Facts

In late 2004, plaintiffs Peng Ju and Chuan Shu, who lived together, were referred to defendant immigration paralegal Romina Zadorian to change their immigration status from Student F1 visa to a green card. Plaintiffs met with defendant on a number of occasions. Peter Hosharian, who shared an office with Zadorian, was present during those meetings.

Plaintiffs received letters on letterhead that said "Law Office of Peter Hosharian" and were under the impression that they had also hired Hosharian to represent them.

Plaintiffs sued Zadorian for fraud and breach and contract, and Hosharian for negligence and fraud. The fraud claim was dismissed during trial. Plaintiffs moved for a default judgment against Zadorian after she failed to file an answer.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Zadorian misinformed them about their right to a green card and that she deposited checks for filing fees into her own account. Some filing fees were returned by the bank unpaid due to insufficient funds, and later various collection agencies contacted them regarding these fees.

DEFENDANT'S CONTENTIONS:
Defendant Hosharian contended he never represented plaintiffs and therefore owed no duty toward them. Hosharian contended he never executed a document nor appeared in court on their behalf, and was unaware Zadorian was using his letterhead and forging his signature on retainer agreements.

Damages

Plaintiffs sought compensatory damages for breach of contract, fraud and negligence.

Result

Judge Edward Simpson granted the default judgment against Zadorian for $190,776.67 and a bench decision in favor of Hosharian since there was lack of evidence that he knew of Zadorian's actions.