Tesser Ruttenberg etc. v. Forever Entertainment CA2/2

Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

TESSER RUTTENBERG & GROSSMAN B249042 LLP, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BC498140)

v.

FOREVER ENTERTAINMENT LLC et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County. Michael L. Stern, Judge. Affirmed.

Law Offices of Edward A. Hoffman and Edward A. Hoffman for Defendants and Appellants.

Goodman & Goodman and Howard Goodman for Plaintiff and Respondent.

Defendants and appellants Forever Entertainment LLC (Forever), Forever Entertainment Partners LLC (Partners), John Hertz and Brittney Ryan (collectively, defendants) appeal from the trial court’s order denying their petition to compel arbitration of an action for breach of contract, quantum meruit, and account stated by plaintiff and respondent Tesser, Ruttenberg & Grossman LLP (plaintiff). We affirm the trial court’s order. BACKGROUND The parties Forever is a California limited liability company and a former client of the law firm of Tesser & Ruttenberg (T&R). Partners is a wholly owned subsidiary of Forever that was formed in July 2010. Hertz and Ryan are managing members of Forever and Partners. Plaintiff is the assignee of claims for unpaid legal fees assigned by T&R against Forever, Hertz, Ryan, and Partners. March 2009 agreement On March 9, 2009, T&R, Forever, Hertz, and Ryan entered into an “Agreement for Continued Representation,” in which Forever agreed to pay more than $163,345 in outstanding fees owed to T&R in exchange for T&R’s continued legal representation. Hertz and Ryan also agreed to pay a portion of Forever’s outstanding fees from monies received by either of them in any transfer or assignment of their membership interests in Forever. The March 2009 agreement contains no arbitration provision. May 2009 agreement On May 26, 2009, Forever, Hertz, and Ryan entered into a second agreement with T&R. The May 2009 agreement identifies Forever as the “Client” and T&R as the “Firm.” The agreement was signed by Ryan and Hertz as individuals and as managing members of Forever and by attorney Brian Grossman on behalf of T&R. The May 2009 agreement states: “This is a written fee agreement (the ‘Agreement’) between the Firm and Client to provide legal services to Client on the terms set forth below. This Agreement supersedes any prior fee agreement between Client and