June S. Untalan v. Charles C. Gutierrez, Marie U. Gutierrez
Published: Feb. 16, 2013 | Result Date: Dec. 19, 2012 | Filing Date: Jan. 1, 1900 |Case number: 56-2011-00407089-CU-PO-VTA Verdict – $534,375
Court
Ventura Superior
Attorneys
Plaintiff
Christoph T. Nettesheim
(Nettesheim Law)
Defendant
Dennis LaRochelle
(Arnold LaRochelle Mathews VanConas & Zirbel LLP)
Experts
Plaintiff
Todd Cuffaro
(technical)
Facts
In 1985, June Untalian decided to move to California from her native Guam when her husband died. Her eldest daughter, Marie Gutierrez, and son-in-law, Charles, offered to help her buy a new home in California. The Gutierrezes initially used at least some of their own money to make the down payment and took out a loan set to remain under their name even if Untalian moved into the home.
Untalian sold her properties in Guam and gave the Gutierrezes about $15,000 for the house. She repaid the down payment in 1992 and made all of the tax and insurance payments from 1985 to the present.
In 2008, the Gutierrezes secretly placed the house in their family trust, set up to benefit only them and their children, but not Untalian or her other children.
In 2011, the Gutierrezes served their elderly mother with a notice to quit or pay rent in three days. No one ever claimed Untalian was a renter until that day. Untalian then sued the Gutierrezes for elder abuse and breach of fiduciary duty claims.
Result
A jury rendered a verdict in favor of the elderly Untalian. The Gutierrezes were ordered to pay her $9,375 in economic damages and $25,000 in non-economic damages plus transfer of the house worth about $500,000 and pay attorney's fees.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390