Burtscher

Factual and Procedural Background

Paul Burtscher and his wife, Magdalena, entered into a written agreement which, among other things, gave Magdalena “unrestricted use of [the] home located at 2190 [Alessandro] Trail, Vista, California, for a period of 5 years” effective January 8, 1992. Magdalena started living in the home in January 1992, and she and Paul were divorced in Austria six months later. Magdalena was still living in the home in June 1993 when she left temporarily to attend a court hearing on spousal support in Austria.

Duckor & Spradling Attorney Linda Hobbs (Hobbs) represented Paul on the interspousal transfer of the Vista home from Magdalena to Paul and negotiations to lease the home from Paul to Magdalena. Hobbs also represented PBi AG International, a corporation formed by Paul and new wife, Nadja.

Between October 1992 and May 1993 Hobbs called, sent letters and faxed documents to Magdalena at the Vista home. On June 11, 1993, Hobbs had the quitclaim deed recorded transferring the home from Paul to the corporation owned by Paul and his new wife Nadja.

On June 21, 1993, Magdalena left for the support hearing in Austria. On June 29, while Magdalena was…