See related Davila Summary Judgment Text here
| Davila Summary Judgment Evidence Table | |||||
|---|---|---|---|---|---|
| Breach of Fiduciary Duty elements | |||||
| document-recordings | # docs | # pages | proves |
||
| 1(a) | Duty |
(received with package of documents from Mutual of Omaha 1/12/2009 ) |
1 (2) | Duty to Maurine Hamilton, Maurine Hamilton Estate and Trust | |
| 1(b) | Duty | Letters Testamentary | 1 | Duty to Alan Hamilton, Executor/Successor Trustee | |
1) 10-16-2008-AH-DD - Alan Hamilton Request for Davila to do Trust taxes 2) 12-4-2008-AH-DD re-request for taxes 3) 4/1/2009-AH-DD email with tax review spreadsheet for Davila |
3 (4) | Proves: Trust taxes requested by Alan Hamilton, as Executor /Successor-Trustee and beneficiary, to Davila. Notifications of Executor status. | |||
| 12-4-2008-DD-AH - Demand for payment (after 12-4-2008-AH-DD re-request for taxes in same gmail conversation thread) | 1 | Proves: Davila requested payment from Alan Hamilton for the taxes, and was therefore working for Alan Hamilton. Davila said Sylvia couldn't pay it because somehow the $800,000 was all gone, and $36,000 in taxes hadn't been paid either. | |||
| 1(c) | Duty | $315,000 May 2004 doc with "Allan" in Davila handwriting | 1 | Duty to Alan Hamilton, beneficiary: Davila's knowledge of "Allan" as beneficiary and knowledge of $315,000 in Alfred Hamilton Death benefits in 2004-Maurine Hamilton was not "broke" as Davila claimed on 9-10-2008. | |
| 2(a) | Breach | Davila 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 | Breach-Maurine in 2004, and Breach-Alan in 2009 | |
| 2(d) | Breach | Will and Trust documents | Lots | Breach-Maurine and Alan | |
| 3(a) | Damages | Annuity documents, 2003 1099 interest total, $36,000 tax consequences owed for early withdrawal of all Maurine Hamilton's annuities at once in 2004, by Davila and Sylvia Hamilton (Davila: "they only did it cause I have a license" - "no surrender charges" but alot of tax charges) | Lots | Damages-Maurine Hamilton | |
| 3(b) | Damages | Will-Trust Documents (above) | Dups | Damages-Maurine Hamilton Estate and Trust | |
| 3(c) | Damages | Letters Testamentary (above)-attorneys fees and retirement wasted | 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 | 1 (2) | knowledge of wrong. | ||
| 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. | 1 | knowledge of wrong. | |||
| 4/1/2009 email informing Davila of fraudulent 1040 taxes and re-requesting Trust 1041s, with 4684 Theft-Loss and K-1s for beneficiaries. | Dup | knowledge of wrong. | |||
| 2 | Duty to disclose | Alan Hamilton's Letters Testamentary from Probate Court | Dup | Duty to diclose. | |
| 3 | fixed purpose to conceal | 1) Fraudulent taxes prepared by Davila for Maurine Hamilton, and Sylvia Hamilton as well we assume, as missing assets were not deducted from Maurine Hamilton Estate/Trust. It appears Davila's only "best interests" have only been for Sylvia Hamilton. 2) 3-10-2009 voicemail from Davila to Alan Hamilton "Don't know or care who the Executor is", Davila's Mystery DPOA omitted from monetary control chain 3) 4/15/2009 email about Davila's explosion on 4/14/2009 |
Lots-Dups | 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. | |
| The sortable IRS Evidence Tables (sort1-when received, sort2-chronological) show the document evidence concealment timeline. | 2 | Concealment Timeline | |||
| total docs | 14 + Lots |
Notation: Dup(s) = Duplicate document(s) already counted above