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FREDERICK GRESOV 768 College Ave Haverford, PA 19041
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v J N THE CIRCUIT COURT
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BALTIMORE CITY
CATHERINE RANDALL 307 Overhill Road Baltimore, Maryland 21210
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CASE No.:
Plaintiff
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Defendant
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COMPLAINT Plaintiff, Frederick Gresov (“Plaintiff’), by and through his undersigned attorneys, David B. Applefeld, Geoffrey W. Washington, and Adelberg, Rudow, Dorf, & Hendler, LLC, files this Complaint against Defendant, Catherine Randall (“Defendant”), and as grounds, states the following: PARTIES 1.
Plaintiff is a resident of Pennsylvania, and is the Defendant’s son.
2.
Defendant is a resident of Maryland, and resides at 307 Overhill Road in
Baltimore City, Maryland. JURISDICTION AND VENUE 3.
Pursuant to Maryland Code Ann ., Courts & Jud. P roc. A rt . 6-102,
jurisdiction is proper as Defendant is a Maryland resident. 4.
Pursuant to M d , Code Ann ., Courts & Jud. Proc. A rt., §6-201, venue is proper
as Defendant resides in Baltimore City.
FACTS COMMON TO ALL COUNTS 5.
Plaintiff was born on April 14, 1988.
6.
Before and after Plaintiffs birth, Defendant and her then-husband and Plaintiffs
father, Winston Gresov, resided in Pennsylvania with Plaintiff. 7.
In or around 1992, Defendant and Winston Gresov established an account in
Plaintiffs name with their own funds at the Philadelphia office of what was then-known as Alex Brown & Sons, now known as Deutche Bank/Alex Brown (the “Account”). 8.
The express purpose of the Account was to provide funds to be used solely for the
benefit of Plaintiff s college education. 9.
Defendant was named as the custodian of the Account for Plaintiff.
10.
As the custodian of the Account, Defendant owed fiduciary duties to Plaintiff,
including to utilize the Account for the purpose for which it was established and to account to Plaintiff for all transactions involving the Account, including all disbursements and withdrawals, among others. 11.
Despite Defendant’s status as custodian of the Account, the Account and all funds
therein were and remain solely the Plaintiffs property. 12.
Subsequent to the date the Account was initially established, Plaintiffs
grandparents made substantial financial gifts to Plaintiff, which additional funds were deposited into the Account. 13.
After gifts from Plaintiffs grandparents, the Account had a balance of over One
Hundred Thousand Dollars. 14.
In or around 1997, Defendant and Plaintiffs father, Winston Gresov, were
divorced, and Defendant relocated to Maryland with Plaintiff, who was then a minor.
15.
At that time, Defendant closed the Account with the Pennsylvania branch of Alex
Brown & Sons, and re-established the Account at the Maryland office of Alex Brown & Sons. 16.
After the Account was re-established, Defendant was named as custodian for the
Account and at all times since has remained in that capacity. 17.
As the custodian of the re-established Account, Defendant continued to owe
fiduciary duties to Plaintiff, including to utilize the Account for the purpose for which it was established and to account to Plaintiff for all transactions involving the Account, including all disbursements and withdrawals, among others. 18.
In or around January 2004, Plaintiff left Defendant's custody and moved back to
Pennsylvania to live with his father, Winston Gresov, who cared for the minor Plaintiff on a daily basis and paid for Plaintiffs daily living expenses. 19.
Nonetheless, Defendant continued to receive Sixty Thousand Dollars per year in
child support from Plaintiffs father, as she retained custody of Plaintiffs two other minor siblings. 20.
On April 14, 2009, Plaintiff turned twenty-one (21) years old, and, pursuant to
M d . Code Ann ., E states & T rusts Art. ยง13-320(1), Defendant was obligated to transfer the Account and all of the funds therein to Plaintiff as of his twenty-first (21st) birthday. 21.
Subsequent to April 14, 2009 Plaintiff has made verbal and written demands upon
Defendant to transfer the Account, and all funds therein to him, and to provide him with an accounting. 22.
Despite reasonable and repeated demand, Defendant has refused to transfer the
Account and all funds therein to Plaintiff.
23.
Despite reasonable and repeated demand, Defendant has refused to provide
Plaintiff with an accounting of the Account and her handling of same. 24.
