| Davila Summary Judgment Evidence Table | |||||
|---|---|---|---|---|---|
| Breach of Fiduciary Duty elements | |||||
| document-recordings | # docs |
# pgs |
proves |
||
| 1(a) | Duty | 2004 Mystery DPOA | 1 |
Duty-Maurine Hamilton, Maurine Hamilton Estate and Trust | |
| 1(b) | Duty | Letters Testamentary, AH-DD Request for Trust taxes, DD-AH Demand for payment | 3 |
Duty-Alan Hamilton, Executor/Successor Trustee | |
| 1(c) | Duty | $315,000 May 2004 doc with "Allan" in Davila handwriting | 1 |
Duty-Alan: Davila's knowledge of "Allan" as beneficiary | |
| 2(a) | Breach | Billing Records - shows dates extensions filed by Davila | 1 |
Breach-Maurine: Davila knowledge duties not being done by Sylvia Hamilton per 2004 Mystery DPOA | |
| 2(b) | Breach | Davila's quote from his 10-8-2004 letter to Mutual of Omaha saying that Brian Dudley had Breached his Fiduciary Duty by putting all of Maurine Hamilton's nest egg in one place. Then Davila put all the money in the hands of Maurine Hamilton's caretaker, in cash. | 1 |
Breach-Maurine: Davila assertion that putting all assets in one place dangerous. Even more dangerous in hands of a Caretaker vs a large insurance company, as Maurine Hamilton had planned, while earning $40,000/year in interest to live on the rest of her life. | |
| 2(c) | Breach | Fraudulent taxes prepared by Davila - no 1041s filed, 1040s are fraudulent, omitting and concealing the embezzlement of Trust, money laundering and tax evasion by Sylvia Hamilton. | Lots |
Lots |
Breach-Maurine in 2004, and Breach-Alan in 2009 |
| 2(d) | Breach | Will and Trust documents | Lots |
Lots |
Breach-Maurine and Alan |
| 3(a) | Damages | Annuity documents, 2003 1099 interest total | Lots |
Lots |
Damages-Maurine Hamilton |
| 3(b) | Damages | Will-Trust Documents (above) | Dups |
Damages-Maurine Hamilton Estate and Trust | |
| 3(c) | Damages | Letters Testamentary-attorneys fees (above) | Dups |
Damages-Alan Hamilton Executor-Successor Trustee | |
| 3(d) | Damages | Will-Trust Document (above) | Dups |
Damages-Alan Hamilton beneficiary | |
| Fraudulent Concealment elements | |||||
| 1 | knowledge of wrong | 9-10-2008 ticker tape of missing assets, 3-10-2009 voice message from Davila to Alan Hamilton "I don't know or really care who the Executor is" and omits Davila-Sylvia Hamilton-2004 Mystery DPOA's role in $800,000 missing annuity transactions. | 2 |
audio |
knowledge of wrong. Davila voice message also admits Breach of Fiduciary Duty ("not knowing or caring who the Executor is") |
| 2 | Duty to disclose | Alan Hamilton's Letters Testamentary from Probate Court | Dup |
1 |
Duty to diclose |
| 3 | fixed purpose to conceal | Fraudulent taxes prepared by Davila for Maurine Hamilton and Sylvia Hamilton we assume as missing assets were not deducted from Estate/Trust. It appears Davila's only "best interests" have only been for Sylvia Hamilton. The sortable IRS Evidence Tables show the document evidence concealment timeline. | Lots |
Lots |
Davila re-asserted 2004 fraudulent taxes coverup scheme with presentation of 2004-Amended taxes to Alan Hamilton in March 2009, and refusal to do the non-fraudulent Trust taxes after being told the taxes were fraudulent on 4/1/2009 and 4/14/2009. 4/15/2009 email with Davila's new reason to conceal everything because he said we "accused him of murder", which the email the following day clearly states that we did not, if there was any misunderstanding. Davila chose not to respond and clear up any confusion while moving forward on the investigation. |
Notation: Dup(s) = Duplicate document(s) already counted above