Facts

On Jan. 21, 2010, plaintiffs, defendant and Kenny G. Enterprises, LLC entered into a written agreement entitled, "Settlement Agreement and Mutual General Release." Under the terms of said agreement, defendant Kenneth Gharib and Kenny G. Enterprises, LLC shall pay to EM Trust a total sum of $1.5 million (hereinafter referred to as the settlement agreement amount, which shall be paid as follows: payments of $6,250 per month commencing Jan. 1, 2010 and continuing on the first day of each month for 83 months thereafter, KGE shall prepay three months of payment equaling $18,750) representing the payments for the months of January 1020 through March 2010, upon execution of this settlement agreement." The agreement further provides in Paragraph 2(b), "The principal shall bear interest at the rate of 5 percent simple interest." Paragraph 6 of the Note contains an acceleration clause. Defendant paid plaintiff EM Trust $5,000 on Feb. 10, 2010 and $5,000 on March 1, 201. No other payments were made.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that shortly before trial, Gharib attempted to present a counterfeit settlement agreement. Plaintiff Emein had the original. After trial, Gharib attempted to present a third settlement agreement, another counterfeit.

DEFENDANT'S CONTENTIONS:
Defendant testified that the settlement agreement provided that only Kenny G. Enterprises, LLC was responsible for the payments. Defendant Kenneth Ghraib argued at trial that the settlement agreement proffered by the Plaintiff was not the true and correct settlement agreement. Further, Kenneth Gharib testified that he never agreed to personally guaranty this agreement. Mr. Gharib testified that the primary obligor under this agreement was his company Kenny G Enterprises LLC which is in Chapter 11 Bankruptcy.

Settlement Discussions

Defendant offered nominal sums and a corporate unsecured promissory note.

Result

The Court ordered judgment in favor of EM Trust and against Gharib as follows: For the principal sum due under the agreement in the amount of $1,490,000; For interest in the sum of $239,081; and For costs of suit incurred herein. Costs were awarded as well as attorney fees.

Other Information

A motion for attorney fees was heard on June 18, 2013. The Court awarded $65,500 in fees. The court also heard a motion for a charging and turnover order which were granted. Kenny G. Enterprises LLC was in bankruptcy.