A judge in a tentative ruling denied an $18 million claim that the president of Chabad of California Inc. maintained was verbally promised him by a philanthropist before the man’s death.
Los Angeles Superior Court Judge Mary Ann Murphy stated in a 69-page proposed statement of decision issued Tuesday that she found insufficient evidence after a non-jury trial that Roland Arnall made the pledge to Rabbi Boruch Shlomo Cunin for the construction of a Chabad educational center before dying in March 2008 at the age of 68. Cunin maintained the pledge later became the obligation of Arnall’s widow, Dawn Arnall.
“It is not for the court to decide whether Mr. Arnall actually promised $18 million to Chabad,” Murphy wrote. “It is for the court to determine, based on the testimony of the witnesses and the exhibits admitted in evidence, whether Chabad proved by a preponderance of evidence that Mr. Anrall promised Chabad $18 million.”
Chabad attorney Marshall Grossman told Murphy that Chabad spent more than $800,000 in planning costs for the project in reliance upon Roland Arnall’s pledge.
He also said the organization’s leaders would have sold the Pico Boulevard property on which the center was to be built if they knew the money was not forthcoming. The real estate market since went sour, the attorney said.
According to Dawn Arnall, her husband never mentioned making such a pledge among the many they made as a couple to both Jewish and non-Jewish organizations.
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3 Responses
Does this Chabad Rabbi really expect the judge to be so naive?
Was the Rabbi so naive himself?
An oral pledge isn’t worth the paper it’s written on. It seems hard to believe that anyone would spend $800,000 based on an oral pledge.
Another biggy chillul Hashem. Bais Din would have thrown out the case as well. What chutzpa!
No witnesses?
If there are no witnesses, what do you think you are doing.
I think in halacha, even if someone does pledge you money, if they die before they can fulfill their pledge, that jsut means they didnt get to. That money goes then to the sons of that man, and it is theirs!