Mother of Member Advocate Jodee Sussman
Superior Court of California County of Orange Central Justice Center — Case 30-2019-016066588
Background information and how we have come to this point:
The American Way Cultural Center, Orange, California is the legacy and lifetime work of owner/builder Marty Adair and deceased husband, Richard James Adair. Her open yard storage, that annually generates $216,000.00, her event facility that generated $25,000.00 an event and home have allegedly been fraudulently stripped from her.
Marty agreed to total liquidation of all her property, event equipment, antiques, and much of her personal belongings. She agreed so she could escape California Conservatorship and Richard Huntington continued alleged financial abuse. She agreed so she could flee to Texas with her daughter and no longer be a witness to the dismantlement of her American Dream.
Our parents did business in the City of Orange for over 50 years.
Marty’s, disinherited and financially cut off son, (for non payment of approximately $500,000.00 in loans), Joe “Joey” Adair brought, for the second time, a fraudulent conservatorship action.
Joey and wife Darian Mathias-Adair, allegedly kidnapped Marty, cut off all communication with her daughters, lied about hiring The Law Office of Eric Becker to “help” her and took her to court for temporary conservatorship on 5/6/19. Joey and Darian wrote fraudulent horrible things against Marty that she never read as Joey was present when Marty was served and allegedly took the documents.
Joey used the same out-of-date addresses he used in his 2015 attempted conservatorship that was exposed then. He stated, under penalty of perjury, that the notification addresses to family were correct and to the second degree (10 were left out altogether) and that he was not a debtor to Marty. Both statements are untrue. The temporary conservatorship was granted, even though Marty opposed and we were not aware of the ex parte hearing to oppose.
Marty had access to her own money in 2015 and avoided conservatorship for her and her husband who subsequently died shortly after that court battle. This caused extreme emotional and financial duress.
At the recommendation of Becker’s office, Joey hired Richard Huntington as conservator. According to Joey’s statement to the court investigator, Joey would still be involved, but Huntington would be on paper. Joey actually believed Becker’s office and Huntington would help him take over our parents’ vast estate. They did until he was no longer useful and they had complete control. (Becker remained Joey’s attorney long into the case, until the PD brought up the conflict of interest in representing both Joey and Huntington. Becker said to the PD that he would be going with the “CASH COW” and Joey would need other representation.)
Signed under penalty of perjury, by Joey, is the value of personal property of $25,000.00, that there was no annual gross income and the real property estimated value was $3,000,000.00.
Samantha Morris of Eric Becker’s office signed on 12/3/19 that the bond for $237,600.00 was sufficient! Huntington has not increased his bond and has failed to adequately protect Marty.
Eric Becker’s office researched the property titles and the previous conservatorship cases days before filing the ex parte for temporary conservatorship. They knew full well the value of the property and that Joey and Darian attempted the same thing with the same fraudulent statements and lost. Huntington also was aware before he agreed to be the conservator of the estate.
THE REAL PROPERTY SOLD FOR $16,700,000.00! This only was possible because Marty requested Chapter 11 bankruptcy protection to buy us daughters time to stop the conservatorship and keep her creditors at bay. Huntington tried to talk Marty out of it. Chapter 11 and prayer have been her only saving grace. Under probate court, Marty’s property could have been sold for 90% of the undervalued appraisal amount of $9,470,000.00 that Huntington paid $27,500.00 to Derek T Bruce, Burdette “Bud” M Garvin of California Probate Referee to obtain. He also paid $3,500.00 for another appraisal requested by Residential First Capital, Ken Thayer that has never been produced.
Marty requested Chapter 11 to stop Huntington from being granted, by probate court, a hard money loan for $2,000,000.00.
Huntington lied in court documents claiming Marty needed 24 hour care at $20,000.00 a month and that her $18,446.00 monthly rental income was insufficient. He did not include the money she receives from social security.
Marty did not need 24-hour care and requested her employee of 30 years be allowed to help her with shopping, meal prep and cleaning as this employee has done for over three decades.
