Alleged Fraudulent Abusive Conservatorship of Marty S. Adair
Superior Court of California County of Orange Central Justice Center
Superior Court of California County of Orange Central Justice Center
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 event facility, her open yard storage that annually generates $216,000.00 and home have been 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. 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, this allegedly fraudulent conservatorship. 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. Joey and Darian wrote fraudulent horrible things against Marty that she never read as Joey was allegedly present when Marty was served and 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Joey used the same out of date addresses he used in his 2015 attempted conservatorship that was exposed then.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 real property estimated value was $3,000,000.00.
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. 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.
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.
This time Marty was cut off from her funds and given a Public Defender. The Public Defender is amazing and cares about Marty’s wellbeing. The PD and the original attorney, my sister hired, tried to reverse the conservatorship to no avail. The attorney was sanctioned.
Joey allegedly “shopped” for a Dr. to write an evaluation of Dementia on our mother. 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 diagnosis. (Marty believes she was allegedly “drugged” during the test and for court). Marty was put on unwarranted dementia medication. The other two Dr. reports, that only came to light because Joey was reimbursed for them, allegedly 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 Drs., including her own long time primary care physician, and they all said she did not have Dementia.
Joey had allegedly already lined up a “care” facility to dispose of our mother in and has 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 in accordance to her wishes.
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 alleged fraudulent Psychiatric evaluation was even produced. This was done without notification to any of the parties or Marty’s Public Defender. David Shaver was appointed. David Shaver has allegedly done nothing in the best interest of Marty! He has allegedly sided on a consistent basis with Becker, Huntington and Joey. 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 that was 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 Dr’s evaluation against her will. Shaver decreed that no family members were allowed to speak with Marty for three days before the testing. 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 “Dr.” 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”.
Huntington has allegedly mismanaged and breached his fiduciary duties. Just a few examples… He has paid for multiple non permitted improvements and electrical work. He allegedly failed to give Marty most of the court documents about her case as all are forwarded to his office. He allegedly 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 dancing among many other indulgent things. Huntington “reimbursed for over-payment” 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. 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.
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 allegedly 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 server 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 allegedly forced our mom 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 in frustration.
While Joey was in pro per for a “minute”, Huntington gave Joey a copy of Marty’s Will that was inline with her husbands Will. Her husbands Will stated that if any heir came against them in court and prevailed they would get $1.00.
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 allegedly intimidate her and to reinforce the alleged 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 allegedly harassed about her Will.
0n 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.
Morris signed under penalty of perjury on 12/3/19 that the bond for $237,600.00 was sufficient!
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 and is allegedly holding it hostage against our mom’s wishes. Again running up more cost and billable hours for himself and Becker’s office.
This group allegedly lies 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. The families challenge their alleged reckless draining of the estates and billable hours that are often redundant. If we hadn’t found out about the conservatorship, from one of Marty’s employees, and fought this, she would have been put into a “care” facility and possibly died.
The alleged “head of the snake” are Ruben Martinez and attorney/wife Teresa Gorman. Their company, Fiduciary Real Estate Service, allegedly sells the properties of the alleged 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 alleged unscrupulous fiduciary including Huntington. If not in fact a conflict of interest, definitely alleged 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 conservators allegedly 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 alleged 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. 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 allegedly tried to hide the fact he would become Trustee). 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 filed late. (Many of their victims sign these settlement agreements in hope this nightmare will end. Allegedly most say it only serves to “gag” the victims). I refuse to be silenced!
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 $195 an hour and $135 an hour for his secretary. Becker’s office has double, triple, quadruple billed services for the same actions.
In my opinion, they will continue to “milk” our mom’s estate until all the money has run out.
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
“Joey” Richard James Adair and his wife, Darian Mathias-Adair
Their current attorney for this case and last, Jeffery A Slott, Encino, CA (Originally represented by Eric Becker until forced by Public defender, Holly Galloway to choose. They chose to only represent Richard Huntington after saying to Galloway they were going with the “cash cow”.
The Law office of Eric Becker, including Eric Becker and Samantha Morris, Laguna Woods, CA.
Conservator, Richard Huntington, Professional Fiduciary Services, Laguna Woods, CA (possibly Peter C Kote that was on another probate case with him and partner in his company)
David Shaver, Bunt and Shaver, Santa Ana, CA (brought on case by Becker in his hand written declaration to court statement saying mom had “sever dementia” and her public defender was only representing what mom wants and what may not be in her best interest, 4 days before phony Dr report was even written). He never met mom until months after this case started and only after persistent requests from daughters.
Ruben Roberto Martinez, realtor to sell mom’s property and his wife, Teresa Gorman (Huntington’s attorney on several other cases).
Judge Gerald Johnston we don’t believe is part of this conspiracy.
What we are seeking…other victims that can corroborate and expose this band of thieves.
To save mom’s property and to keep her in her home!
To stop their rat eating debt that they are saddling us with and stop the bleeding of money from mom’s estate.
For the mighty hand of God to prevail and set our mom and her estate free!