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SOUTHERN CALIFORNIA RECORD

Thursday, November 21, 2024

Family Member Sues Relatives Over Withheld Settlement Funds

State Court

A heated family dispute over millions of dollars has escalated into a legal battle, with one member alleging the wrongful withholding of funds. Albert Duerr filed a complaint in the Superior Court of Los Angeles County on February 2022 against several family members, including Ann Regan and Jennifer Haney, among others.

Albert Duerr claims that his relatives have wrongfully withheld money he is owed from a settlement involving Duerr Properties, LLC (Duerr LLC). According to court documents, Albert had invested approximately $8.5 million of the company's money into what turned out to be a fraudulent Ponzi scheme known as the ANI Program. When the scheme was exposed in October 2019, Albert and Duerr LLC joined other plaintiffs in suing Chicago Title Company (CTC) for its role in facilitating the program. The lawsuit resulted in a settlement where Duerr LLC received over $4.5 million and Albert personally received around $376,000.

The crux of the dispute lies in an email sent by Albert on March 10, 2021, where he stated he would "not receive any of the proceeds that will be coming from our lawsuit against Chicago Title." This email has been interpreted by his family members as a waiver of his right to any part of the settlement funds. However, Albert contends that this statement was made under duress and based on misleading advice from Brian Regan, another family member who acted as their main point of contact with their attorneys but allegedly misrepresented himself as Albert's attorney.

Albert argues that he only agreed to relinquish his share of the settlement funds if all beneficiaries signed releases absolving him from liability related to previous investments. He asserts that since these releases were never executed, his relatives have no legal grounds to withhold his portion of the settlement money. He further alleges that Jennifer Haney and other defendants have engaged in "unlawful self-help" by retaining his funds without proper authorization.

In response, Jennifer Haney and other defendants argue that Albert's email constitutes a clear waiver of his rights to the settlement proceeds. They maintain that monetary damages after a trial would provide adequate relief for Albert if he prevails on his conversion claim. The trial court sided with this argument and denied Albert's motion for a preliminary injunction seeking immediate disbursement of $1,288,856—the amount he claims is being wrongfully withheld.

Albert's legal team includes Michael L. Kirby and Heather W. Schallhorn from Kirby & Kirby law firm. Representing Jennifer Haney are Damian D. Capozzola and Timothy R. Laquer from The Law Offices of Damian D. Capozzola. The case is being presided over by Judge Jessica A. Uzcategui under Case ID B331303.

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