Professional Liability & Fiduciary Litigation

Pestotnik + Gold LLP’s lawyers have handled a variety of professional liability actions, including the defense of professionals such as lawyers, accountants, pension trustees, real estate brokers, and others. For example:

Estate of Nunn.
Our firm was appointed by the Probate Court in Orange County, California to pursue a financial elder abuse case on behalf of the decedent’s estate. Our firm pursued an action against a tenant who acquired title to her landlord’s house six weeks prior to the landlord’s admission to the hospital for severe Alzheimer’s dementia. Our firm recovered the entire value of the property as well as part of our attorneys’ fees and costs.

In re Prewitt
Our firm represented a trust beneficiary in her attempt, among other things, to replace an individual trustee with an institutional trustee after the beneficiary’s father died and a trust dispute arose.

Recabaren Family Trust.
Our lawyers represented remainder beneficiaries of a trust to preserve their beneficial interest in valuable San Diego real estate. The case involved the intertwined fiduciary duties of trustees and corporate officers and directors. The case settled through a complicated negotiation that resulted in the clients obtaining early ownership and control of the real estate.

Barnett v. Park, et al.
In a financial elder abuse case, our firm obtained a temporary restraining order and then recovered over 92% of the cash we alleged a health care worker and property manager wrongfully took from an elderly woman and transferred to various bank accounts. Working closely and cooperatively with the banks involved, we preserved the elder’s assets, without needlessly increasing fees and expenses for third parties such as banks and tenants who were unwittingly involved in the defendants’ scheme.

Legal Malpractice Defense
Our partners defend lawyers accused of legal malpractice, breach of fiduciary duty and other serious claims arising from prior litigation and prior transactional services.