James Daily
Top rated Business Litigation attorney in Newport Beach, California
Practice Areas:
Business Litigation,
Personal Injury,
Estate & Trust Litigation,
Securities Litigation
Education Qualification:
Pepperdine University School of Law
Practice Areas:
Business litigation,
Personal injury,
Estate & trust litigation,
Securities litigation
660 Newport Center Dr Suite 1000Newport Beach, California, 92660
First Admitted: 1990, California
Professional Webpage: https://www.dailylawgroup.com/
Bar/Professional Activity:
- State Bar of Wisconsin, 1991
- American Association for Justice
- Los Angeles County Consumer Attorneys Association
- State Bar of California, 1990
- National Directory of Who's Who
- Consumer Attorneys Association
- U.S. District Court Central District of California, 1990
- Orange County Bar Association
- National Academy of Elder Law Attorneys
- Orange County Trial Lawyers Association
Verdicts/Settlements (Case Results):
- Fifty-Seven Million Dollar ($57,000,000.00) Settlement after Arbitration Award in Fiduciary Abuse Litigation among blended family members, in complex multi-jurisdictional trust, estate, partnership dispute between parties related by blood or marriage. , 2020
- RESULT DATE: November 25, 2024CASE: Amendment & Complete Restatement of the Arnold Rosenblatt Revocable Living Trust Established February 23, 2006 (20STPB03748)COURT: Los Angeles County Superior CourtTOPIC: Probate and TrustsSUB-TOPIC: Breach of Fiduciary DutyBENCH VERDICT: $16,258,257 before attorney fees and costsATTORNEYS:Plaintiff:James D. Daily (Daily Law Group) Thomas S. Feher (Feher Law, APC)Defendant:Debbie Doitch (KJMLAW Partners) Amanda Seward (Law Offices of Amanda Seward) An animal rights activist and her nonprofit were ordered to pay $16,258,257 before attorney fees and costs (a total of $23.5 million) after being found liable for breach of fiduciary duty, financial elder abuse, and civil theft against a 97-year-old man while acting as his trustee. In a November 25, 2024, ruling, Judge Jonathan L. Rosenbloom concluded that Melya Kaplan misappropriated millions of dollars from the Arnold Rosenblatt Revocable Living Trust for personal gain and to benefit her nonprofit, Voice for the Animals (VFTA). The ruling outlined Kaplan's misuse of trust funds to purchase property, pay personal expenses, and fund her organization. "The theft was so brazen and so complete, with utter disregard for the rights, safety, and well-being of Mr. Rosenblatt, that she even cashed a check for the last $0.60 remaining in the account on January 6, 2020," Rosenbloom wrote. James D. Daily of Daily Law Group and Thomas Feher of Feher Law represented Rosenblatt. Daily described Rosenblatt, a post-World War II veteran and former Venice Beach bodybuilder, as a vulnerable elder who inherited a $4 million portfolio to sustain his retirement. "Kaplan gained his trust, becoming his power of attorney and orchestrating multiple amendments to his estate plan, each increasing her share. Although she was already set to inherit everything, her greed compelled her to seize control before his passing," Daily explained. FACTS: Melya Kaplan initiated a petition on May 12, 2020, challenging amendments to the Arnold Rosenblatt RevocableLiving Trust, later filing an amended petition on June 5, 2020, which became the operative document. Mr. Rosenblatt retained the Daily Law Group who countered with a Probate Code Section 850 Cross-Petition alleging breaches of fiduciary duty, financial elder abuse, civil theft under California Penal Code Section 496(c) and other claims.PLAINTIFF'S CONTENTIONSBreach of Fiduciary Duty:Ms. Kaplan, acting as Mr. Rosenblatt's attorney-in-fact and trustee of his revocable living trust, breached her fiduciary duties by self-dealing, misappropriating trust funds, and failing to act in his best interest. Kaplan transferred significant trust assets to herself and her organization, Voice for the Animals Foundation (VFTA), without authorization.Financial Elder Abuse:Kaplan exploited Mr. Rosenblatt, who was a vulnerable elder, for her personal benefit and that of VFTA. She engaged in conduct that deprived him of property and trust assets through undue influence, fraud, and other wrongful means.Civil Theft under Penal Code Section 496(c):Kaplan knowingly embezzled trust funds and converted them to her use or that of VFTA. She and VFTA retained stolen property, aware of its stolen nature, justifying treble damages under the statute.Breach of Trust:Kaplan violated her duties as trustee by: Using trust assets to purchase and occupy real property (Dewey and Sawtelle properties) without authorization. Failing to collect rent from VFTA for the use of trust property. Mismanaging trust resources and depleting them for unauthorized purposes.Improper Transfer of Trust Assets:Kaplan used trust funds to: Purchase the Dewey