A recent court filing has thrown a spotlight on a contentious battle over a significant financial asset, as allegations of fraud and undue influence surface in the wake of a loved one's death. On June 12, 2024, Jessica Dabbs filed a complaint in the Superior Court of California, County of Ventura, against Danette Henthorn and her children, accusing them of manipulating a dying man to change his 401K beneficiary.
Jessica Dabbs claims that just days before Gary Henthorn's death on February 4, 2023, his ex-wife Danette Henthorn unduly influenced him to alter the beneficiary designation of his $400,000 401K plan. According to the complaint, Gary was gravely ill with cancer and suffering from alcoholism at the time. Dabbs alleges that while she was out of town, Danette took advantage of Gary's weakened state to have him change the beneficiary from Dabbs to their four children: Annika, Reagan, Carson, and Kennedy Henthorn.
Dabbs recounts that she had been in a long-term relationship with Gary and they were engaged to be married in 2023. She asserts that Gary had promised her the entirety of his 401K plan as part of their future together. The complaint describes how Danette executed her plan while Gary was "intoxicated, gravely ill," and unable to make sound decisions. "Defendant... exerted undue influence over Decedent in order to obtain the above-mentioned 401K in favor of the Henthorn Children," reads one section of the filing.
The lawsuit outlines three causes of action: fraud through undue influence, financial elder abuse under California Welfare and Institutions Code §§15610.30 and 15657, and declaratory relief. Dabbs argues that Danette's actions were not only unethical but also illegal under statutes designed to protect incapacitated individuals from financial exploitation. "Defendant acted recklessly and maliciously when she took the actions described above," states the complaint.
In terms of relief sought from the court, Dabbs is asking for a full accounting of all transactions related to Gary's 401K plan and restitution for any amounts found due to her. She is also seeking economic damages exceeding $400,000 along with attorney’s fees and punitive damages for what she describes as malicious actions by Danette Henthorn. Additionally, Dabbs requests non-economic damages and a judicial declaration confirming her entitlement to 100% of the proceeds from Gary’s 401K plan.
The case is being handled by Christopher A. Fortunati from the Law Offices of David A. Esquibias representing Jessica Dabbs. The case ID is listed as 2024CUNP025848.