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This bench trial occurred in LA Superior Court on the issues of financial elder abuse, breach of fiduciary duties, fraud and negligent infliction of emotional distress. At the time of the events leading up to the incidents, Peter and Dorothy Gille were married, in their 80’s and living in their family home they’d owned for 40 years. Peter cannot read without reading glasses and could not hear without his hearing aids. Dorothy was legally blind from cataracts. In the Spring of 2010, Peter and Dorothy Gille were hospitalized during the same period at different hospitals.
Preena Saunders, one of the defendants, did business as Complete Senior Care in Granada Hills and provided “placement services” for elders being discharged from hospitals who need a place to recuperate between their hospitalization and going back to their home. While the Gilles were hospitalized, Saunders befriended Dorothy and convinced Dorothy and Peter to give a power of attorney to Sandra Office, another defendant, to help care for the Gilles. Once this power of attorney was in place, the Gilles’ bank accounts were drained and their cars were sold. The money was then given to a third defendant, Timothy Coury. While the Gilles were in a board and care facility, Coury met with Peter and Dorothy and convinced them to sign paperwork telling them, “This will provide for your care until you are both fully recovered.” He told them the documents just provided for their care and were only a temporary measure while the completed their recovery. He also told them not to tell anyone about the documents they’d just signed. What the Gilles didn’t know was that they’d been asked to sign over the deed to their home. After the defendants acquired possession of the Gilles’ home, virtually everything in it disappeared – the furniture was thrown into a dumpster and their pets were allowed to run off. They lost everything they owned.
This was a financial elder abuse case that multiple attorneys declined prior to Kimberly getting it, with limited ability to actually collect on a judgment. At the time of this action, the target defendant who owned 7 properties, had liens on all of them. During the case, however it was determined that the liens were all bogus or “friendly liens” to make him look like he was judgment proof. Before trial, a TRO was sought on an ex parte basis to stop Coury from selling his properties, which was lost. Coury had already sold some of his properties and offered the others as a package deal for quick sale. The plaintiffs went back to court after finding this out and sought a TRO again to request an injunction on the sale and fraudulent transfer, and they were granted the TRO. Prior to trial, Coury and Saunders settled for $1,017,000.
Kimberly went to trial against the only remaining defendant on all causes of action. This was Kimberly’s first trial. It was difficult to get some of the evidence in at trial because the settling main defendant, Tim Coury, took the fifth on virtually every question he was asked. At trial, the judge awarded a total of $909,412.50 against the only remaining defendant, which sum included $600,000 for emotional distress damages.
The results of this case were far-reaching. The Department of Social Services was at the trial everyday of it to watch and learn how the abuse took place, and so it can try to protect elders and other dependents from perpetrators like these in the future. Also, a Senate Bill (648 Mendoza) was drafted which would require placement agents, like Preena Saunders, to disclose their affiliations and commissions earned by placing seniors in facilities. It would also require the placement agent to carry insurance. This would cut off placement agents from playing musical chairs with elders by moving them from facility to facility in order to cash in on additional commissions.