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Lawsuit Over the Comedy Store Could Result in an Ugly Probate Fight

Posted on | December 31, 2009 |

The Comedy Store, with one location in La Jolla in San Diego, has become the subject of a lawsuit alleging undue influence over the store’s owner. The local SoCal favorite has launched the careers of comedians like Robin Williams, David Letterman, Jim Carrey and countless others. It is owned by Mitzi Shore, the mother of comedian Pauly Shore. Pauly was recently fired from the Board of Directors after his brother allegedly exercised undue influence over Mitzi, who is now 79 and suffering from Parkinson’s.

Undue influence is defined in California Civil Code § 1575:

  1. In the use, by one in whom a confidence is reposed by another,
    or who holds a real or apparent authority over him, of such
    confidence or authority for the purpose of obtaining an unfair
    advantage over him;
  2. In taking an unfair advantage of another’s weakness of mind;
    or,
  3. In taking a grossly oppressive and unfair advantage of another’s necessities or distress.

To illustrate how undue influence works under the statute, Pauly is therefore claiming one or all of the following:

  1. that his brother either obtained an unfair advantage over his mother due to their relationship; or
  2. that his mother’s physical state has weakened her mind, allowing his brother to exploit her; or
  3. his mother’s physical ailment is distressful and his brother is exploiting it.

That said, I cannot quite comprehend why he filed a lawsuit. The obvious alternative was to move for a conservatorship (Click Here to Learn More About California Conservatorships) over his mother so that conservator could make business and financial decisions on behalf of his mother, thus obviating the undue influence of his brother. While I do not generally recommend them, conservatorships are designed exactly for this type of situation and the conservator could simply reappoint Pauly to the board, thus relieving the need for an ugly court fight.

In addition, probate courts are designed to work with difficult family dynamics and are best suited to deal with the issues here rather than a general civil superior court. I would not be surprised if this case were removed to a probate court by the assigned civil judge. If not, their mother’s estate may end up in probate court anyway should she pass before the issues are resolved.

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Category: California Probate Practice, Conservatorships
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