Erika Jayne accused of 'aiding and abetting' husband Tom Girardi in new $2.1 million lawsuit

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Erika Jayne has been hit with a new $2.1 million lawsuit in which she's accused of financial elder abuse and "aiding and abetting" her estranged husband Tom Girardi.

Attorney Manuel H. Miller and Kathleen L. Bajgrowicz, who is a representative of Charles Osborne's estate, filed a complaint in Los Angeles on Thursday claiming Erika was aware of her husband's embezzlement "scheme" and cashed in on a settlement Girardi withheld from clients and co-counsel in another lawsuit.

The lawsuit the plaintiffs are referring to in their legal case against Erika involved the death of the late NFL star Chuck Osborne, who died in 2012 of repeated head trauma. Bajgrowicz is Osborne's mother. The NFL case was resolved with a cash settlement which Girardi received, Thursday's court documents state.

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Erika Jayne has been named in a new $2.1 million lawsuit. (Photo by Amy Sussman/Getty Images)

Thursday's filing alleges Girardi withheld money that was owed to clients and co-counsel. The plaintiffs claim Girardi "breached his fiduciary duty by misappropriating the funds" and Erika didn't prevent it and rather cashed in herself to fund her "notoriously lavish lifestyle chronicled on 'The Real Housewives of Beverly Hills.'"

"Defendants knew that Girardi was breaching his fiduciary duties, but rather than put a stop [to] it, they aided and abetted Girardi because it benefited them financially. With his action, Plaintiffs are not seeking to recover the funds misappropriated by Girardi or any amounts fraudulently transferred to Defendants. Rather, Plaintiffs are seeking to hold Defendants liable for the damages they caused by their tortuous conduct," the complaint obtained by Fox News Digital states.

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The lawsuit alleges Erika, and co-plaintiffs EJ Global, LLC, David Lira and does 1-50 "are required to compensate" the plaintiffs for harm they've caused.

Reality TV Personality Erika Jayne visits Hallmark Channel's "Home & Family" at Universal Studios Hollywood on November 11, 2019 in Universal City, California. (Paul Archuleta/Getty Images)

"Defendants knew that Plaintiffs were fraud victims but did nothing to protect them and instead prioritized their own financial gain at Plaintiffs' expense," court documents allege.

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Erika's attorney released a statement denying the allegations to Fox News Digital on Thursday.  "The complaint is another misguided effort to blame Erika for the conduct of others in which she had no part," attorney Evan C. Borges said.   

Borges added: "Erika has no law degree and never worked at or managed her former husband’s law firm.  Whatever Mr. Girardi or others at his law firm did or said to the plaintiffs in this case, Erika had no knowledge or role in any of it.  The focus should be on Mr. Girardi, his law firm, and anyone else who enabled what he did.  Piling on Erika may generate publicity, but it’s without any basis in law or fact."

Tom Girardi and Erika Jayne are currently involved in a number of lawsuits, including their divorce. (Getty Images)

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The plaintiffs are seeking damages totaling $2.1 million, with $1.88 million to Bajgrowicz.

Erika Jayne filed for divorce in November 2020 after 21 years of marriage to the once-renowned trial lawyer. She has since been named in multiple lawsuits involving her estranged husband.