California Woman Awarded Over $18.2 Million

Thomas Barnes owned land and business in Corona, California. He left a trust for his four children – two from his first marriage and two from his second. Two of the children were minors at the time of his death, so the older half siblings, Thomas Barnes Jr. and Kristine Barnes took the role of trustees.

Once she reached adult age, Brittnee Barnes, one of the younger siblings, petitioned the court to remove Thomas Jr. and Kristine from the role of trustee. Kristine settled the claims against her, but Thomas Jr. went to trial near the end of 2010.

Laurie Murphy, a partner with the firm representing the younger children (Valensi Rose in Los Angeles), says that Thomas Jr. and Kristine ran the business that was in the trust into the ground, and took cash from the trust to buy property, cars and vacations.

On June 16, 2011, the Superior Court Judge Harold Hopp found that Thomas Jr. breached his fiduciary duties and appointed a temporary trustee in his place. Hopp pointed out that Thomas Jr. was grossly negligent in choosing investments, he was gambling with the trust’s assets, and he was using them to support his own wants.

After ordering additional discovery regarding the value of assets, Hobbs recently awarded Brittnee over $18.2 million and double damages totaling about $3 million to $4 million.  Proceeds from the sale of the trust business and real estate holdings should cover the award.

See Amanda Bronstad, Double Damages Included in $18.2 Million Award Against Trustee, The National Law Journal, Feb. 16, 2012.