Judge: Armen Tamzarian, Case: 22STCV09436, Date: 2023-09-12 Tentative Ruling

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Case Number: 22STCV09436    Hearing Date: September 12, 2023    Dept: 52

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

The court hereby appoints Barbara C. Luna of White Zuckerman Warsaky Luna Hunt LLP as a referee in this action (the Referee). 

Referee’s powers and compensation

1.         The Referee shall prepare an accounting for Wesley & Richard, LLC (the company).  The accounting shall state the company’s assets and liabilities, and summarize the company’s revenues and expenses from August 1, 2016, to the present.  The Referee shall review the complaint filed by plaintiff Shari Brighting in this action on March 17 2022, and provide the court with information in her accounting and recommendations concerning the disputes among the parties that she deems could be helpful to the court in adjudicating the allegations in the complaint.

2.         The Referee shall have authority to make decisions necessary for the sale of the real property located at 1400 Glenoaks Boulevard, San Fernando, California (Glenoaks property).  The Referee shall make a good faith effort to consult with plaintiff Brighting and defendants Richard Viano and Susan Haeussler on all major decisions concerning the sale of the Glenoaks property, if time permits.  The Referee has the power to sign all necessary documents to sell the Glenoaks property on behalf of the company, including but not limited to the power to set the price for sale, accept offers of sales, to make counter offers, and to sign all necessary escrow documents.

3.         The Referee may (a) interview persons with information relevant to an accounting of the company; (b) issue any discovery requests or subpoenas as she deems reasonable and necessary on all issues related to an accounting or sale of the Glenoaks property; (c) subject to the below sentence conduct ex parte communications with anyone as she deems reasonable and necessary; and (d) make a written recommendation supported by such appropriate findings and conclusions to the court concerning an accounting. In instances where ex parte communications do occur with either the parties or counsel, no written information shall be furnished to the Referee without contemporaneous disclosure of such written information to all parties and counsel.

4.         The Referee shall have full and unfettered access to all the company’s books and records. 

5.         The fees of the Referee shall be paid, from time-to-time, out of the escrow proceeds held by Commerce Escrow, escrow no. 22-89803-RM resulting from the sale of the company’s property at 766 Harding Avenue, San Fernando, California (San Fernando Escrow Account).  The Referee’s fees shall be billed at $550 per hour (or portions thereof) and expected fees of support personnel for Ms. Luna shall be at $290 per hour.  The Referee may submit invoices to the parties through counsel for payment of her fees, and Commerce Escrow shall be directed to make payment.  

6.         The Referee may seek interim instructions or clarifications from the court, and shall issue her recommendations to the court upon completion of her duties, and may issue earlier recommendations at any earlier date. The Referee’s accounting and recommendations shall be delivered to the court and the parties not later than December 1, 2023.

Stipulated obligations of the parties

            Pursuant to the joint report filed with the court on September 6, 2023, and the oral stipulation of counsel for both sides at the hearing on September 12, 2023, the court issues the following orders pertaining to the parties:

            1.         Plaintiff Shari Brighting and defendants Richard Viano and Susan Haeussler shall immediately enter into a listing agreement for the sale of the Glenoaks property with Kidder Matthews as broker and Jay Martinez as the agent. 

            2.         All net proceeds from the sale of the Glenoaks property shall be placed in escrow at Commerce Escrow.  The net proceeds shall not be distributed by Commerce Escrow without a further order of the court, or a written agreement executed by plaintiff Brighting and defendants Viano and Haeussler.

            3.         The court reporter who reported proceedings on July 26, 2023, shall be paid out of the San Fernando Escrow Account, apportioned 50-50 to plaintiff and defendants.  The parties agree to cooperate with Commerce Escrow in the distribution of these fees.

            4.         The parties shall cooperate with one another and the Referee in connection with the listing, marketing, and sale of the Glenoaks property.  The parties shall also cooperate with Commerce Escrow in the payment of the Referee’s fees. 

            5.         Defendants Viano and Haeussler and the plaintiff Brighting shall immediately turn over possession of complete copies of all records held by, or in the possession of, defendants or plaintiff, respectively, in any form having anything to do with the company or the Glenoaks property to the Referee, including but not limited to all bank records, bank account statements, records of security deposits, contracts, agreements, ledgers maintained in any form, and all other records except for documents for which counsel for the defendants and counsel for the plaintiff are satisfied are protected under attorney client privilege or attorney work product.

            6.         Defendants Richard Viano and Susan Haeussler and plaintiff Shari Brighting, and their agents and all others acting in concert with them, are restrained from, and shall refrain from:

            a.         Interfering in any manner with the discharge of the duties of the

Referee under this order; and

            b.         Doing any act that will impair the preservation of the Glenoaks

property or plaintiff’s or defendants’ interest in the Glenoaks property or the company. 

                                                            IT IS SO ORDERED

Dated: September 12, 2023