Judge Dismisses Part of Suit Against Lindsay Girlfriend

A Los Angeles Superior Court judge on Wednesday dismissed fraud and conspiracy allegations in a lawsuit against Juanda Chauncie, but let stand a claim that she may have used undue influence to gain the late Los Angeles City Councilman Gilbert Lindsay’s money and property.

Judge F. Ray Bennett ruled after lawyers representing Lindsay’s stepson and estate rested their case and Chauncie’s attorney, Geraldine Green, argued that the other side had not fulfilled the legal requirements of the case.

Bennett also dismissed fraud, conspiracy and undue influence allegations in the suit against Chauncie’s mother, Alberta Hysaw, and sister, Ann Stevens. The suit contended that they and Chauncie manipulated Lindsay. The councilman died in December, 1990, at age 90.

“Gilbert Lindsay had a fundamental right to dispose of his property in whatever manner he wished,” Green said during a hearing on her motion for dismissal, in which she acknowledged that Chauncie, 40, did receive jewelry, fur coats, money and property.

But that did not mean, Green said, that Chauncie had coerced Lindsay. Witnesses called by attorneys for the Lindsay estate never specifically showed that Chauncie controlled Lindsay, Green contended. Instead, they showed that “Lindsay called the shots.” The judge made his ruling outside the jury’s presence and then informed them, “This court simplified this case considerably.”

Outside the courtroom, Green said: “This is a step in the right direction.” Chauncie, who has seemed impassive, cried, and her mother said, “Praise the Lord.”

Carl Douglas, attorney for Lindsay’s stepson, Herbert Howard, said the ruling did not hurt his case, and that they will continue efforts to force Chauncie to turn over Lindsay’s money, property and proceeds.

Chauncie testified that she withdrew $54,000 from one of Lindsay’s bank accounts during a five-day period and charged $5,300 worth of diamond jewelry on his credit card. She said she became engaged to Lindsay in late 1988, but a 46-year-old exterminator testified Monday that he was engaged to her in late 1989. Chauncie denied she was involved with anyone other than Lindsay.

Green said City Councilman Nate Holden is scheduled to appear today in Chauncie’s defense and provide “eye-opening revelations.” On learning that Holden is to appear, Douglas said he would call Mayor Tom Bradley “to rebut whatever Holden would say.”

During the trial, former Lindsay staffers and others, including City Council President John Ferraro, have portrayed Lindsay as a gregarious man who deteriorated after a stroke in 1988. Some said the councilman appeared to forget things, but also seemed in control and made his wishes clear.

“The plaintiff’s entire case rests upon the hope that it can sway the jury with emotion and prejudice against Chauncie,” because she was 50 years younger than Lindsay, Green said in court.

Later she added: “What’s relevant is did he know what he was doing when he was doing it? And he did.”