Ball

Dan T. Posey, a California attorney, appeals from judgments against him for conversion, breach of fiduciary duty and fraudulent disposition of a client’s property. He contends that: (1) the jury was improperly instructed on the presumption of undue influence; and (2) the plaintiff failed to sustain her burden of proof as to damages. Neither claim is meritorious, and consequently we affirm the judgments.

I. Facts

Respondent, Donna Ball, is the administratrix with the will annexed of the estate of Jeannette Watkins Ball (hereafter Mrs. Ball).

Mrs. Ball was an elderly woman in poor health. She suffered from a number of ailments for which she had been hospitalized at least 11 times in the last five years of her life. She took pain medication several times daily, occasionally combining it with alcohol.

In 1975 and again in 1978, Arthur and Jeannette Ball had Posey prepare their reciprocal wills. Shortly after Arthur died in 1979, Mrs. Ball hired Posey to settle Arthur’s estate. That estate consisted solely of community property, principally cash and securities, all held in joint tenancy with Mrs. Ball. Posey performed a number of routine tasks to terminate the joint…