Trustee alleges Don Burgess Construction failed to repay loan

By Jenie Mallari-Torres | Jun 28, 2018

FRESNO – A Fresno County woman alleges her late father loaned money to a construction company that was never repaid.

FRESNO – A Fresno County woman alleges her late father loaned money to a construction company that was never repaid.

Lori L. Bailey, individually and as the trustee of the Samuel L. Stewart Revocable Trust, filed a complaint on May 25 in the Fresno County Superior Court against Donald Lynn Burgess, Don Burgess Construction Corp. and Does 1-20 alleging breach of contract and other counts.

According to the complaint, the plaintiff alleges her late father, Stewart, was a former employee of Don Burgess Construction and that he and Burgess were friends. The plaintiff alleges her father loaned more than $500,000 to Burgess.

The plaintiff holds Burgess, Don Burgess Construction Corp. and Does 1-20 responsible because the defendants allegedly failed and refused to repay the loan and failed to disburse Stewart's pension plan.

The plaintiff seeks judgment against the defendants for damages in the amount of $589,261.38 and $39,998 plus interest, $78,000 or according to proof plus interest and penalties, costs of suit, attorney's fees and further relief as the court may deem just. She is represented by Nicholas L. Lucich and Donald R. Forbes of Helon & Manfredo LLP in Fresno.

Fresno County Superior Court case number 18-CECG-1904

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