David Gillispie as Special Administrator for the Estate of Dave Gillispie v. Bettina Taylor aka Bettina Larose Taylor, aka Bettina Gillispie, et al.
Published: Oct. 21, 2003 | Result Date: Apr. 9, 2003 | Filing Date: Jan. 1, 1900 |Case number: C0002578 Bench Decision – $80,803
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Facts
David Gillispie, the administrator of the estate of Dave Gillispie, initiated a lawsuit following the death of his father. His father could not read or write and allegedly was not mentally competent for the last several years of his life. He was however, in good financial shape and had a good pension. Bettina Taylor and her brother Leonard Taylor, the defendants, volunteered to take care of the decedent. The defendants provided care until the decedent's death. The decedent, a few years before his death bought a car, although he was unable to drive, and defendant Bettina was the only one to drive the car and she was registered as the owner although all payments were made by the decedent and the same was true for a new Expedition he bought years later. The defendants had the decedent buy a condominium where Bettina lived alone. Shortly before the death of the decedent, the defendant had the decedent execute a quick claim deed, transferring the property to her. The Estate sued the Taylors for fraud, financial elder abuse, declaratory relief, and constructive trust. The Taylors denied that they exerted undue influence over the decedent, defrauded him, or wrongfully obtained anything from him and Bettina contended she was romantically involved with the decedent.
Settlement Discussions
Split the proceeds of the property 50-50.
Damages
The Estate claimed approximately $84,000 in damages and punitive damages.
Result
$80,803 awarded to the estate of the decedents. Pursuant to the judgment entered, the court found that the transfer of the condominium by the decedent to Bettina Taylor was null and void. The estate was entitled to ownership and immediate possession. One dollar was awarded for punitive damages.
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