property in her name. Pay personal expenses. Transfer large sums to VFTA disguised as "donations." These transfers were done without Mr. Rosenblatt's knowledge or approval.Constructive Trust and Asset Recovery:Mr. Rosenblatt sought the return of all misappropriated assets, including the Dewey property, to the trust. He sought the imposition of a constructive trust to recover trust property held in Kaplan's name.Failure to Account:Kaplan failed to provide proper accounting of trust assets and misrepresented their use.RELIEF SOUGHT AND ORDEREDCompensatory Damages:$2,709,779.27 for financial losses attributed to breaches of fiduciary duty, financial elder abuse, and civil theft.Double Damages for Elder Abuse (Probate Code § 859):$5,419,558.54 for wrongful taking of property in bad faith, allocated to Kaplan and VFTA.Treble Damages for Civil Theft (Penal Code § 496(c)):$8,129,337.81 for knowingly receiving and converting stolen property.Additional Relief:Constructive Trust: The court imposed a constructive trust over the Dewey property, ordering it returned to the trust.Prohibition of Claims: Kaplan was barred from asserting any interest in Rosenblatt's personal residence or other trust assets.Unpaid Rent Recovery: Kaplan and VFTA were held liable for unpaid rent totaling $1,075,200 for properties improperly controlled by Kaplan.Attorneys' Fees and Costs: Kaplan and VFTA were ordered to pay Rosenblatt’s legal fees, with the exact amount to be determined upon submission of a detailed cost memorandum.DEFENDANT'S CONTENTIONSConsent and Authorization:Kaplan argued that her actions, including the transfer of trust funds and the use of assets for the benefit of herself and VFTA, were authorized by Mr. Rosenblatt or made with his consent. She claimed that Mr. Rosenblatt approved the alleged "gifts" or "donations" to VFTA and to her personally.Trust Management:Kaplan contended that her actions were in line with her fiduciary duties and intended to benefit the trust and Mr. Rosenblatt. She argued that the purchase of properties, such as the Dewey property, was intended to diversify the trust's assets and provide income through rental opportunities.Lack of Harm to the Trust:Kaplan asserted that her actions did not harm the trust and were part of a valid management strategy. She claimed that the funds used for the benefit of VFTA and herself were appropriate and accounted for.Disputed Capacity:Kaplan questioned Mr. Rosenblatt's cognitive capacity to make decisions during key periods, arguing that he lacked the ability to understand or revoke prior decisions, including her removal as trustee and attorney-in-fact. She attempted to discredit Mr. Rosenblatt's claims by implying that decisions to remove her were influenced by others or made when he lacked capacity.Bankruptcy and Jurisdictional Challenges:Kaplan attempted to halt or delay proceedings through filings in bankruptcy court, asserting that the case should be stayed to resolve these filings. She also sought to move the case to federal court by reasserting her May 12, 2020, petition in an attempt to establish jurisdiction in the United States District Court.Accounting Justifications:Kaplan submitted accountings to justify her use of funds, including claiming certain amounts as legitimate "donations" or "loans" from the trust to herself or VFTA. She argued that discrepancies in the accounting did not amount to breaches of fiduciary duty but were misunderstandings or administrative issues.No Bad Faith:Kaplan argued that any mistakes in managing the trust or handling funds were not made in bad faith, a key element required for certain enhanced damages under Probate Code § 859 and other claims.No Knowledge of Theft:Both Kaplan and VFTA denied that they knowingly received stolen property, contesting liability under Penal Code § 496(c), which requires scienter.KEY CHALLENGES TO MR. ROSENBLATT'S CASEProcedural Tactics:Kaplan used procedural challenges to delay the proceedings, including jurisdictional arguments, bankruptcy filings, and objections to proposed Statements of Decision. She contested various evidentiary findings and rulings, filing objections to the proposed and revised Statements of Decision. Defense of VFTA's Role:Kaplan claimed that any benefits received by VFTA were legitimate donations or payments made in accordance with Mr. Rosenblatt's wishes. She argued that VFTA was not responsible for any alleged mismanagement of trust assets, separating her personal actions from the organization.RESULT:The judgment awarded Mr. Rosenblatt:COMPENSATORY DAMAGES: $2,709,779.27STATUTORY DOUBLE DAMAGES: $5,419,558.54TREBLE DAMAGES UNDER PENAL CODE SECTION 496(C): $8,129,337.81TOTAL DAMAGES: $16,258,257 BEFORE ATTORNEY FEES AND COSTS.Ms. Kaplan and VFTA were HELD JOINTLY AND SEVERALLY LIABLE for specific portions.Additional Plaintiff's EffortsRepresentation in Proceedings:James D. Daily appeared in every proceeding, ensuring robust advocacy for Mr. Rosenblatt throughout the case.Bankruptcy Counsel Coordination:Daily also arranged for bankruptcy counsel to defend the non-dischargeability of claims based on theft, fraud, and abuse, securing protections against Kaplan’s attempts to avoid liability through bankruptcy filings.FILING DATE: MAY 12, 2020, 2024
