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Over the next few months, petitioner and Lewellen met
several times at petitioner's office and at the bank to discuss
Edgar's actions. In January 1999, petitioner told police that he
believed Edgar had embezzled funds from his law practice.
Detective Perry Francis (Detective Francis) of the Santa Ana
Police visited petitioner’s office early in February 1999.
On February 4, 1999, petitioner sued Edgar in the Superior
Court of Orange County, California, alleging embezzlement,
conversion, fraud, breach of fiduciary duty, and unjust
enrichment.
Edgar was taken away from petitioner’s office by the Santa
Ana Police on February 5, 1999, a few days after Detective
Francis visited petitioner’s office. She did not remove any
files from the office at that time, and she never returned to the
office. Petitioner fired Edgar shortly after February 5.
Sometime after February 5, 1999, petitioner retrieved copies
of two altered bank statements from Edgar’s computer, and he
faxed them to the police. Detective Francis did not seize
Edgar’s computer or make a copy of the computer’s hard drive.
On October 27, 1999, petitioner sued Lewellen in the
Superior Court of Orange County, California, for negligence and
breach of contract. Petitioner claimed that Lewellen had failed
to detect Edgar's embezzlement.
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