Robert Taylor, Personal Representative for the Estate of Floreine Arnold v. McInnis, Fitzgerald, Rees & Sharkey
Published: Jun. 6, 1998 | Result Date: Jan. 22, 1998 | Filing Date: Jan. 1, 1900 |Case number: 660155 Verdict – $154,710
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Bill Oberg
(technical)
Michele R. Manker
(technical)
Harvey L. Pedersen
(technical)
Margaret V. Turney
(technical)
Defendant
John Lightner
(technical)
Facts
In 1956, Floreine Arnold (deceased) was represented in her divorce from Ed Arnold by a member of defendant law firm, William Fitzgerald (also deceased). An interlocutory judgment was entered on Sept. 4, 1956, awarding Floreine Arnold the community residence. The defendant did not record the judgment or otherwise perfect Floreine Arnold's interest in the realty. The property had been purchased in 1956 six months before the divorce. The title was taken in the name of Floreine and Ed Arnold as husband and wife, joint tenants. Floreine Arnold continued to make payments on the house, and the mortgage was paid off in 1965. The Arnolds briefly reconciled, but the divorce was made final in December 1958. Ed Arnold left California and returned to his native state of Oklahoma until he returned to California in 1961. Floreine Arnold allowed Ed Arnold to move back into the house. The two lived together for the remainder of her lifetime. She died on Nov. 26, 1988, at the age of 75. Ed Arnold died in January 1989, at the age of 84. Neighbors and friends of the Arnolds did not know they were divorced. Tax bills by the San Diego County Tax Assessor's office came in the name of both Floreine and Ed Arnold until her death in 1988. Between 1968 and 1974, Floreine Arnold completed homeowner exemption forms sent by the tax assessor's office which bore the name of both Floreine and Ed Arnold as co-owners of the property. Ed Arnold signed exemption forms four of those years as an owner of the property. Floreine Arnold's only living relative was a nephew in Oklahoma, Robert Taylor. Floreine Arnold had assured the nephew just months before her death in 1988 that her estate was "fixed" to go to him on her death. The nephew did not learn of Floreine Arnold's death until 1991. In March 1989, after the death of both Floreine and Ed Arnold, the executor and beneficiary of Ed Arnold's estate recorded an "Affidavit of Death of Joint Tenant" document and sold the property to BFP's on June 1, 1989, for $171,900. The executor himself died in April 1991. In 1991, the nephew learned of Floreine Arnold's death and the sale of the property. In 1992, he learned of the divorce judgment giving the property to his aunt and Fitzgerald's failure to record the judgment. The nephew was appointed administrator of Floreine Arnold's estate and filed this suit on behalf of the estate against the law firm. The responsible attorney, William Fitzgerald, had died in 1981. The plaintiff brought this action against the defendant based on a professional malpractice theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $200,000. Per plaintiff, the defendant made an offer of $25,000.
Other Information
The verdict was reached approximately five years and nine days after the case was filed. POST-TRIAL MOTIONS: The plaintiff filed a motion for judgment notwithstanding the verdict on the contributory negligence finding which was denied on April 17, 1998. The plaintiff filed an appeal of that decision on April 28, 1998.
Deliberation
three hours
Poll
not taken
Length
seven days
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