- LOS ANGELES, March 10, 2023 -- Arnold Rosenblatt, a 97-year-old World War II veteran and original muscle beach body builder, won his claims against Malia Kaplan, Founder and Executive Director of Voice For the Animals Foundation (VFTA), in a financial elder abuse case. The case was heard in Los Angeles Superior Court department 11 before Judge John Rosenblum. Kaplan was acting as Rosenblatt’s power of attorney and trustee, and the overwhelming evidence proved that she committed financial elder abuse, breach of fiduciary duty, breach of trust, and numerous other severe breaches of her fiduciary duties. The court has requested plaintiffs counsel, James D. Daily, to submit a statement of decision for the several causes of action for all done by have behalf of Mr. Rosenblatt. Kaplan sold significant Trust assets and used $746,147.78 of Trust property to purchase a piece of real property in her individual name, diverted $471,823.21 from the Trust to VFTA, withheld monthly rent in the amount of $4,200, which she paid to herself on behalf of VFTA for VFTA’s occupancy of Trust property since 2014, and represented the Trust property as her own to obtain multiple loans, among other things. Probity, honesty, integrity, soundness of moral principles, transparency, and uprightness in business and fiduciary relations must be the hallmark of those who take on the duty to act as power of attorney for an elder and trustee of an elder’s estate. The Probate Court is the last bastion of defense against unscrupulous persons who do not have the interest of the elder at heart, but instead attempt to use their position for personal gain at the expense of the vulnerable. Mr. Rosenblatt is entitled to recover at least $2,832,704.48 in easily calculated and self-admitted compensatory damages, in addition to mandatory statutory multipliers arising from his claims of elder abuse and Cal. Penal Code 496(c), in addition to punitive damages, and in addition to emotional damages. “This case could not be more clear-cut,” said Daily. “Ms. Kaplan took advantage of a trusting elderly man and committed countless severe breaches of her fiduciary duties that she owed to Mr. Rosenblatt as his trustee and power of attorney. Her actions are reprehensible, and her liability is undeniable.” Rosenblatt had stated they should lock her up, and justice has now been served in this case. The court’s decision will send a strong message that financial elder abuse will not be tolerated and that justice will be served., 2023
- Representing an estate, Mr. Daily recovered $1,200,000 from a national trustee company after it questioned if any further payment was due to the estate, or if, as the national trustee company questioned, the cash should be paid to its other clients -the estranged siblings of the decedent. Previously, in 2018, the decedent counsel brought Mr. Daily in to assist them in their ongoing litigation against the national trust company and the two siblings. Daily fought summary judgments but in the end, it took just one deposition. In a masterful bit of what is termed a "soft-cross" (cross-examination), Mr. Daily was able to utilize the techniques of psycho-drama he learned at the Jerry Spence Trial Lawyers College to hold a mirror up to the defendant. During the examination, the defendant holding back tears took a break, upon the resumption of the deposition a settlement was reached for over 6 million dollars. , 2022
Pro bono/Community Service:
- The Lincoln Club
- Reserve Deputy Sheriff - Anyone alive that day knows where they were on September 11, 2001. But more interesting is what did you do about it. Attorney James Daily answered the call by attending, completing, and leading as a reserve deputy in the Orange County Sheriff’s Department. November 16, 2021 marked twenty years of volunteer service to the County of Orange and the Citizens of Orange County. For 14 years Mr. Daily was a sergeant on the Harbor Patrol where he was honored as Deputy of the Year, in one-year logging in 663 hours of service. Daily charges over $600 per hour as an attorney, the County of Orange however received his services for free. As a Harbor Patrol deputy Daily was also trained in advanced life saving, and marine firefighting being thus both a deputy sheriff and volunteer fireman. His commitment to serving should be a beacon to others. He views the practice of law as any first responder - seen running into the burning house to find those to save.
