Oshiro v. All Nations Mission Church
Betty Oshiro transferred more than $600,000 to defendant All Nations Mission Church (ANMC). Defendant Peter Nam is the founder and pastor of ANMC. Oshiro claimed that she transferred the money in exchange for certain representations and promises by defendants, including a promise to care for her for the rest of her life. She lived for awhile in a mobile home on mountain property owned by ANMC. Eventually, the relationship between Oshiro and defendants deteriorated and defendants obtained a restraining order against Oshiro based upon threats made by her. Oshiro sued ANMC, Nam, and other affiliated individuals, alleging causes of action for fraud, breach of contract, rescission, elder neglect and abuse, and conversion. The case was tried by the court, which found for the defendants on all counts.
On appeal, Oshiro contends that the court erred by: (1) finding that the money and property that Oshiro transferred to defendants was a gift; (2) finding that there was not a fiduciary relationship between Nam and Oshiro; (3) failing to apply the correct legal standard in determining whether financial elder abuse existed; and (4) failing to consider certain expert testimony concerning Oshiros mental capacity. Court affirm.
Comments on Oshiro v. All Nations Mission Church