Mark Malachowski, CSBN 242696
Malachowski & Associates, Attorneys for Defendant, Romona A. Doheny
United State District Court, Northern District of California, San Jose Division
Case No. 19-cv-02078-NC
Gilbert L. Loaec 2014 Trust, Gilbert L. Loaec, Yvonne Loaec-Russ, as Successor Trustee of Gilbert L. Loaec 2014 Trustor, and Yvonne Loaec-Russ as Attorney In-Fact for Gilbert L. Loaec
vs.
Romona Doheny; and DOES 1-10
Plaintiff’s alleged that Defendant had taken loans from Trustor by fraudulently claiming nonexistent illnesses and disabilities to gain sympathy and by taking advantage of Trustor’s lack of capacity. Defendant showed that the Defendant’s illnesses and disabilities existed and were supported by medical reports, that the money transfers were gifts and not loans, and presented a Board-Certified Neurologist Expert Witness report showing that the Trustor had capacity at the time the gifts were provided to Defendant. The case settled at Court Ordered Mediation (Alternative Dispute Resolution) with a mutual release of all claims, neither party paying the other party any money, and each party covering their own attorney fees.
An abstract of the case (view here) was published in the Daily Journal’s Verdicts and Settlements.