Facts

On July 2, 2002, Mack Charles Brown, son of co-plaintiff Charity Rice, passed away, survived by his three children, co-plaintiff Warren J. Brown, and his sisters defendants Sheila Brown and Zelda Brown-Freer. Warren Brown, living outside California, came to the Bay Area to meet with his sisters (who resided in Los Angeles) to finalize their father's funeral arrangements, deal with the estate and deal with their grandmother.

Charity Rice was placed in a convalescent facility. The granddaughters promised they would have her home rehabilitated and made into a handicap friendly home. Defendants obtained power of attorney for Rice shortly before their father died and had her sign a deed conveying to defendants her property at 770 56th Street in Oakland. Plaintiff Rice alleged she believed she was signing documents allowing defendants joint ownership of her property so that they could repair her home.

Defendants withdrew, plaintiff claimed, $65,471 from her bank account. The sisters returned to Los Angeles, according to plaintiff's counsel, never intending to repair their grandmother's house to move Charity Rice from the convalescent facility.

Warren Brown and Charity Rice alleged elder fiduciary abuse, constructive trust, infliction of emotional distress, and sought declaratory relief. Plaintiff's counsel was instructed by the case management judge to obtain Rice a conservator.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed Rice was gullible, nearly blind and susceptible to undue influence, duress, oppression and fraud. Plaintiffs further contended defendants made false statements intentionally and materially misrepresented themselves. Plaintiffs claimed defendants seldom, if ever, visited Rice prior to their father's death.

DEFENDANTS' CONTENTIONS:
Defendants claimed they took steps to have Rice transfer her real and personal property to their names and into their custody since she could no longer care for herself independently. They admitted taking the money from her bank account but claimed to have repaid all but $4,672.76 because offers to repay were rebuffed by plaintiffs' attorneys.

Result

Defense verdict.

Other Information

Filed on Feb. 11, 2003.