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Torts
Declaratory Relief

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

Dennis Hartmann

Thomas W. Dressler


Defendant

Ashley M. Naporlee

Miles D. Grant


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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