California Man Sues Former Fiancee For $53K Engagement Ring
Fresno Man accuses ex-fiancee of fraud and deceit and seeks return of ring.
Sept. 7, 2011 -- California business owner James Mekalian is suing his former fiancee, Nichole Grazioli, for the return of a $53,000 diamond engagement ring and a 2006 Hummer, according to court documents.
In court documents filed August 19 at California Superior Court for the County of Fresno, Mekalian, the owner of a truck and tractor company, alleges he presented his former fiancee with a "valuable engagement ring and vehicle" after the two agreed to marry. The civil suit accuses his ex-fiancee of deceit and fraud for keeping them after they split.
Grazioli declined to comment on the lawsuit and complaint. "I'm seeking legal advice right now and I can't say anything at this point in time," she told ABCNews.com.
According to court documents, in April 2011, Grazioli broke off the couple's engagement. When Mekalian requested the return of the ring and 2006 Hummer, court documents state, Grazilio refused.
According to insurance documents attached to the court filing, the ring is 14-karat and includes a 4-carat diamond and 90 "round brilliant cut diamonds" that was appraised by Warner Co. Jewelers for $52,550. An old title for the 2006 Hummer list's Javette Transportation, the company owned by Mekalian, as the owner of the vehicle in April 2009. In court documents, the value of the sport utility vehicle is listed as $25,000.
Since asking for the return of the items, according to court documents, Mekalian alleges he sent two written requests that were denied by Grazioli.
Mekalian's attorney, Zepure "Zeppy" Attashian, said he was not authorized to make a statement to ABCNews.com.
According to the Fresno Bee, Attashian said, her client "wants to get on with his life, but how can he? He's suffering because he doesn't know if she really loved him or just loved the possessions he bought for her."
It's this question that is the heart of the lawsuit filed by Mekalian. In the 16-page suit obtained by the Fresno Bee and posted on its website, Mekalian alleges fraud and deceit by citing a promise to marry using misrepresentation.
The lawsuit claims Grazioli misled her fiance by engaging in "alternate relationships," among other things. In the court filings, Mekalian alleges "the supression of facts" pertaining to infidelity and the "intent to break off the engagement were likely to mislead" and "did mislead" Mekalian.
The complaint also alleges Grazioli made nearly $1,000 in credit charges to her former beau's account and refuses to reimburse him. The lawsuit calls Grazioli's actions "extreme and outrageous" and the cause of "emotional distress" suffered by Mekalian.
One attorney told ABCNews the lawsuit is a heartbalm case. "It's a waste of money and she could sue him for malicious prosecution" if there was no reasonable cause for the suit, says Michael Kelly, a 42-year divorce attorney not connected to the case.
But, another California attorney says Mekalian has a decent shot at recovering a portion of the items. "Based upon what I understand California Civil Code section 1590 to state, and the facts of what I know about the case, I would think the plaintiff would have a good cause of action for recovery of at least the ring," says attorney Michael Margosian. "I don't know about the car, which may have been a gift."
Both agree it's up to the court to decide.