Huntington fought Marty’s choice of “help” for months and wasted vast amounts of money with expensive “caregivers” and attorneys fees to do so. (Huntington subsequently got bankruptcy approval for a $2,750,000.00 loan against Marty’s wishes and best interest. Marty’s creditors were going to get paid in full with interest. It was abusive and unnecessary to borrow that much money and has cost Marty mentally and financially.
Joey “shopped” for a Doctor to write an evaluation of Dementia on Marty. He only presented to the court the last one that was generated after he “testified” for 3 hrs and 20 minutes to the Psychologist, Eileen Swan Kang, and got that diagnoses. (Marty believes she was “drugged” during the test and for court). Marty was put on unwarranted dementia medication. The other two Doctor reports, that came to light because Joey was reimbursed for them, state Marty did not have Dementia!!
After her daughters were able to remove Marty from Joey’s “care”, she was tested by several health care professionals and Medical Doctors., including her own long time primary care physician, and they all stated she did not have Dementia.
Joey and Huntington lined up a “care” facility to dispose of Marty and have continued to date to try to force her into one.
Joey is accusing us of Elder Abuse for not placing mom in a “care” facility against what is “best” for her. Joey and Huntington’s plan from the beginning was to take over and have Marty “committed” against her will, where she most surely would have been abused for fighting to flee and possibly have died.
Eric Becker, in a hand written declaration to the court, stated that a GAL was appropriate…due to Marty’s “moderate to advanced Dementia”. This was days before the fraudulent Psychiatric evaluation was even produced. This was done without notification to any of the parties or Marty’s Public Defender.
Becker and Huntington’s cohort, David Shaver was appointed. David Shaver has done nothing in the best interest of Marty! He has sided on a consistent basis with Becker, Huntington and Joey. He was also notified about Joey’s grand theft and did nothing. Shaver never even acknowledged Marty nor spoke to her but charged her to attend three court hearings. Shaver started charging Marty on 8/20/19 but didn’t met her until 2/28/20. He emailed with Morris about placing Marty in a “care” facility on 4/6/20 against Marty’s best interest and wishes. Shaver knew for 8 months that Marty wished to move to Texas and did nothing but thwart her efforts. Marty Finally was allowed to move on 4/8/21.
In order to complete the “change of residence petition, ”Shaver forced Marty into one more Doctor’s evaluation against her will. Shaver decreed that no family members were allowed to speak with Marty for three days before the testing. This also ran up multiple billable hours for all of “them.”
Shaver spoke personally several times to the Geriatric and Forensic Psychiatry Dr. Sarah N. Mourra, that he hired and paid $7,200.00 on 3/17/21 to evaluate Marty. Shaver also spoke to the “Doctor” for 30 minutes before the testing. He also spoke to Mourra on 5/30/20 after reviewing a Dr. report from November, 2019 that said Marty did not have Dementia! Mourra diagnosed that Marty had dementia based on a paranoid “belief that Huntington and her son Joey want to Euthanize her”. The purpose is to continue to justify Huntington and these attorneys involvement and to cover up their alleged fraud against Marty.
Huntington has mismanaged and breached his fiduciary duties!
Just a few examples:
*Huntington has paid for multiple non permitted improvements and electrical work.
*He failed to give Marty most of the court documents about her case as all are forwarded to his office.
*He let Joey and Darian pillage and ransack the event facility and Marty’s home, stealing expensive jewelry, furs, a $800 safe and eight firearms. He didn’t file a police report, but paid to have the safe and guns returned, without the jewelry including her two carat Diamond solitaire ring. He ran up multiple billable hours to do so.
*Huntington reimbursed Joey for a coffee pot and numerous alcohol charges. (Marty doesn’t drink coffee or alcohol).
*He reimbursed Joey for cash and a night out at a bar among many other indulgent things.
*Huntington “reimbursed for overpayment” several months of rent to many tenants, including one that also got a new AC unit after writing a fraudulent statement about us daughters to the court. He claims the “reimbursements” were for returned checks but his accounting for NSF charges don’t corroborate that.
