Preview
. ,
Sup erior Court of Califomia
cv ounty of Los Angeles
Paul William Pilger NOV 30 2022
8600 Starboard Dr. #1080A Clerk of Court
Sherri R. Executiv
Las Vegas, Nevada,89117
4 @LOX-NE ey.
Deputy
(702) 523-9135 EMAILS P PILGGR
in proper person
SUPERIOR COURTOF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF LOS ANGELES
10
225TCPOI2S,
CASE NO.:
11 Paul William Pilger, COMPLAINT FOR:
)
Plaintiff, )
12
) INTENTIONAL AND/OR NEGLIGENT
13 vs. ) INTERFERENCE WITH PROSPECTIVE
ECONOMIC ADVANTAGE
14 Monica Potter, Sabrina Coryell, Kevin
15 Dwight, and DOEs A-Z
16 Defendants
17
18 JURY TRIAL DEMAND.
19
20
21
22
2 VERIFIED COMPLAINT FOR “INTENTIONAL AND/OR NEGLIGENT
2) 23
INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE.”
24
nd
~ 25
26
fe
27
of
28
Couplaint.For SINTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-1
TABLE OF CONTENTS
Pg.
INTRODUCTION
I. JURISDICTION ND VENUE
Ill. PARTIES
A. PLAINTIFF
10 B. DEFENDANTS
11 IV. SUBSTANTIVE FACTS FORMING BASIS OF CLAIM
A. PLAINTIFF’S EMPLOYMENT AND ACCOMPANYING PROSPECTIVE
12
ECONOMIC ADVANTAGE
13 B. DEFENDANT CORYELL’S PROMISES AND BREACH 14
Cc. DEFENDANT POTTER’S PART IN MALICIOUS INTERFERENCE 14
14 D. DEFENDANT DWIGHT’S PART IN MALICIOUS INTERFERENCE,
INTIMIDATION, AND COERCION 21
15
CAUSE OF ACTION 24
16
VI CONCLUSION 27
17
VIL PRAYER FOR RELIEF 32
18
19
vill. JURY DEMAND 36
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21
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2
(3) 23
24
>
2 25
26
27
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Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-2
PLAINTIFF (Paul William Pilger, acting pro se) brings this action against Defendants
Monica Potter, Sabrina Coryell, and Kevin Dwight (hereinafter “DEFENDANTS”, and each of
them. PLAINTIFF hereby complains of the DEFENDANTS, and each of them, as follows:
I. INTRODUCTION
This action arises out of conduct by DEFENDANTS of a willful and malicious nature
intended to deprive PLAINTIFF of promises of economic advantage to which PLAINTIFF relied]
10
to his detriment.
ii
12
Ii. JURISDICTION AND VENUE
13
14 1.) Jurisdiction is proper in this action by the following:
15
2.) California Superior Courts have General jurisdiction in civil matters (Code of Civil \
16
Procedure §395) where at all times, DEFENDANTS, and each of them, resided in
17
18
and/or did business in the State of California, County of Los Angeles.
19 3.) Venue (Stanley Mosk Courthouse) is proper because’a substantial part of the acts,
20 omissions, and/or transactions complained of herein originated in Los Angeles
21 \
County, State of California.
ae 22
4.) The amount in controversy exceeds the jurisdiction minimum under the designation
= 23
a2
24 “UNLIMITED.”
ie9
hd 25
26
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Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ACVANTAGE”-3
\
II. PARTIES
A. PLAINTIFF
$5.) PLAINTIFF, Paul William Pilger, is a natural person residing at: 8600 Starboard Dr.
1
#1080A, Las Vegas, Nevada 89117
B. DEFENDANTS
6.) Monica Potter, Senior Vice President.and Chief Operating Officer of “San Pasqual
Fiduciary Trust Company” (SPFTC) (400 Hope St. #1300, Los Angeles, CA 9007 1)
10 7.) Sabrina Coryell (address unknown to PLAINTIFF)
11
8.) Kevin P. Dwight, Associate, “Manatt, Phelps & Phillips, LLC” Law Firm (695 Town
12
Center Dr., 14™ FL., Costa Mesa, CA 92626)
13
9.) DOE’s A-Z
14
15
16
IV. SUBSTANTIVE FACTS FORMING BASIS OF CLAIM
17
18 A. PLAINTIFF’S EMPLOYMENT AND ACCOMPANYING PROSPECTIVE
19
ECONOMIC ADVANTAGE:
20
PLAINTIFF left place of birth (Los Angeles, California) in July 2001 and moved to Las
21
22
Vegas in search of employment.' For the next seven months Plaintiff spent every day at
= 23 ‘Nevada Job Connect” and scouring the want ads for any kind of employment. In April of 2002,
bs 24
=
Plaintiff noticed a help-wanted ad in the “Las Vegas Review Journal” for the position of
b> 25
administrative assistant. The job description didn’t sound like what Plaintiff had been searching
26
27 ) PLAINTIFF, at age 54, having just graduated law school, moved to Nevada to seek licensure and legal work in
Las Vegas. However, two months subsequent to moving, America was attacked (9/11) and Vegas, a mostly tourist
28 destination, shutdown for the most part and employment of any kind was extremely hard to find.
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-4
for but Plaintiff was getting desperate to secure a steady source of income doing whatever he had
to do to survive.
Plaintiff interviewed for the administrative assistant position and was offered the
position. The employer was Robert C. Weiss and the business was “Grog Investments” through
which Mr. Weiss invested as owner/operator in oil and gas leases. Plaintiff immediately
accepted the offer of employment and so began a sixteen-year relationship with Weiss as
employer, mentor, counselor, associate, and ultimately friend.
The employer/employee relationship was a good one and the prospects for long-term
10
employment were excellent as Mr. Weiss had informed Plaintiff that it was his intention that the
11
oil/gas leases should continue in perpetuity for the benefit of his only daughter and
12
13 granddaughter.
14 About eight years into the employment relationship Mr. Weiss was diagnosed with acute
15
kidney disease. This began the slow descent of Mr. Weiss from optimum health and from his
16
usual diligence in business affairs. Plaintiff, during this course of the relationship, began to take
17
amore active role, both personal and professional, in the affairs of his employer. In the personal
18
19 realm, with the slow demise of Plaintiff's employer, Plaintiff's employee duties took on the
20 additional mantle of handyman* and factotum.? -
21
‘In February 2006, Plaintiff got married for the first time at age 60. Plaintiff's wife found
i» 22
2 a job with the EPA and Plaintiff had secured, in 2004, a second job with a position at Heritage
a> 23
Pd
24
College in Las Vegas teaching night school classes. Although it was at that time an overheated
bat
fa
25 -
2
26
> plaintiff would perform regular maintenance for Mr. Weiss’s properties such as replacing HVAC filters, RO filters, recessed ceiling lighting,
27
etc, Pl tiff would also perform clectrical service and repairs such as replacing broken dimmer and light switches, and blown circuit breakers;
Plaintiff also attended to certain common plumbing maintenance such as replacing worn-out toilet flush valves and fill valves, seals, washers, etc.
In the capacity ofpersonal assistant to Mr. Weiss, Plaintiff would seek out and secure certain personal uncommon luxury stock such as
28
champagne, caviar, wine, cheese, and other specialty culinary items. These were items that were not available at a local grocery store but were
only procured by way of a diligent search ofspecialty outlets that catered to Las Vegas top-flight chefs.
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”’-5
real estate market in Las Vegas and home prices were quickly increasing, Plaintiff and his wife,
with their combined 3 incomes, were able to purchase a home in 2007.
A few years later, at the time of the nationwide housing bust and the “Great Recession,”
Plaintiff lost his night teaching job and Plaintiff's wife was let go by the EPA due to federal
-
government budget reductions. Like millions of Americans, Plaintiff and his wife could no
longer afford their mortgage payment and applied for assistance through government programs
(HAMP and HARP). However, the optimism that was held out to homeowners by these federal
programs was not proportional with the harsh vicissitudes of reality and Plaintiff lost his home.
10
The loss of nearly 2/3 of their income, and, the loss of the home to Plaintiff, and especially to his
11
wife who was already emotionally fragile, was devastating in its effect. The marriage suffered
12
13
from the financial decline and home loss and Plaintiff and his wife separated in 2009.
14 It was about this time (2009) that Plaintiff's employer, due to the debilitating affect of
15
kidney disease, was put on a regimen of peritoneal dialysis at home. Mr. and Mrs. Weiss, aware
16
of the devastation in Plaintiff's life with regard to loss of home and marital separation, suggested
17
that Plaintiff move into one of the three condos that they owned (Unit #26C of Regency Towers
18
19 in the Las Vegas Country Club).* They suggested that it could be a win/win situation where
20 Plaintiff would have a place to stay and work and would be close by the aging couple in time of
21
need. Plaintiff was very thankful for the offer and gratefully accepted.
