Gonsalves v. The Superior Court

24 Cal. Rptr. 2d 52 (1993)

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Nature of the Case

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Facts

Picardo (P) filed a complaint arising from the fact that she had been disinherited as beneficiary of the estate of her aunt, Dorothy Dvorak. The estate was left to Ganaye through a trust and will drafted by D and executed by Dvorak on June 7, 1991. In the first cause of action for fraud against Ganaye and D, P alleged Ganaye destroyed an earlier will giving all Dvorak's property to P and took it upon herself to make arrangements with D to prepare a new will for Dvorak knowing that Dvorak was dying and lacked testamentary capacity P also alleged that with a reasonable amount of diligence, D would have known of the lack of testamentary capacity of the deceased and should have refused to permit the execution of the documents. D motioned for summary judgment, arguing they had no reason to doubt Dvorak's testamentary capacity, and that they owed no duty to P and could not be liable for professional negligence. Testimony of a Dr. was offered wherein Dvorak had undergone surgery and had suffered some confusion and disorientation, but when discharged, she was alert, articulate, and coherent. D had met alone for 45 minutes with Dvorak in the hospital. She appeared healthy, well-rested, and alert. She was coherent and articulate throughout the meeting. She stated that she wanted Ganaye to handle her affairs upon her incapacity, and she wanted her to inherit her estate. Her closest living relatives were her niece, P, and a nephew. She stated that she did not want to leave anything to P and to include disinheritance language in her estate because she felt that P might try to contest the will. On the signing of the documents, witnesses confirmed that Dvorak appeared 'bright, cheerful, talkative, alert, and responsive.' She also mentioned that Colleen Ganaye had befriended Dvorak many years before and that she had visited Ganaye's house on numerous occasions when Dvorak was present. The videotape shows D asking Dvorak if she intends to leave her property to Ganaye and not to P and if she understands the terms of her will. Dvorak replies affirmatively with an alert, responsive, and calm demeanor. P entered evidence from Dvorak’s doctor that Dvorak suffered from hallucinations and was increasingly depressed. The court denied the summary judgment, and D filed the instant petition.