Rather, Defendant has stated, without further explanation, that there are no funds
remaining in the Account and that all of the funds in the Account were used to pay the cost of Plaintiff s high school education despite the fact that he was only in her care while attending high school for approximately one and one-half years, the applicable period during which Defendant was responsible for paying for Plaintiffs expenses. 25.
Plaintiff has questioned Defendant's explanation because Plaintiff did not live
with Defendant during this time period, and because Plaintiffs father, Winston Gresov, paid for the cost of Plaintiff s high school education without invading the corpus of the Account. COUNT I (Conversion) 26.
Plaintiff adopts and incorporates by reference Paragraphs 1 through 25 of this
Complaint. 27.
All of the funds in the Account are, and were at all times relevant hereto,
Plaintiffs property, 28.
Defendant does not have nor has Defendant ever had an ownership interest in the
Account or any of the funds deposited into the Account. 29.
The Account and all funds deposited into the Account are clearly identifiable as
custodial property, owned by Plaintiff. 30.
Plaintiff has made demand upon Defendant for the Account and all funds
deposited into the account and Defendant has refused.
31.
By refusing to surrender the Account to Plaintiff and transfer all funds deposited
therein to Plaintiff, Defendant has converted the Account and all funds deposited therein to her own use. 32.
In doing so, Defendant acted with actual malice and with the intent to injure and
damage Plaintiff and, in fact, did injure and damage Plaintiff. 33.
As a direct and proximate result of Defendant’s intentional and wrongful actions
and abuse of her fiduciary responsibilities, Plaintiff has been damaged. WHEREFORE, Plaintiff, Frederick Gresov, demands judgment against Catherine Randall in the amount of Three Hundred Thousand Dollars ($300,000.00) in compensatory damages, One Million Dollars ($ 1,000,000) in punitive damages, plus all accrued interest until paid in full, and all costs of collection, including but not limited to reasonable attorneys’ fees, and such other and further relief as the Court may deem appropriate. COUNT Ii (Negligence - Breach of Fiduciary Duty) 34.
Plaintiff hereby incorporates by reference paragraphs 1 through 33 of this
Complaint as if fully stated herein. 35.
As the Custodian of the Account, at all relevant times, Defendant owed, and
currently owes, Plaintiff a fiduciary duty to utilize the Account for the purpose for which it was established, to account to Plaintiff for her transactions with the Account, including all disbursements and withdrawals, to transfer the Account and all funds deposited therein to Plaintiff upon Plaintiff reaching the age of twenty-one (21), and otherwise, all of which Defendant has failed to do. 36.
Defendant has breached and continues to breach her fiduciary obligations to
Plaintiff by: a) utilizing the Account and all funds deposited therein for improper purposes and
for purposes which are contrary to those for which the Account was established; b) utilizing the Account and all funds deposited therein for Defendant’s own personal purposes; c) converting the Account and all funds deposited therein; d) failing to transfer the Account and all funds deposited therein it to Plaintiff on his twenty first (21st) birthday; d) failing to transfer the Account and all funds deposited therein it to Plaintiff on each day following his twenty first (21st) birthday including and until the present; e) failing to provide Plaintiff with an accounting of the Account and all funds deposited therein on his twenty first (21st) birthday; f) failing to provide Plaintiff with an accounting of the Account and all funds deposited therein on each day following his twenty first (21st) birthday including and until the present; g) acting in a willful and intentional manner to cover up and hide her wrongful conduct from Plaintiff; h) making material misrepresentations to Plaintiff concerning the Account and all funds deposited therein; i) and otherwise. 37.
As a direct and proximate result of Defendant’s wrongful actions and her breach
of her fiduciary duty to Plaintiff, Plaintiff has been damaged. 38.
Plaintiff neither caused nor contributed to the happening of his losses and
damages. WHEREFORE, Plaintiff, Frederick Gresov, demands judgment against Catherine Randall in the amount of Three Hundred Thousand Dollars ($300,000.00) in compensatory damages, plus all accrued interest until paid in full, and all costs of collection, including but not limited to reasonable attorneys’ fees, and such other and further relief as the Court may deem appropriate.
COUNT III (Accounting) 39.
Plaintiff hereby incorporates by reference paragraphs 1 through 38 of this
Complaint as if fully stated herein. 40.