22
Plaintiff moved into.the unit (#26C) at Regency Towers in 2009 and thus began, in addition
23
to his principal duties as trust administrator, his approximately 7 year residency as neighbor and
24
{>
25 personal assistant to the aging couple.
26
27
4 The Weiss’s owned three condos in Las Vegas. One was located at the very exclusive “Turnberry Place” and the other two were at “Regency
28 Towers,” a high-rise condominium complex in the Las Vegas Country Club. Mr. and Mrs. Weiss lived in one of the penthouses at Regency
Towers (28A) and owned another, smaller condo, two floors down (26C) that was unoccupied but which Mr. Weiss used as his office.
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”~6
When his condition became critical, Mr. Weiss was admitted to Mountain View Hospital
in Las Vegas where he spent the last few weeks of his life. Plaintiff drove and escorted Mrs.
Weiss to the hospital daily for hours-long visits with her husband. Plaintiff was always asked to
remain with Mrs. Weiss as she visited her husband and both Mr. and Mrs. Weiss treated Plaintiff
like family. Mr. Weiss passed away on Mother’s Day, 2012.
Following Mr. Weiss’s passing in 2012, it became even more apparent that Plaintiff's
move into the unit below the penthouse was providential as Mrs. Weiss began to rely on Plaintiff,
in almost every aspect of life as she had, for all practical purposes, no one else on whom she
10
could depend for assistance.>
1.
Mrs. Weiss made it clear to Plaintiff that she, also, wanted the oil/gas trust to continue in
12
13
perpetuity for the benefit of her daughter and granddaughter. To this end, in 2014, Mrs. Weiss
14 approached Plaintiff with the following request/offer: Mrs. Weiss asked Plaintiff if he would be
15
willing to work as the trusts’ administrator as long as he lived and was able to carry out the
16
duties involved. Plaintiff, appreciative for the offer of the security of lifetime employment,
17
gratefully accepted. Mrs. Weiss stated that, in addition to her offer of lifetime employment, it
18
19 was her wish to gift over to Plaintiff ownership of the Regency Towers condo (#26C) that
20 Plaintiff worked and lived in. Plaintiff, again, gratefully accepted this most generous offer and
21
suggested that, to formalize it and avoid any future legal challenge, the offer be memorialized in
22
2 writing. Mrs. Weiss agreed and Plaintiff drafted a document to that end. Mrs. Weiss reviewed
9 23
the document and, finding the wording to her satisfaction, the document was signed (EXHIBIT
bd 24
2 25 “A”). Mrs. Weiss also informed Plaintiff that it was her wish to leave Plaintiff a bequest of
26
27
5 Mir, and Mrs. Weiss hiad one child (a daughter, DEFENDANT Sabrina Coryell) but the daughter lived and moved about between Australia,
Hawaii and California and visited her parents very infrequently. In fact, the daughter did not come to Las Vegas during her father’s last days, nor]
28
did she visit her mother after the passing of her father, and there was no funeral, memorial, nor any other gathering offered by the daughter as a
celebration of life for her deceased father.
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-7
$150,000.00.’ The bequest was drafted by her attorney (John Gubler, Esq.) and formalized by
signing before a witness and notary public (EXHIBIT “B”),
With regard to the matter of real property, at some point subsequent to Mrs. Weiss’s offer|
«
of the gifting of property (Unit #26C) to Plaintiff, DEFENDANT Sabrina Coryell called Plaintiff;
and she both independently offered, and confirmed her mother’s wish, to gift the property to
Plaintiff. Furthermore, Ms. Coryell added that she, i.e., the estate, would cover all future HOA
fees as long as Plaintiff held the property.
In addition, Defendant Coryell insisted that the unit be renovated as it was decades old
10
and in serious need of upgrading, Ms. Coryell asked Plaintiff to contact general contractors and
11
secure bids on a complete renovation. Plaintiff thanked his employer’s daughter and contacted
12
13
several general contractors that had done renovations in Regency Towers and who were familiar
14 to Plaintiff. Plaintiff sent the bids EXHIBIT “C”) to Ms. Coryell who, with regard to the
15
anticipated renovation, started the ball rolling by sending to Las Vegas two assistants® to help
16
Plaintiff with the process of removing all that the condo (#26C) contained in terms of personal
17
items, business files and other related business accouterments. Plaintiff and the two assistants
18
19 finished clearing out the unit and placed the voluminous materials in one of the storage units at
20 the Weiss owned “Extra Space Storage facility” (Unit #239).
21
It was during the next 2 years that Mrs. Weiss’s health began to decline as she, also, was
b> 22
diagnosed with acute kidney disease. During the five years between Mr. Weiss’s passing and the
23
(=>
red demise of Mrs. Weiss, Plaintiff's job became a 24-hour, seven-day-a-week avocation. Mrs.
24
i
25
26
27
28
6 tiatey McGuire and Muriel Guilbaud
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-8
Weiss could, and would, call Plaintiff at any time day or night if there were something that she
wanted or needed.”
In early 2016, Mrs. Weiss began to become physically unsteady and at risk of falling.
She began to carry her cell phone with her so that she could call Plaintiff whenever she fell. One
Sunday evening, about 10:30 PM, Mrs. Weiss called Plaintiff and it was obvious by her
demeanor and tone of voice that something of a calamitous nature had occurred. Plaintiff rushed
upstairs to find Mrs. Weiss lying on the floor next to her bed. She said that she had tried to raise
herself up off the floor but could not do so. She was lying in her own feces and was bruised,
10
frightened, and distraught. Plaintiff helped her up onto her bed and cleaned the area where she
11
had fallen while trying to calm her and ascertain if there were any broken bones or other serious
12
13 issues that needed medical attention. Plaintiff informed Mrs. Weiss that he thought that the
14 paramedics should be summoned. Mrs. Weiss began to calm down and was adamant that
15
Plaintiff not summon paramedics. Plaintiff, assessing that there were probably no broken bones,
16
and that Mrs. Weiss was beginning to regain her composure, complied with her wish to not have
17
an ambulance summoned. However, Plaintiff strongly suggested that he spend the night in an
18
19 adjoining bedroom so that he would be nearby if any complications should arise during the night.
20 Mrs. Weiss expressed her gratitude for Plaintiff's concern but said that she was all right and that
21
she would keep her cell phone with her in bed and call Plaintiff during the night if the need
La» 22
should arise. Plaintiff reluctantly acquiesced and told Mrs. Weiss that he would also have his
22 23
2
cell phone next to his bed and that she should call if she felt the slightest apprehension about
bd 24
er
pd getting up and moving about.
25
26
7 Mrs. Weiss would call at the last minute in the evening if she had a craving for a certain food from one of her favorite restaurants. Mrs. Weiss
27 would call often if there was a problem with her computer, with the Intemet, or with her television cable service. Mrs. Weiss also asked Plaintiff
to regularly give Mrs. Weiss ultrasound treatments to her neck and back. Plaintiff didn’t mind as he had a heart for the elderly. Plaintiff, during
these last five years, would have his widowed mother, who was in her nineties and lived in California, come and stay months at a time with him
28 in Las Vegas in unit #26C. Plaintiffs mother would often prepare home-cooked meals that were shared with Mrs. Weiss (¢.g., roast lamb shank,
chicken masala, pork roast, roast beef, homemade deserts, etc.).
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-9
Plaintiff called the daughter (DEFENDANT Coryell) the next day to inform her of the
events the night before and also to give his opinion as to the declining state of Mrs. Weiss’s
condition in general. Over the next few days it was obvious io Plaintiff that Mrs. Weiss was
having serious health issues but also that she seemed to be in denial and was refusing to seek
medical help. Plaintiff called Mrs. Weiss’s PCP (primary care physician/internist Dr.
Christopher Choi) and the doctor immediately made arrangements for her to be transported to
Summerlin Hospital.
The diagnosis during her approximately two-week stay at Summerlin Hospital in
10
February of 2016 was that of an acute UTI (urinary tract infection) and late stage kidney disease.
11
Dr. Choi, upon the release of Mrs. Weiss, determined that she should no longer live in her two-
12
13 story penthouse at Regency Towers, but should move to her one-story condo at Turnberry Place
14 and that she should have around-the-clock supervision. Arrangements were made and Mrs.
is
Weiss chose “Quality In-Home Care Services Inc.” as her medial assistants and she was
16
transported to Turnberry Place. Mrs. Weiss asked Plaintiff if he would mind moving in with her
17
so as to be close and provide care and service for anything that may arise. Plaintiff agreed and
18
19 moved in with Mrs. Weiss in early 2016.8 On February 15, 2016, Sabrina Coryell (Weiss) sent
20 Plaintiff the following text:
21
Dear Paul thank you so much for being there with
22 Gwynneth. I don’t what we would have done without you.
(Emphasis mine).
