Stanley Tolan v. Edward Abounassar, Aida Abounassar
Published: Sep. 27, 2008 | Result Date: Jan. 7, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC346430 Verdict – $2,383,200
Court
L.A. Superior Central
Attorneys
Plaintiff
Alfred O. Anyia
(Law Offices of Alfred O. Anyia)
Paulinus E. Eichie
(Law Office of Paulinus E. Eichie)
Defendant
Facts
Plaintiff Stanley Tolan was disabled and suffered seizures, high blood pressure and memory loss. He claimed his friend, defendant Edward Abounassar, offered to help him transfer title to properties located in Los Angeles - including a 1987 Chevrolet Celebrity, 2115 West 28th Street, and 440 West 55th Street - but instead induced him to sign documents transferring them to defendants Edward and Aida Abounassar's names. Plaintiff sued defendants for rescission, duress, undue influence, conversion, fraud, and intentional infliction of emotional distress, among others.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendants offered to help him fill out the necessary paperwork to transfer title to the subject properties but instead had him sign documents deeding the property over to defendants. The plaintiff argued he became entitled to ownership of the properties in 1997 and 2002.
DEFENDANTS' CONTENTIONS:
The defendants contended plaintiff received the 28th Street property as a gift from Helen Davis, an unrelated woman, through a trust drafted by plaintiff's attorney. The defendants were close friends with Davis, who repeatedly told plaintiff to give the property to defendants after her death. The plaintiff knew he was transferring the property to defendants and intended to do so. Further, he intended to give them the 55th Street property that he received from his aunt in a previous litigation.
Injuries
The plaintiff suffered emotional distress.
Result
The jury returned a $2,383,201 verdict. The plaintiff received $1,049 past economic; $200,000 past non-economic; $1.00 future economic damages for misrepresentation against defendants; $500,000 past economic; $500,000 past non-economic; $1.00 future non-economic damages for emotional distress; $11,000 past economic; $1.00 past non-economic; $1.00 future non-economic; $18,000 punitive damages for conversion of the Chevrolet; $90,000 punitive against defendant Edward and $15,000 against defendant Aida Abounassar. The court cancelled the deed transferring ownership of the 28th Street and 55th Street properties to defendants and placed a constructive trust as well as an equitable lien on the $471,000 defendants obtained under an equity line of credit on the two properties.
Other Information
Case currently on appeal; defendant in bankruptcy. FILING DATE: Jan. 25, 2006.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390