Facts

In 2001, plaintiff Ramsell Corporation ("Ramsell") hired defendant Ranni Hillyer ("Hillyer") as CFO and as a personal financial advisor to the principals, Sylvester and Helen Flowers. Between 2001 and 2005, Hillyer embezzled in excess of $5 million from the various plaintiffs' bank accounts to, among other things, purchase real properties in her own name, to buy properties for her two adult children, to make loans to a variety of friends and to pay personal obligations including her line of credit. In 2005, Hillyer was fired for insubordination.

On March 3, 2005, Collette Erickson Farmer and O'Neill ("CEFO") filed an action against Hillyer for fraud, conversion, breach of fiduciary duty, unjust enrichment, and constructive trust, among other things. That same day, CEFO obtained an ex parte write of attachment against Hillyer's assets in excess of $2.2 million.

In early March 2005, plaintiffs retained William Farrer as co-counsel to assist with this litigation and seek and enforce additional prejudgment remedies against Hillyer. In June 2005, Farrer and CEFO obtained and levied amended writs of attachment against Hillyer in excess of $5 million. In April 2005, Farrer and CEFO sought and obtained the appointment of a receiver against Infield Outfield, a baseball ticket business operated by Hillyer (which she purchased with funds embezzled from plaintiffs). In October 2005, Farrer and CEFO sought and obtained the appointment of a receiver against Hillyer, personally, to freeze and take control of her real estate empire.

On April 7, 2005, Hillyer filed a cross complaint against Ramsell and its principal for sexual harassment. In late March 2006, Ramsell retained Alton Burkhalter to defend against the sexual harassment cross complaint.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Hillyer abused her position of trust and confidence as CFO and financial advisor to facilitate and conceal her theft of plaintiffs' funds for the benefit of herself, her children and her friends.

DEFENDANT'S CONTENTIONS:
Defendant Hillyer contended that plaintiffs knew about and consented to each of the 72 separate embezzlement transactions. In addition, Hillyer contended that she was the victim of sexual harassment.

Result

The jury deliberated for four days and on Sept. 12, 2007, returned verdicts in favor of plaintiffs and against Hillyer and her two adult sons totaling $12,244,036, including $6,697,393 in out-of-pocket economic damages and prejudgment interest, $721,500 non-economic damages and $4,825,143 in punitive damages. As a result of the jury finding Hillyer committed elder abuse, plaintiffs are also entitled to recover reasonable attorneys' fees, which they are requesting.

Other Information

During the nine-week jury trial, Farrer handled all of the evidence regarding the 72 embezzlement transactions and the methods of deception that Hillyer used to facilitate these thefts for purposes of considering plaintiffs' additional claims for elder abuse and punitive damages. Burkhalter handled the defense of the sexual harassment cross complaint. Prior to submission of the case to the jury, Farrer made a motion for a directed verdict on some of the embezzlement claims and the judge returned a directed verdict in favor of plaintiffs in excess of $3 million. FILING DATE: March 3, 2005.

Deliberation

four days

Length

nine weeks