Judge: Gail Killefer, Case: BC669629, Date: 2022-09-28 Tentative Ruling

Case Number: BC669629    Hearing Date: September 28, 2022    Dept: 37

SUPERIOR COURT FOR THE STATE OF CALIFORNIA,

COUNTY OF LOS ANGELES, CENTRAL DISTRICT

            On August 22, 2022, trial in the above-referenced matter commenced with a jury of twelve (12) being empaneled. J. Scott Russo of Russo & Duckworth, LLP appeared on behalf of plaintiff Richard Irvin and Robyn Crowther and Alexander Avery of Steptoe & Johnson, LLP appeared on behalf of defendant Kumiva Group, LLC. The Honorable Gail Killefer presided over the trial.

            Background:

            Richard Irvin’s First Amended Complaint was filed on February 11, 2019. On March 2021, 2019, Richard Irvin dismissed his:

a.    First Cause of Action for Breach of Fiduciary Duty as to defendants Betty F. Irvin as an individual; Betty F. Irvin as trustee of the R. and B. Irvin Living Trust dated March 1, 1990, as completely amended and restated on November 14, 1997, June 14, 2006, and June 28, 2013, and partially amended on December 21, 2014, and June 7, 2015 (hereafter “Living Trust”); and Betty F. Irvin as trustee of the Robert G. Irvin and Betty F. Irvin Revocable Community Property Trust (hereafter “Community Property Trust”); and

b.    Second Cause of Action for Fraud as to the defendants Living Trust and Community Property Trust.

On April 15, 2019, the Court sustained Kumiva Group, LLC’s demurrer to Richard Irvin’s Fourth Cause of Action for Breach of Contract against defendants Kumiva Group, LLC, Betty F. Irvin, Trust, and Property Trust.

Richard Irvin’s operative complaint was his Amended Second Amended Complaint, filed on April 23, 2019, and amended on November 8, 2021. On December 19, 2019, Richard Irvin dismissed his:

a.    First Cause of Action for Breach of Fiduciary Duty as to defendant Diane Irvin; and

b.    Second Cause of Action for Fraud as to defendant Diane Irvin.

On December 27, 2019, the Court issued its interim order granting summary adjudication in favor of defendants on:

a.    Richard Irvin’s First Cause of Action (Breach of Fiduciary Duty) against defendant Kumiva Group, LLC;

b.    Second Cause Action (Fraud) against defendant Kumiva Group, LLC;

c.    Fourth Cause of Action (Breach of Contract) against defendant Betty F. Irvin;

d.    Fifth Cause of Action (Breach of Contract) against defendant Kumiva Group, LLC;

e.    Sixth Cause of Action (Conversion) against defendants Kumiva Group, LLC and Diane Irvin;

f.     Seventh Cause of Action (Declaratory Relief) against defendant Kumiva Group, LLC; and

g.    Eighth Cause of Action (Goods and Services Rendered) against defendant Betty F. Irvin.

On July 11, 2022, the Court issued its interim order granting summary adjudication on issues pertinent to Richard Irvin’s Third Cause of Action (Accounting) against defendant Kumiva Group, LLC. Richard Irvin conceded that there were no additional accounting issues for trial. Richard Irvin’s Fourth Cause of Action (Breach of Contract) and Eighth Cause of Action (Goods and Services Rendered) against defendant Kumiva Group, LLC were the causes of action that remained to be tried.

            After the presentation of evidence and due deliberation, on August 26, 2022, the jury returned a general verdict in favor of Richard Irvin and against Kumiva Group, LLC and awarded damages to Richard Irvin in the amount of $2,084,589.00. The jury further found that Richard Irvin is entitled to pre-judgment interest.

            Pre-judgment interest shall be at the rate of 7%, which is a daily rate of $399.78. Pre-judgment interest commenced on February 23, 2017. The number of days from the commencement of prejudgment interest until the verdict is 2,010 days, totaling $803,557.80.

Th principal and pre-judgment interest until the verdict totals $2,888,146.80. Pre-judgment interest shall continue until the entry of judgment.

            In accordance with the jury’s findings and verdict, JUDGMENT IS HEREBY ENTERED AS FOLLOWS:

            1.         The summary adjudication orders of December 27, 2019, and July 11, 2022, adjudicating the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action are final and incorporated into this Judgment;

2.  Richard Irvin is the prevailing party as to Kumiva Group, LLC on his Fourth Cause of Action for Breach of Contract and Eighth Cause of Action for Goods and Services Rendered.   

            3.  Judgment for the damages awarded and pre-judgment interest through the verdict in the amount of $2,890,545 in favor of Richard Irvin and against Kumiva Group, LLC;

            4.  Additional pre-judgment interest until entry of judgment in the amount of $________________ in favor of Richard Irvin and against Kumiva Group, LLC;

5.  Diane Irvin is the prevailing party on the Sixth Cause of Action adjudicated by summary adjudication on December 27, 2019, and is awarded ___________ as and for costs of suit herein against Richard Irvin based on her Memorandum of Costs pursuant to CCP § 1033.5.

6.  Betty Irvin is the prevailing party on the Fourth and Eighth Causes of Action adjudicated in her favor by summary adjudication on December 27, 2019 and is awarded _____________ as and for costs of suit herein against Richard Irvin based on her Memorandum of Costs pursuant to CCP § 1033.5.

7.  Cost awards to be determined post-judgment, with interest to accrue on the Judgment at the rate of ten percent (10%) per annum from the date of the entry of the cost award until paid.

Dated: ____________, 2022                     ______________________________

                                                                        Honorable Gail Killefer

                                                                        Judge of the Superior Court