1. In or about January 2014, Plaintiff Thomas Everson and his wife Ellen Everson, engaged defendant Gillian Shenon to perform certain interior design services, including the purchase of certain pieces of furniture for the home in San Francisco.Tom Everson
2. In or about January 2014, Plaintiff Thomas Everson made payments to Shenon totaling $13,146.00. The parties had agreed verbally that this sum would cover in full Shenon’s design fee and all of the various items of furniture picked out by Shenon and Plaintiff’s wife, Ms.Ellen Everson.
3. For the next eight months, Ms. Everson, repeatedly requested information from Shenon as to when the items of furniture would be delivered. Shenon would state that the furniture would be delivered within four weeks, and then repeatedly deflected these questions and inquiries with excuses ranging from lack of time due to her travels, her personal and business financial problems, to health concerns relating to her family members and obligations to other clients, among other excuses.
4. Shenon implied through communications with Ms. Everson that she had used Ms. Everson’s funds to pay for her own personal expenses, such as car repair and moving expenses. She also told Ms. Everson that she had made a gift of money to her brother. Shenon further told Ms. Everson that she placed the orders, but could not complete them due to lack of funds, and could not complete the orders for Ms. Everson’s furniture until payments from other clients’ projects came in. This was despite Ms. Everson already having had paid Shenon.
5. Plaintiff and his wife have suffered tremendous stress and emotional harm from Shenon’s misappropriation of their funds compounded by Shenon continually failing to follow up with them regarding the orders and continual excuses, all the while refusing to return the funds.
6. Shenon acknowledges that she should return the funds to Plaintiff, but states she no longer has the funds to return. This in turn has forced Plaintiff to bring this action. On information and belief, plaintiff alleges that Shenon engaged him and his wife for the purpose of using their funds for personal use and on prior clients’ orders, and knew she would not be using plaintiff’s funds for plaintiff’s orders, or have any way to pay for plaintiff’s orders. The Eversons have repeatedly requested from Shenon the names of the vendors with whom she purportedly placed their orders, and requested documentation of those orders, but Shenon has refused to provide the same. The Eversons contracted the lamp vendor in July 2014 and was told that there was no record of such order.