Facts

In 2006, 87-year-old Fujiko Verity became friends with defendant Renee Travis-Johnson. A few months later, Verity executed documents that gave Travis-Johnson her home. Monterey County Public Guardian, Verity's conservator, filed suit against Travis-Johnson, claiming Travis-Johnson obtained loans against the home and eventually the home went into foreclosure.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant engaged in financial elder abuse and defrauded Verity because she exhausted Verity's bank accounts and became her home's owner. Plaintiff argued that Travis-Johnson applied undue influence, intending to defraud Verity by taking her house in exchange for a deal, under which Travis-Johnson would take care of her.

DEFENDANT'S CONTENTIONS:
Defendant contended that she was never Verity's caretaker, and that she was just her friend. She argued that Verity gave her the house as a gift, and that within the six months prior to the home transfer, Travis-Johnson and Verity visited three different attorneys who gave their legal advise regarding the transfer. Defendant claimed that the house was not livable when Travis-Johnson received it and was a negative asset for Verity. The house was transferred seven months after Verity made the offer and Adult Protection Services was aware of the transaction. Defendant also alerted the police, who also said nothing about the transaction. Defendant contended that although she was on Verity's bank accounts, she never took "even one red cent" from the bank accounts.

According to defense, all of the attorneys agreed Verity knew what she was doing when she made the gift.

Settlement Discussions

Plaintiff demanded $80,000 under CCP Section 998, and defendant offered $3,000 under CCP Section 998. According to defense, the offer of $80,000 was also conditional on it being exempt from discharge in bankruptcy.

Damages

Plaintiffs asked defendant to pay Verity $545,000 due to the loss of her home.

Result

The court found in favor of the Public Guardian and awarded Verity $545,000, plus attorneys fees.