Daria v. Level Studios CA2/6

Filed 7/24/14 Daria v. Level Studios CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

HALEY DARIA, 2d Civil No. B243554 (Super. Ct. No. 1341441) Plaintiff and Appellant, (Santa Barbara County)

v.

LEVEL STUDIOS, INC., et al.,

Defendants and Respondents.

HALEY DARIA, 2d Civil No. B248365 (Super. Ct. No. 1341441) Plaintiff and Appellant, (Santa Barbara County)

v.

LEVEL STUDIOS, INC., et al.,

Defendants and Respondents.

Haley Daria appeals from an order on June 28, 2012 that granted summary judgment in favor of Tom Adamski and Level Studios, Inc. (Level). Appellant also appeals from an order denying her petition for a Writ of Error Coram Nobis. Appellant's appeals fail because her opening and reply briefs fail to identify substantive or procedural errors in the rulings of the trial court.

FACTUAL AND PROCEDURAL HISTORY Daria filed this action to resolve disputes that arose after she acquired a minority shareholder stake in Level Studios, Inc. (Level) through the settlement claims made against its principals in 2000 and 2007. The 2000 and 2007 settlements were the subject of settlement agreements that, in 2007, included a waiver of Civil Code section 1542. Daria's fourth amended complaint against respondents asserts causes of action seeking damages and other remedies for (1) fraud and deceit; (2) for "self-dealing breach of fiduciary duties;" and (3) for conversion. Other "causes of action" seek the remedies of rescission and the impression of a constructive trust. In February 2012, respondents moved for summary judgment contending the causes of action asserted by Daria were barred by (1) the statute of limitations; (2) the terms of the settlement agreements; and (3) the absence of any evidence of deceit on the part of respondents that caused her to be damaged. In June 2012, the trial court granted respondents' motion for summary judgment, concluding Daria's claims were untimely filed and that they were extinguished by the settlement agreements Daria executed in 2000 and 2007. The trial court found that respondents' allegedly deceitful acts indisputably occurred no later than "late 2006" – more than three years before her suit was filed and ruled that the terms of the settlement agreements specifically included the claims made in this action. Thus, "on the substance of the fraud claims, defendants Level and Adamski are entitled to judgment as a matter of law." These findings also resolved the second and third causes of action for breach of a fiduciary duty and conversion. On August 7, 2012, a judgment was entered in favor of respondents. On December 17, 2012, Daria filed a "motion to show cause for an order to name Doe defendants . . . and for a writ of coram nobis and replevin" that speaks to a "recent discovery" of additional securities of Level. This 24-page single-spaced pleading, like her opening brief, disregards the rules of court in regard