People v. Smith CA6

I. BACKGROUND

Defendant was charged with two counts of grand theft (§ 487, subd. (a); counts 1 and 2) and two counts of embezzlement (§ 503; counts 3 and 4). It was alleged that the offenses constituted “a pattern of related felony conduct,” as defined in section 186.11, involving a taking of more than $100,000 but not more than $500,000.

A. PROSECUTION CASE

Jerry Dong met defendant on a dating website in 2012, and they went on several dates that year. In August 2012, Dong suffered a brain injury in a bicycle accident. Defendant visited him while he was hospitalized. Defendant talked to Dong about making him part of her “family” and them “taking care of” one another. After Dong was released from the hospital, defendant moved in with him and his former housemate moved out. Dong paid defendant about $3,000 or $4,000 per month to act as his caretaker. Defendant introduced Dong to her daughter, Leyah Gibson, who defendant said was a bookkeeper. Dong hired Gibson to help him manage his finances and paid her about $1,000 or $2,000 per month. In 2013, defendant suggested to Dong that they purchase a business together. Defendant proposed purchasing a bar and grill in San Clemente and…