Property manager mishandles owner's funds.
- Case Name: Timothy Robbins v. Marianne Alyea
- Court and Case Number: Los Angeles Superior Court / BC658161
- Date of Verdict or Judgment: Friday, July 26, 2019
- Date Action was Filed: Monday, April 17, 2017
- Type of Case: Fraud
- Judge or Arbitrator(s): Hon. Richard E. Rico
Plaintiffs: Timothy Robbins
Defendants: Marianne Alyea
- Type of Result: Bench Verdict
- Gross Verdict or Award: $500,000
- Net Verdict or Award: $500,000
Award as to each Defendant:
$500,000 against Marianne Alyea.
- Trial or Arbitration Time: 3 days.
Attorney for the Plaintiff:
Etehad Law, APC by Steven Berkowitz, Beverly Hills.
Attorney for the Defendant:
The Law Offices of Marc A Legget by Marc A. Legget, Beverly Hills.
Facts and Background
Facts and Background:
Plaintiff Robbins and defendant Alyea were acquaintances. Robbins owned a number of rental properties and at some point an arrangement was made whereby Alyea would help Robbins manage the properties, including depositing checks into a bank account.
The precise terms of the agreement were vague at best. Nothing was in writing and the parties operated under this understanding for a number of years. In approximately 2016, Robbins asked Alyea for an accounting. As none was forthcoming, the lawsuit ensued.
That Alyea, unbeknownst to Robbins, deposited his tenant checks and third-party checks payable to or intended for him, into her personal bank accounts and misappropriated these proceeds. Alyea held herself as Robbins' property manager and, over the years, was able to gain Robbins' trust, thus permitting her to carry out the embezzlement.
That Robbins owed money to Alyea for her services. Further, that Robbins was aware that Alyea used her personal account to transfer proceeds belonging to Robbins. That Alyea used such proceeds to pay expenses and vendors on Robbins' behalf.