Hollister
– A local woman filed a lawsuit against former state assemblyman
Peter Frusetta, alleging he and several other family members
defrauded her through the sale of shared artwork.
Hollister – A local woman filed a lawsuit against former state assemblyman Peter Frusetta, alleging he and several other family members defrauded her through the sale of shared artwork.
Fern Frusetta Fancher, 88, had the suit filed in San Benito County Superior Court on Feb. 1 by her daughter and acting guardian Katie Fancher. Fancher’s attorney, Bill Marder, said it is easy to take advantage of Fern Fancher because she has Alzheimer’s disease. Fancher seeks the return of the artwork or unspecified damages.
Marder said the suit stems from the sale of nine Ed Borein works of art. The suit alleges that the pieces were sold at less than market value, without his client’s consent, thus defrauding her. The art in question was shared by Fancher and her siblings, Shirley Frusetta Tully, Leslie Frusetta Goss and Peter Frusetta, Marder said.
“The siblings all inherited it and all held it together,” Marder said.
Calls to Peter Frusetta were not returned before press time on Wednesday. The Free Lance was unable to contact Leslie Frusetta Goss. Regan Tully and Shirley Frusetta Tully both declined to comment on the suit Wednesday.
The complaint alleges that Tully, Goss and Frusetta, a former California state assemblyman, sold nine pieces of Ed Borein art to Tully’s son, Regan Tully, acting as an agent for a company called Zin Zan, Inc., for $12,000. Fancher was given $3,000 as her share. Marder said he consulted a former museum curator and believes the artwork is worth significantly more than $12,000.
The complaint stated that the art consists of a watercolor painting of a western scene and eight pen-and-ink sketches.
Jane Glover, coordinator of the American Art study at the Fine Arts Museum of San Francisco, said Borein was born in San Leandro, lived in Oakland, Mexico, New York and Santa Barbara, worked on ranches as a teenager, and was self-taught. She said much of his art depicted California ranch life, including cowboys and American Indians.
Marder said he and his client believe the nine pieces of art are worth more than the $12,000 they were allegedly sold for.
Original Edward Borein ink-and-pen artwork is listed on eBay this week with prices ranging from $195 to $14,500 per piece.
However, Marder said the bill of sale did not specifically identify the art. He said requests to return the art or to sell the art back to Fern Frusetta Fancher for $12,000 have been denied.
“Our expert won’t be able to tell us what exactly it is worth until she sees the art work,” Marder said.
The suit has no court date.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335 or [email protected].
