In re The Moore Family Trust: David Moore, Jean Robinson, as successor trustees of the Moore Family Trusts v. Ernest Moore
Published: Sep. 3, 2005 | Result Date: May 16, 2005 | Filing Date: Jan. 1, 1900 |Case number: BP084530 Bench Decision – $5,400,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Philip Falese
(Law Offices of Philip Falese)
Experts
Plaintiff
Anne Peters
(medical)
Joseph P. Ferry Jr.
(technical)
Facts
Petitioners David Moore and Jean Robinson, as successor trustees of the Moore Family Trusts, brought an action
under Section 850 of the Probate Code to recover real property wrongfully transferred from Myrtle Moore's
family trust. The subject properties were conveyed to one of her adult children, Ernest Moore, contrary to the
provisions of her estate plan, while she was in the hospital recovering from several intensive surgeries. She
was in a coma and almost died.
Settlement Discussions
Mediation before Kenneth Petrulis failed. The petitioners offered to let the respondent buy the subject properties at a discounted price; or accept one of the other Trust properties as an early inheritance, in exchange for a return of the properties at issue. The respondent refused and made no counter offer. On the first morning of trial, the petitioners offered the respondent $50,000 for the return of the properties to their mother's Trust.
Result
The petitioners recovered real property valued at $1.8 million and damages of $3.6 million under Probate Code Section 850. The Court also issued a permanent injunction enjoining the respondent from further interference in the Trust's affairs.
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