Facts

The plaintiff, a 90-year-old widow alleged that the defendants (the plaintiff's attorney and the attorney’s brother) took advantage of her by taking her money, rent payments, and real property by fraud and financial elder abuse. Based on their purported friendship, the defendants agreed to take over the financial affairs of the plaintiff. However, after they gained full control over her assets and all information sources, they began to take money and enter into transactions between themselves and the plaintiff to their financial advantage and to the plaintiff's damage.

CONTENTIONS:
The plaintiff brought this action against the defendants based on the theories of elder abuse (including a request for attorney fees), fraud (intentional misrepresentation, concealment, false promise and negligent misrepresentation) and punitive damages.

Settlement Discussions

The plaintiff demanded $200,000. The defendants offered $75,000.

Damages

As a result of the conduct of the defendants, the plaintiff lost approximately $700,000 in real property and cash assets.

Result

$737,000 for financial elder abuse and fraud against both defendants; $222,500 for legal malpractice against Emma Dandridge only; $50,000 in punitive damages against Emma Dandridge only; $45,000 in punitive damages against William Dandridge only.

Other Information

The plaintiff's attorney fees and costs' motion pursuant to Welfare and Institutions Code section 15657.5 anticipate in the sum of approximately $450,000.

Deliberation

two days

Poll

12-0 (on all issues except false promise which was 10-2 and 11-1 on the elements)

Length

14 days