Mr. Elliot Peters of Keker & Van Nest who represented Howard Dickstein in a suit containing 14 causes of action such as Fraud, Constructive Fraud, Breach of Fiduciary Duty, Conversion ,Civil Conspiracy, and Negligence. (Photo:courtesy amlawdaily)
Toward the end of 2007, Plaintiffs Rumsey Band of Wintun Indians (now known as the Yocha Dehe Wintun Nation) -- represented by Sonnenschein Nath & Rosenthal and Cotchett, Pitre & McCarthy -- filed a suit in Yolo County Superior Court against Howard Dickstein and Jane Zerbi of Dickstein & Zerbi and Arlen Opper, a financial consultant, accusing them of unjustly enriching themselves with tribal money by defrauding the tribe of millions of dollars over more than a decade.
Howard Dickstein, the spouse of State Bar of California Board of Governors member Jeannine English. allegedly engaged in "a course of dealing that involved breaches of trust and violations of duties of the most basic, and, indeed, sacred kind."
The complaint, see copy HERE, Rumsey vs. Dickstein, alleged 14 causes of action, to wit:
(1) BREACH OF CONTRACT
(2) BREACH OF CONTRACT
(3) NEGLIGENCE
(4) BREACH OF FIDUCIARY DUTY
(5) AIDING AND ABETTING AND PARTICIPATING IN BREACHES OF FIDUCIARY DUTY
(6) FRAUD/CONCEALMENT
(7) CONSTRUCTIVE FRAUD
(8) NEGLIGENT MISREPRESENTATION
(9) CONVERSION
(10) VIOLATION OF BUSINESS & PROFESSIONS CODE SECTION 17200
(11) UNJUST ENRICHMENT
(12) DECLARATORY RELIEF
(13) NEGLIGENCE
(14) CIVIL CONSPIRACY
In statements to the media, Howard Dickstein referred to the allegations as a "pack of lies," while disparaging his client. Dickstein also stated that he plans to fight the suit and "fight hard."
Appearing on behalf of defendant Dickstein was Elliot Peters of Keker & Van Nest.
Defendants claimed that only a U.S. District Court has jurisdiction over the matter, and removed the case to federal court.
Plaintiff remanded back to state court. Defendants filed for a change of venue and moved the action from Yolo to the Superior Court in the county of Sacramento.
On its website, http://www.kvn.com/Lawyers/Peters-Elliot , Keker & Van Nest and Elliot Peters describe the above mentioned suit:
Paraphrasing the answer as a question.
1) Do you believe Keker & Van Nest and Elliot Peters, who represented Howard Dickstein in a suit which alleged 14 causes of action which was transferred to Sacramento Superior Court, refer, truthfully, to the case of Rumsey vs. Dickstein by stating "The plaintiffs alleged our client, the plaintiff's former attorneys, were negligent"?