2 23
In March of 2016, Ms. Coryell decided that getting her mother a puppy would be
24
2
“2 25 therapeutic. This is something that Plaintiff also had been trying to get Mrs. Weiss to agree to
26 since her husband had passed away in 2012. Mrs. Weiss was reluctant to agree as she had gone
27
28 5 the Tumberry condo was a large, approximately 3,000 sq. ft. unit with three bedrooms and five baths with plenty of room for Mrs. Weiss,
Plaintiff, and a caregiver.
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-10
through a traumatic incident with a small dog some years earlier and did not want the
responsibility of caring for, and the heartache of any possible injury or demise of, another pet.
However, together, Ms. Coryell and Plaintiff prevailed in their persuasion and Plaintiff went to
pick up a puppy. On March 21, 2016, Plaintiff texted Sabrina:
Going downstairs to meet Lee with puppy should call you
shortly.
Sabrina responded by text:
Thank you Paul I love you!!
10 Plaintiff lived with Mrs. Weiss at the Turnberry condo during the last year of her life
11
from February 2016 until her passing in March of 2017. Plaintiff not only continued in the
12
capacity of. administrator/accountant for the oil/gas trust, but also became Mrs. Weiss’s right-
13
14 hand-man and close friend. During the 5 years since her husband’s passing, Mrs. Weiss confided}
15 in, depended upon, and entrusted Plaintiff with more and mote personal and business related
16
matters.”
17
At the beginning of 2017 Mrs. Weiss’s health began deteriorating rapidly. It became
18
clear to the medical professionals that attended to Mrs. Weiss that she should be hospitalized.
19
20 Mrs. Weiss refused to voluntarily check into a hospital. Sometime in late February she became
21 debilitated to the point of being bedridden. Plaintiff, of course, kept the daughter apprised of her
—* 22
mother’s condition on a daily basis.
23
Mrs. Weiss visited her PCP on March 1, 2017. It was confirmed and made clear by Dr.
24
Choi during this visit that Mrs. Weiss had an acute, chronic UTI and that her kidneys were only
2 25
26 9 Since Plaintiff, over the 16-year period of employment, had become very familiar with the people whom Mr. Weiss considered friends and
business associates in the oil/gas business (Neil Malloy, Steve Dubose, William Gruy, Dal Jeckson, Phil Jones, and others) Mrs. Weiss would
27 often confer with Plaintiff and seek advice on the drilling of new prospects, In addition, Mre. Weiss would delegate to Plaintiff the task of
reviewing JOAs (Joint Operating Agreements), AFEs (Authorizations for Expenditure) and CCs (Cash Calls) and frequently direct Plaintiffto
sign Mrs. Weiss’s name to various documents. In the personal arena, Plaintiff continued to supply Mrs. Weiss with whatever she desired in the
28
way of culinary items, ultrasound therapy, and Praintiff also became the primary caregiver for the puppy that daughter Sabrina had acquired for
her mother.
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”~11
~
functioning at about 10% and Dr. Choi made it manifest that Mrs. Weiss should either be
hospitalized or that hospice care should be considered if she preferred to go home. Plaintiff, whol
accompanied Mrs. Weiss to this doctor’s visit, informed Sabrina that hospitalization was now
imminent but that her mother had refused to check herself in. Sabrina, on March 1, 2017, sent
Plaintiff
the following text:
Yes good enough for now. I’m sorry she doesn’t
appreciate properly how much you do to help her._Please
know that I have your back Paul and Will make sure that
you have what you need when it comes time to retire.
(Emphasis mine)
10
Plaintiff replied with the following message:
11
12 Thank you Sabrina. That takes a good deal of stress off my
mind.
13
14
Sabrina then wrote:
i5
16
Oh Iam so glad. You deserve it. You are a [a] rare breed.
A loyal, good, loving and kind man.
17
18
The PCP made numerous house calls during the week of March 1“ to March 9" (the day
19
of Mrs. Weiss’s passing). The daughter was notified that her mother would probably last 7 to 10
20
days under hospice care and Sabrina informed Plaintiff that she would immediately make plans
21
22 to come to Las Vegas. Sabrina never came.
G2 23 Mrs. Weiss passed away on March 9, 2017. Present in her bedroom were Plaintiff, the
be
24
p> CNA (caregiver), 2 hospice attendants, Haley McGuire, and Mrs. Weiss’s granddaughter, Lilith.
) 25
During her final hours, Plaintiff sat on the side of her bed and. held Mrs. Weiss’s hand while he
26
27
gently massaged her head. He sang quietly along with the music therapist and prayed for Mrs.
28
Complaint For “INTENTIONAL AND/OR NEGLIGENT. INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”
~12
Weiss to pass peacefully. Mrs. Weiss passed peacefully that afternoon. The daughter was
notified immediately and at 2:36 PM that afternoon, wrote the following text to Plaintiff:
Thank you for everything you did for my mother._I will
always remember the kindness and loyalty that you gave
her and my dad. I don’t want you to worry about your
f I told this to Ryan too [Ryan Dietz]. And he is in
complete agreement and we are going to make sure that
your future is secure. (Emphasis mine)
The following day, business resumed as usual with the oil/gas interests, the caregivers
were gone, Haley McGuire returned to her home, and the granddaughter flew back to California.
10
There was not much communication directed towards Plaintiff during this time and Plaintiff was
11 left alone at Turnberry Place with his administrative/accounting function in addition to the role
12
of caregiver to the new puppy and custodial housekeeper for the three properties, but apparently
13
someone was working the machinations behind the scene. A couple months after her mother’s
14
passing, Sabrina, on May 3, 2017, sent Plaintiff the following text reassuring Plaintiff of the
1s
16 promises that she had made and communicated in the March 9 text:
17 I’m up in the middle of the night hope this
doesn’t wake you. Tomorrow I meet with SAN PASQUAL
18
FIDUCIARY Trust for the first time. This is the realest my
19 mother’s passing is going to be for me. I wish I did not need
to go._I think of you regularly and have asked Ryan to
20 make sure you know this, and that your future is secure.
[1 Emphasis mine)
21
Le 22 These text messages from Sabrina were exceptionally comforting to Plaintiff during this
b.2
a
23 time of his life. At that time, Plaintiff was 70 years old, his mother was 98 and in a local nursing
24
> home, his wife and he were separated and his wife was having serious emotional and
at ‘
25
Ryan Dietz, the Weiss’s longtime financial/investment advisor, began, at this point, to become more than a financial advisor and, apparently,
26 began to take charge of the future direction of the Weiss’s sizeable estate (in excess of $60,000,000.00) by bringing into the picture a professional
trustee forthe estate (San Pasqual Fiduciary Trust Co.) anda new law fr (Manatt, Phelps, & Phillips, LLP)
27 Tat some point after this initial meeting between Sabrina and ‘San Pasqual Fiduciary Trust Co.’, Sabrina called Plaintiff a few times and
expressed her displeasure with SPFTC. She also mentioned at a later date that she did not trust Monica Potter (DEFENDANT Potter).
28
Plaintiff responded by suggesting that Sabrina simply change trustees and find people that she is comfortable with in administering her parent's
substantial estate. Sabrina responded that she was counseled that she could not change trustees as a matter of California law and that she was
stuck with SPFTC.
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-13
psychological issues, and he had lost his home in an unlawful taking of property without due
process of law. Needless to say, Plaintiff's future at that point was looking dim, and, without the
housing and lifetime employment security that had been prortised to Plaintiff, that future would
have been unimaginably dismal. Plaintiff was grateful that the 16 years of uncompromising,
totally devoted service to his employers had been finally reccgnized and appreciated.’?
B. DEFENDANT CORYELL’S PROMISES AND BREACH:
As has been mentioned in the preceding summary of events, DEFENDANT Coryell not
only concurred with her mother with regard to the gifting over to PLAINTIFF the Regency
10
Towers condominium (Unit 26C) in fee simple absolute, but Ms. Coryell also, in numerous
11
12
communications, made certain and sure promises of lifetime security as towards Plaintiff.
13 However, immediately following Ms. Coryell’s introduction :o DEFENDANT Monica Potter
14
and San Pasqual Fiduciary Trust Company, Ms. Coryell ceased all communications with Plaintiff
15
and did not respond to any of Plaintiff’s entreaties.
16
17
C. DEFENDANT POTTER’S PART IN MALICIOUS INTERFERENCE:
18 DEFENDANT Coryell was apparently introduced to San Pasqual Fiduciary Trust Co.
19
(SPFTC)"? by Ryan Dietz.'* Two representatives from SPFTC came to Las Vegas to survey the
20
Weiss’s real property and business holdings and to speak with Plaintiff.'* After inspecting the
21
properties, DEFENDANT Potter and Mr. Patterson met with Plaintiff and confirmed to him that
a+ 22
@ 23
| During Plaintiff's 16 years of devoted service to Mr. and Mrs. Weiss he never received a raise and was never provided a vacation. At some
24 point, in late 2016, Sabrina proposed that Plaintiff take some time off, as his employment hours had been 24/7 since the passing of Mr. Weiss.
