the face of the N df agreement demonstratesthat agreement demonstrates thatno considerationexistedfromthe no consideration outset to supportthe existed from theoutsetto theagreement. agreement. tJ As such, w Assuch, hetherfor lack ofconsideration forlack ordue of considerationor dueto fraud,duress, tofraud, duress,or illegality,the orillegality, agreementisis theagreement void. void. whether
2. 2. PLAINTIFFS PLAINTIFFSwere given little choicebut weregivenlittlechoice tosignthe butto sign theagreement outof agreementout ofconcern thattheirmother concern that their mother facedimminent faced imminent deathif not allowed death if not to leaveSilverado allowed to eniorLiving. leave Silverado SSenior Unfortunately,the worst Living. Unfortunately, theworst happenedand PLAINTIFFS'fearsbore happenedandPLAlNTIFFS' fears bore true whenRUBYPETERSON DIED onJanuary11, true when RUBY PETERSON DIEDon January 11, 2014. 2014. A ttorneyR Attorney Jones threatenedtthat ussJonesthreatened Russ hatiftheydid if they didnot signthe agreement, theirmother not sign theagreement, would mother would likely likely beassigned privateguardian a private guardian and never be assigned a eaveSILVERADO andnever lleave SENIOR LIVING.RUSS SILVERADO SENIOR LIVING. RUSS wouldbeassessedhisfeesanddenied threatenedthatPLAINTIFFS JONES further threatened that PLAINTIFFS would be assessed his fees and deniedrecovery recovery of of
their their o wn,iinnaddition own, addition to possibly facingsanctions, iftheyrefused tosigntheRulell Agreement. to possibly facing sanctions, if they refused to sign the Rule 11 Agreement. SeeA ofMackPeterson. See Affidavit of Mack Peterson. 3. MACKPETERSON testifies byAffidavit totheforegoing factsandhisfear(thatboretrue)that 3. MACK PETERSON testifies by Affidavit to the foregoing facts and his fear (that bore true) that his MOTHER, faced PETERSON, RUBY ifleft imminent death SENIOR atSILVERADO his MOTHER, RUBY PETERSON, faced imminent death if left at SILVERADO SENIOR LIVING He furthertestifiedthat the reasonhe ("SILVERADO"). signedthe purported LIVING ("SILVERADO"). He further testified that thereason he signed the purported agreement agreementwas due to the emotional andfinancialduressof the threats.See Affidavit. was due to the emotional and financial duress of the threats. See Affidavit. PLAINTIFFS had alreadyproducedattorneyfee bills to this Court,reflecting personal PLAINTIFFS had already produced attorney fee bills to this Court, reflecting personal expendituresexceeding$200,000.If the PARTIESproceededto jury trial,the attorneyfees expenditures exceeding $200,000. If the PARTIES proceeded to jury trial, the attorney fees
Silverado Appx. 0600 No. 1-15-567-CV 2079 would substantially increase - - - including would the ad litems'fees. increase - includingtheadlitems' fees.M ACK MACK PETERSONfurther PETERSON furthertestified testified
thathe was unhappy withthefactthatCAROL that he was ANNMANLEY with the fact that CAROL ANN MANLEYA AND DAVID PETERSON NDDAVID PETERSON
were using PLAINTIFFS' inheritance and/or were usingPLAlNTIFFS' rustfunds and/orttrust fundsto topay their lawyerswwhat paytheirlawyers hatisbelieved is believedto to
be be well date and DON LESLIE PETERSON to dateandDONLESLIE over $200,000 to well over ("DON PETERSON")testified PETERSON ("DONPETERSON") testified
about DAVID PETERSON'Sppersistent about DAVIDPETERSON'S ersistenttheft and/or self-dealingwith theftand/orself - dealing withregard to RUBY regardto RUBY
PETERSON'S estate and/or PETERSON'S estate and/or the the P ETERSON PETERSON FAMILYTRUST FAMILYTRUSTII.
4. PLAINTIFFS 4. PLAINTIFFSwwere essentiallygiven ere essentially givenan offer they could hardly refuse whenRUSSJONES anoffertheycouldhardlyrefusewhen RUSS JONES
threatened costs, sanctions threatened costs, sanctions andguardianship of theirM and guardianshipoftheir OTHER, MOTHER, RUBYPETERSON. RUBY PETERSON.Inaddition In addition
to DEFENDANTS' to DEFENDANTS' fraudulent representationsof fraudulentrepresentations ofintent intentto tomove RUBYPETERSON moveRUBY outof PETERSONout of
SILVERADO, which SILVERADO, was to whichwas occur imminently to occur imminentlybut neverdid,it butnever wasthisemotional did, itwas this emotionaland and financial
that left PLAINTIFFSfeeling