Probate Court Enters $22.9 Million Judgment in Rosenblatt Trust Litigation

Trust / Probate / Fiduciary Duty

In re: Amendment & Complete Restatement of the Arnold Rosenblatt Revocable Trust Established February 23, 2006 (Los Angeles County Super. Ct. No. 20STPB03748): On November 25, 2024, the Los Angeles County Superior Court issued a bench judgment in favor of petitioners in a high-stakes trust contest, entering an award of $22,911,759 after finding misconduct in the amendment and restatement of the Arnold Rosenblatt Trust.

Petitioners Melya Kaplan and Melya Kaplan Tsakirides challenged the validity of a later amendment and complete restatement executed by respondents Tom O’Mara, Duane Bartsch, and others, alleging breach of fiduciary duty, elder abuse, fraud, and misappropriation in connection with the revised trust documents.

They contended that the amendment and restatement materially altered the distribution terms of the Trust to favor certain successor trustees and beneficiaries, and that those changes were effected through undue influence or self-dealing. The petitioners sought disgorgement of unjust gains, replacement or surcharge of fiduciaries, and compensatory damages.

Respondents denied wrongdoing and argued that the amendment was valid, that requisite capacity and consent existed, and that the challenged changes were within the grantor’s intentions and authority. They disputed the measurement of damages and alleged that petitioners’ theories were speculative or unsupported.

After a full bench trial, the court found in favor of petitioners, concluded that the amendment/restatement was invalid as to certain changes, and awarded a monetary judgment in the amount of $22,911,759. The award encompasses surcharge relief against fiduciaries, restitution of improperly diverted assets, and related remedies.

Petitioners were represented by James Daily (Daily Law Group). Respondents were represented by counsel for O’Mara, Bartsch, and associated parties.