2 Sabrina offered to pay all expenses and send Plaintiffto Hawaii for a couple of weeks to stay at her property on Maui and to give Plaintiff $1,000
(5?
m2
stipend. Plaintiff was totally overwhelmed by the offer and accepted immediately but Sabrina did not follow through on her offer.
25 At some point after this initial meeting between Sabrina and ‘San Pasqual Fiduciary Trust Co.’, Sabrina called Plaintiff a few times and
bad
expressed her displeasure with SPFTC. She also mentioned at a later date that she did nct trust Monica Potter. Plaintiff responded by
26 suggesting that Sabrina simply change trustees and find people that she is comfortable with in administering her parent's substantial estate.
Sabrina responded that she was counseled that she could not change trustees as a matter of California law and that she was stuck with SPFTC.
27 ™ Ryan Dietz, the Weiss’s longtime financial/investment advisor, began, at this point, to become more than a financial advisor and, apparently,
began to take charge of the future direction of the Weiss’s sizeable estate (in excess of $60,00,000.00) by bringing into the picture a professional]
trustee for the estate (San Pasqual Fiduciary Trust Co.) and, a new law firm (Manatt, Phelps, & Phillips, LLP) (Mr. & Mrs. Weiss had
§ 5reviously retained local Las Vegas attorney John Gubler for decades).
28
DEFENDANT Monica Potter (COO), and Richard Patterson (CEO).
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERPERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-14
he would stay on in continuance as a functionary in respect to his present duties and position.
Plaintiff settled in to administer the oil/gas concerns, raise Mrs. Weiss’s puppy, and oversee and
maintain the various properties of the estate. This arrangement lasted for approximately one
year.'®
At some point in this timeframe, DEFENDANT Potter of SPFTC began asking Plaintiff
to forward the expense invoices to her and not enter the data ‘nto the spreadsheets set up initially
by Mr. Weiss. Then Ms. Potter started directing Plaintiff to send her all the oil/gas revenue
checks that Plaintiff had, as part of his duties, always deposited in the Weiss’s Wells Fargo
10
designated account for the mineral rights trust.
11
At this point Plaintiff, naturally, began to suspect that change was in the wind and there
12
13
was a foreboding sense that the promise of lifetime employment was being threatened. It soon
14 became clear that DEFENDANT Potter of SPFTC was taking over in all matters, not only
15
relating to the oil/gas interests, but in regard to many aspects of the Weiss’s estate. Nearing the
16
end of this 12-month period Plaintiff was blind-sided with changes to the status quo and to the
17
promissory expectations upon which he had relied to his detriment by purposefully not accepting
18
19 other, more lucrative employment.”
20 It soon became clear that DEFENDANT Potter, and Ryan Dietz (who, as a financial
21
advisor, had been associated with the Weiss’s for almost as long as Plaintiff), were now in
ae 22
33 23
24 16 the Tumberry Place condo had a plethora of problems,the correcting of which lasted approximately one year: It took about 8 months and
three different service companies to fix the ice maker on the Sub Zero refrigerator. It tock another few months and two different service
companies to fix the double oven - the doors would lock shut and therefore the appliances could not be used. Twice during the time that Mrs.
25 Weiss had lived in the unit there were leaks in the kitchen. It was determined sometime after Mrs. Weiss’s passing that black mold was present in|
the kitchen. The kitchen had to be dismantled (twice) and treated extensively. There had been a problem with the tiles on the balcony (a few
26 dozen tiles had buckled and broken) and it was discovered that there was a construction defect with there not being expansion joints required by
Nevada building code. Plaintiff was present during this lengthy process and helped with the procuring and supervising of properly licensed
contractors for remediation.
27
Plaintiff, about 4 years into his second job (teaching position), had been offered the position of ‘Department Chair’ by his then previous
28
“second-job” employer, Kaplan College, with a considerable raise in pay and additional benefits, but turned it down as it would have required
that he terminate his employment/relationship with Mr. and Mrs. Weiss. Since Mr. Weiss had made known his intention to maintain the oil/gas
trust into perpetuity, Plaintiff's turning down the Kaplan job offer resulted in a detrimental change of position in reliance on a promise.
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-15
control of every aspect of the Weiss’s estate and legacy and would, by extension, be in control of|
Plaintiff's future.
In early 2018, just about one year after the passing of Mrs. Weiss, DEFENDANT Potter
called Plaintiff and asked him if he would find a realtor in Las Vegas who would be familiar with}
the unique, high-end properties that the Weiss’s owned.'® Plaintiff did so and interviewed a Jena
McIntosh. Ms. McIntosh also lived at Turnberry Place and was the most qualified as an agent to
represent sellers. Ms. McIntosh visited the units at Regency Towers‘and Tumberry, took
measurements, photographed the properties extensively, and began to research the state of the
10
market and comps at that particular time.
11
After Ms. McIntosh had done considerable research and investigations, Plaintiff got a call]
12
13 from DEFENDANT Potter to the effect that Ms. Potter had secured an agent on her own. Ms.
14 Potter gave Plaintiff no forewarning and Plaintiff was left with the awkward task of informing
15
Ms. McIntosh that her services would not be needed after all. This was just the beginning of
16
what would become the controlling, high-handed approach employed by DEFENDANT Potter.
17
Around this same time, Mr. Dietz informed Plaintiff that an annuity was being purchased with
18
19 Plaintiff as the beneficiary. The annuity never materialized. _
20 Again, with no discussion or negotiation prior to communicating, Plaintiff received a
21
letter from DEFENDANT Potter dated April 10", 2018. Ms. Potter states:
22
2
Dear Paul,
a>
fod
23 Enclosed please find the following documents
24
between you and (a) the Gwynneth Weiss Administrative
Trust, and (b) Sabrina Coryell personally:
2 25 1 Separation and Release Agreement related to your
employment; and
26 2. Settlement Agreement containing provisions related
27
to Sabrina’s gifts to you.
28 18 at this point it became clear to Plaintiff that, not only was the promise and expectation of lifetime employment in danger of being denied, but
also the promise and expectation of the gifting of real property (Unit #26C).
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-16
é
We would urge you to consult with a lawyer about the terms
of these agreements as both contain a release of all known
and unknown claims. (Emphasis mine)
Plaintiff immediately contacted DEFENDANT Potter to discuss these two documents
(“Separation and Release Agreement” and “Settlement Agreement”) since there had been no
dialogue between the various parties in the preparation and execution of these documents. The
terms of the two documents were completely devoid of any mention of the two central promises|
.
made by the Weiss family to Plaintiff, that of lifetime employment and the remodeling and
gifting in fee simple absolute.ownership to Plaintiff of unit #26C at Regency Towers.
10
11
Plaintiff made it clear to DEFENDANT Potter that, according to the wording of said documents,
12 these agreements were completely unacceptable in that they in no way reflected the intents,
13
wishes and promises communicated to Plaintiff by Mr. Weiss, Mrs. Weiss, and daughter Sabrina.
14
Plaintiff requested that there be a face-to-face meeting between all parties (Plaintiff, SPFTC.
15
Manatt law firm, and Sabrina) to iron out any inconsistencies with said promises before
16
17 finalization and signing of documents. DEFENDANT Potter assured Plaintiff that she would set]
18 up such a conference. Ms. Potter failed to coordinate any such meeting.
19
/ Dated May 31“, 2018 Plaintiff received the following letter from the CFO of SPFTC.
20
Armando R. Salinas.
21
Dear Mr. Pilger.
22
t
G> 23 \ On behalf of San Pasqual Fiduciary Trust
Company and pursuant to discussions with you over the last
39
24 couple of months, the trustees of the Gwynneth Weiss
a4 Administrative Trust have decided to terminate your
25
employment with the Trust (emphasis mine).
26 This is to confirm and inform you that your |
employment isis being terminated effective today, May 31,
27
2018 (emphasis mine). Your final wages have been paid to
28
you through today’s date.
Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-17
Sincerely, Armando R. Salinas (CFO)
cc. Sabrina Coryell
Mona Abadir
This notice traumatized plaintiff. The shock of this letter to 70-year-old Plaintiff, who
was looking forward to a secure future of promised lifetime employment and housing, was
immeasurable. After nearly two decades of devoted, extraordinary service to the Weiss family,
Plaintiff was being discarded like an old shoe by the apparent greed and self-serving of new-to-
the-scene trustees and lawyers.
In addition to the May 31", 2018 letter (Notice of Termination of Employment), Plaintiff
10 also received two notices during this same time taped to the front doors of the Turnberry Place,
11 Unit #2503, and at Regency Towers, Unit #26C: “Five-Day Notice to Quit Tenancy-At-Will.”
12 Plaintiff, as a custodian and overseer of the work that needed to be done in order to ready the
13
Turnberry high-end townhouse for showing to sell, apparently had been given leave to remain at
14 Turnberry solely for the benefit of trustees, and, now that the work was completed, Plaintiff was
15
given short-term (5-day) notice to quit the premises.
16 Plaintiff, as mentioned, also received the same notice to quit at the Regency Towers
17 condo (26C) that had been promised to him by Mrs. Weiss,and by DEFENDANT Coryell,
18
Preview
. , Sup erior Court of Califomia cv ounty of Los Angeles Paul William Pilger NOV 30 2022 8600 Starboard Dr. #1080A Clerk of Court Sherri R. Executiv Las Vegas, Nevada,89117 4 @LOX-NE ey. Deputy (702) 523-9135 EMAILS P PILGGR in proper person SUPERIOR COURTOF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES 10 225TCPOI2S, CASE NO.: 11 Paul William Pilger, COMPLAINT FOR: ) Plaintiff, ) 12 ) INTENTIONAL AND/OR NEGLIGENT 13 vs. ) INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE 14 Monica Potter, Sabrina Coryell, Kevin 15 Dwight, and DOEs A-Z 16 Defendants 17 18 JURY TRIAL DEMAND. 19 20 21 22 2 VERIFIED COMPLAINT FOR “INTENTIONAL AND/OR NEGLIGENT 2) 23 INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE.” 24 nd ~ 25 26 fe 27 of 28 Couplaint.For SINTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-1 TABLE OF CONTENTS Pg. INTRODUCTION I. JURISDICTION ND VENUE Ill. PARTIES A. PLAINTIFF 10 B. DEFENDANTS 11 IV. SUBSTANTIVE FACTS FORMING BASIS OF CLAIM A. PLAINTIFF’S EMPLOYMENT AND ACCOMPANYING PROSPECTIVE 12 ECONOMIC ADVANTAGE 13 B. DEFENDANT CORYELL’S PROMISES AND BREACH 14 Cc. DEFENDANT POTTER’S PART IN MALICIOUS INTERFERENCE 14 14 D. DEFENDANT DWIGHT’S PART IN MALICIOUS INTERFERENCE, INTIMIDATION, AND COERCION 21 15 CAUSE OF ACTION 24 16 VI CONCLUSION 27 17 VIL PRAYER FOR RELIEF 32 18 19 vill. JURY DEMAND 36 20 21 22 2 (3) 23 24 > 2 25 26 27 28 Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-2 PLAINTIFF (Paul William Pilger, acting pro se) brings this action against Defendants Monica Potter, Sabrina Coryell, and Kevin Dwight (hereinafter “DEFENDANTS”, and each of them. PLAINTIFF hereby complains of the DEFENDANTS, and each of them, as follows: I. INTRODUCTION This action arises out of conduct by DEFENDANTS of a willful and malicious nature intended to deprive PLAINTIFF of promises of economic advantage to which PLAINTIFF relied] 10 to his detriment. ii 12 Ii. JURISDICTION AND VENUE 13 14 1.) Jurisdiction is proper in this action by the following: 15 2.) California Superior Courts have General jurisdiction in civil matters (Code of Civil \ 16 Procedure §395) where at all times, DEFENDANTS, and each of them, resided in 17 18 and/or did business in the State of California, County of Los Angeles. 19 3.) Venue (Stanley Mosk Courthouse) is proper because’a substantial part of the acts, 20 omissions, and/or transactions complained of herein originated in Los Angeles 21 \ County, State of California. ae 22 4.) The amount in controversy exceeds the jurisdiction minimum under the designation = 23 a2 24 “UNLIMITED.” ie9 hd 25 26 27 28 Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ACVANTAGE”-3 \ II. PARTIES A. PLAINTIFF $5.) PLAINTIFF, Paul William Pilger, is a natural person residing at: 8600 Starboard Dr. 1 #1080A, Las Vegas, Nevada 89117 B. DEFENDANTS 6.) Monica Potter, Senior Vice President.and Chief Operating Officer of “San Pasqual Fiduciary Trust Company” (SPFTC) (400 Hope St. #1300, Los Angeles, CA 9007 1) 10 7.) Sabrina Coryell (address unknown to PLAINTIFF) 11 8.) Kevin P. Dwight, Associate, “Manatt, Phelps & Phillips, LLC” Law Firm (695 Town 12 Center Dr., 14™ FL., Costa Mesa, CA 92626) 13 9.) DOE’s A-Z 14 15 16 IV. SUBSTANTIVE FACTS FORMING BASIS OF CLAIM 17 18 A. PLAINTIFF’S EMPLOYMENT AND ACCOMPANYING PROSPECTIVE 19 ECONOMIC ADVANTAGE: 20 PLAINTIFF left place of birth (Los Angeles, California) in July 2001 and moved to Las 21 22 Vegas in search of employment.' For the next seven months Plaintiff spent every day at = 23 ‘Nevada Job Connect” and scouring the want ads for any kind of employment. In April of 2002, bs 24 = Plaintiff noticed a help-wanted ad in the “Las Vegas Review Journal” for the position of b> 25 administrative assistant. The job description didn’t sound like what Plaintiff had been searching 26 27 ) PLAINTIFF, at age 54, having just graduated law school, moved to Nevada to seek licensure and legal work in Las Vegas. However, two months subsequent to moving, America was attacked (9/11) and Vegas, a mostly tourist 28 destination, shutdown for the most part and employment of any kind was extremely hard to find. Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-4 for but Plaintiff was getting desperate to secure a steady source of income doing whatever he had to do to survive. Plaintiff interviewed for the administrative assistant position and was offered the position. The employer was Robert C. Weiss and the business was “Grog Investments” through which Mr. Weiss invested as owner/operator in oil and gas leases. Plaintiff immediately accepted the offer of employment and so began a sixteen-year relationship with Weiss as employer, mentor, counselor, associate, and ultimately friend. The employer/employee relationship was a good one and the prospects for long-term 10 employment were excellent as Mr. Weiss had informed Plaintiff that it was his intention that the 11 oil/gas leases should continue in perpetuity for the benefit of his only daughter and 12 13 granddaughter. 14 About eight years into the employment relationship Mr. Weiss was diagnosed with acute 15 kidney disease. This began the slow descent of Mr. Weiss from optimum health and from his 16 usual diligence in business affairs. Plaintiff, during this course of the relationship, began to take 17 amore active role, both personal and professional, in the affairs of his employer. In the personal 18 19 realm, with the slow demise of Plaintiff's employer, Plaintiff's employee duties took on the 20 additional mantle of handyman* and factotum.? - 21 ‘In February 2006, Plaintiff got married for the first time at age 60. Plaintiff's wife found i» 22 2 a job with the EPA and Plaintiff had secured, in 2004, a second job with a position at Heritage a> 23 Pd 24 College in Las Vegas teaching night school classes. Although it was at that time an overheated bat fa 25 - 2 26 > plaintiff would perform regular maintenance for Mr. Weiss’s properties such as replacing HVAC filters, RO filters, recessed ceiling lighting, 27 etc, Pl tiff would also perform clectrical service and repairs such as replacing broken dimmer and light switches, and blown circuit breakers; Plaintiff also attended to certain common plumbing maintenance such as replacing worn-out toilet flush valves and fill valves, seals, washers, etc. In the capacity ofpersonal assistant to Mr. Weiss, Plaintiff would seek out and secure certain personal uncommon luxury stock such as 28 champagne, caviar, wine, cheese, and other specialty culinary items. These were items that were not available at a local grocery store but were only procured by way of a diligent search ofspecialty outlets that catered to Las Vegas top-flight chefs. Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”’-5 real estate market in Las Vegas and home prices were quickly increasing, Plaintiff and his wife, with their combined 3 incomes, were able to purchase a home in 2007. A few years later, at the time of the nationwide housing bust and the “Great Recession,” Plaintiff lost his night teaching job and Plaintiff's wife was let go by the EPA due to federal - government budget reductions. Like millions of Americans, Plaintiff and his wife could no longer afford their mortgage payment and applied for assistance through government programs (HAMP and HARP). However, the optimism that was held out to homeowners by these federal programs was not proportional with the harsh vicissitudes of reality and Plaintiff lost his home. 10 The loss of nearly 2/3 of their income, and, the loss of the home to Plaintiff, and especially to his 11 wife who was already emotionally fragile, was devastating in its effect. The marriage suffered 12 13 from the financial decline and home loss and Plaintiff and his wife separated in 2009. 14 It was about this time (2009) that Plaintiff's employer, due to the debilitating affect of 15 kidney disease, was put on a regimen of peritoneal dialysis at home. Mr. and Mrs. Weiss, aware 16 of the devastation in Plaintiff's life with regard to loss of home and marital separation, suggested 17 that Plaintiff move into one of the three condos that they owned (Unit #26C of Regency Towers 18 19 in the Las Vegas Country Club).* They suggested that it could be a win/win situation where 20 Plaintiff would have a place to stay and work and would be close by the aging couple in time of 21 need. Plaintiff was very thankful for the offer and gratefully accepted. 22 Plaintiff moved into.the unit (#26C) at Regency Towers in 2009 and thus began, in addition 23 to his principal duties as trust administrator, his approximately 7 year residency as neighbor and 24 {> 25 personal assistant to the aging couple. 26 27 4 The Weiss’s owned three condos in Las Vegas. One was located at the very exclusive “Turnberry Place” and the other two were at “Regency 28 Towers,” a high-rise condominium complex in the Las Vegas Country Club. Mr. and Mrs. Weiss lived in one of the penthouses at Regency Towers (28A) and owned another, smaller condo, two floors down (26C) that was unoccupied but which Mr. Weiss used as his office. Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”~6 When his condition became critical, Mr. Weiss was admitted to Mountain View Hospital in Las Vegas where he spent the last few weeks of his life. Plaintiff drove and escorted Mrs. Weiss to the hospital daily for hours-long visits with her husband. Plaintiff was always asked to remain with Mrs. Weiss as she visited her husband and both Mr. and Mrs. Weiss treated Plaintiff like family. Mr. Weiss passed away on Mother’s Day, 2012. Following Mr. Weiss’s passing in 2012, it became even more apparent that Plaintiff's move into the unit below the penthouse was providential as Mrs. Weiss began to rely on Plaintiff, in almost every aspect of life as she had, for all practical purposes, no one else on whom she 10 could depend for assistance.> 1. Mrs. Weiss made it clear to Plaintiff that she, also, wanted the oil/gas trust to continue in 12 13 perpetuity for the benefit of her daughter and granddaughter. To this end, in 2014, Mrs. Weiss 14 approached Plaintiff with the following request/offer: Mrs. Weiss asked Plaintiff if he would be 15 willing to work as the trusts’ administrator as long as he lived and was able to carry out the 16 duties involved. Plaintiff, appreciative for the offer of the security of lifetime employment, 17 gratefully accepted. Mrs. Weiss stated that, in addition to her offer of lifetime employment, it 18 19 was her wish to gift over to Plaintiff ownership of the Regency Towers condo (#26C) that 20 Plaintiff worked and lived in. Plaintiff, again, gratefully accepted this most generous offer and 21 suggested that, to formalize it and avoid any future legal challenge, the offer be memorialized in 22 2 writing. Mrs. Weiss agreed and Plaintiff drafted a document to that end. Mrs. Weiss reviewed 9 23 the document and, finding the wording to her satisfaction, the document was signed (EXHIBIT bd 24 2 25 “A”). Mrs. Weiss also informed Plaintiff that it was her wish to leave Plaintiff a bequest of 26 27 5 Mir, and Mrs. Weiss hiad one child (a daughter, DEFENDANT Sabrina Coryell) but the daughter lived and moved about between Australia, Hawaii and California and visited her parents very infrequently. In fact, the daughter did not come to Las Vegas during her father’s last days, nor] 28 did she visit her mother after the passing of her father, and there was no funeral, memorial, nor any other gathering offered by the daughter as a celebration of life for her deceased father. Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-7 $150,000.00.’ The bequest was drafted by her attorney (John Gubler, Esq.) and formalized by signing before a witness and notary public (EXHIBIT “B”), With regard to the matter of real property, at some point subsequent to Mrs. Weiss’s offer| « of the gifting of property (Unit #26C) to Plaintiff, DEFENDANT Sabrina Coryell called Plaintiff; and she both independently offered, and confirmed her mother’s wish, to gift the property to Plaintiff. Furthermore, Ms. Coryell added that she, i.e., the estate, would cover all future HOA fees as long as Plaintiff held the property. In addition, Defendant Coryell insisted that the unit be renovated as it was decades old 10 and in serious need of upgrading, Ms. Coryell asked Plaintiff to contact general contractors and 11 secure bids on a complete renovation. Plaintiff thanked his employer’s daughter and contacted 12 13 several general contractors that had done renovations in Regency Towers and who were familiar 14 to Plaintiff. Plaintiff sent the bids EXHIBIT “C”) to Ms. Coryell who, with regard to the 15 anticipated renovation, started the ball rolling by sending to Las Vegas two assistants® to help 16 Plaintiff with the process of removing all that the condo (#26C) contained in terms of personal 17 items, business files and other related business accouterments. Plaintiff and the two assistants 18 19 finished clearing out the unit and placed the voluminous materials in one of the storage units at 20 the Weiss owned “Extra Space Storage facility” (Unit #239). 21 It was during the next 2 years that Mrs. Weiss’s health began to decline as she, also, was b> 22 diagnosed with acute kidney disease. During the five years between Mr. Weiss’s passing and the 23 (=> red demise of Mrs. Weiss, Plaintiff's job became a 24-hour, seven-day-a-week avocation. Mrs. 24 i 25 26 27 28 6 tiatey McGuire and Muriel Guilbaud Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-8 Weiss could, and would, call Plaintiff at any time day or night if there were something that she wanted or needed.” In early 2016, Mrs. Weiss began to become physically unsteady and at risk of falling. She began to carry her cell phone with her so that she could call Plaintiff whenever she fell. One Sunday evening, about 10:30 PM, Mrs. Weiss called Plaintiff and it was obvious by her demeanor and tone of voice that something of a calamitous nature had occurred. Plaintiff rushed upstairs to find Mrs. Weiss lying on the floor next to her bed. She said that she had tried to raise herself up off the floor but could not do so. She was lying in her own feces and was bruised, 10 frightened, and distraught. Plaintiff helped her up onto her bed and cleaned the area where she 11 had fallen while trying to calm her and ascertain if there were any broken bones or other serious 12 13 issues that needed medical attention. Plaintiff informed Mrs. Weiss that he thought that the 14 paramedics should be summoned. Mrs. Weiss began to calm down and was adamant that 15 Plaintiff not summon paramedics. Plaintiff, assessing that there were probably no broken bones, 16 and that Mrs. Weiss was beginning to regain her composure, complied with her wish to not have 17 an ambulance summoned. However, Plaintiff strongly suggested that he spend the night in an 18 19 adjoining bedroom so that he would be nearby if any complications should arise during the night. 20 Mrs. Weiss expressed her gratitude for Plaintiff's concern but said that she was all right and that 21 she would keep her cell phone with her in bed and call Plaintiff during the night if the need La» 22 should arise. Plaintiff reluctantly acquiesced and told Mrs. Weiss that he would also have his 22 23 2 cell phone next to his bed and that she should call if she felt the slightest apprehension about bd 24 er pd getting up and moving about. 25 26 7 Mrs. Weiss would call at the last minute in the evening if she had a craving for a certain food from one of her favorite restaurants. Mrs. Weiss 27 would call often if there was a problem with her computer, with the Intemet, or with her television cable service. Mrs. Weiss also asked Plaintiff to regularly give Mrs. Weiss ultrasound treatments to her neck and back. Plaintiff didn’t mind as he had a heart for the elderly. Plaintiff, during these last five years, would have his widowed mother, who was in her nineties and lived in California, come and stay months at a time with him 28 in Las Vegas in unit #26C. Plaintiffs mother would often prepare home-cooked meals that were shared with Mrs. Weiss (¢.g., roast lamb shank, chicken masala, pork roast, roast beef, homemade deserts, etc.). Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-9 Plaintiff called the daughter (DEFENDANT Coryell) the next day to inform her of the events the night before and also to give his opinion as to the declining state of Mrs. Weiss’s condition in general. Over the next few days it was obvious io Plaintiff that Mrs. Weiss was having serious health issues but also that she seemed to be in denial and was refusing to seek medical help. Plaintiff called Mrs. Weiss’s PCP (primary care physician/internist Dr. Christopher Choi) and the doctor immediately made arrangements for her to be transported to Summerlin Hospital. The diagnosis during her approximately two-week stay at Summerlin Hospital in 10 February of 2016 was that of an acute UTI (urinary tract infection) and late stage kidney disease. 11 Dr. Choi, upon the release of Mrs. Weiss, determined that she should no longer live in her two- 12 13 story penthouse at Regency Towers, but should move to her one-story condo at Turnberry Place 14 and that she should have around-the-clock supervision. Arrangements were made and Mrs. is Weiss chose “Quality In-Home Care Services Inc.” as her medial assistants and she was 16 transported to Turnberry Place. Mrs. Weiss asked Plaintiff if he would mind moving in with her 17 so as to be close and provide care and service for anything that may arise. Plaintiff agreed and 18 19 moved in with Mrs. Weiss in early 2016.8 On February 15, 2016, Sabrina Coryell (Weiss) sent 20 Plaintiff the following text: 21 Dear Paul thank you so much for being there with 22 Gwynneth. I don’t what we would have done without you. (Emphasis mine). 2 23 In March of 2016, Ms. Coryell decided that getting her mother a puppy would be 24 2 “2 25 therapeutic. This is something that Plaintiff also had been trying to get Mrs. Weiss to agree to 26 since her husband had passed away in 2012. Mrs. Weiss was reluctant to agree as she had gone 27 28 5 the Tumberry condo was a large, approximately 3,000 sq. ft. unit with three bedrooms and five baths with plenty of room for Mrs. Weiss, Plaintiff, and a caregiver. Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-10 through a traumatic incident with a small dog some years earlier and did not want the responsibility of caring for, and the heartache of any possible injury or demise of, another pet. However, together, Ms. Coryell and Plaintiff prevailed in their persuasion and Plaintiff went to pick up a puppy. On March 21, 2016, Plaintiff texted Sabrina: Going downstairs to meet Lee with puppy should call you shortly. Sabrina responded by text: Thank you Paul I love you!! 10 Plaintiff lived with Mrs. Weiss at the Turnberry condo during the last year of her life 11 from February 2016 until her passing in March of 2017. Plaintiff not only continued in the 12 capacity of. administrator/accountant for the oil/gas trust, but also became Mrs. Weiss’s right- 13 14 hand-man and close friend. During the 5 years since her husband’s passing, Mrs. Weiss confided} 15 in, depended upon, and entrusted Plaintiff with more and mote personal and business related 16 matters.” 17 At the beginning of 2017 Mrs. Weiss’s health began deteriorating rapidly. It became 18 clear to the medical professionals that attended to Mrs. Weiss that she should be hospitalized. 19 20 Mrs. Weiss refused to voluntarily check into a hospital. Sometime in late February she became 21 debilitated to the point of being bedridden. Plaintiff, of course, kept the daughter apprised of her —* 22 mother’s condition on a daily basis. 23 Mrs. Weiss visited her PCP on March 1, 2017. It was confirmed and made clear by Dr. 24 Choi during this visit that Mrs. Weiss had an acute, chronic UTI and that her kidneys were only 2 25 26 9 Since Plaintiff, over the 16-year period of employment, had become very familiar with the people whom Mr. Weiss considered friends and business associates in the oil/gas business (Neil Malloy, Steve Dubose, William Gruy, Dal Jeckson, Phil Jones, and others) Mrs. Weiss would 27 often confer with Plaintiff and seek advice on the drilling of new prospects, In addition, Mre. Weiss would delegate to Plaintiff the task of reviewing JOAs (Joint Operating Agreements), AFEs (Authorizations for Expenditure) and CCs (Cash Calls) and frequently direct Plaintiffto sign Mrs. Weiss’s name to various documents. In the personal arena, Plaintiff continued to supply Mrs. Weiss with whatever she desired in the 28 way of culinary items, ultrasound therapy, and Praintiff also became the primary caregiver for the puppy that daughter Sabrina had acquired for her mother. Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”~11 ~ functioning at about 10% and Dr. Choi made it manifest that Mrs. Weiss should either be hospitalized or that hospice care should be considered if she preferred to go home. Plaintiff, whol accompanied Mrs. Weiss to this doctor’s visit, informed Sabrina that hospitalization was now imminent but that her mother had refused to check herself in. Sabrina, on March 1, 2017, sent Plaintiff the following text: Yes good enough for now. I’m sorry she doesn’t appreciate properly how much you do to help her._Please know that I have your back Paul and Will make sure that you have what you need when it comes time to retire. (Emphasis mine) 10 Plaintiff replied with the following message: 11 12 Thank you Sabrina. That takes a good deal of stress off my mind. 13 14 Sabrina then wrote: i5 16 Oh Iam so glad. You deserve it. You are a [a] rare breed. A loyal, good, loving and kind man. 17 18 The PCP made numerous house calls during the week of March 1“ to March 9" (the day 19 of Mrs. Weiss’s passing). The daughter was notified that her mother would probably last 7 to 10 20 days under hospice care and Sabrina informed Plaintiff that she would immediately make plans 21 22 to come to Las Vegas. Sabrina never came. G2 23 Mrs. Weiss passed away on March 9, 2017. Present in her bedroom were Plaintiff, the be 24 p> CNA (caregiver), 2 hospice attendants, Haley McGuire, and Mrs. Weiss’s granddaughter, Lilith. ) 25 During her final hours, Plaintiff sat on the side of her bed and. held Mrs. Weiss’s hand while he 26 27 gently massaged her head. He sang quietly along with the music therapist and prayed for Mrs. 28 Complaint For “INTENTIONAL AND/OR NEGLIGENT. INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE” ~12 Weiss to pass peacefully. Mrs. Weiss passed peacefully that afternoon. The daughter was notified immediately and at 2:36 PM that afternoon, wrote the following text to Plaintiff: Thank you for everything you did for my mother._I will always remember the kindness and loyalty that you gave her and my dad. I don’t want you to worry about your f I told this to Ryan too [Ryan Dietz]. And he is in complete agreement and we are going to make sure that your future is secure. (Emphasis mine) The following day, business resumed as usual with the oil/gas interests, the caregivers were gone, Haley McGuire returned to her home, and the granddaughter flew back to California. 10 There was not much communication directed towards Plaintiff during this time and Plaintiff was 11 left alone at Turnberry Place with his administrative/accounting function in addition to the role 12 of caregiver to the new puppy and custodial housekeeper for the three properties, but apparently 13 someone was working the machinations behind the scene. A couple months after her mother’s 14 passing, Sabrina, on May 3, 2017, sent Plaintiff the following text reassuring Plaintiff of the 1s 16 promises that she had made and communicated in the March 9 text: 17 I’m up in the middle of the night hope this doesn’t wake you. Tomorrow I meet with SAN PASQUAL 18 FIDUCIARY Trust for the first time. This is the realest my 19 mother’s passing is going to be for me. I wish I did not need to go._I think of you regularly and have asked Ryan to 20 make sure you know this, and that your future is secure. [1 Emphasis mine) 21 Le 22 These text messages from Sabrina were exceptionally comforting to Plaintiff during this b.2 a 23 time of his life. At that time, Plaintiff was 70 years old, his mother was 98 and in a local nursing 24 > home, his wife and he were separated and his wife was having serious emotional and at ‘ 25 Ryan Dietz, the Weiss’s longtime financial/investment advisor, began, at this point, to become more than a financial advisor and, apparently, 26 began to take charge of the future direction of the Weiss’s sizeable estate (in excess of $60,000,000.00) by bringing into the picture a professional trustee forthe estate (San Pasqual Fiduciary Trust Co.) anda new law fr (Manatt, Phelps, & Phillips, LLP) 27 Tat some point after this initial meeting between Sabrina and ‘San Pasqual Fiduciary Trust Co.’, Sabrina called Plaintiff a few times and expressed her displeasure with SPFTC. She also mentioned at a later date that she did not trust Monica Potter (DEFENDANT Potter). 28 Plaintiff responded by suggesting that Sabrina simply change trustees and find people that she is comfortable with in administering her parent's substantial estate. Sabrina responded that she was counseled that she could not change trustees as a matter of California law and that she was stuck with SPFTC. Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-13 psychological issues, and he had lost his home in an unlawful taking of property without due process of law. Needless to say, Plaintiff's future at that point was looking dim, and, without the housing and lifetime employment security that had been prortised to Plaintiff, that future would have been unimaginably dismal. Plaintiff was grateful that the 16 years of uncompromising, totally devoted service to his employers had been finally reccgnized and appreciated.’? B. DEFENDANT CORYELL’S PROMISES AND BREACH: As has been mentioned in the preceding summary of events, DEFENDANT Coryell not only concurred with her mother with regard to the gifting over to PLAINTIFF the Regency 10 Towers condominium (Unit 26C) in fee simple absolute, but Ms. Coryell also, in numerous 11 12 communications, made certain and sure promises of lifetime security as towards Plaintiff. 13 However, immediately following Ms. Coryell’s introduction :o DEFENDANT Monica Potter 14 and San Pasqual Fiduciary Trust Company, Ms. Coryell ceased all communications with Plaintiff 15 and did not respond to any of Plaintiff’s entreaties. 16 17 C. DEFENDANT POTTER’S PART IN MALICIOUS INTERFERENCE: 18 DEFENDANT Coryell was apparently introduced to San Pasqual Fiduciary Trust Co. 19 (SPFTC)"? by Ryan Dietz.'* Two representatives from SPFTC came to Las Vegas to survey the 20 Weiss’s real property and business holdings and to speak with Plaintiff.'* After inspecting the 21 properties, DEFENDANT Potter and Mr. Patterson met with Plaintiff and confirmed to him that a+ 22 @ 23 | During Plaintiff's 16 years of devoted service to Mr. and Mrs. Weiss he never received a raise and was never provided a vacation. At some 24 point, in late 2016, Sabrina proposed that Plaintiff take some time off, as his employment hours had been 24/7 since the passing of Mr. Weiss. 2 Sabrina offered to pay all expenses and send Plaintiffto Hawaii for a couple of weeks to stay at her property on Maui and to give Plaintiff $1,000 (5? m2 stipend. Plaintiff was totally overwhelmed by the offer and accepted immediately but Sabrina did not follow through on her offer. 25 At some point after this initial meeting between Sabrina and ‘San Pasqual Fiduciary Trust Co.’, Sabrina called Plaintiff a few times and bad expressed her displeasure with SPFTC. She also mentioned at a later date that she did nct trust Monica Potter. Plaintiff responded by 26 suggesting that Sabrina simply change trustees and find people that she is comfortable with in administering her parent's substantial estate. Sabrina responded that she was counseled that she could not change trustees as a matter of California law and that she was stuck with SPFTC. 