![]() The court told Fink he needed to produce evidence showing that Fink had standing in the case. That is an element of proof rather than a pretrial issue.” If he doesn't prove a written assignment, then he doesn't prevail. So he is going to have to prove a written assignment. The trial court stated, “ell, he has the burden of proof since he is the plaintiff. Defendants' counsel stated that although the complaintĪlleged the existence of a written assignment of Stone Center's claims to Fink, Fink failed to produce any evidence supporting such an assignment. During a pretrial hearing, the parties stipulated that their dispute was based on whether S & E paid Stone Center $81,236.70 for merchandise it purchased from Stone Center. Fink filed the complaint, in propria persona, and, with the exception of one period of a few weeks in the fall of 2010, Fink has represented himself throughout the four-year duration of this litigation.įink failed to timely post jury fees and the case was set for a bench trial. The complaint alleged Stone Center assigned its claim to Fink. ![]() The complaint further alleged Moses Shemtov neither returned the completed credit contract nor paid for the merchandise. The complaint alleged that in 2005, Stone Center extended to Moses Shemtov instant credit to purchase merchandise, in exchange for Shemtov's agreement to complete and return Stone Center's credit contract. In February 2007, Fink filed a complaint containing claims for breach of contract and fraud against S & E, Moses Shemtov, his wife, Mary Shemtov, and Amota Properties, LLC. In Propria Persona, Fink Files a Complaint Against Defendants as Assignee of Stone Center's Claims Defendants' Counsel Questions Fink's Standing as Assignee of Claims at Pretrial Hearing. Finally, we affirm the judgment in favor of defendants Moses Shemtov, Mary Shemtov, and Amota Properties, LLC. Accordingly, substantial evidence did not support the trial court's finding the assignment contract was void. ![]() There was no evidence Stone Center controlled the litigation or had any right to control the litigation, and no evidence Fink represented Stone Center in court or otherwise engaged in the unauthorized practice of law. 276( Macri ).) In addition, Civil Code section 1788.2, subdivisions (c) and (g) define the term “debt collector” as including a natural person, and Business and Professions Code section 6125 allows individuals to represent themselves in court. Such arrangements are legal in collection cases and do not create an attorney-client relationship between the assignor and the assignee. Fink's agreement to split with Stone Center any recovery he obtained in prosecuting those claims did not undermine the validity of the assignment of legal title to those claims. Stone Center absolutely and completely transferred all of its rights to its claims against S & E, and thus legal title to them, to Fink. The trial court found the assignment agreement violated Business and Professions Code section 6125, which prohibits the unauthorized practice of law.Īpplying California assignment law, we disagree with the trial court's analysis of the legal effect of the assignment agreement and reverse the The court explained the agreement did not constitute a valid assignment of claims, but a joint venture whereby Stone Center provided the causes of action and Fink provided legal representation of their venture. In a thorough statement of decision issued after the trial court granted S & E's motion for judgment under Code of Civil Procedure section 631.8, the court found Stone Center and Fink's assignment agreement to be void against public policy. Acting in propria persona, Fink filed a complaint against S & E and others, as the assignee of Stone Center Corporation's (Stone Center) claims against them and litigated those claims through a bench trial. Plaintiff David Fink appeals after judgment was entered in favor of, inter alia, defendant S & E Stone, Inc. Krane & Smith and Marc Smith, Encino, for Defendants and Respondents.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |