Erika Jayne Girardi $25 Million Civil trial Fraud Lawsuit, What’s Happening in 2026 and What’s at Stake

Real Housewives of Beverly Hills star Erika Jayne (real name Erika Girardi) faces a federal civil trial over allegations that she received more than $25 million in stolen client funds from her ex-husband Tom Girardi’s disgraced law firm. The trial is now set for May 19, 2026 — after multiple delays — in the U.S. Bankruptcy Court for the Central District of California. A second lawsuit from fashion designer Christopher Psaila is also pending. No verdict has been issued in either case.

Quick Facts: The Erika Jayne Lawsuit

Field	Detail
Case Name	Miller v. Girardi (Erika), et al.
Court	U.S. Bankruptcy Court, Central District of California
Plaintiff	Elissa D. Miller, Bankruptcy Trustee
Defendant	Erika Girardi (Erika Jayne) and EJ Global LLC
Amount Claimed	$25,592,261.26
Claim Type	Fraudulent conveyance (civil lawsuit — not a criminal case)
Trial Date	May 19, 2026
Final Pretrial Conference	April 29, 2026
Case Status	Active — headed to trial, no verdict yet
Second Lawsuit	Christopher Psaila / Marco Marco — $18 million (also pending trial)

Current Status: What Is Happening Right Now

• The jury trial was continued from March 10, 2026 to May 19, 2026, with the final pretrial conference set for April 29, 2026. The court stated no further continuances will be requested.
• Attorney Ronald Richards confirmed the trustee agreed to this final delay, stating Erika was “desperately trying to hold off the trial.” Court documents confirm her legal team, led by attorney Evan Borges, signed off on the updated schedule.
• In the separate Marco Marco case, Erika lost a SLAPP appeal at the 9th Circuit in October 2025, meaning she can no longer delay that trial through appeals either. The court will now set a trial date for that case as well.

What Is the Erika Jayne Lawsuit About?

The lawsuit was filed by Elissa D. Miller, the trustee appointed to oversee the bankruptcy of Tom Girardi’s now-defunct law firm, Girardi Keese. The trustee claims the firm used client money to pay Erika’s personal and business expenses over a 12-year period.

The trustee is seeking to recover $25,592,261.26 that the firm allegedly gave Erika, via her company EJ Global, between 2008 and 2020, rather than paying its clients their settlements. Those clients included victims of plane crashes, widows, and other vulnerable people who had won legal judgments but never received their money.

The legal theory is called fraudulent conveyance — a type of civil claim that says if someone receives money that was improperly transferred to them, they must return it, even if they didn’t know the money was stolen. Court filings note that the California Franchise Tax Board found EJ Global “was not a real business,” which the trustee uses to argue Erika was effectively receiving personal gifts funded by stolen money.

Erika has consistently denied any wrongdoing. Her attorney Evan Borges has stated that she had no knowledge of Girardi’s financial practices and that all claims against her amount to blaming her for other people’s actions.

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What Did Tom Girardi Do?

Tom Girardi was sentenced to 87 months in federal prison for an alleged years-long scheme in which he embezzled millions from his clients. He began his sentence in July 2025. Girardi, once a celebrated personal injury attorney who inspired the Erin Brockovich story, had his law firm collapse in late 2020 under the weight of fraud allegations. His firm filed for bankruptcy, and the trustee now oversees hundreds of millions of dollars in outstanding claims from creditors and victims.

Is Erika Jayne Facing Criminal Charges?

No. This is entirely a civil lawsuit, not a criminal prosecution. The lawsuit is a civil fraudulent conveyance claim — meaning the trustee argues Erika benefited from stolen money whether or not she knew it was stolen. The worst outcome for Erika in this case would be a court order to repay the $25 million. Jail is not on the table.

Why Didn’t Erika Jayne Just Settle?

Settlement talks were pursued multiple times but never succeeded. By December 2025, attorney Ronald Richards announced that settlement talks had broken down completely, and that a motion was filed to gut any remaining defenses Erika had, based on admissions made in the Psaila case.

