Priscilla Presley won a round in court Thursday when a judge ruled that one of two of her former business associates she is suing for elder abuse will remain a defendant in her lawsuit alleging she was bilked out of more than $1 million.
Santa Monica Superior Court Judge Mark H. Epstein denied a motion by investor Kevin Fialko to quash the summons served on him. Fialko maintained he is a Tennessee resident, that there is an ongoing case against Presley in Florida and that he has no ties to California, therefore barring a California judge from having personal jurisdiction over him.
However, in a lengthy discussion, Epstein said he is satisfied Fialko has enough business ties, as well as potentially residential connections, to California. The judge also noted that Fialko told Presley when he met her that he lived in the Golden State.
Epstein further said that based on a private investigator’s sworn declaration, he is convinced Fialko was served with the summons in California, even though the investor maintains he was in Tennessee at the time.
“Not only is the level of detail strong, but unless the investigator is making everything up out of whole cloth, the showing is compelling that it was indeed Fialko (who) was served,” Epstein said.
In her suit brought July 18, the 79-year-old ex-wife of Elvis Presley alleges that Fialko and Florida-based memorabilia auctioneer Brigitte Kruse engaged in a scheme to separate her from her long-time advisers so as to defraud her out of more than $1 million.
The alleged plan of action included forming various entities under Florida law even though Presley lives in California.