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Valensi Rose, PLC Wins $18 Million Lawsuit in The Matter of Thomas H. Barnes Trust

03-15-2012 07:36 AM CET | Politics, Law & Society

Press release from: Carl Terzian Associates

/ PR Agency: Carl Terzian Associates
Los Angeles, CA – March 14, 2012 - Valensi Rose, PLC litigators Laurie Murphy and Lynda Chung won an award of $18,223,343 on behalf of their client, Brittnee Barnes, involving her father's Trust. At issue in the case were the distributions and investments by Brittnee's older half siblings, Tom and Kristine Barnes, of funds derived from various business and real estate holdings worth over $20,000,000 that their father, Thomas H. Barnes, amassed and acquired during his lifetime. The award was issued on February 1, 2012 by Honorable Judge Harold W. Hopp at Riverside Superior Court in Indio, California. Having settled with Kristine Barnes, the case against Tom Barnes proceeded to trial.

“After a six week trial in Indio, in Riverside County, and after numerous post-trial briefs and hearings over the past year, we obtained a ruling in favor of our client that her older half-brother, Tom Barnes breached his obligations as trustee of the trust that their father Thomas H. Barnes created before he died. The court's ruling states what we have contended all along – that Tom Barnes spent trust assets and gambled with our client's inheritance, living a lavish lifestyle and investing Trust assets in risky businesses in which he had no experience, much of which took place while his minor half siblings were in the foster care system,” said Ms. Murphy.

Brittnee's father also had 1,852 ounces of gold and $855,000 in cash in safe deposit boxes when he died that Tom Barnes argued was meant by their father to be a gift to him. The Court disagreed and awarded the client and her younger brother the fair market value of the gold that the Court found their father intended to be held in trust for his two youngest children.

The Court also found that Tom Barnes breached his fiduciary obligations, acted with malice, fraud or oppression and awarded a total of $18,223,343 in favor of the client and her younger brother. Because the Court found that Tom Barnes converted trust assets in bad faith, it awarded double damages, which is permitted under the Probate Code. The Court permanently removed Tom and Kristine Barnes as trustees of the trust and appointed the professional trustee who has been running the businesses since 2008, when Tom and Kristine Barnes' powers were suspended. The judgment is expected to be satisfied when the businesses and real estate is sold.

Case Name: In Re the Matter of the Thomas H. Barnes Separate Property Trust
Place: Riverside Superior Court, Indio, California
Case No.: RIP089261
Presiding Judge: Harold W. Hopp
Date of Award: February 1, 2012

About Valensi Rose, PLC
Established in 1952, Valensi Rose, PLC is a full-service business law firm providing its clients with the broad range of legal services needed in a complex business environment. The firm is AV® rated by Martindale Hubbell (its highest rating). The firm's practice areas include: federal, state and international tax planning and related litigation; trust and estate planning, administration and related litigation; charitable planning; civil litigation; family and domestic relations law and mediation; real estate; debtor-creditor and bankruptcy law; business and corporate law; non-profit law; labor and employment law; and music, entertainment and intellectual property law. For more information, please visit www.vrmlaw.com.

Contact: Jim Goyjer (310) 207 3361
jim.goyjer@carlterzianpr.com
10866 Wilshire Blvd.
Los Angeles, CA 90024

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