Andrews
Andrews v. Marcum CA4/3
Opinion
Opinion
FACTS
Andrews filed the underlying complaint alleging 12 causes of action, though only three survived for trial: financial abuse of a dependent adult, breach of fiduciary duty, and fraud. Marcum LLP filed a cross-complaint for breach of contract and common counts against Andrews and various entities that she controls. 1 Trial began on January 29, 2020, and finished on March 4, 2020, resulting in a 10-volume reporter’s transcript spanning over 2,000 pages. Appellants have provided us with a short, one-sided summary of the evidence at trial, and respondents have not bothered to summarize the trial evidence at all. Additionally, the trial incorporated dozens of documentary exhibits, none of which are in our record. In light of the state of the record, and the briefing on appeal, our focus is necessarily on the evidence submitted in connection with the posttrial motion. To briefly summarize the parties’ positions at trial, the accountants contended the evidence showed that the financial records of Andrews and the entities she controlled were complex and in disarray, resulting in large bills for accounting work that Andrews ultimately refused to pay. Andrews contended the evidence…