The Blame Circle & The Powers Party’s Strongest Causes Of Action

The Powers v. Puka case continues revealing many possibilities on how to go about securing justice for Denise, Joseph, and Lucinda.

• Lawyers rejoice as problems escalate — because they get paid for us to have disputes.
• Lawyers fear the word RELEASE & WAIVER — because they don’t get paid.

See also: Marjorie Has The Power To ‘STOP’ Our Lawsuit With Just Five Words

• Marjorie Puka audio https://www.youtube.com/watch?v=1-eYwTbXlng
• Janette Golay audio https://www.youtube.com/watch?v=1evxw_KK-1U

If Janette Isn’t The One At Fault, Then Who Else Should We Attribute Their Sudden Disappearance From Our Lives To?

Janette blames Marjorie, then Marjorie blames Denise, then Denise blames Janette.

Charmelle is pretty much completely silent anytime actual legal discussions pop up, so who knows who she actually blames.

Joseph is reserving his opinion on who is actually at fault until the appeal court makes it’s final judgement.

The Powers Party’s Strongest Causes Of Action (We Only Need One)

1. Rescission (See Notice Below)

The formal notice to rescind the petition will be sent via certified mail affixed with wet ink signatures.

1. Legal commitment.
2. Fraud, mistake, misrepresentation, or other inequity.
3. Plaintiff notified defendant that rescission.
4. Plaintiff restores any benefit received, if possible.
5. Plaintiff has no remedy at law (i.e., money damages alone cannot restore plaintiff to his condition before the fact?). Ideally Joseph would like to have his old house back before selling it with reliance on grandma Marjorie Puka’s original promise. Since that is not possible, the next best case is to rescind the petition that disinherits Denise and Joseph that Marjorie coerced Denise and Joseph into signing exerting undue influence on Denise and Joseph after a recent family death.

Susceptibility to Undue Influence. “… who has suffered the trauma of recent death in the family.” See Gmeiner v. Yacte, 592 P. 2d 57 – Idaho: Supreme Court 1979

Janette Exerts Undue Influence On Marjorie THEN Marjorie Exerts Undue Influence On Joseph

Quote from the Idaho Supreme Court illustrating how undue influence is evidenced.

“It follows from the very nature of the thing that evidence to show undue influence must be largely, in effect, circumstantial.

It is an intangible thing, which only in the rarest instances is susceptible of what may be termed direct or positive proof.

The difficulty is also enhanced by the fact, universally recognized, that he who seeks to use undue influence does so in privacy.

He seldom uses brute force or open threats to terrorize his intended victim, and if he does he is careful that no witnesses are about to take note of and testify to the fact.“

Matter of Estate of Smith, 432 P. 3d 6 – Idaho: Supreme Court 2018

See also: Give Janette Money Or Marjorie Will Keep Hurting Andrea — Did Joseph Have A Choice?

2. Breach Of Contract

1. Existence of an enforceable contract.
2. Defendant’s act or failure to act that breaches the contracted duty.
3. Damages to the plaintiff directly resulting from the breach.

3. Tortious Interference With A Valid Contract (With Malice For Punitive Damages)

1. Existence of a binding contract favorable to plaintiff. (Link to contract and amendment).
2. Defendant’s knowledge of the contract.
3. Defendant’s intentional and unjustified acts causing the contract to be breached. (Either the grantor Marjorie and/or Janette and/or Charmelle intentionally interfered with Joseph’s contract until it was breached by exerting undue influence on Joseph after a recent family death).
4. Damage to plaintiff as a direct result.

4. Breach Of Fiduciary Duty

1. Existence of trust based on plaintiff’s reasonable faith.
2. Breach of the duty or abuse of trust.
3. Damages to plaintiff directly caused by the breach or abuse.

See also: Did Marjorie Puka Breach Her Fiduciary Duty To Joseph?

5. Breach Of Implied Covenant Of Good Faith And Fair Dealing

1. The parties enter into an otherwise enforceable contract.
2. Plaintiff performs his part of the bargain.
3. Defendant’s performance is not consistent with plaintiff’s reasonable expectations.
4. Plaintiff suffered money damages as a direct result.

