Facts

Justin Killman, Donna Killman, and William Killman owned Solar River & Marine RV LLC. They brought an adverse possession claim and sought quiet title of property located in Pacific Beach. Carlin Elmendorf, Reza Safaie, Landmark Quick Find Inc. of Beverly Hills, and Royale Westminster Retirement LLC, defended against the adverse possession claim. The defendants alleged that Elmendorf's insanity tolled the statute. Elmendorf also cross-claimed against the Killmans claiming elder abuse, trespass, and RICO violations. Furthermore, Elmendorf filed a cross-complaint against all parties for quiet title.

DEFENDANT'S CONTENTIONS:
The defense asserted that Elmendorf was insane and could not manage his properties due to a craniotomy procedure performed in the 1950's. The defense alleged that the procedure caused brain damage, which rendered Elmendorf incompetent.

Settlement Discussions

The plaintiffs offered to buy the property for $50,000.

Result

The jury found against the plaintiffs on the adverse possession claim and granted Elmendorf quiet title. Elmendorf prevailed on his trespass and elder abuse claim (but not on his RICO claims) and was awarded attorney fees of $567,864 and costs.