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Securities
Fraud
Financial Elder Abuse; Breach of Fiduciary Duty

Alpert, et. al. v. Stewart Title Guaranty Co., Stewart Title of California, Inc., and Cuesta Title Co.

Published: Oct. 26, 2013 | Result Date: Oct. 8, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CV 09-8220 Verdict –  Defense

Court

San Luis Obispo Superior


Attorneys

Plaintiff

Steven W. Sanchez

Michael Dean Haupt

David J. Noonan
(Noonan, Lance, Boyer & Banach LLP)


Defendant

Gerard D. Kelly

Nicole Ryan

Mack S. Staton
(Mullen & Henzell LLP)


Facts

Plaintiffs alleged that defendants Stewart Title Guaranty Co. and Stewart Title of California Inc., along with their affiliate Cuesta Title Company, were liable to them in connection with their failed investments in real estate loans arranged by Hurst Financial Corporation whose president, Jay Miller, has pled guilty in federal court to wire fraud and other felonies in connection with those investments.

Plaintiffs asserted claims for negligence, breach of fiduciary duty, financial elder abuse, fraudulent concealment, civil conspiracy and aiding and abetting.

Result

The jury found against plaintiffs and rendered a verdict in favor of defendants on all claims.


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