Score One for Kunty

 

 

Erika Jayne scored a major win in court this week in the $5 million fraud lawsuit two of her estranged husband Tom Girardi’s former colleagues – attorneys Philip R. Sheldon and Robert P. Finn – filed in late 2020. Los Angeles Judge Richard Fruin found no evidence that the Real Housewives of Beverly Hills star, 51, participated in “any wrongdoing,” Jayne’s attorney Evan C. Borges exclusively confirmed to Page Six. 

 

Sheldon and Finn had sued Jayne for “aiding and abetting” Girardi, 81, in his alleged crime(s). They claimed the reality star knew her estranged husband had been using their cut of settlement money to fund her lavish lifestyle. However, according to court documents exclusively obtained by Page Six, the judge ruled Monday that the plaintiffs failed to prove that the “RHOBH” star had any “actual knowledge” of Girardi’s alleged crimes.

 

Erika Jayne scored a big win this week over claims she aided and abetted estranged husband Tom Girardi’s alleged crimes.  The judge cited Jayne’s deposition, in which she told the court, “Listen, they did all the books at Girardi & Keese. They were in charge of all of the ledgers … I didn’t do the invoices.” The “Housewife” added, “I just thought it would all be taken care of. I didn’t really ask. Like, it’s not like I was raking in millions of bucks … I didn’t know what they were doing down there.”

 

The judge then cited a declaration from the plaintiffs themselves, in which they admitted that Jayne never actually participated in agreements between Girardi and his colleagues. Judge Fruin also said that the plaintiffs’ attempts to prove Jayne had “actual knowledge” that funds were misappropriated to EJ Global LLC were not based on any direct evidence, but rather “inferences” about “circumstantial evidence,” such as her income and expense schedule. “The evidence is irrelevant,” the judge ruled, per the documents, which also state that Jayne’s “lavish and extravagant hobby funded by the spouses’ community property is not evidence of the ‘actual knowledge’ any breach of fiduciary duty” between Girardi and the plaintiffs.

 

The judge said he also made his decision on the grounds that Sheldon and Finn did not prove that Jayne owed them any fiduciary duty, which is the obligation a party has to act in another party’s best interest. He also pointed out that Girardi was also not at fault for this – as attorneys “do not owe fiduciary duties to their co-counsel.”.  But the plaintiffs’ attorney, Ronald Richards, claims there is a discrepancy in the judge’s ruling and plan to show in their appeal that Girardi “had a fiduciary duty to third parties who were expecting money” from a trust account. However, Judge Fuin concluded in his ruling, “The Court finds that there is no triable issue of material fact as to Ms Girardi having ‘actual knowledge’ of plaintiffs claims of the existence of a fiduciary duty between plaintiffs and [Girardi and Girardi & Keese].” “The Court, therefore, grants summary judgement in favor of defendant Erika Girardi.”. 

 

Following the judge’s ruling on Wednesday, Jayne posted a screenshot of the article on Instagram and captioned it, “Thank you to my friends that have stood beside me. All I asked for was time and understanding.” The Bravolebrity has maintained her innocence both on and off the reality show for months. In May, Jayne accused Richards and his clients of trying to “extort” her with this lawsuit. Borges previously told us at the time, “The Sheldon plaintiffs and their Twitter attorneys have no case.” EJ Global and LLC and Lira have denied the claims against them.

 

However, EJ isn't out of the woods just yet, because other lawsuits still remain, and you can bet there will be more.  We probably never will know the entire truth to Kunty's alleged involvement in Tom's dealings, but as I've said before, I just don't see how the wife of an atty is liable for her husband's business dealings, especially with a lawfirm the size of Girardi/Keese.  It seems to me that one of the mailroom boys wotking at the firm would be more liable than a (third) wife.