Why Erika Jayne is not getting earrings back yet despite appeal

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Erika Jayne is not getting her infamous diamond earrings back just yet despite scoring a legal victory in the case over its ownership, Page Six has learned.

A judge ruled in May that the trustee overseeing her estranged husband Tom Girardi’s estate “failed to show” the $750,000 sparklers were part of the disgraced attorney’s estate property — and therefore more evidence was needed before they could actually confiscate them from Jayne, per court documents we obtained.

However, a source exclusively explains to Page Six that the judge’s decision does not mean that the earrings are immediately given back to the “Real Housewives of Beverly Hills” star, but instead the trustee is just expected to follow up with “new evidence.”

“The trustee needs to resubmit a more robust financial showing supporting the claim that the asset belongs to the estate,” the source adds.

Despite this nuance, Jayne took to Instagram Wednesday to repost a comment that states she is allowed to “keep” her earrings — even though a final decision is still pending.

Ronald Richards, the attorney who purchased the diamond studs for $250,000 for his wife, Lauren Boyette-Richards, at a December 2022 auction, tells Page Six exclusively that he believes the Bravolebrity is misleading the public with her post.

“I am at a loss why Erika and her cohorts are making the claim now ten weeks [after the appeal decision],” he says.

“The court remanded the case for further proceedings as it had insufficient evidence before it to uphold the turnover order. This does not mean Erika automatically gets the earrings back or won the appeal.”

Richards adds, “Her reposting of these claims is creating a false record and its destructive towards the buyer of the earrings. There are consequences for impugning the title of the earrings that were lawfully purchased by the buyer.”

Page Six has reached out to Jayne’s reps and attorney for comment as to why she was seemingly celebrating being able to “keep” the earrings when the decision had not been finalized. However, we did not hear back in time for publication.

Richards, meanwhile, concludes, referencing his wife, “The one thing I can tell you is that they are presently on the buyer’s ears as of five minutes ago.”

Boyette-Richards, for her part, also took to her Instagram Stories to dispel any rumors that she was going to be forced to return the diamond earrings.

She sarcastically wrote on Wednesday, “Apparently, I’ve been forced to turn over the infamous million dollar earrings. Does anyone know a good lawyer? This is all according to @theprettymess sychophant’s post and she, who is married to a disbarred lawyer.”

Boyette-Richards then clarified in a separate post, “I do NOT have to return the earrings. I do NOT have to pay anyone anything.”

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She concluded, “Please hire a lawyer to read all legal documents before YOU all make accusations.”

In January 2022, Jayne’s lawyer, Evan C. Borges, said in court documents obtained exclusively by Page Six that his client “innocently” received the earrings and had no knowledge that they may have come from Girardi’s alleged misappropriated funds.

“First, Erika is completely innocent,” the attorney maintained. “Not even the trustee alleges that Erika knew the source of funds that her wealthy husband used to buy her a gift of earrings 15 years ago (which replaced a prior set of earrings bought years prior to that).”

However, five months later, Jayne was first forced to turn over the earrings in question.

Judge Barry Russell said at the time that “settlement funds” from Girardi’s firm, Girardi Keese, were used to pay for the diamond earrings.

Jayne, 52, officially filed an appeal to try and keep her earrings shortly after in July 2022.

However, a court had granted John Moran Auctioneers — in partnership with 360 Asset Advisors — the right to oversee an auction for the earrings.

All proceeds of the sale were to be given to the trustee and then the trustee was to divide them amongst all of the appropriate parties, reps for the auction house told Page Six in October 2022.

Richards then announced on Instagram on Dec. 7, 2022, that he purchased the earrings at the live auction for $250,000.

A source tells Page Six that next steps in the case would require the trustee to file a new motion, which they are able to do since the judge’s decision was given “without prejudice.”