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.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390