Gazal

FACTS

Plaintiff, 80 years old and retired, had been a member of St. Gerard Majella Church for over 15 years. Defendant Carlos (also known as Charlie) Echeverry was a deacon at the church. (We refer to him as the deacon.) At a Sunday mass on December

2 19, 2021, the deacon delivered a homily on the theme of love. During the homily, he described a family in need with four children who had fled from an abusive husband and father. They had no home and were living in a motel. The deacon read a letter to Santa written by the eldest child, a 12-year-old boy, saying the family had lost everything and asking for gifts for his little brothers. After the homily, a line of parishioners including plaintiff stood waiting to speak to the deacon about helping the family. The deacon told them that immediate funds were needed to purchase a home for the family. According to the deacon, plaintiff “asked to speak with me at more length,” and they “sat together in a pew in full view of dozens of other people in the immediate proximity.” Plaintiff told the deacon “that he would donate a large sum for a house for this destitute family.” Within a few days, the deacon introduced plaintiff to his wife,…