Marianne Joy Triplett v. Robert F. Connelly
Published: Jun. 14, 1997 | Result Date: Mar. 12, 1997 | Filing Date: Jan. 1, 1900 |Case number: 751571 Verdict – $30,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Jeffrey W. Shields
(Shields Law Offices)
Defendant
Experts
Defendant
Bobby Fuller
(technical)
Facts
Plaintiff Marianne Joy Triplett, a 24-year-old student, was born in Hong Kong on Feb. 6, 1971, to an American father, Roscoe Triplett, and a Japanese mother, Setsuko Sato. The plaintiff was raised by her parents in Tokyo. Defendant Robert Connelly is a wealthy American businessman who has lived in Tokyo for twenty-five years and who was a friend of the plaintiff's late father. Rosco Triplett committed suicide in Tokyo in 1978, and Setsuko Sato died of cancer in Tokyo in late 1983. Sato wrote and signed a holographic will in the hospital, sealing it with her personal seal (known as a "hanko"). The will provided that Hiroshi Takasaki should serve as executor and that the plaintiff's adult half-sister, Carol Triplett Law, should serve as her guardian. On Nov. 22, 1983, Takasaki was appointed by the Tokyo family court as executor of Sato's estate. Law was duly appointed as the plaintiff's legal guardian by the Tokyo Family Court, and later by the Alabama Probate Court. On Dec. 27, 1983 and May 11, 1984, powers of attorney appointing defendant Connelly and his wife to assist in the liquidation of assets located in Japan were signed by Law and delivered to the Connellys in Tokyo. Over the next several years, on instructions from Law and Takasaki, Connelly and his late wife helped Law and Takasaki communicate in English with lawyers and others in Japan, Hong Kong and Australia to locate and liquidate assets of the plaintiff's deceased father and mother. In early 1995, the plaintiff requested, for the first time, that Law perform an accounting and demanded that all remaining funds be given to her. On Sept. 12, 1996, an accounting was completed by an Alabama accountant at Law's request. The accounting showed that funds attributable to the estate in the amount of $3,479.54 remained in defendant Connelly's possession. The accounting also showed that more than $14,000 was owed by the plaintiff to Law to compensate Law for the myriad of expenses she incurred in acting as the plaintiff's guardian over the years. The plaintiff brought this action against Connelly based on breach of fiduciary duty, fraud and conversion theories of recovery. The plaintiff did not Takasaki or Law, sho are not subject to jurisdiction in California.
Settlement Discussions
The plaintiff made no settlement demand. The defendant made a C.C.P. º998 offer of compromise for $100,000.
Damages
The plaintiff claimed $30,000 in actual damages. The plaintiff asked for an award of $3.3 million.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. EXPERT TESTIMONY: Defense expert Bobby Fuller, C.P.A., testified that he independently reviewed all records, performed a full and complete accounting under generally accepted accounting principles, and that it was his professional opinion that no funds were due to the plaintiff, and that the small amount of remaining funds should be paid to Law to partially reimburse her expenses.
Deliberation
2 days
Poll
12-0
Length
5 days
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