Erika Gasaway, Of Counsel in the San Jose office of Hopkins & Carley, is a member of the Trust and Estate and Real Estate Practices.
She represents and advises professional fiduciaries, trustees, beneficiaries, high net worth individuals, families, and their businesses on a range of complex litigation matters including:
- Undue influence
- Fiduciary duties
- Elder abuse
- Quiet title
- Easements
- Partitions
- Prevailed in a trial on undue influence claims brought against beneficiaries who received millions of dollars worth of intervivos and testamentary gifts of real property and business assets from the decedents.
- First chaired a bench trial in which dispositive motions in limine were granted, resulting in a multi million dollar judgment for the Plaintiff.
- Successfully obtained a permanent restraining order and a full award of attorney’s fees after an evidentiary hearing that spanned several months on behalf of an ailing elderly client who was being targeted for elder abuse.
- Obtained a judgment after trial for millions of dollars in mesne profits generated by a commercial property after the trustee was found to have breached his fiduciary duty and unduly influenced the settlors of the trust, which also resulted in quieting title in favor of clients.
Publications
- Trusts and Estates Section of the California Lawyers Association Case Alert on White v. Davis
- Trusts and Estates Section of the California Lawyers Association Case Alert on Parker v. Schwarcz
- “Full Credit Bid Causes Loss of Insurance Proceeds,” Hopkins & Carley Creditor’s Rights Advisory, November 24, 2014
- “Governor’s Proposal to Shutter California’s Redevelopment Agencies Warrants Review of Existing Agreements,” Bingham.com, Co-author, February 9, 2011
Speaking Engagements
- “Honing Your Spidey Senses: Navigating the Web of Fiduciary Duties,” Society of Financial Service Professionals - Silicon Valley Chapter, August 11, 2022
- “Commercial Leasing: Trends in 2016,” Hopkins & Carley Real Estate Briefing Series, April, 2016
- California Lawyers Association, Trusts and Estate Section, Executive Committee volunteer
- Silicon Valley Bar Association, Member
- San Mateo County Bar Association, Member
- Society of Trust and Estate Practitioners, Contentious Trusts and Estates Special Interest Group, Member
- Rotary Club of San Jose, Member
- State Bar of California (2009)
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern District of California
- J.D. (Magna Cum Laude), Santa Clara University School of Law
- B.A., University of California, Davis
