(714) 202-2640
Facebook Instagram Linkedin-in Youtube

Case Results

Orange County Superior Court (Judgment Entered)

Result: Defense Judgment in Breach of Fiduciary Duty + Surcharge Action

Orange County litigation attorney Blaine M. Brown successfully defended a removal, breach of fiduciary duty, and surcharge action against his Client – Successor Trustee – wherein a disgruntled Beneficiary attempted to block the sale of the Trust’s real property for a cash offer of $2,200,000.00. During this litigation and following, the Beneficiary filed an Ex Parte Application for a Temporary Restraining Order (“TRO”) and an Order to Show Cause re Preliminary Injunction to block the sale of the Trust’s real property. Mr. Brown filed an Opposition to the Beneficiary’s request for a Preliminary Injunction, and following oral arguments, the Court denied the Beneficiary’s request and dissolved the TRO.

Once the TRO was dissolved, the Trust’s real property was sold, and discovery began in the underlying action for removal, breach of fiduciary duty, and surcharge against Mr. Brown’s Client. Over the course of the litigation, Mr. Brown was ultimately able to demonstrate to the Beneficiary’s counsel that the Beneficiary would be unable to prove the merits of the action, ultimately obtaining a judgment for a complete dismissal with prejudice.

Pre-Litigation Settlement

Result: $1,500,000.00 in Financial Elder Abuse Pre-Litigation

Orange County litigation attorney Blaine M. Brown successfully obtained a pre-litigation settlement for his Client in the amount of $1,500,000.00 to his Client and several hundreds of thousands of dollars to his Client’s children. His Client’s brother had a substantial financial estate which he intended to distribute pursuant to his original plan (30 years before his passing in 2022). As his Client’s brother’s health rapidly declined, his Client’s niece had a power of attorney executed and completely rearranged the brother’s financial estate to benefit herself and her mother, misappropriating approximately over $700,000.00. Mr. Brown negotiating on behalf of his Client to obtain the aforementioned settlement and helped his Client avoid protracted litigation for the Financial Elder Abuse.

Orange County Superior Court (Settlement)

Result: Approx. $1,000,000.00 in Financial Elder Abuse Settlement

Orange County litigation attorney Blaine M. Brown successfully obtained a settlement for his Client which provided his Client approximately 80% more of the Trust estate (increase of over 50% of what he was to receive previously). Prior to his Client’s mother’s passing, she restated her Trust to provide the majority of her estate (approximately $1,500,000.00) solely to his Client and reduce the other siblings to less than $5,000.00 each.

The other siblings were attempting to completely disinherit Mr. Brown’s Client for allegedly committing Financial Elder Abuse. Following protracted discovery, Mr. Brown was able to obtain a settlement for nearly $1,000,000.00 for his Client. Further, he was able to ensure that his Client was protected from potential defamation by including liquidated damage provisions in the settlement agreement, should any confidentiality be breached. 

Los Angeles County Superior Court (Settlement)

Result: $10,000.00 Settlement to Plaintiff

Orange County litigation attorney Blaine M. Brown successfully obtained a settlement for his high-net-worth Client who owned numerous California Businesses worth over $40,000,000.00. One of his Client’s entities was being sued based on a Complaint which included 21 causes of action, most notably sexual battery by an employee, assault by an employee, negligent supervision of an employee, etc.

At Mediation, Plaintiff demanded a settlement amount in excess of $5,000,000.00. Following 10 hours of Mediation, Mr. Brown reached a settlement at $10,000.00, over $5,000,000.00 below than Plaintiff initially demanded.

Alameda County Superior Court (Settlement)

Result: $35,000.00 Settlement

Orange County litigation attorney Blaine M. Brown successfully obtained a settlement at Mediation in the amount of $35,000.00 (only $15,000.00 less than what his Client would receive if the original Trust stood), despite his Client being intentionally disinherited based on documents produced by opposing counsel for the first time at Mediation.

Orange County Superior Court (Settlement)

Result: $10,000.00 Settlement to Plaintiff

Orange County litigation attorney Blaine M. Brown successfully defended a California business who was being sued for causing the contamination of mold throughout a $14,000,000.00 home in Truckee, California. Mr. Brown’s Client was one of the California businesses that assisted in wiring the property and within one year it was so infested with mold that the Plaintiff sought damages exceeding $10,000.00. Mr. Brown eventually negotiated a settlement for as low as $10,000.00, despite the settlement preventing Plaintiff from recovering the full extent of the damages.

Orange County Superior Court

Result: Dismissal of Complaint

Ryan W. Young, Esq. successfully negotiated the dismissal of a legal action filed against their client who is both a shareholder and director of a company valued at over $100mm. This was achieved prior to even appearing in court, and the case specifically involved a dispute over control of the company. Thanks to Mr. Young’s tireless preparation, the client was able to maintain control over the valuable assets.

