Confidential
Settlement – $5,827,500Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Dolgoff
(medical)
Duayne Dillion
(technical)
John S. Lowenthal
(Lewis, Brisbois, Bisgaard & Smith LLP)
(technical)
Facts
Nina Pera, the decedent, was an elderly woman who lived in Orinda.
In 1984, she executed a will leaving all of her assets to four charities. The defendants were friends of the
decedent.
In October 1999, the decedent allegedly executed a new will, a power of attorney and trust document leaving
all of her assets to the defendants and giving the defendant wife a power of attorney to control all of the
decedent's assets.
All of these documents were executed in a Nation's hamburger restaurant in Moraga and signed before a
notary.
In July 2000, the decedent left the convalescent home she lived in and took up residence with the defendants at
a home owned by the mother of the person who notarized the new will and power of attorney.
During that same month, the decedent converted several bank and brokerage accounts to joint tenancy, with the
defendant wife as the other tenant.
The decedent died on Dec. 24, 2000.
Two weeks before her death, the defendants, using the power of attorney, conveyed the decedent's residence in
Orinda, a commercial building in Walnut Creek, and two lots in Orinda to two trusts which they had
established, with their children as beneficiaries.
In April 2001, the defendants, using the services of the notary (who also happened to be a realtor) sold the
Orinda residence and lots and purchased property in Sacramento and Galt.
In June 2001, the plaintiff obtained an ex parte temporary restraining order, freezing all of the defendants' bank
accounts and restraining the transfer of the real property.
Settlement Discussions
After the plaintiff filed a motion for summary adjudication with regard to the alleged joint tenancy accounts (based on Probate Code Section 21350), the defendants offered to settle with them receiving $650,000 and the plaintiff to succeed to the balance of the estate. The plaintiff ultimately permitted the defendants to retain approximately $30,000, with the charities to retain all other assets, including bank and brokerage accounts totaling in excess of $3,000,000. The title to all real property involved was quited in the plaintiff's name.
Other Information
The defendants sought to have the 1999 will admitted into Probate. The plaintiff filed a will contest. The defendants allowed a judgment to be entered admitting the 1984 will.
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