Sammann v. Mayer

Alan Scott Funk

Case Conclusion Date:August 5, 2002

Practice Area:Fraud

Outcome:We won at trial. We won the appeal.

Description:We were awarded attorney's fees by the court after we won. The other side kept filing motions. The court imposed sanctions and awarded my client more attorney's fees. They kept filing motions. Eventually the court ordered that they not be allowed to file any further motions until they paid the attorney fees and sanctions. Excerpt from the decision: Marguerite and Nadene Sammann filed this action in 1994, alleging claims of fraud and breach of a constructive trust that arose, at least in part, from a 1981 transfer of real property. Because the admissible facts in the record are susceptible of but one reasonable conclusion, we affirm the trial court's dismissal of the Sammanns' claims on summary judgment. We also award attorney fees for a frivolous appeal. Facts: In August 1994, appellants Marguerite and Nadene Sammann (the Sammanns), each filed creditors claims for $50,000,000 against the Estate of Elizabeth Sammann, who had died in April 1994[1] Marguerite Sammann was married to Elisabeth Sammann's son, H. David Sammann, until his death in 1982. Nadene Sammann is the only child of Marguerite and H. David Sammann. After their creditors claims were denied, the Sammanns filed this action for damages against the Estate of Elizabeth Sammann on November 1, 1994. Respondent Francis Mayer, a nephew of Elizabeth Sammann, is personal representative for the Estate. In their original complaint, the Sammanns alleged that Judson Hines, a family attorney, had made "fraudulent transfers of separate property of Nadene Sammann and Marguerite Sammann" to Elizabeth Sammann prior to her death. In the years following the filing of the complaint, the Sammanns have expanded the scope of their allegations.... The trial court's judgment is affirmed; the respondents' request for attorney fees on appeal is granted, subject to compliance with RAP 18.1(d).