Orange County Superior Court

Result: Pre-Litigation Settlement of $1,500,000.00 for Beneficiary of Brother’s Trust

Blaine M. Brown, Esq., an Orange County trusts and estates litigation attorney, recently secured a significant pre-litigation settlement for his client that involved a substantial sum of $1,500,000.00 in financial compensation. Additionally, several hundred thousand dollars were awarded to his client’s children, making this a resounding success story for the involved parties. The case centered around a financial estate belonging to the Client’s brother, who had initially planned its distribution roughly three decades prior to his 2022 passing. Shortly before his passing, the Client’s niece acquired power of attorney and reorganized the estate to her and her mother’s benefit. As a result, over $700,000.00 was misappropriated, leading to a complicated legal battle. Mr. Brown skillfully negotiated with the agreement’s opposing party to bring about the settlement, which spared his client the potential of enduring an extended legal proceeding in a case of Financial Elder Abuse.

Madera County Superior Court

Result: 7 Figure Trial Settlement for Financial Elder Abuse and Breach of Fiduciary Duty and Surcharge

Blaine M. Brown, Esq. and Ryan W. Young, Esq., of OC Trial Group, APC, represented a client in protracted litigation involving a trustee and her daughters breach of fiduciary duty, financial elder abuse, and aiding and abetting.

The client was a beneficiary of trust that owned an almond orchard and an out of state property. During the administration of the trust, the trustee and her daughter coordinated a plan to have the out of state property transferred – free of trust – to the daughter for $0, and also allow the trustee to use the trust funds as her personal bank for several years.

Following 4 days of trial, Blaine and Ryan were able to obtain a 7-figure settlement for their client in an amount that nearly doubled the pretrial offer to settle.

Orange County Superior Court

Result: Dismissal of Petition for Breach of Fiduciary Duty and Surcharge of Trustee

In a case heard by the Orange County court, attorney Blaine M. Brown, Esq. secured a significant victory for his client, the successor trustee. Facing a removal action, breach of fiduciary duty claims, and surcharges allegedly owed, the successor trustee was targeted by a disgruntled beneficiary. The latter sought to prevent the sale of the Trust’s real property for a cash offer of $2,200,000.00 by filing the various claims, along with an Ex Parte Application for a Temporary Restraining Order (“TRO”) and Order to Show Cause re Preliminary Injunction.

Mr. Brown successfully defended the successor trustee’s interests, filing an opposition to the beneficiary’s application for a Preliminary Injunction. Following the court’s denial of the beneficiary’s request and the dissolution of the TRO, the Trust’s property was sold. Mr. Brown then initiated discovery in the underlying action for removal, breach of fiduciary duty, and surcharge against his client in order to pursue fees and costs against the beneficiary.

Throughout the litigation, Mr. Brown was able to demonstrate to opposing counsel that their client’s claims had no merit. This ultimately led to a complete dismissal with prejudice, marking a resounding success and legal victory for the successor trustee.

Orange County Superior Court

Result: $600,000 settlement recovered for client in financial elder abuse and undue influence action.

Ryan W. Young, Esq. represented a beneficiary in an action against a rogue trustee who had procured an amendment to the trust in favor of the trustee months before the trustor’s death. Mr. Young’s quick and aggressive strategy directed this matter into early mediation that resulted in a distribution to his client that was triple the amount of his interest in the amended trust.

Ventura County Superior Court

Result: More than $1,200,000.00 recovered in a Community Property Dispute Involving a Trust

Blaine M. Brown, Esq. and Ryan W. Young, Esq., of OC Trial Group, APC, represented a client who was a beneficiary allegedly disinherited from his mother’s trust (ABC trust). Mr. Brown and Mr. Young assisted the client in filing a petition to invalidate the trust amendment.

It was discovered that the trust funds were not properly allocated upon the passing of the father, over 20 years earlier. When this was brought to the other side’s attention, they were unwilling to make any offer to correct this misallocation which resulted in $910,000.00 being removed from the irrevocable trusts (the B and C trusts).

Following discovery, Mr. Brown and Mr. Young were able to obtain a result that included their client as a beneficiary in the trust he was allegedly disinherited from, and also were able to obtain a re-allocation of the $910,000.00 to the irrevocable trusts which their client was also a beneficiary of.

Orange County Superior Court

Result: $1,000,000.00 in Fraud and Financial Elder Abuse Action

Blaine M. Brown, Esq., a Trusts and Estates litigation attorney based in Orange County, prevailed in an action filed against his client, who was a beneficiary of a disputed trust, for fraud and financial elder abuse. The disputed trust was restated by the client’s mother before her death, leaving the majority of her estate (approximately $1,500,000.00) solely to the client, while reducing the other siblings to less than $5,000.00 each.
The other siblings had made attempts to disinherit Mr. Brown’s client by accusing him of Financial Elder Abuse and Fraud. After an extensive legal process, Mr. Brown secured a complete dismissal with prejudice of the action and also secured a settlement of nearly $1,000,000.00 for his client, which increased the client’s share of the original trust by over 50%.

