Excerpt: ...seeks to exclude any evidence related to whether the 2013 Settlement Agreement by and between, among other parties, Former Trustees and entities then under the control of Charles Dickens, including the debtor Tower Park Properties (“TPP”), in connection with the pending bankruptcy proceeding of that entity, was a “good deal.” Former Trustees contend that because the Settlement Agreement was a “good deal,” they could not have reasonabl...

Excerpt: ...ases Hearing Date: September 28, 2023, 8:30 a.m. INTRODUCTION AND RELEVANT HISTORY On November 12, 2015, a Utah court, by Judge James Gardener, issued a one-hundred-and-ten- page statement of decision in a case involving the parties herein concerning mismanagement by Thomas Williamson (“Thomas”) [1] of various entities and real property owned by the estate of George B. Williamson and Ruth Williamson and his replacement by Anne Farrell and Dav...

Excerpt: ...seph Eliafan (“Joseph”) against respondent Marvita Floranza (“Floranza”). The Court found in favor of Joseph on the cause of action for “financial abuse” of an “elder,” Houshang Eliafan (“Houshang”), in part, finding Joseph should recover $603,017.11 (representing what Floranza wrongfully took after the sale of the property, which amount was doubled pursuant to Welfare & Institutions (“W & I”) Code sec. 15610.30(a)), but d...

Excerpt: ... is pending in a manner that will allow a final adjudication of all issues. Moving parties' request for dismissal of the civil case does not properly address the failure of Jazmyn Bown (“Jazmyn”) to plead the relevant provisions of the Probate Code. [1] The answer lies in the parties' responding to this Court's issuance of an OSC why co- trustees Timothy Moore (“Timothy”) and Vanessa Campbell (“Vanessa”), should not be ordered to file...

Excerpt: ...oncerns whether it is crucial for Moving Parties, Caroline Cheng and Diana Cheng, to take the deposition of opposing counsel, Robert Schachter, related to phone calls he and his client, Bernice Cheng, had with TD Ameritrade (“TD”) in May 2020 concerning whether TD could permissibly distribute the funds it held to co-trustees of Family Trust Sub-Trust B, sisters Diana, Caroline, Arlene and Bernice, each of whom is also a 25% beneficiary. [1] M...

Excerpt: ...”) [1] , conservator of his wife Mimi Scofield Frengs (“Mimi”), contends that Kenneth F. Jenkins (“Jenkins”), a private professional fiduciary (“PPF”) designated as a successor trustee by Mimi, on advice of her attorney Dennis Healey (“Healey”) (who also represented Jenkins), should not be able to fill the vacancy in the office of trustee due to Philip having a pending claim against Healey's estate (given Healey's passing) - rel...

Excerpt: ...against Former Trustees arising from Tower Grove BACKGROUND On April 17, 2023, the parties filed their joint report for a trial setting conference as to the attorney's fees phase of the trial the Court has been conducting on the surcharge claims of Beneficiary Alexander Hughes (“Beneficiary”) against Former Trustees Christopher Pair, Susan Bruin, as Special Administrator for the Estate of Conrad Klein, and James Reynolds, as Special Administr...

Excerpt: ...t of Appeal reversed an order of Judge Michael Small, to whom this case was previously assigned, for petitioners and Appellants Ming-Chao Huang, Mei Jung Lin and Sophia Huang (“Huang Family”) to respond to a second set of special interrogatories and pay monetary sanctions to respondent Michael Velcherean (“MV”). The Court of Appeal found that the underlying motions to compel were untimely and awarded Huang Family its “costs” on appeal...

Excerpt: ...e in advance of the bifurcated bench trial on the accounting issues now scheduled to commence on July 31, 2023. The jury trial on the remaining issues will be scheduled after the Court renders its final statement of decision on the accounting issues. ODS' MOTION IN LIMINE No. 8: This motion concerns a request to exclude testimony of Larry Berliner related to his opinions as an information technology expert that (1) ODS made the discovery process ...

Excerpt: ...ministration to hold all privileges (including but not limited to the attorney-client privilege and Constitutional right of privacy), to which his father, Norman P. Rotenberg (“Decedent”) is entitled to assert under California law with respect to the deposition subpoena and the taking of deposition of Jeffrey Marvan (who was attorney for Decedent, before his passing, in related Case No. 16STPB04520) in the related pending case, Case No. 19STP...

Excerpt: ...al. On April 25, 2023, after considerable argument and a hearing, the Court filed a Final Statement of Decision (“FSOD”). On May 5, 2023, Former Trustees filed a motion for reconsideration or clarification of the FSOD. On May 17, 2023, the Court denied the ex parte application of Beneficiary to strike the motion for reconsideration. On May 24, 2023, Beneficiary filed Opposition to the motion. On May 31, 2023, Former Trustees filed a Reply Bri...

Excerpt: ...nt on grounds that the plaintiff is a "Specially Designated National" ("SDN") that is prohibited or 'Yocked" by the April 15, 2021 Executive Order 14024 of President Biden from receivmg any provision of funds and or engaging in any actions that would constitute a prohibited transfer. (31 C.F.R secs. 587.301, 587.312) Instead, the Court issued a stay of this case to give Plaintiff an opportunity, if it wished, to apply for a "specific license" fro...

