Irving Zaretsky v. Pamela Whitehead Melinda Nykamp, Pamela Whitehead Family Trust, 2853 Broderick LLC, John Kevlin, Reuben Junius & Rose LLP, and Does 1 through 10, inclusive
Published: Apr. 16, 2016 | Result Date: Mar. 23, 2016 | Filing Date: Jan. 1, 1900 |Case number: CGC-15-545368 Bench Decision – Defense
Court
San Francisco Superior
Attorneys
Plaintiff
Stephen M. Williams
(Law Office of Stephen M. Williams)
Defendant
James K. Holder
(Gordon & Rees LLP)
Stuart M. Gordon
(Gordon & Rees LLP)
John Kevlin
(Reuben Junius & Rose LLP)
Facts
Irving Zaretsky sued real-party defendants Pamela Nykamp, the Pamela Whitehead Family Trust, 2853 Broderick LLC, and attorney defendants John Kevlin, and Reuben Junius & Rose LLP, in connection with a contractual dispute.
Contentions
PLAINTIFF'S CONTENTIONS:
Real-party defendants allegedly owned the property adjacent to plaintiff's in San Francisco. Defendant law firm represented real-party defendants and drafted a written settlement agreement signed by attorney defendants on behalf of real party defendants, in an underlying property dispute involving the subject property. Defendants, however, allegedly refused to abide by their obligations under the settlement agreement, thereby prompting plaintiff to file this instant lawsuit for specific performance, injunctive relief, breach of contract, and fraud and reformation of written instrument.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses. Attorney defendants filed an anti-SLAPP motion seeking to strike plaintiff's causes of action as to the attorney defendants.
Result
The trial court granted the attorney defendants' anti-SLAPP motion and awarded the attorney defendants $13,851 in attorney fees with the option to recover additional fees incurred through a separate motion.
Other Information
The courts tentative ruling holds the action will continue as against Whitehead and NyKamp. Further, depending on the final order plaintiff will likely appeal the decision.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390