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petitioner’s behalf, filed a lawsuit against various defendants,
including petitioner’s employer (the security company) and the
managers and owners of the housing complex. Many of the
defendants were insolvent or judgment proof. There was, however,
an applicable insurance policy issued by Home Insurance Companies
(Home Insurance).4
In July 1991, Ms. Michell, without petitioner’s knowledge or
consent, settled the case against the defendants for $250,000,
and a check was issued by Home Insurance to the “Trust Account of
Ganong & Michell, as Trustees For Wale O. Osijo” in the amount of
$250,000 on July 26, 1991. In 1993, petitioner was asked by Ms.
Michell to sign a settlement distribution statement reflecting
the following:
Funds received $250,000.00
Less legal fees 112,500.00
137,500.00
Costs advanced1 $4,807.10
To Be Paid
Department of Industrial Relations
Uninsured Employers Fund $10,000.00
Balance due client 122,692.90
Interest on account 8,844.15
Total 131,537.05
1 Details of the costs advanced are omitted.
4 As part of the litigation, petitioner signed a
“Plaintiff’s Response To Form Interrogatories (set. #1)”, which
included the following response: “Question 2.6(a) Self-employed
tax and management consultant, 4516 East Belmont Avenue, Fresno
California 93702.”
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Last modified: May 25, 2011