- Board of Directors - New Majority Orange County. New Majority promotes a fiscally responsible philosophy in government and an inclusive mainstream approach towards politics. Through education and contributions, it seeks to inform its membership and contribute resources to philosophically aligned candidates and issues that share its mission., 2022
- The Better Business Bureau
- Coalition of Wisconsin Aging Groups
Honors/Awards:
- Best Attorneys in the County – Orange Coast Magazine Issue, 2000
- Attorney of the Year, Consumer Business Review, 1998
- Personal Injury Attorney of the Year – Consumer Business Review, 1997
- Member, Million Dollar Advocates Forum, 2001
- Super Lawyer, Politics And Law Magazine, Los Angeles Magazine, 2006 – 2011
- Best Attorneys in the County – Orange Coast Magazine Issue, 1998
- Personal Injury Attorney of the Year – Consumer Business Review, 2000
Educational Background:
- University of Wisconsin, Whitewater, WisconsinB.S. – 1987, 1987
- ATLA Ultimate Trial Advocacy College, Harvard Law School, Boston, MA, 2001
Scholarly Lectures/Writings:
- 6 Important Steps To Protect Your Personal And Business Assets, https://www.forbes.com/sites/forbesleadershipcollective/2019/02/26/6-important-steps-to-protect-your-personal-and-business-assets/#1c6a1955676b
- Gavel Article496cDGL, https://www.dailylawgroup.com/GavelArticle496cDGL.pdf
- Reinventing yourself? Self-made millionaire Barbara Corcoran and 5 other founders on how to get people to see you differently, http://snip.ly/4b5r05#https://www.cnbc.com/2019/03/05/millionaire-barbara-corcoran-and-5-founders-on-how-to-start-a-new-career-or-chapter-of-life.html
Other Outstanding Achievements:
- Representing an estate, Mr. Daily recovered $1,200,000 from a national trustee company after it questioned if any further payment was due to the estate, or if, as the national trustee company questioned, the cash should be paid to its other clients -the estranged siblings of the decedent. Previously, in 2018, the decedent counsel brought Mr. Daily in to assist them in their ongoing litigation against the national trust company and the two siblings. Daily fought summary judgments but in the end, it took just one deposition. In a masterful bit of what is termed a "soft-cross" (cross-examination), Mr. Daily was able to utilize the techniques of psycho-drama he learned at the Jerry Spence Trial Lawyers College to hold a mirror up to the defendant. During the examination, the defendant holding back tears took a break, upon the resumption of the deposition a settlement was reached for over 6 million dollars. , 2022
- Fifty-Seven Million Dollar ($57,000,000.00) Settlement after Arbitration Award in Fiduciary Abuse Litigation among blended family members, in complex multi-jurisdictional trust, estate, partnership dispute between parties related by blood or marriage. , 2021
Industry Groups:
- Family Offices
- Founders
- including traumatic injuries.
- Media; Television
- Technology Platforms; Real Estate Development; Emerging Markets and Board Members and Mass Torts
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