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Torts
Real Property
Fraud and Misrepresentation

Estate of William Sykes v. Thomasha Mayfield

Published: May 30, 2009 | Result Date: Dec. 30, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CGC 05445996 Bench Decision –  $250,001

Court

San Francisco Superior


Attorneys

Plaintiff

LeRoy W. Rice


Defendant

John L. Fallat

Eugene J. Chiarelli
(Chiarelli & Mollica LLP)

Terry J. Mollica
(Mollica Law)

John J. Cullen


Facts

William Sykes owned property in San Francisco. On Nov. 13, 1999, Sykes was shot through the head and murdered. Sykes' wife was convicted as an accomplice in the murder. Alice Nora was appointed the administrator of Sykes' estate. Thereafter, Nora sued Thomasha Mayfield, Ester Wilson, Fremont Investments and Loan, and Western Surety Co. on behalf of Sykes' estate, claiming that Mayfield forged Sykes' signature to acquire the San Francisco property. The other defendants filed cross-claims against Mayfield.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Mayfield fraudulently executed a grant deed transferring the property, which Ester Wilson notarized. Further, Mayfield borrowed money from Fremont Investments and Loan and used the property as security without having titled interest in the property.

DEFENDANT'S CONTENTIONS:
Wilson and Western Surety Co. claimed that Mayfield intentionally misrepresented to them that she had authority to obtain notarization of Sykes' signature. Mayfield told Fremont Investments that Sykes was her father.

Damages

The plaintiff sought $400,000 and unspecified punitive damages, as well as cancellation of the deed.

Result

The court awarded the plaintiff and Fremont Investments and Loan a total of $250,001, with plaintiff to receive $200,000 and Fremont Investments and Loan $50,001.

Other Information

The parties stipulated that Fremont's lien would remain valid. Counsel for Thomasha Mayfield withdrew by court order prior to judgment. She proceeded pro per and defaulted. Default judgment entered Jan. 25, 2008. FILING DATE: Oct. 24, 2005.


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