Santa Ana, CA (PRWEB) April 04, 2013
Earlier today, Orange County Superior Court Judge David McEachen issued a broad Temporary Restraining Order against accused murderer Stanley Elkus in a lawsuit brought by the wife and children of Dr. Ron Gilbert. The Court Order prohibits Defendant Elkus from transferring real property that he owns in Orange County.
In a crime that made worldwide headlines, Dr. Gilbert, 52, was murdered in his Newport Beach medical office on January 28, 2013. According to court records, defendant Elkus was found in the examination room holding a gun next to Dr. Gilbert’s body moments after the shooting. Elkus was immediately arrested by Newport Beach police for Dr. Gilbert’s murder.
Dr. Gilbert’s wife of 23 years, Elizabeth Gilbert, and his two children, have filed two lawsuits against Defendant Stanley Elkus in the last week. The Gilbert family filed a wrongful death action on March 28, 2013 (Orange County Superior Court Case No. 30-2013-00640069) and a fraudulent conveyance action on April 2, 2013 (Orange County Superior Court Case No. 30-2013-00640481).
As set forth in the Ex Parte Application for Temporary Restraining Order, on February 8, 2013, 11 days after the murder of Dr. Gilbert, Defendant Elkus transferred seven of the eight properties that he owned in Orange and Riverside Counties to apparent relatives. The Ex Parte Application contends that this was an obvious attempt to defraud the Gilbert family and shield himself from civil liability for the murder.
Today’s Temporary Restraining Order prevents Elkus from transferring or selling the remaining Orange County property that he owns. In addition, the Gilbert family recorded lis pendens on all eight properties on April 2, which will prevent further alleged fraudulent transfer or sale of the properties. The Court has set a further preliminary injunction hearing for April 19, 2013, at which time the judge will consider whether the Temporary Restraining Order shall be converted to a permanent order.
Dr. Gilbert’s wife and children have retained Edward Susolik of Callahan & Blaine as their counsel. Callahan & Blaine is the law firm that obtained a $934 Million jury verdict (Beckman Coulter Inc. v. Flextronics Int'l Ltd., Orange County Super. Ct. No. 01CC08395), the largest in Orange County history, as well as a $50 Million settlement that has been certified as the largest personal injury settlement in United States history (Neria v. City of Dana Point, Orange County, CA Superior Court, Case No. 06CC10395).
“This is one of the most tragic cases I have handled in my 23 years of practice,” said Susolik. “Dr. Gilbert was a highly respected doctor, a wonderful husband and father, and a generous and kind man who was loved by all. He was murdered in cold blood in the very place where he had devoted his entire life to healing people, his medical office.”
According to court documents, the plaintiffs allege that 11 days after Defendant Elkus murdered Dr. Gilbert, Elkus attempted to transfer a number of properties that he owns in Orange and Riverside Counties to co-conspirators.
“Pursuant to the two lawsuits we have filed and the Court Order issued today, we have now successfully frozen the real property assets of the defendant,” said Susolik. “Our next step will be to aggressively go after the defendant and all of his co-conspirators and return all of the alleged fraudulently transferred assets to Mrs. Gilbert and her family as damages for the wrongful death.”
Susolik added, “We are aggressively going after Defendant Elkus and assets and properties. We obviously believe he will be found liable for the wrongful death of Dr. Gilbert. We further believe that he has engaged in an alleged fraudulent conveyance of his properties in transactions with his co-conspirators.”
Susolik further stated, “We believe we will prevail both in the wrongful death action and alleged fraudulent conveyance action, and recover every penny of properties and assets that the defendant has allegedly fraudulently transferred since the day of the murder. We will leave no stone unturned and take every action possible in order to ensure that Mrs. Gilbert and her two children obtain every penny of possible compensation from the defendant.”
About Callahan & Blaine
Callahan & Blaine is California’s Premier Litigation Firm and one of the leading complex personal injury and business litigation firms in the state of California. Callahan & Blaine previously represented two women in a record breaking $50 million settlement against the City of Dana Point for injuries suffered while jogging down Pacific Coast Highway. That settlement is the highest personal injury settlement ever in United States history. (Neria v. City of Dana Point, Orange County, CA Superior Court, Case No. 06CC10395).
Callahan & Blaine also obtained the highest jury verdict in Orange County history, $934 million, representing Beckman Coulter of Fullerton, California in a business dispute with Flextronics, a large multi-billion dollar corporation in Northern California (Beckman Coulter Inc. v. Flextronics Int'l Ltd., Orange County Super. Ct. No. 01CC08395).