Ambroselli v. Anapolsky

Plaintiff Ambroselli brought an action for declaratory relief, breach of contract and enforcement of an oral trust against Anapolsky, administrator of Richard Powers’s estate.  Porter Scott’s Carl Calnero and Thomas Riordan represented Anapolsky.  The plaintiff alleged that Powers as a prosecutorial informant had wrongfully set him up to mitigate Powers’s drunk driving charges, resulting in Ambroselli serving a prison term.  Allegedly, Powers subsequently felt guilty and promised to establish a trust for the Plaintiff in order to conceal their arrangement.  In a motion for summary judgment, the Defense successfully pointed out that there was neither evidence of lawful consideration supporting an unsavory, if not illegal, contract to establish a trust, nor evidence regarding a transfer of trust property prior to Powers’s sudden and unexpected death.  The Court of Appeal’s opinion did not resolve all contended issues, but noted that even if the material facts could be disputed, the purported oral agreement violated public policy.  Since its aim was to continue to cover up Powers’s subterfuge on the criminal justice system, the agreement could never be judicially enforced.  The judgment was thus affirmed.  Ambroselli v. Anapolsky (Cal. Ct. App., Sept. 26, 2017, No. C080751) 2017 WL 4249936, as modified on denial of reh’g (Oct. 24, 2017); not certified for publication.