Facts

In the summer of 2002, defendant Rosalinda Lopez, who was 38 years old at the time, began taking care of decedent Angel Quero, who was 89 years old. Defendant Rosalinda obtained a healthcare power of attorney and property management power of attorney over decedent. Decedent suffered from many ailments, including emphysema, dementia and Alzheimer's. In December 2002, decedent stayed at a care center where defendant Rosalinda' brother, defendant Edgar Lopez, was the business manager. Upon being released from the center, decedent was taken to an attorney's office to have a will drafted. Decedent instructed his attorney to leave his property and assets to his children. When decedent returned to sign the will with defendant Rosalinda, a hadnwritten document purporting to be a will was delivered providing that decedent's property was to be given to defendant Rosalinda and his other assets would be sold. The plaintiff's handwriting expert testified that the will was written by defendant Edgar. When the attorney questioned this will, defendant Rosalinda left with decedent. They went to defendant attorney Dennis Shea for the drafting of a will. The first will was executed in April 2003. In July 2003, defendant Rosalinda married decedent. A second will was then drafted by defendant Shea and duly executed. Each will disposed of decedent's property in the manner provided in the handwritten will. In July 2003, defendant Edgar obtained a power of attorney over decedent's financial matters. Decedent was then taken to Mexico in July. While in Mexico, two of his properties were sold to defendant Edgar and his wife, defendant Monica Lopez. The properties were sold for approximately $200,000 below appraised value. In addition, while the defendants Rosalinda and Edgar had powers of attorney over decedent's finances, checks from decedent's bank accounts were written to them and family members. The plaintiff's handwriting expert testified that the checks were forged. Decedent died on April 15, 2004.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged the defendants exercised undue influence over the decedent, causing him to transfer real property to the defendants substantially below its appraised value and/or that decedent was incompetent at the time of the property transfer. The plaintiff further alleged the defendants exercised undue influence over decedent, causing him to execute a will against his wishes and/or that decedent was not competent to execute a will. Finally, the plaintiff contended the defendants committed financial elder abuse, isolation elder abuse, physical elder abuse, fraud, and breach of fiduciary duty.

DEFENDANTS' CONTENTIONS:
The defendants denied the plaintiff's allegations.

Damages

The plaintiff claimed economic damages stemming from loss on the sale of the two properties and misappropriation of funds and non-economic damages stemming from decedent's mental pain and suffering.

Result

Verdict for the plaintiff in the amount of $805,000. The jury found: decedent was incompetent and under undue influence when he executed the will and deeds; defendant Rosalinda was liable for fraud, financial elder abuse, physical elder abuse, isolation or abduction elder abuse, breach of fiduciary duty, and conspiracy; defendant Edgar was liable for fraud, financial elder abuse, breach of fiduciary duty, and conspiracy; defendant Monica was not liable; and defendant Shea was liable for breach of fiduciary duty.

Other Information

Defendants moved for a new trial based upon erroneous jury instructions and a confusing special verdict form. The motions were granted and a new trial ordered on all issues on Jan. 11, 2006. Plaintiff has appealed.

Deliberation

2.5 days

Poll

9-3

Length

5.5 weeks