This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Financial Elder Abuse
Intentional and Negligent Misrepresentation

Myron Natwick v. Kurt Kelly, Robin DiMaggio, DiMaggio International LLC, Mark Dagel, Robert McCarthy, Jeff Aronson, Olympia Financial Mortgage Inc., Robson R. Mello, Estate of Robson R. Mello, Intergovernmental Renewable Energy Organization, Daaus Funding Inc., Kenneth Greene, Hamrick and Evans LLP, and Does 1 through 50, inclusive

Published: Nov. 12, 2016 | Result Date: Sep. 21, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC615001 Demurrer –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

James C. Fedalen
(HFL Law Group LLP)

Michael J. Fedalen
(KFB Rice, LLP)


Defendant

Robert D. Matranga
(Cooksey Toolen Gage Duffy & Woog)

Phil Woog
(Cooksey Toolen Gage Duffy & Woog)


Facts

Myron Natwick sued Kurt Kelly, Robin DiMaggio, DiMaggio International LLC, Mark Dagel, Robert McCarthy, Jeff Aronson, Olympia Financial Mortgage Inc., Robson Mello, Estate of Robson Mello, Intergovernmental Renewable Energy Organization, Daaus Funding Inc., Kenneth Greene, and Hamrick and Evans LLP, involving allegations of financial elder abuse.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendants Kelly and McCarthy of fraudulently representing that they were organizing a benefit concert for the United Nations. Defendant then introduced plaintiff to the other defendants, Dimaggio, Aronson, Dagel, and Greene, to falsely confirm the existence of the concert. Defendants then duped plaintiff into loaning $300,000 to defendants to fund the concert, which defendants, in turn, never paid back. Plaintiff claimed that the concert never existed nor were the individual defendants even affiliated with the UN.

DEFENDANTS' CONTENTIONS:
Hamrick & Evans alleged that it was defendant Greene's employer, but denied any involvement or connection with Greene's alleged conduct, and therefore, denied any liability for Greene's involvement. Hamrick & Evans also filed a demurrer challenging the sufficiency of plaintiff's allegations.

Result

The court sustained Hamrick & Evans' demurrer with leave to amend.

Other Information

FILING DATE: March 24, 2016.


#87091

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390