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Torts
Conversion
Breach of Fiduciary

Frances S. Popkin, et al v. Isabel Bernstein, et al.

Published: Jan. 25, 1997 | Result Date: Dec. 20, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC142623 –  $388,115

Judge

Dzintra Janavs

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael Y. Yi

Allan Bloom


Defendant

Richard L. Mikesell


Facts

In 1991, plaintiff Frances S. Popkin, a retired widow in her 80s, hired defendant Isabel Bernstein to assist in paying her monthly bills. However, for the next several years, defendant Isabel Bernstein, allegedly by taking advantage of this trusting relationship, conspired with her husband, defendant paul Bernstein, to convert substantial sums of money by fraudulently withdrawing funds from the plaintiff's bank accounts and forging endorsements on other checks payable to the plaintiff. The plaintiff and the consecutor of her estate brought this action against defendants Isabel and Paul Bernstein based on fraud and breach of fiduciary relationship theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $175,000. The defendants made a C.C.P. º998 offer of compromise for $25,000.

Damages

The plaintiff claimed to have suffered in excess of $228,000 in damages.

Other Information

The award was reached approximately 11 months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Oct. 15, 1996 before Judge Minning. It did not resolve the matter.


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