This case was last updated from Los Angeles County Superior Courts on 11/03/2021 at 17:30:50 (UTC).

MASHIAN LAW GROUP, A CALIFORNIA PROFESSIONAL CORPORATION VS LOREN MILES, AS SUCCESSOR TRUSTEE OF THE HERBERT E. GLEICKE TRUST, DATED AUGUST 6, 1992, ET AL.

Case Summary

On 04/13/2021 MASHIAN LAW GROUP, A CALIFORNIA PROFESSIONAL CORPORATION filed a Contract - Other Contract lawsuit against LOREN MILES, AS SUCCESSOR TRUSTEE OF THE HERBERT E GLEICKE TRUST, DATED AUGUST 6, 1992. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0674

  • Filing Date:

    04/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Respondent and Plaintiff

MASHIAN LAW GROUP A CALIFORNIA PROFESSIONAL CORPORATION

Appellants and Defendants

MILES AS SUCCESSOR TRUSTEE OF THE HERBERT E. GLEICKE TRUST

VIRIDITY ENERGY SOLUTIONS INC. A DELAWARE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

STANTON LAURA

Defendant Attorneys

JACOBSEN LAURA

ALLEN JAMES B

 

Court Documents

Motion for Determination of Good Faith Settlement (CCP 877.6)

10/22/2021: Motion for Determination of Good Faith Settlement (CCP 877.6)

Declaration - DECLARATION OF LAURA JACOBSEN IN SUPPORT OF MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION

10/22/2021: Declaration - DECLARATION OF LAURA JACOBSEN IN SUPPORT OF MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION

Joinder to Motion - PLAINTIFF'S JOINDER IN DEFENDANT VIRIDITY ENERGY SOLUTIONS, INC.'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

10/22/2021: Joinder to Motion - PLAINTIFF'S JOINDER IN DEFENDANT VIRIDITY ENERGY SOLUTIONS, INC.'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

Motion to Deem RFA's Admitted

10/25/2021: Motion to Deem RFA's Admitted

Exhibit List

10/28/2021: Exhibit List

Appellate Order Dismissing Appeal - APPELLATE ORDER DISMISSING APPEAL B315132, NA08.28.21; PER 8.100(G)

10/29/2021: Appellate Order Dismissing Appeal - APPELLATE ORDER DISMISSING APPEAL B315132, NA08.28.21; PER 8.100(G)

Opposition to Application for Determination of Good Faith Settlement

11/2/2021: Opposition to Application for Determination of Good Faith Settlement

Declaration - DECLARATION DECLARATION OF LAURA K. STANTON, ESQ, WITH RESPECT TO INFORMAL DISCOVERY CONFERENCE PURSUANT TO C.C.P. 2016.080 AFTER UNSUCCESSFUL EFFORTS TO MEET AND CONFER WITH DEFENDANT L

10/18/2021: Declaration - DECLARATION DECLARATION OF LAURA K. STANTON, ESQ, WITH RESPECT TO INFORMAL DISCOVERY CONFERENCE PURSUANT TO C.C.P. 2016.080 AFTER UNSUCCESSFUL EFFORTS TO MEET AND CONFER WITH DEFENDANT L

Writ of - WRIT OF ATTACHMENT AFTER HEARING

10/8/2021: Writ of - WRIT OF ATTACHMENT AFTER HEARING

Notice - NOTICE NOTICE OF DESIGNATION ON APPEAL (UNLIMITED CIVIL CASE)

10/12/2021: Notice - NOTICE NOTICE OF DESIGNATION ON APPEAL (UNLIMITED CIVIL CASE)

Notice Re: Continuance of Hearing and Order

9/16/2021: Notice Re: Continuance of Hearing and Order

Demurrer - without Motion to Strike

9/20/2021: Demurrer - without Motion to Strike

Notice of Continuance

9/21/2021: Notice of Continuance

Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment

9/9/2021: Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment

Appeal - Notice of Filing of Notice of Appeal

9/3/2021: Appeal - Notice of Filing of Notice of Appeal

Appeal - Notice of Appeal/Cross Appeal Filed

8/27/2021: Appeal - Notice of Appeal/Cross Appeal Filed

Notice - PLAINTIFF MASHIAN LAW GROUPS NOTICE OF RULING REGARDING JULY 30, 2021 HEARING ON DEFENDANT VIRIDITY ENERGY SOLUTIONS, INC.S DEMURRER TO COMPLAINT AND PLAINTIFFS APPLICATION FOR RIGHT TO ATTAC

8/6/2021: Notice - PLAINTIFF MASHIAN LAW GROUPS NOTICE OF RULING REGARDING JULY 30, 2021 HEARING ON DEFENDANT VIRIDITY ENERGY SOLUTIONS, INC.S DEMURRER TO COMPLAINT AND PLAINTIFFS APPLICATION FOR RIGHT TO ATTAC

Amended Complaint

8/19/2021: Amended Complaint

30 More Documents Available

 

Docket Entries

  • 12/07/2021
  • Hearing12/07/2021 at 10:00 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Informal Discovery Conference (IDC)

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  • 12/01/2021
  • Hearing12/01/2021 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference

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  • 12/01/2021
  • Hearing12/01/2021 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Hearing on Demurrer - without Motion to Strike

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  • 11/18/2021
  • Hearing11/18/2021 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Hearing on Motion for Determination of Good Faith Settlement (CCP 877.6)

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  • 10/29/2021
  • DocketAppellate Order Dismissing Appeal (B315132, NA08.28.21; PER 8.100(g)); Filed by Clerk

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  • 10/28/2021
  • DocketExhibit List; Filed by Viridity Energy Solutions, Inc., a Delaware corporation (Defendant)