Trust Administration

Result: Prevented filing of action against trustee client with successful negotiation of $13,000,000 trust distribution of over 20 real properties and 15 vehicles among several beneficiaries with competing interests.

Ryan W. Young, Esq. represented the trustee of a family trust with assets valued at over $13mm. The trust named four siblings as beneficiaries, each of whom disagreed as to properties and vehicles each were to inherit. In the face of many disagreements among the siblings, Mr. Young successfully negotiated with opposing counsel to reach an amicable distribution agreement thereby avoiding the time and expense of litigation.

Los Angeles County Superior Court

Result: Dismissal of Complaint for $5,000,000.00 Less than Mediation Demand

Orange County litigation attorney Blaine M. Brown, Esq., successfully obtained a settlement for his high-net-worth Client who owned numerous California Businesses worth over $40,000,000.00. One of his Client’s entities was being sued based on a Complaint which included 21 causes of action, most notably sexual battery by an employee, assault by an employee, negligent supervision of an employee, etc.
At Mediation, Plaintiff demanded a settlement amount in excess of $5,000,000.00. Following 10 hours of Mediation, Mr. Brown reached a settlement at $10,000.00, over $5,000,000.00 below the amount the Plaintiff initially demanded.

Orange County Superior Court

Result: 95% of Original Demand Recovered in Breach of Trust Action and Surcharge

Blaine M. Brown, Esq. and Ryan W. Young, Esq., of OC Trial Group, APC, represented a client who was a beneficiary of a family trust. Following the administration, the trustee (client’s brother who was also a beneficiary of the trust) transferred their client’s entire inheritance to an unknown bank account based on a fraudulent email from his what the trustee claimed to be his attorney (fraudulent email).

Following extensive discovery, Blaine and Ryan were able to obtain 95% of their client’s inheritance which was paid by a personal loan taken out by the trustee, i.e., settlement had same effect as surcharge. To date, the trustee is still pursuing the missing funds.

Orange County Superior Court

Result: Dismissal of Complaint for $13,000,000.00 Less than Demanded

Orange County litigation attorney Blaine M. Brown successfully defended a California business who was being sued for causing the contamination of mold throughout a $14,000,000.00 home in Truckee, California. Mr. Brown’s Client was one of the California businesses that assisted in wiring the property and within one year it was so infested with mold that the Plaintiff sought damages exceeding $10,000.00. Mr. Brown eventually negotiated a settlement for as low as $10,000.00, despite the settlement preventing Plaintiff from recovering the full extent of the damages.

Orange County Superior Court and Riverside Superior Court

Result: Dismissal of Multiple Lawsuits for Fraud, Conversion, Financial Elder Abuse, Breach of Fiduciary Duty, Surcharge, Etc.

OC Trial Group’s trust and estates litigation attorneys, Blaine M. Brown and Ryan W. Young successfully defended their client who was a trustee in multiple lawsuits (different counties) filed by a beneficiary. These lawsuits, among other causes of action, alleged that their client was liable for fraud, conversion, financial elder abuse, breach of trust, breach of fiduciary duty, etc. in an amount of approximately $3,000,000.00 to $5,000,000.00. Through tactical litigation strategies, Blaine and Ryan were able to obtain dismissals of all lawsuits filed against the client.

Orange County Superior Court

Result: Court Ordered Accounting and Removal of Trustee

Blaine M. Brown, Esq. and Ryan W. Young, Esq., of OC Trial Group, APC, represented a client who was a beneficiary of a family trust. Blaine and Ryan filed a petition to compel an accounting and demanded distribution of the trust assets, and ultimately obtained an order compelling the accounting and also removing the trustee of the trust and appointing their client as trustee.

Los Angeles County Superior Court

Result: $650,000 settlement in favor of client prior to filing of financial elder abuse and undue influence action.

Ryan W. Young, Esq. represented a trust beneficiary. His client’s sister had their father amend his trust to disinherit his client shortly before death. Mr. Young negotiated a tolling agreement and eventual settlement restoring 100% of his client’s inheritance as stated in the original trust prior to filing a petition.

Pre-Litigation

Result: Over $900,000 recovered in favor of client in trust dispute.

Orange County Superior Court

Result: Settlement of caregiver overtime claim against trustee client, avoiding significant penalties and litigation costs.

Orange County Superior Court

Result: Negotiated appointment of client’s preferred professional fiduciary to replace trustee hostile to life estate beneficiary client.

Stay Connected

Quick Access

Facebook Instagram Linkedin-in Youtube

Our Location

The information on this website was written as advertising material and is intended for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. ©2022 OC Trial Group, a Professional Law Corporation