Judge: Jon R. Takasugi, Case: 24STCV12187, Date: 2024-10-04 Tentative Ruling

Case Number: 24STCV12187    Hearing Date: October 4, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.

On 5/13/2024, in propria persona Plaintiff Arno Patrick Kuigoua (Plaintiff) filed suit against the Matthew L. Tuck & Associates, PLC dba Appellate Law Firm, Aaron Myers, and Matthew L. Tuck.

On 8/19/2024, Defendants demurred to Plaintiff’s Complaint.

Discussion

            Defendants argue that Plaintiff’s Complaint alleges improper claims that are barred and cannot be asserted in this action pursuant to the release in a contractually binding Memorandum of Understanding (“MOU”) Plaintiff agreed to and signed on February 20, 2024.

            In support, Defendants submitted evidence that:

-         On February 20, 2024, the parties attended a virtual mediation with the Honorable Linda Quinn (Ret.). Plaintiff and his attorney as well a representative for Defendants and Defendants attorney of record attended. At the end of the day, the Parties reached a settlement. To memorialize the essential terms of the agreement, the Parties circulated and signed a Memorandum of Understanding (“MOU”). The MOU first sentence states “[t]he parties understand that formal documents remain to be drafted and signed, but consider the following to be binding and admissible to prove its contents as to the settlement of the individual pre-litigation action, Arno Kuigoua v. Matthew Tuck & Associates PC and Aaron Myers.”

-         Plaintiff’s counsel advised Plaintiff did not have printer/scanner and would instead go to a UPS store to sign and return a fully executed MOU. In the meantime, Plaintiff included a separate sheet of paper attached as the third page to the MOU in Plaintiff’s handwriting that states “I, Arno Kuigoua, hereby agree to the memorandum of understanding prepared today in the course of mediation with Judge Linda Quinn.” It is signed by Plaintiff and dated February 20, 2024. Therefore, Plaintiff has agreed to be bound by the terms of the MOU which include a release of all claims, known and unknown, against Defendants.

(Grasu Decl.)

After review, the Court finds Plaintiff’s claim here to be barred.

When parties intend that an agreement be binding, the fact that a more formal agreement must be prepared and executed does not alter the validity of the agreement. (J.B.B. Inv. Partners Ltd. v. Fair, 37 CA5th 1, 12 (2019); Blix St. Records, Inc. v. Cassidy, 191 CA4th 39, 48 (2010). If the parties definitely agree on all of the essential terms of an agreement in an informal writing, that agreement may constitute an enforceable contract, even though the parties intend to execute a formal writing later. (CSAA Ins. Exch. v. Hodroj, 72 CA5th 272, 277 (2021); Harris v. Rudin, Richman & Appel, 74 CA4th 299, 306–9 (1999).

Here, Plaintiff has not alleged any facts which could show that material terms were missing from the MOU or that could sow he did not intend to agree to be bound by the MOU terms. Rather, Plaintiff’s Complaint amounts to a re-litigation of the very same issues mediated, and resolved, by the MOU.

Based on the foregoing, Defendant’s demurrer is sustained, without leave to amend.

It is so ordered.

Dated:  October    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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