6. Constructive Fraud

It’s more challenging to claim actual fraud due to Joseph believing the original intent of Marjorie was not to defraud him. Yet changing you mind later, is a potential act of constructive fraud.

1. Defendant made a false statement (verbal or in writing).
2. Defendant knew the statement was false when made.
3. Defendant intended plaintiff to rely (or showed reckless disregard).
4. Plaintiff reasonably relied.
5. Plaintiff suffered damages as a direct result.

See also: Did David Taylor & Brooke Redmond Intentionally Assist Marjorie, Janette, & Charmelle In Fraud, Dishonesty, Deceit, Or Misrepresentation Against Joseph, Lucinda, & Denise?

Plaintiff Notified Defendant Of Rescission

Joseph R. Powers
Powers269@gmail.com

Denise R. Powers
d19p66@gmail.com

December 7, 2023

RE: Notice of Intention to Rescind the Petition to Approve the Settlement Agreement of Interested Parties Pursuant to the Idaho Trust and Estate Dispute Resolution Act

I am writing to inform you of my intention to formally rescind the Petition to Approve the Settlement Agreement of Interested Parties pursuant to the Idaho Trust and Estate Dispute Resolution Act, originally filed on December 20, 2022.

This decision arises from significant concerns regarding the circumstances under which the original agreement and subsequent petition were made. These concerns include elements of duress, coercion, fraud, mistake, misrepresentation, undue influence, and other inequities that have come to light, necessitating a reassessment of the agreement and its legitimacy.

Specifically, on April 1, 2022, Joseph and Lucinda (“J&L”) signed a contract to occupy the 612 Property for the remainder of Marjorie’s life, with the understanding that the property would be transferred first to Denise and subsequently to J&L. However, on May 3, 2022, an amendment was made to the trust, including a No Contest Provision that threatened forfeiture of any party’s share for opposing the amendment. This provision created an environment of fear and coercion, impacting the free will of the parties involved.

On November 28, 2022, Marjorie explicitly conditioned her visit to Joseph’s dying sister (her granddaughter) on Joseph’s agreement to purchase the 612 Property. This demand placed Joseph and Lucinda under extreme duress, leading to a verbal agreement to purchase the property under highly emotional and pressured circumstances. The subsequent passing of Joseph’s sister on December 7, 2022, further compounded this distress, making Joseph susceptible to undue influence, as outlined in the case Gmeiner v. Yacte, where the trauma of recent death in a family significantly impacts decision-making capabilities.

On December 11, 2022, amidst these emotionally charged and inequitable circumstances, Joseph was led to sign a petition to dissolve and terminate the Marge Irrevocable Trust under a misrepresented agreement.

Given these revelations and the impact of these undue pressures, it is clear that the original agreement and petition do not reflect a fair or just outcome for all parties involved. Therefore, I intend to file the necessary documentation with THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF TWIN FALLS to formally rescind this petition.

I recognize the seriousness of this action and assure you that this decision is made in the interest of justice and equity. Should you have any concerns or require further information, please feel free to contact me.

Thank you for your understanding and attention to this matter.

Sincerely,

I, Joseph Ray Powers, certify that on the 7th day of December 2023, a true and correct copy of the above was Certified U.S. mailed to Signature

I, Denise R. Powers, certify that on the 7th day of December 2023, a true and correct copy of the above was Certified U.S. mailed to Signature

---

Brooke Baldwin Redmond
Wright Brothers Law Office, PLLC
1440 Blue Lakes Blvd N., Suite A
P.O. Box 5678
Twin Falls, Idaho 83303-5678
(208) 733-3107
(208) 733-1669 (fax)
www.wrightbrotherslaw.com
Bredmond@WrightBrothersLaw.com 

Charmelle Yvonne Puka
charmellepuka@hotmail.com 

Diana Janette Golay
jkgolay4@gmail.com 

Marjorie Ann Puka
anna612belle@yahoo.com