Longtime patron breaks with theater group after donation fight

Published 8:24 am Tuesday, January 20, 2015

LONG BEACH — A judge has ordered Robert Lindberg, one of the founding members of a local community theater group, to return a collection of donated items to an elderly patron, who alleges that Lindberg tried to keep the items for himself.

The judgment follows a dispute that has ended the long relationship between the Peninsula Players and Long Beach resident Jeannine Miller, 90, who until recently was one of the group’s devoted supporters.

In a Jan. 13 small-claims court hearing at South District Court, Miller testified that for more than a year, Lindberg, who is listed on the Players’ website as “director-at-large,” refused to account for collectible items that Miller donated for sale in a charity auction.

Lindberg, who did not respond to email and phone requests for an interview, espouses a significantly different version of events. According to court records, Lindberg testified that the disputed items were gifts, not donations, and that Miller later became angry or confused, and demanded to have them back.

Judge pro-tem Heidi Heywood sided with Miller, saying she had proved her claim “by a preponderance of evidence.” She ordered Lindberg to return the donations by the end of February, or pay a $3,800 judgment.

Even though Lindberg recently left her a phone message saying the group wishes to cut all ties with her, Miller is still listed on the Players’ website as one of the group’s sponsors. And she still slips into speaking about the Players in the first-person.

“I love the Peninsula Players. I really think we are about bringing joy to the people in Long beach — having plays,” Miller said, during a Jan. 16 interview at her home.

She estimates that during the last 12 years, she has given about $10,000 to the group by making cash donations at shows and writing checks for utility bills, pre-show cocktail hours, costumes and other expenses.

Until about a year ago, Miller says she and Lindberg were “very good friends.”

Because she is legally blind, Miller doesn’t drive. About once a month, Lindberg would take her on an outings. Lindberg and other PP members also occasionally helped Miller run errands or get to appointments. She and Lindberg were so close in fact, that she asked him to take care of her cat after her death.

“He was very generous with his time,” Miller said.

Then, in fall 2013, Miller says Lindberg mentioned that he was planning to hold an auction to raise money for the theater group. She offered to donate some items.

She contributed five boxes of collectibles, including antique German beer steins, a set of classic books, and a samovar and nesting dolls from Russia.

According to Miller, Lindberg agreed to price the items and provide her with a receipt for tax purposes. But she said she never got the receipt and the auction never happened. Miller says that whenever she asked about the auction, Lindberg tried to change the subject. Eventually, she asked other members of the group if they knew where the items were, or when the auction would take place. Miller says the members told her there was no auction and that they didn’t know anything about her donation. She subsequently asked Lindberg to return the donations. He did not grant her request, and the exchanges between Miller and members of the group became increasingly tense. In November, she filed a small claims suit for $3,800.

Raised in France and educated in Yeshivas (traditional Jewish schools), Miller has experienced a lot in her nine decades, so she’s not easily intimidated. In conversation, her sharp wit and fierce convictions are immediately apparent.

“They treated me like I was old. Like I was senile, didn’t know what I was doing, was giving all my stuff away,” Miller said, during the interview at her home. “I want to state my point that human beings don’t do that to each other. It’s not proper.”

At about 4’9”, Miller appears to be frail, but she still lives independently, gardens, exercises and dresses with characteristic flair for outings with her friends.

She is proud of her independence, so she bristles at the implication that she was careless with her belongings, or confused about what happened. Miller said she filed the claim because she wanted accountability, and because she wanted to stand up to what she perceived as condescending treatment, due to her advanced age.

“I just wanted a justification of why they were doing that,” Miller said. “I know the difference between a gift and a donation.”

There aren’t many public records that could shed light on the conflict.

According to the Players’ website, the group is seeking official tax status as a non-profit, and they are registered with the state as a non-profit group. But neither the state nor federal government require financial disclosure from groups that claim to earn under $50,000 a year.

The Players didn’t submit any written documents to the court, and a court recorder’s timeline does not provide any detail about the testimony from Lindberg’s five witnesses — Carlos Rangela, Debbie Rasmussen, Rita Smith, Janice Hoover and Joyce Jones, most of whom are listed on the Players website as active members.

Even if Lindberg’s claims are true and Miller became confused or fickle, it’s not clear why he would choose to keep the gifts at the expense of an established relationship with a generous sponsor, or why he would sustain a conflict with a woman that he believed to be suffering from age-related confusion, or why he chose to risk losing in a public court hearing, when the matter could have been resolved privately.

Lindberg didn’t want to answer those questions. He did not respond to two phone messages. Attempts to reach him through the website and other members of the group were unsuccessful.

One witness did not respond to a message request for an interview. Another witness said that she testified that Miller habitually gave her belongings to other people. She declined to answer other questions, but did say that the allegations were “untrue” and “unfortunate.” She characterized the dispute as a misunderstanding, which she attributed to Miller’s advanced age.

“You have to consider that she’s a very old lady,” she said.

In a last-minute phone call from Ed Ahlers, the Peninsula Players president, he said he didn’t know much about the suit, and couldn’t speak for Lindberg.

“The Peninsula Players aren’t involved in any lawsuit,” Ahlers said.

Miller said the dispute has cost her valued friends, and the prospect of a judgment doesn’t bring much satisfaction. If Lindberg ends up paying, she says she’ll give the money to charity. She does hope that her experience will help other elders realize they should proceed with caution when making charitable contributions.

“I’m not mad anymore, I’m really sad. It’s not what Peninsula Players is all about. It’s something for the public to come and enjoy,” Miller said. “… I think people who give donations have to be very careful from now on.”

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