At all times relevant hereto, Defendant, as custodian of the Account for Plaintiff,
owed, and currently owes a fiduciary duty to Plaintiff: a)
to maintain records of all transactions involving the Account and all funds
deposited therein, and to make them available to Plaintiff, as required by statute, for inspection; b)
to keep the Account and all funds deposited therein separate from all other
property such that it is clearly identifiable as custodial property; c)
to only use the Account and all funds deposited therein for Plaintiffs
interests, not Defendant’s own personal interests which are inconsistent with the purpose of the establishment of the Account, that being for Plaintiffs college education; d)
to transfer the funds in the Account and all funds deposited therein to
Plaintiff, upon his twenty-first (21st) birthday; and e) 41.
otherwise.
Plaintiff has demanded that Defendant provide an accounting and produce the
records of all transactions involving the Account and all funds deposited therein, which Defendant has been and currently is required by statute to maintain and produce to Plaintiff for inspection and Defendant has refused. 42. possession.
All of the records necessary for an accounting are in Defendant’s control and
WHEREFORE, Plaintiff, Frederick Gresov, requests this Honorable Court to Order Defendant to provide a full and complete accounting of the Account, including but not limited to, all deposits, profits, losses, income, expenditures, disbursements, fund transfers and/or withdrawals, taxes, and all other documents relating to the Account during the life of the Account, and for such other and further relief as this cause may require. COUNT IV (Declaratory Relief) 43.
Plaintiff hereby incorporates by reference paragraphs 1 through 42 of this
Complaint as if fully stated herein. 44.
There is uncertainty with respect to the rights of Plaintiff and the obligations of
Defendant with respect to the Account and all funds deposited therein. 45.
There is now an actual controversy between Plaintiff and Defendant concerning
the rights of Plaintiff and the obligations of Defendant with respect to the Account and all funds deposited therein. 46.
Pursuant to Sections 3-403 through 3-406 of the Courts & Judicial Proceedings
Article of the Maryland Annotated Code, this Court may declare the rights, status, and other legal relations of Plaintiff and Defendant with respect to the Account and all funds deposited therein. WHEREFORE, Plaintiff, Frederick Gresov, seeks a declaration of the rights of Plaintiff and the obligations of Defendant with respect to the Account and all funds deposited therein, and: A.
That this Court determine and declare the rights of Plaintiff with respect to the
Account and all funds deposited therein; B.
That this Court determine and declare the obligations of Defendant in her position
as custodian with respect to the Account and all funds deposited therein;
C.
That this Court determine and declare that Defendant owed and currently owes
Plaintiff a fiduciary duty with respect to the Account and all funds deposited therein; D.
That this Court determine and declare that Defendant breached her fiduciary duty
as custodian of the Account to Plaintiff; E.
That this Court determine and declare that Defendant converted the Account and
funds deposited therein for her own personal use and benefit; F.
That this Court determine and declare that Defendant had and currently has a
legal duty to provide Plaintiff an accounting of the Account and all funds deposited therein, including but not limited to, all deposits, profits, losses, income, expenditures, disbursements, fund transfers and/or withdrawals, taxes, and all other documents relating to the Account during the life of the Account; G.
That this Court determine and declare that the acts and omissions of Defendant
have damaged Plaintiff and the amount and extent thereof; H.
That this Court determine and declare that Defendant has acted and continues to
act in an intentional and willful manner, and with actual malice, toward Plaintiff; I.
That this Court award Plaintiff attorneys’ fees and the costs of this action; and
J.
That this Court grant such other and further relief as may be necessary.
Adelberg, Rudow, Dorf & Hendler, LLC 7 St. Paul Street, Suite 600 Baltimore, Maryland 21202-1612 (410) 986-0830 (voice) (410) 986-0831 (facsimile) Attorneys for Plaintiff
DEMAND FOR JURY TRIAL Plaintiff, Frederick Gresov, by and through his undersigned attorneys, David B. Applefeld, Geoffrey W. Washington, and Adelberg, Rudow, Dorf, & Hendler, LLC, requests that any and all claims filed in the captioned matter whichare triable by a Jury, be tried by a Jury.
DAVID b Ta PPLEPELD— V' GEOFFREY W^WASHINGTON Adelberg, Rudow, Dorf & Hendler, LLC 7 St. Paul Street, Suite 600 Baltimore, Maryland 21202-1612 (410) 986-0830 (voice) (410) 986-0831 (facsimile) Attorneys for Plaintiff