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  • 10/25/2021
  • DocketMotion to Deem RFA's Admitted; Filed by Loren Miles, as Successor Trustee of The Herbert E. Gleicke Trust, Dated August 6, 1992 (Defendant)

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  • 10/22/2021
  • DocketDeclaration (of Laura Jacobsen in support of Motion for Good Faith Settlement Determination); Filed by Viridity Energy Solutions, Inc., a Delaware corporation (Defendant)

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  • 10/22/2021
  • DocketMotion for Determination of Good Faith Settlement (CCP 877.6); Filed by Viridity Energy Solutions, Inc., a Delaware corporation (Defendant)

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  • 10/22/2021
  • DocketPlaintiff's Joinder in Defendant Viridity Energy Solutions, Inc.'s Motion for Determination of Good Faith Settlement; Filed by Mashian Law Group, a California professional corporation (Plaintiff)

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30 More Docket Entries
  • 06/23/2021
  • DocketRequest for Judicial Notice; Filed by Viridity Energy Solutions, Inc., a Delaware corporation (Defendant)

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  • 06/17/2021
  • DocketAnswer; Filed by Loren Miles, as Successor Trustee of The Herbert E. Gleicke Trust, Dated August 6, 1992 (Defendant)

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  • 05/20/2021
  • DocketDeclaration (of Demurring or Moving Party in Support of Automatic Extension); Filed by Viridity Energy Solutions, Inc., a Delaware corporation (Defendant)

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  • 05/17/2021
  • DocketProof of Service by Substituted Service; Filed by Mashian Law Group, a California professional corporation (Plaintiff)

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  • 05/17/2021
  • DocketProof of Personal Service; Filed by Mashian Law Group, a California professional corporation (Plaintiff)

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  • 05/03/2021
  • DocketProof of Personal Service; Filed by Mashian Law Group, a California professional corporation (Plaintiff)

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  • 04/13/2021
  • DocketCivil Case Cover Sheet; Filed by Mashian Law Group, a California professional corporation (Plaintiff)

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  • 04/13/2021
  • DocketSummons (on Complaint); Filed by Mashian Law Group, a California professional corporation (Plaintiff)

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  • 04/13/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 04/13/2021
  • DocketComplaint; Filed by Mashian Law Group, a California professional corporation (Plaintiff)

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Tentative Rulings

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Case Number: 21SMCV00674 Hearing Date: July 30, 2021 Dept: P

Tentative Ruling

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Mashian Law Group\r\nv. Miles et al., Case No. 21SMCV00674

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Hearing Date July 30,\r\n2021

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Defendant Viridity\r\nEnergy’s Demurrer to Complaint

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Per a written\r\nretainer, plaintiff Mashian Law Group (MLG) agreed to provide legal services to\r\ndefendant Miles in connection with a lease. MLG sues for breach of\r\ncontract and promissory estoppel after Miles allegedly failed to pay.\r\nPlaintiff’s fifth cause of action alleges prospective tenant defendant Viridity\r\nEnergy was an intended third-party beneficiary of the parties’ October 2019\r\nletter of intent. Defendant Viridity demurs, arguing the parties’ agreement was\r\nnon-binding and/or Viridity was not an intended third-party beneficiary.

\r\n\r\n

\r\n\r\n

Generally, “preliminary\r\nnegotiations or an agreement for future negotiations,” or an “agreement to\r\nagree” are not enforceable as a valid contract. E.g. Kruse v. Bank of Am. (1988)\r\n202 Cal.App.3d 38, 59; Bustamante v. Intuit, Inc. (2006) 141 Cal.App.4th\r\n199, 213.

\r\n\r\n

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Defendant Viridity\r\nargues the writing is a non-binding “agreement to agree.” The October 2019\r\nletter twice states it is “non-binding.” Exhibit 1 to complaint, pgs. 1, 2. This\r\nis unambiguous. The October 2019 LOI is “non-binding,” so cannot be enforced. SUSTAINED.

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Plaintiff’s\r\nApplication for Right to Attach Order and Writ of Attachment

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Plaintiff MLG\r\nrequests a writ of attachment to secure the fees allegedly owed, $35,065, plus\r\ninterest.

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A writ of an\r\nattachment may issue on a claim for money based on contract where the amount\r\nowed is over $500 and is “fixed or readily ascertainable” by the contract. A\r\nwrit of attachment may not issue against a claim secured by real property and\r\nmay only issue against a natural person when the claim arises out of the\r\nconduct of a “trade, business, or profession.” Cal. Code of Civ. Proc.\r\n§483.010. A writ of attachment will only issue if the court finds (1) the claim\r\nis one upon which an attachment may issue, (2) plaintiff established the claim’s\r\nprobable validity, (3) the attachment is not sought for a purpose other than\r\nrecovery on the claim, and (4) the amount to be secured is greater than zero.\r\nCal. Code of Civ. Proc. §484.090.

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\r\n\r\n

MLG’s claim is\r\nbased on its retainer agreement and seeks a readily ascertainable sum. Mashian\r\ndecl. ¶¶3-14. The claim arises out of Miles’ duties as a trustee and the\r\ndrafting of a lease, so is related to the conduct of a “trade, business, or\r\nprofession.” Mashian decl. ¶17. Mashian presented evidence MLG performed legal\r\nservices, with $35,065 allegedly unpaid. Mashian decl. ¶14, exh. 4. Defendant does\r\nnot meaningfully dispute the claim’s validity. The arguments about block\r\nbilling and alleged double-billing are unavailing. The writ of attachment for\r\n$35,065 issues against defendant Miles only. GRANTED.

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DUE TO THE ONGOING\r\nCOVID-19 PANDEMIC PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR BY MICROSOFT\r\nOFFICE TEAMS.

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