On Feb. 12, 2016, plaintiff Barney Williams, 78, began the process of updating his trust and estate plan. Williams had contacted American Family Legal Services, and the company’s principal, Victor Pantaleoni, visited Williams in response. Pantaleoni reviewed Williams’ existing trust documents, collected a $360 check for a “trust update” and left with the documents. One week later, Pantaleoni returned. Williams claimed that he was directed to sign blank documents and that he believed that the blank documents were necessary to update his trust. Williams further claimed that he was also directed to sign a blank check. Williams claimed that, when he received his next bank account statement, he discovered that Pantaleoni had filled the check out in the amount of $100,000 and made it payable to National Western Life Insurance Co., for the purchase of an annuity. Williams returned the annuity during the 30-day “free look” period to get a full refund of his $100,000. In response, National Western Life Insurance notified Pantaleoni that he had five days to save the transaction, otherwise Pantaleoni would forfeit his commission, in the amount of $9,500. Williams ultimately recovered the annuity payment, less a surrender penalty in the amount of $14,949.41. Williams sued Pantaleoni and National Western Life Insurance. Williams alleged that Pantaleoni’s actions constituted a breach of fiduciary duty and that the actions of both Pantaleoni and National Western Life constituted elder financial abuse and negligence. Pantaleoni appeared pro se. Williams claimed that Pantaleoni tricked him into signing a blank paper and “estate-planning” documents that were instead an annuity application. He claimed that Pantaleoni used the signed blank paper to forge a letter to the insurance company on his behalf, stating that he had changed his mind and wanted to keep the annuity. Williams claimed that he did not realize he had been tricked into signing a second annuity application, so he waited for his $100,000 to be refunded. Plaintiff’s counsel claimed that Pantaleoni provided Williams with a business card identifying himself as a “paralegal” for American Family Legal Services and that the card made no mention of the word “insurance.” Counsel argued that Williams resultantly did not know that Pantaleoni was an insurance agent. Counsel also argued that Pantaleoni tricked Williams, who had fourth-grade education, by showing Williams where to sign the documents, and by not giving Williams copies or a meaningful opportunity to review the documents. Plaintiff’s counsel contended that Pantaleoni indicated that the blank documents Williams was signing were necessary to update Williams’ trust and that Pantaleoni neither mentioned to Williams that he would be using the check to purchase an annuity nor told Williams that any of the documents he had signed were application documents to purchase an annuity. Plaintiff’s counsel also claimed that National Western Life appointed Pantaleoni to sell its products and that it knew that Pantaleoni was operating on a restricted license. Counsel contended that National Western Life knew, or should have known, that Pantaleoni was in his third bankruptcy, operating without errors and omissions insurance, and using a “trust mill” to sell National Western Life’s products, as the insurance commissioner had already sued National Western Life in 2006 for selling annuities through trust mills. Plaintiff’s counsel further contended that National Western Life’s prior settlement with the insurance commissioner required the insurance company to thoroughly investigate every complaint arising from a California annuity transaction, but that National Western Life never investigated Williams’ complaint, which would have revealed Pantaleoni’s conduct. Counsel contended that, instead, National Western Life charged Williams a $14,949.41 surrender penalty, allowed Pantaleoni to retain his $9,500 commission and kept Pantaleoni as an agent. National Western Life’s counsel argued that Pantaleoni was Williams’ agent and that National Western Life was not aware of Pantaleoni’s unlawful conduct. Counsel also argued that National Western Life did not take Williams’ property or act negligently within the meaning of the law., Williams claimed that he suffered economic damages of approximately $19,000, consisting of the $14,949.41 surrender charge that National Western Life imposed, plus the $3,360 that he paid Pantaleoni to update his living trust, which Pantaleoni never did complete. Williams also sought recovery of damages for his emotional distress. In addition, Williams sought recovery of punitive damages based on the conduct of Pantaleoni and National Western Life.