Callahan & Blaine

Callahan & Blaine is proud to announce its recent jury trial victory in Orange County Superior Court. Attorney Jason Casero and Senior Paralegal Tyler Reed prevailed on claims of fraud and slander of title, with the jury returning a verdict including compensatory damages, punitive damages, and attorneys’ fees.

Client Alan Hagedorn commenced suit in an effort to reinstate a $103,000 deed of trust that he recorded on a family home he sold to his son in 2003. The deed secured a loan he advanced to facilitate the sale. During his son’s divorce proceedings in 2018, the client learned for the first time that the deed of trust had been removed from title.

The document that removed the deed of trust included the client’s forged signature and appeared to be notarized by the Defendant – his former daughter-in-law, who was a notary at the time. There were no witnesses or direct evidence to the forgery.

Defendant claimed that she did not notarize the document, and instead argued that her ex-husband (the client’s son) was responsible. She sold the home during the pendency of the lawsuit, and the client was not paid out of escrow for the deed of trust that had been fraudulently removed.

Jason proceeded to trial on claims for (1) Fraud by Concealment, and (2) Slander of Title.  He prevailed on both claims. The verdict on the claim for Fraud was unanimous, and 11 jurors agreed on the verdict for Slander of Title.

The jury awarded our client $265,602.13; of that, $148,602.13 compensated the client for his principal and interest on the deed of trust. The jury awarded an additional $117,000 for attorneys’ fees (as damages) incurred by the client to reinstate his interest in the property before it was sold by Defendant.

The jury also concluded that the evidence of fraud was “clear and convincing,” and awarded an additional $218,410.67 in punitive damages. Judge Lewis barred the award of punitive damages, however, because he concluded that the evidence of financial condition did not demonstrate that the Defendant could pay them.

Again, a fantastic result for Jason and Tyler, way to go!

Our law firm represents corporate, professional and entrepreneurial clients of all sizes. To find out more about our distinctive approach to advocacy and dispute resolution in complex litigation, contact us at the Callahan & Blaine offices in Santa Ana.