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Contracts
Breach of Fiduciary Duty
Fraud and Misrepresentation

Linda Tedrahn v. Centaurus Financial Inc., Marco Adan Fuentes, Gregory Scott Kinkead, Joseph Gregory Papez Jr., Westley Hayes King, Wesley Allen King

Published: May 27, 2017 | Result Date: Apr. 17, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 16-01787 Arbitration –  Respondent

Court

FINRA


Attorneys

Claimant

Brett A. Alcala
(Alcala Law Firm)


Respondent

Paul J. King
(Centaurus Financial Inc.)

David S. Markun
(Markun, Zusman, Freniere & Compton LLP)


Facts

Linda Tedrahn filed a claim against Centaurus Financial Inc., Marco Fuentes, Gregory Kinkead, Joseph Papez, Westley King, and Wesley King, in connection with Tedrahn's investment in common stock, money market account, and a Northstar Healthcare Income REIT.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant asserted causes of action for breach of fiduciary duty, breach of contract, fraud, misrepresentations/non-disclosures, omission of facts, suitability, failure to supervise, and defamation.

RESPONDENTS' CONTENTIONS:
Respondents denied the allegations and asserted various affirmative defenses. Additionally, respondents Papez and Kinkead sought expungement of their CRD records.

Damages

Tedrahn sought $100,000 in damages, including $30,000 for stock investments; $12,000 for her unreplenished money market account; $30,000 in REIT; and $28,000 for defamation. Tedrahn later lowered her request by half.

Result

The arbitrator denied Tedrahn's claims in its entirety.


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