vw‘,..•••• 90o1616(--16t(Z • ' Electronically Filed 10/02/2013 11:09:05 AM ET Case No.: 09.062943 (191 Amended Complaint 202. Kerstetter owed the Banyon Investors a duty of care because she knew or had reason to know that the Banvon Investors were placing trust and confidence in her and relying on her to inform them. 203. Kerstetter breached her duty to the Banyon iove-a~-Investors by Eking false representations with the intention that the Banvon Investors rely on them. 204. The Banvon Investors iustifiablv relied upon Kerstetter's representations to their detriment. 205. As a direct and proximate result of Kerstetter's false statements. the Banvon Investors have sustained damages WHEREFORE. LINDA VON ALLMEN, as Trustee of the VON ALLMEN DYNASTY TRUST:; D&L PARTNERS, LP:; DAVID VON ALLMEN. as Trustee ot the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMAN, as Trustee of the ANN VON ALLMEN LIVING TRUST: and KERSTETTER for compensatCv MAR request judgment against JENNIFER es. together with court costs and such further relief as the Court deems proper. ? UNT N412 - NEGLIGENT MISREPRESENTATION jagainst Roseanne Caretikvi tiffs incorporate the allegations contained in paragraphs_ I through -147121 as if res 207. This is a claim for negligent misrepresentation. 208. As described more fully above. Rothstein was operating a Ponzi scheme through his firm. RRA, and through TD Bank Page 53 of 289 EFTA02773572