Huntington was first contacted by Joey on 4/22/19 to be the conservator. Huntington attended a high school prom event at Marty’s facility on 4/27/19 for 3.5 hours and never met with Marty who lived on the property. He was granted to be Marty’s temporary conservator on 5/6/19. His first conversation with Marty was on 5/7/19. Shouldn’t Huntington have spent time with her before agreeing to be her conservator? Was he concerned about Marty or how big her estate was?
Huntington and his attorneys have fought his removal against Marty’s wishes since this began. They are using her own money against her.
Marty was given a public defender that has done all she can to stop this conservatorship, but is no match for the “Dream Team” she is up against.
Huntington refused to give Marty even her requested $50.00 a month and claimed it was for gambling. (She enjoyed playing $2.00 lotto).
*Huntington and Becker’s office charged Marty to dispute a new walker request causing multiple billable hours.
*Huntington turned the water off and stopped upkeep on 20 Magnolia Trees and 89 Queen Palms on the property. He let the approximately 300’ ivy wall between Marty’s house and event facility become overgrown and ignored Marty’s requests to do landscape maintenance for over a year.
Marty was subjected to severe cruelty for two years. Huntington’s answer was that it all will be torn down so why maintain. Isn’t protecting and maintaining one of his jobs as a conservator? Was it in his authority to decide that the event facility and her home would be torn down and not sold to someone that would use it for its intended purpose? Did Huntington already know who it would be sold to?
*Huntington did not hold Joey accountable for the $10,000.00 in cash Joey forced Marty into withdrawing from her bank two days before he was appointed conservator. Joey alleged that Huntington saw the cash and they “played with and counted it.” Doesn’t that prove an alliance with Joey over his conservatee’s best interests?
*Huntington documented all the times Marty called him, sometimes 6 times a day. He didn’t return her calls for lengthy amounts of time even days later. This continued until she just stopped tying to communicate out of frustration. Huntington and Ruben Martinez, the property manager he hired, have been rude and dismissive of Marty on multiple public occasions.
*Huntington allowed FRES to put a For Sale sign in front of Marty’s home and one in front of her Event Facility in August 2020 without court approval. This not only caused tremendous mental anguish for Marty it also ran Huntington and Becker’s offices bill up. There were multiple billable hours to argue that it was just to “test the waters”. The sign in front of Marty’s house was removed, but they left the other one up for more time. All this to terrorize Marty and run their bill up.
*While Joey was in pro per for a “minute”, Huntington gave Joey a copy of Marty’s Will that was inline with her late husbands Will. Her husband’s Will stated that if any heir came against them in court and prevailed they would get $1.00. Huntington and Becker both saw a copy of Marty’s husband’s Will.
*In direct violation against Marty’s wishes Huntington gave Joey and Darian the gate and house code to Marty. She refused to see them for over a year, not even at court. Joey and Darian entered her home and startled her as she napped. The only purpose was to intimidate her and to reinforce the knowledge that Joey and Darian could “get to her” against her will at any time. This prompted billable time for Morris to decree no one could visit Marty without approval. Joey and Darian are the only ones that have even visited Marty unannounced. Marty was harassed about her Will by Joey and Darian.
*On 12/3/19 Huntington filed an “Informal Inventory and Appraisal” past the required deadline. He claims it is because of Marty’s bankruptcy requiring funds to pay for an appraisal. He claimed all her “vast” tangible assets were only worth $22,820.00. He is either really incompetent or he was trying to say Marty’s assets were nominal. Huntington later paid Yvonne M Karn $21,400.00 to do the inventory. She claimed all the tangible property was worth $159,716.00.
*Huntington’s failure to listen to us about all the hidden storage units resulted in only a partial inventory. This became apparent when we were allowed access to the event facility and were demanded to document our personal belongings being taken and what our mom was gifting us. Many many more billable hours were racked up by Huntington and Becker’s office.
*Huntington filed his first accounting late. He has a pattern of doing that!
*We were forced into mediation to strategically postpone our trial date. Huntington and Becker’s office entered into mediation in bad faith. They had no intention on reasonably reducing their fees. It’s estimated that day cost Marty another $25,000.00 and has further delayed the case.
