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Probate and Trusts
Breach of Duty
Bad Faith

William A. Baker, Orange County Public Administrator, as administrator of the Estate of George B. Awad v. Samira Harb Awad, Natalie Lisa Awad, Nanette Lisa Awad

Published: Feb. 20, 1999 | Result Date: Dec. 10, 1998 | Filing Date: Jan. 1, 1900 |

Case number: A184669 Verdict –  $0

Judge

James A. Jackman

Court

Orange Superior


Attorneys

Plaintiff

James C. Harvey


Respondent

Jeffrey T. Vanderveen

Everett L. Skillman Jr.


Experts

Plaintiff

Ronald Grant
(technical)

Suzanne Clem
(technical)

Facts

Respondent Samira Harb Awad formerly served as executor of the Estate of George B. Awad. While executor, she paid herself $140,000 in fees without court authority, and paid her daughters, respondents Natalie and Nanette Awad, $400,000 in Estate funds without court authority or notice. Respondent Samira Harb Awad also purported to sell to her daughters real property in Indio and a 57-foot yacht owned by the Estate for minimal or no consideration without court authority or notice and loaned respondent Nanette Awad $60,000 of Estate Funds without court authority or notice. The executor was then removed by the court, and the Orange County Public Administrator was appointed to replace her. The Public Administrator then filed a petition seeking to void the various transactions and recover the assets for the Estate. Respondent Nanette Lisa Awad defaulted. The petitioner brought this action against the respondents based on taking of Estate assets theory of recovery.

Settlement Discussions

The petitioner demanded return of title to property and all funds diverted from the Estate. The respondents made no offers.

Other Information

The verdict was reached approximately five months after the case was filed. The court made specific findings that respondents conspired to loot the Estate, that they acted in bad faith, that they acted with the intent to defraud creditors and beneficiaries, and that they were not bona fide purchasers of Estate property. Respondent Natalie Lisa Awad moved for trial by jury, which was denied by the trial court. Respondent's petitions for review of that ruling and a stay of trial were denied by both the Court of Appeal and California Supreme Court. The court doubled the awards against respondents Samira Harb Awad and Natalie Lisa Awad per Probate Code º9869.


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