Erika received one final delay in February 2026, during which she was reportedly providing financial documents to the trustee. Reports indicate her team explored settlement options as recently as early 2026, but no agreement was reached. Richards previously stated that Erika could “either roll the dice and risk insolvency or work out a principled settlement,” explaining that her state of mind when receiving the money is legally irrelevant to the fraudulent conveyance claim.

The Marco Marco Designer Lawsuit: What Is That?

Alongside the trustee’s case, Erika faces a separate $18 million lawsuit filed by fashion designer Christopher Psaila of Marco Marco. Psaila alleges that Erika conspired with American Express and the Secret Service to have him falsely charged with credit card fraud after she disputed approximately $934,000 in charges for custom goods and services from his company.

The criminal charges against Psaila were dismissed in September 2021. He then sued Erika, claiming the false prosecution destroyed his business, caused the loss of clients and employees, and caused serious personal harm.

In February 2024, a federal court denied Erika’s SLAPP motion to dismiss the case, and in October 2025, the 9th Circuit ruled her SLAPP-related appeals were no longer available before trial — meaning this case is also moving toward a jury.

Important Dates & Timeline

Milestone	Date
Girardi Keese law firm files for bankruptcy	December 2020
Erika Jayne files for divorce from Tom Girardi	November 2020
Trustee (Miller) sues Erika	April 2022
Christopher Psaila files $18M lawsuit	August 2023
Tom Girardi sentenced to 87 months in federal prison	June 2025
Settlement talks break down completely	December 2025
Final Pretrial Conference ($25M case)	April 29, 2026
Jury Trial — $25 Million Case	May 19, 2026
Psaila ($18M) trial date	TBD — being set by court
Expected verdict ($25M case)	TBD — after May 19, 2026 trial

Frequently Asked Questions

Did Erika Jayne win her lawsuit? 

No. As of April 2026, no verdict has been issued in either of Erika Jayne’s major lawsuits. The $25 million jury trial is now scheduled for May 19, 2026, with no further continuances permitted. The case has not been decided in her favor or against her at this time.

Is Erika Jayne going to jail? 

No. Both the trustee’s case and the Psaila lawsuit are civil proceedings, not criminal cases. Even if she loses at trial, the consequence would be a court order to repay money — not incarceration. Tom Girardi faced criminal charges; Erika has not.

What is a fraudulent conveyance lawsuit?

 A fraudulent conveyance claim lets a bankruptcy trustee “claw back” money paid to a third party if that money came from a bankrupt estate. The recipient doesn’t have to have known the money was improperly transferred — if the court finds it was, they may be ordered to return it.

What is Erika Jayne’s defense? 

Erika’s legal team argues she had no knowledge of Tom Girardi’s financial crimes and that she cannot be held liable for the actions of others. Her attorney has maintained that the evidence and law do not support the claims against her.

Could Erika Jayne lose everything?

 If the court rules against her in the $25 million case, she could face a judgment requiring repayment of that amount. Richards stated Erika risks “insolvency” if she loses at trial. Combined with the potential $18 million Psaila case, the financial exposure is significant.

Is this connected to Real Housewives of Beverly Hills?

 Yes — Erika’s legal situation has played out publicly on RHOBH over multiple seasons. In the March 2025 RHOBH season finale, Erika reacted to Tom’s conviction, saying she could never have seen it coming. The case remains one of the most closely watched legal dramas in reality TV history.

When will we know the outcome? 

The jury trial in the $25 million trustee case begins May 19, 2026, and a verdict could come within days to weeks after that. The Psaila case trial date is still being set by the court. This article will be updated when rulings are issued.

Sources & References

1. U.S. Bankruptcy Court filings — Miller v. Girardi: PACER — Central District of California

Last Updated: April 17, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney. All allegations referenced in this article are unproven in a court of law unless otherwise stated.