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CONFIDENTIAL

Oct. 19, 1996

Probate and Trusts
Will Contest
Undue Influence

Confidential

Settlement –  $996,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Gilbert M. Nishimura
(Seki, Nishimura & Watase LLP)

John Pringle


Defendant

Marc L. Sallus
(Oldman, Cooley, Sallus, Birnberg, Coleman & Gold, LLP)

Eva Holcomb-Malhotra


Facts

The decedent died on Oct. 17, 1995 at the age of 86, after suffering two strokes. After the first stroke, she signed a Will and Trust, leaving everything to the trust. The beneficiaries of the trust were three unrelated people who took care of her. The Will and Trust were signed with only an "X". The contestants brought this action against the estate based on lack of execution, lack of capacity and undue influence theories of recovery.

Settlement Discussions

The contestants made a settlement demand of one-half of the Estate. The defendants made a settlement offer of one-eighth of the Estate.

Damages

Per the contestants, the contestants claimed $400,000 (one-half of the estate). Per the defendants, the contestants claimed the entire estate.

Other Information

The settlement was reached approximately four months after the case was filed. A settlement conference was held on July 22, 1996 before Timothy Whitehouse and _______ Blaylock resulting in the reported settlement.


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