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.

Conversion
Property Damage

Patrick DeSoet v. Alexia Cirino, et al.

Published: Oct. 11, 1997 | Result Date: Sep. 15, 1997 | Filing Date: Jan. 1, 1900 |

Case number: VC022307 –  $0

Judge

Robert J. Higa

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Eugene F. Gleason III


Defendant

Jay Sondhi

Caren R. Weakley

Dorothy B. Reyes


Experts

Plaintiff

Edward Okil
(technical)

Defendant

Dena Hall
(technical)

Facts

The plaintiff, Patrick DeSoet, a 39-year-old marine engineer, moved in with the defendants' (Alexia Cirino and Katina Kerr) 70-year-old, mentally ill mother (Mrs. Kerr). Defendants claimed plaintiff convinced Mrs. Kerr to quitclaim deed her home to plaintiff and give him power of attorney over all of her assets, a claim which plaintiff reports was dismissed with prejudice. After the defendant daughters discovered this, Mrs. Kerr asked them to change the locks and move the plaintiff's belongings out. The defendants packaged the plaintiff's items, moved them to a self-storage location, and advised the plaintiff where he could pick up his goods. The plaintiff claimed his personal property was taken by defendants when he was illegally precluded from returning to his residence. The plaintiff brought this action against the defendants based on conversion and trespass to personal property theories of recovery.

Settlement Discussions

Per the defendant, the plaintiff's demand was $800,000 and no offer was made by defendants.

Damages

The plaintiff claimed damage and loss to his heirlooms and antique possessions in the amount of $500,000 to $8 million.

Other Information

The result was reached approximately one year and three months after the case was filed. On the first day of trial the plaintiff made a motion in limine to exclude evidence of plaintiff having the deed to Mrs. Kerr's home and power of attorney over her financial assets (previously the subject of litigation and dismissed with prejudice). Plaintiff's motion was denied. The plaintiff dismissed the entire lawsuit following the court's ruling.


#79658

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

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