*Huntington took all the personal property of our sister and things our mom gifted her off the moving truck after our mom said she could have it shipped to her. He then moved it into his storage against our mom’s wishes. Huntington then allowed the moving company to pick up and deliver the property to our mom’s home in Texas. This ran up more expense and billable hours for himself and Becker’s office.
*Huntington and Becker’s office have an alleged pattern in many conservator cases throughout Southern California. They lie to the conservatees and their families. They lie and misrepresent fact to the court. They try to insight dissension amongst family members to justify their involvement. If anyone tries to expose and stop them, they are labeled vexatious litigants, alcoholics, drug addicts, mentally disturbed, etc. and then they threaten them with “cease and desist orders” and defamation suits. They claim that their bills are so exorbitant because of families interference. When the families challenge their reckless draining of the estates and billable hours, that are often redundant, they have hearings continued and file ex parte motions to drive their billable up even higher.
The alleged “head of the snake” is Ruben Martinez and attorney/wife Teresa Gorman. Their company, Fiduciary Real Estate Service, allegedly sells the properties of the victims after “managing” and devaluing them. They allegedly sell to their “cronies” who flip shortly after at great profit.
Gorman has been the attorney for many unscrupulous fiduciary including Huntington. If not in fact a conflict of interest, definitely quid pro quo.
The alleged attorneys involved in many of these conspiracies are Eric Francis Becker, Samantha Jean Morris, David Neal Shaver, Neil Knuppel, and Ernest Hayward.
The alleged conservators involved are Richard Huntington, Sally Cicerone, Judith A Okonski, Lee Ann and Bruce Hitchman.
There are over 25 families that can attest to this pattern of conduct. Their are other attorneys and fiduciaries also involved in over a decade of wrong doings all over SoCal. The common denominator is FRES!
Marty and her three daughters are mentally and physically drained from this ordeal. Marty only had $1.5 million in debt. No foreclosure liens were initiated. She was working with the IRS to remedy her past due taxes of $66,696.56. Her daughters were working on refinancing her loans and setting up a trust before this began. The mental anguish, of watching all that she and her family built destroyed, is more than she can bare. The fear that her son will succeed and have her “committed” is overwhelming.
In my opinion, we are being “blackmailed” into a settlement agreement stating we will agree to all their outrageous fees and hold them harmless for any damages, among other things.
Huntington agreed to step down as Conservator after Marty’s Chapter 11 was approved in bankruptcy court appointed him the Trustee of her estate. (Huntington tried to hide the fact he would become Trustee by “docu dumping” the agreement the day before our settlement conference). The bankruptcy plan was approved on 2/1/21. Huntington and his attorneys, Becker and Morris refuse to honor their agreement until their fees are all paid including David Shaver’s that were all filed late. (Many of their victims sign these settlement agreements in hope this nightmare will end. It only serves to “gag” the victims). I refuse to be silenced!
Morris wrote an email on 4/2/21 that declared if I didn’t sign their stipulation, “I guess then everybody has to deal with Richard (Huntington) being conservator of the estate until trial on the accounting is concluded”.
From May 6, 2019 to January 31, 2021, Richard Huntington’s fees are $305,283.55 and his attorney Becker’s are $370,689.16 and continue to pile up to this day. Huntington charges the abusive amount of $195 an hour and $135 an hour for his secretary. Becker’s office has double, triple, quadruple billed services for the same actions. All done to financially exploit our mom.
They have filed for a hearing on 9/16/21 to exonerate their bond and be relieved of future accountings. This is against Marty’s best interest and wishes.
In my opinion, “they” will continue to “milk” our mom’s estate until all the money has run out, like “they” have done over and over to other families.
Marty’s conservatorship was filed in “bad faith”. All the “players” should be exposed and held accountable.
When you want a piece of land, you find a way to seize it. When you want someone’s house, you take it by fraud and violence. You cheat a man of his property, stealing his family’s inheritance. But the Lord says, “I will reward your evil with evil; you won’t be able to pull your neck out of the noose. You will no longer walk around proudly, for it will be a terrible time,” Micah 2:2-3