Trial News

Barney Williams, 78, contacted Victor Pantaleoni, the principal of American Family Legal Services, stating he wished to update his living trust and will, including leaving the remainder of his estate to a homeless shelter. Pantaleoni met with Williams at his home and collected a $360 check. A week later, Pantaleoni directed Williams to sign a blank check. The two went to a bank, where Williams transferred $100,000 into his checking account. Williams subsequently discovered that Pantaleoni had written the check out for $100,000, payable to National Western Life Insurance.

Williams contacted National Western Life Insurance and asked for a full refund. After the company notified Pantaleoni that he had five days to save the transaction, he went to Williams’s home and convinced him to sign an application for an annuity, which Williams thought was an updated trust document. Williams, with the help of another financial advisor, was able to recover the payment to National Western Life Insurance; however, he was charged a surrender fee of nearly $15,000.

Williams sued Pantaleoni and National Western Life Insurance, alleging financial elder abuse and negligence.

The jury awarded approximately $3.12 million, finding National Western Life Insurance 70% at fault and Pantaleoni 30% at fault. With added attorney fees, the award, which includes over $2.5 million in punitive damages, totals approximately $4.3 million.

Citation: Williams v. Pantaleoni, No. 17CV03462 (Cal. Super. Ct. Butte Cty. Dec. 2, 2019).

Plaintiff counsel: Frank Fox, San Diego.

Plaintiff’s experts: Azaz Haq, psychiatry, Sunnyvale, Calif.; Neal Bordenave, insurance, Chico, Calif.; Stacey Wood, insurance, Claremont, Calif.; and Richard Pearl, attorney fees, Berkeley, Calif.

Defense expert: Larry Nevonen, insurance, Sherman Oaks, Calif.

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