This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Elder Abuse
Unjust Enrichment

Jo Pond v. Shavarash Vanian, Marie Vanian

Published: Aug. 23, 2014 | Result Date: May 12, 2014 | Filing Date: Jan. 1, 1900 |

Case number: INC 1206770 Verdict –  $4,581,850

Court

Riverside Superior


Attorneys

Plaintiff

Keith A. Kelly
(Law Offices of Keith A. Kelly)

Viktors Andre Rekte
(Rekte Bradshaw)


Defendant

Frank J. Lizarraga Jr.
(Lizarraga Law Firm APC)


Experts

Plaintiff

Gary L. Krausz
(technical)

Facts

Plaintiff Jo Pond, 82, filed a suit against defendants Shavarash Vanian and Marie Vanian, claiming they took advantage of her after her husbands death.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that after her husband died in 2007, defendant Shavarash Vanian, proclaimed he could help her with various legal and financial problems. He began helping her for free. He also brought his sister, defendant Marie Vanian, in to work as a personal assistant for plaintiff. Over time both defendants began taking money and charging on credit cards from plaintiff's accounts.

Plaintiff claimed the defendants made over $4 million in unauthorized charges and withdrawals, that they were fraudulent, committed financial elder abuse and were unjustly enriched.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff knew everything they were doing financially, that all transactions were authorized by plaintiff, as they were required to get her authorization before transferring money from her bank accounts for any transaction, including for investment transactions. Defendants further alleged that plaintiff had no material evidence to support any of her claims.

Settlement Discussions

No settlement offers were made.

Result

The court found for plaintiff in the sum of $4,581,848.

Other Information

FILING DATE: Sept. 24, 2012.

Length

seven days


#123233

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390