Gayle Rogers Bullington, Trustee v. William H. Toone, Executor
Published: Jun. 1, 2002 | Result Date: Mar. 5, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC765799 Verdict – $292,656
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stephen Brownell
(technical)
Robert C. Fellmeth
(University of San Diego School of Law)
(technical)
Facts
The plaintiff, a trustee of a trust, loaned the decedent money on eight occasions over a five-year
period. Almost all of these transactions were documented with a promissory note and secured
with a deed of trust. For the two loans that were at issue in the case, one loan was documented
with a promissory note and the second loan was documented by a wire transfer statement, but no
promissory note could be found.
Settlement Discussions
The plaintiff previously served the defendant with a C.C.P. Section 998 offer in the amount of $303,107 and the defendant had submitted an offer of $170,000.
Other Information
The jury found that the written promissory note was usurious. However, the court determined, in equity, that the defendant is estopped from asserting the affirmative defense of usury because the defendant cannot benefit from the wrongdoing of the decedent. The court awarded the plaintiff the amount of the loan plus 10 percent simple interest from Oct. 30, 1996 to Feb. 22, 2002. The jury found that the second loan was not usurious and awarded the plaintiff the amount of the wire transfer plus simple interest at 10 percent from May 20, 1997 to Feb. 22, 2002. The plaintiff has given notice that she will be filing a Memorandum of Costs and a motion for attorney fees.
Deliberation
three hours
Poll
_______- ________
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390