Excerpt: ...2018, this Coun by Judge Daniel Juarez: filed an order granting an application of Anne Farrell, Katherine Black Garcia, Christopher Black: Henry Black Laura Black and David Farrell ("Petitioners") for order appointing receiver and for preliminary injunction. That order states in relevant part: 'Thomas Williamson ["Respondent"] is hereby preliminarily enjoined, restrained and enjoined from transferring, removing, or otherwise using, encumbering, o...

Excerpt: ...Court issued its tentative ruling (which after the hearing was filed for the record). On April 13, 2023, the Court heard oral argument on the motion. The Court agreed to continue the motion to allow the parties to brief fill-ther two issues: first, as discussed in the tentative ruling, what Judge Small intended by way of the Admitted Matters Order ("AMO") and to clariö• a point that movants contended was mistaken in this regard in the tentativ...

Excerpt: ... long cause trial. On March 16, 2023, the Court set this case to start trial on July 24, 2023. The Court also set the hearing on the above-referenced motions — each seeking Evidence Code see. 402 hearings - for May 3, 2023 and the balance of the motions in limine ("N'IIL") for hearing on June 28, 2023. In preparation for the May 3 hearing, the Court reviewed the parties' trial briefs, as well as each of the three motions, and the opposition to ...

Excerpt: ...ion Services ("General Contractor"), U.S. Fire Protection, Inc. ("Sub-Contraetor") and DOES arising from an accident where Plaintiff alleges a head injury from debris falling on her when she was entering her dentist's office at the mall where construction work was ongoing. On August 22, 2019, Plaintiffnamed Doe 1 as WBCMT 2007-C31 Nordhoff Street Limited Partnership ("Owner"). On September 19 , 2019 , General Contractor filed a cross-complaint fo...

Excerpt: ...e 23, 2022,1 Michael Velcherean ("MV") filed this motion for summary adjudication as to certain grounds asserted by Ming-Chao Huang ("MCH") and Mei Jung Lin ("MJL'), through her guardian ad litem Jackson Chen ("Parents") in their First Amended Will Contest and Objection to MV s petition to admit a will of the decedent Amy Huang ("Am", dated August 10, 2018 ("the Will") (Ex. 1 to MV Declaration).2 On April 21, 2023, Parents filed their Opposition ...

Excerpt: ...use trial. On March 16, 2023, the Court set this case to start trial on July 24, 2023. The Court also set the hearing on the above-referenced motions - each seeking Evidence Code sec. 402 hearmgs - for May 3, 2023 and the balance of the motions in limine ("MIL") for hearing on June 28, 2023. In preparation for the May 3 hearing, the Court has reviewed the parties' trial briefs, as well as each of the three motions, and the opposition to and reply...

Excerpt: ...H”), Mei Jung Lin (“MJL”), Sophia Huang (“SH”) and Yu Ching Huang (“YCH”) (collectively “Movants”) filed a motion for summary judgment, or in the alternative, for summary adjudication. The motion seeks to summarily adjudicate the following three issues: 1. Petitioners are entitled to a judgment in their favor on the Probate Code (“PC”) sec. 850 petition filed by Michael Velcherean (“MV”) on September 26, 2022 as to the $...

Excerpt: ...ants as to all causes of action except the eleventh cause of action in the second amended complaint. As noted therein, “t]he parties…have not focused on the eleventh cause of action for retaliation and whether that is one in tort or under 42 USC sec. 1983. Though para. 182 of the second amended complaint requests relief under 42 USC sec. 1983, para. 180 alleges the wrongdoing in question: “retaliating against plaintiffs for blowing the whis...

Excerpt: ...ACKGROUND On February 24 2023, the Court entered an order denying, without prejudice, an earlier motion of Michael Velcherean ("Respondent") to terminate discovery reference on the basis that the limited evidence provided as to the financial ability of Respondent to pay for the discovery referee was without foundation. On March 2, 2023, the Court entered an order continuing, for the reasons stated therein, the motion of the Huang Family Members (...

Excerpt: ...t contradicts matters admitted in response to certam requests for admission. On May 4, 2022, defendants Ci5r of Compton ("City") and Victor Orozco ("Orozco") filed a MIL to exclude testimony and opinion evidence from Michael W. Lau and Christopher Grew as Plaintiffs' retained experts. On January 20, 2022, City and Orozco filed MIL No. 1 to preclude evidence of Orozco's unrelated job performance and qualifications. On January 20, 2022, City and Or...

Excerpt: ...�City”) filed the above-referenced motion for its Mayor Emma Sharif. On February 6, 2023, City filed substantially identical motions pertaining to other of its elected officials: Treasurer Brandon Mims, and current or former members of its City Council, Jonathan Bowers, Isaac Galvan and Andre Spicer. On February 22, 2023, Plaintiffs filed a trial brief in support of their earlier ex parte application for an order requiring certain witnesses app...

Excerpt: ...ported by a Declaration of Robert N. Sacks, Respondent's then attorney. Mr. Sacks asserts in para. 3 that having to produce documents would invade his client's right to privacy and would be highly prejudicial. No declaration was filed by Respondent himself. On October 21, 2019, Petitioners filed opposition to the ex parte application on the basis that there was no exigency to decide the request ex parte, noting there were innumerable problems wit...

Excerpt: ...ll) issued an order making a reference to a referee (Hon. James A Steele (Ret.)) for hearing discovery issues in both the related cases. On August 29, 2022, the Court (again by Judge Small) issued a further order clarifying that the reference was a special reference (requiring that the Court review the referee's recommendations and any objections to it) and for the parties to each pay one half of the referee's fees. On January 9, 2023, Judge Smal...