Aoki v. Aoki

While I generally agree with the majority’s articulation of the law of constructive fraud, I disagree with its application of that law to the circumstances here. In determining whether Keiko Aoki’s claim of constructive fraud was properly supported, the majority frames the issue, in part, as whether Darwin Dornbush and Norman Shaw (the attorneys) “were parties to the releases or stood to directly benefit from their execution” (majority op at 41). Regarding that same element, however, Keiko raised another possibility— that the attorneys acted as agents of two of Rocky Aoki’s children, Kevin…