Michael Lamelza, Villa Rossa LLC v. Kristy H. Lindsay, Sam G. Lindsay, The Brooke Kirby Lindsay Foundation, and John Does 1 through Does 100, inclusive
Published: Mar. 5, 2016 | Result Date: Nov. 16, 2015 | Filing Date: Jan. 1, 1900 |Case number: 30-2015-00765270 Summary Judgment – Defense
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiffs brought a complaint against defendants seeking declaratory relief imposing a resulting trust and directing the turnover of assets.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that they obtained a $63 million judgment against Sam Lindsay based on allegations of breach of fiduciary duty but that to date, the judgment had not been satisfied. They claimed that defendants created the Brooke Kirby Lindsay Foundation and transferred $2.5 million in cash the Foundation, which they knew or should have known, were subject to the interests of plaintiffs. Plaintiffs sought a declaration that all funds held by the Foundation were subject to a resulting trust and an order directing the funds to be transferred to them.
DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiffs could not prove the essential elements of a resulting trust and that their claim was actually a disguised claim for fraudulent conveyance, which was barred by the statute of limitations.
Result
The court granted defendants' motion for summary judgment.
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