plaintiff claimed that Naify promised her the golf course, where she worked as a general manager between 2006 and 2009.

Naify fired her because she mishandled the golf course, according to court documents filed by her opponents.

The co-trustees of Naify's estate were represented by Bartko Zankel Bunzel & Miller in San Francisco. According to a news release from the firm, Cortese sought recovery of assets worth up to $300 million.

"We are extremely pleased with the court's Statement of Decision and believe it accurately reflects Robert Naify's intent and final wishes," Benjamin K. Riley, principal at Bartko Zankel Bunzel & Miller, said in a statement. "The law appropriately requires a high standard of proof for oral inheritance claims asserted after death, and our clients felt strongly that these claims were without merit and required a vigorous and complete defense."

Cortese was represented by Holland & Knight LLP, which was not available to comment.

Throughout his lifetime, Naify gave Cortese gifts valued at more than $25 million, the judge's decision statement noted. But after Naify died, Cortese learned that she was not included in the will.

According to Cortese, Naify made several oral promises to her starting in 1996. She said he told her he would divide his estate equally among his three biological children and Cortese. He also promised her the golf course and that she would be made a "very wealthy woman" following his death, Cortese claimed.

During the trial, held in February and March, 17 witnesses testified, including former employees of the golf who said they heard Cortese say that the golf course would be hers. Lawyers for the co-trustees of Naify's estate put Cortese's ex-husband on the stand, who said that he never heard any of the promises.

The judge wrote that Cortese lacked clear evidence to lay claim to the inheritance, whereas Naify had decades of documents that never treated her as equal to his biological children. Cortese v. Sherwood, PTR16299823 (S.F. Sup. Ct., filed May 23, 2016).

"No one but Christina testified to hearing Bob make any of the purported promises and the limited evidence Christina adduced was unavailing hearsay," Ulmer wrote.