27 ™ Ryan Dietz, the Weiss’s longtime financial/investment advisor, began, at this point, to become more than a financial advisor and, apparently, began to take charge of the future direction of the Weiss’s sizeable estate (in excess of $60,00,000.00) by bringing into the picture a professional] trustee for the estate (San Pasqual Fiduciary Trust Co.) and, a new law firm (Manatt, Phelps, & Phillips, LLP) (Mr. & Mrs. Weiss had § 5reviously retained local Las Vegas attorney John Gubler for decades). 28 DEFENDANT Monica Potter (COO), and Richard Patterson (CEO). Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERPERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-14 he would stay on in continuance as a functionary in respect to his present duties and position. Plaintiff settled in to administer the oil/gas concerns, raise Mrs. Weiss’s puppy, and oversee and maintain the various properties of the estate. This arrangement lasted for approximately one year.'® At some point in this timeframe, DEFENDANT Potter of SPFTC began asking Plaintiff to forward the expense invoices to her and not enter the data ‘nto the spreadsheets set up initially by Mr. Weiss. Then Ms. Potter started directing Plaintiff to send her all the oil/gas revenue checks that Plaintiff had, as part of his duties, always deposited in the Weiss’s Wells Fargo 10 designated account for the mineral rights trust. 11 At this point Plaintiff, naturally, began to suspect that change was in the wind and there 12 13 was a foreboding sense that the promise of lifetime employment was being threatened. It soon 14 became clear that DEFENDANT Potter of SPFTC was taking over in all matters, not only 15 relating to the oil/gas interests, but in regard to many aspects of the Weiss’s estate. Nearing the 16 end of this 12-month period Plaintiff was blind-sided with changes to the status quo and to the 17 promissory expectations upon which he had relied to his detriment by purposefully not accepting 18 19 other, more lucrative employment.” 20 It soon became clear that DEFENDANT Potter, and Ryan Dietz (who, as a financial 21 advisor, had been associated with the Weiss’s for almost as long as Plaintiff), were now in ae 22 33 23 24 16 the Tumberry Place condo had a plethora of problems,the correcting of which lasted approximately one year: It took about 8 months and three different service companies to fix the ice maker on the Sub Zero refrigerator. It tock another few months and two different service companies to fix the double oven - the doors would lock shut and therefore the appliances could not be used. Twice during the time that Mrs. 25 Weiss had lived in the unit there were leaks in the kitchen. It was determined sometime after Mrs. Weiss’s passing that black mold was present in| the kitchen. The kitchen had to be dismantled (twice) and treated extensively. There had been a problem with the tiles on the balcony (a few 26 dozen tiles had buckled and broken) and it was discovered that there was a construction defect with there not being expansion joints required by Nevada building code. Plaintiff was present during this lengthy process and helped with the procuring and supervising of properly licensed contractors for remediation. 27 Plaintiff, about 4 years into his second job (teaching position), had been offered the position of ‘Department Chair’ by his then previous 28 “second-job” employer, Kaplan College, with a considerable raise in pay and additional benefits, but turned it down as it would have required that he terminate his employment/relationship with Mr. and Mrs. Weiss. Since Mr. Weiss had made known his intention to maintain the oil/gas trust into perpetuity, Plaintiff's turning down the Kaplan job offer resulted in a detrimental change of position in reliance on a promise. Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-15 control of every aspect of the Weiss’s estate and legacy and would, by extension, be in control of| Plaintiff's future. In early 2018, just about one year after the passing of Mrs. Weiss, DEFENDANT Potter called Plaintiff and asked him if he would find a realtor in Las Vegas who would be familiar with} the unique, high-end properties that the Weiss’s owned.'® Plaintiff did so and interviewed a Jena McIntosh. Ms. McIntosh also lived at Turnberry Place and was the most qualified as an agent to represent sellers. Ms. McIntosh visited the units at Regency Towers‘and Tumberry, took measurements, photographed the properties extensively, and began to research the state of the 10 market and comps at that particular time. 11 After Ms. McIntosh had done considerable research and investigations, Plaintiff got a call] 12 13 from DEFENDANT Potter to the effect that Ms. Potter had secured an agent on her own. Ms. 14 Potter gave Plaintiff no forewarning and Plaintiff was left with the awkward task of informing 15 Ms. McIntosh that her services would not be needed after all. This was just the beginning of 16 what would become the controlling, high-handed approach employed by DEFENDANT Potter. 17 Around this same time, Mr. Dietz informed Plaintiff that an annuity was being purchased with 18 19 Plaintiff as the beneficiary. The annuity never materialized. _ 20 Again, with no discussion or negotiation prior to communicating, Plaintiff received a 21 letter from DEFENDANT Potter dated April 10", 2018. Ms. Potter states: 22 2 Dear Paul, a> fod 23 Enclosed please find the following documents 24 between you and (a) the Gwynneth Weiss Administrative Trust, and (b) Sabrina Coryell personally: 2 25 1 Separation and Release Agreement related to your employment; and 26 2. Settlement Agreement containing provisions related 27 to Sabrina’s gifts to you. 28 18 at this point it became clear to Plaintiff that, not only was the promise and expectation of lifetime employment in danger of being denied, but also the promise and expectation of the gifting of real property (Unit #26C). Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-16 é We would urge you to consult with a lawyer about the terms of these agreements as both contain a release of all known and unknown claims. (Emphasis mine) Plaintiff immediately contacted DEFENDANT Potter to discuss these two documents (“Separation and Release Agreement” and “Settlement Agreement”) since there had been no dialogue between the various parties in the preparation and execution of these documents. The terms of the two documents were completely devoid of any mention of the two central promises| . made by the Weiss family to Plaintiff, that of lifetime employment and the remodeling and gifting in fee simple absolute.ownership to Plaintiff of unit #26C at Regency Towers. 10 11 Plaintiff made it clear to DEFENDANT Potter that, according to the wording of said documents, 12 these agreements were completely unacceptable in that they in no way reflected the intents, 13 wishes and promises communicated to Plaintiff by Mr. Weiss, Mrs. Weiss, and daughter Sabrina. 14 Plaintiff requested that there be a face-to-face meeting between all parties (Plaintiff, SPFTC. 15 Manatt law firm, and Sabrina) to iron out any inconsistencies with said promises before 16 17 finalization and signing of documents. DEFENDANT Potter assured Plaintiff that she would set] 18 up such a conference. Ms. Potter failed to coordinate any such meeting. 19 / Dated May 31“, 2018 Plaintiff received the following letter from the CFO of SPFTC. 20 Armando R. Salinas. 21 Dear Mr. Pilger. 22 t G> 23 \ On behalf of San Pasqual Fiduciary Trust Company and pursuant to discussions with you over the last 39 24 couple of months, the trustees of the Gwynneth Weiss a4 Administrative Trust have decided to terminate your 25 employment with the Trust (emphasis mine). 26 This is to confirm and inform you that your | employment isis being terminated effective today, May 31, 27 2018 (emphasis mine). Your final wages have been paid to 28 you through today’s date. Complaint For “INTENTIONAL AND/OR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE”-17 Sincerely, Armando R. Salinas (CFO) cc. Sabrina Coryell Mona Abadir This notice traumatized plaintiff. The shock of this letter to 70-year-old Plaintiff, who was looking forward to a secure future of promised lifetime employment and housing, was immeasurable. After nearly two decades of devoted, extraordinary service to the Weiss family, Plaintiff was being discarded like an old shoe by the apparent greed and self-serving of new-to- the-scene trustees and lawyers. In addition to the May 31", 2018 letter (Notice of Termination of Employment), Plaintiff 10 also received two notices during this same time taped to the front doors of the Turnberry Place, 11 Unit #2503, and at Regency Towers, Unit #26C: “Five-Day Notice to Quit Tenancy-At-Will.” 12 Plaintiff, as a custodian and overseer of the work that needed to be done in order to ready the 13 Turnberry high-end townhouse for showing to sell, apparently had been given leave to remain at 14 Turnberry solely for the benefit of trustees, and, now that the work was completed, Plaintiff was 15 given short-term (5-day) notice to quit the premises. 16 Plaintiff, as mentioned, also received the same notice to quit at the Regency Towers 17 condo (26C) that had been promised to him by Mrs. Weiss,and by DEFENDANT Coryell, 18