Case Number: BC464336??? Hearing Date: April 26, 2016??? Dept: 34
Plaintiff?s Request for Entry of Default Judgement
Defaulting Parties: Defendants Stewart & O?Kula; Donald Lee O?Kula, individual and executor of The Johnson Trust; Kathryn O?Kula fka Kathryn Baracao; and The Johnson Trust
Plaintiffs, jointly as executors of the Andre Norton Estate, commenced this action on June 24, 2011 against defendants Stewart & O?Kula, Donald Lee O?Kula (?O?Kula?), Kathryn O?Kula fka Kathryn Baracao (?Baracao?), and the Johnson Trust. Plaintiffs filed their Third Amended Complaint on February 7, 2012, alleging nine causes of action, denominated: (1) breach of fiduciary duty; (2) breach of contract; (3) negligence; (4) constructive fraud; (5) intentional misrepresentation (fraud); (6) conspiracy to commit fraud; (7) usurious loan under California Constitution; (8) quiet title; and (9) declaratory relief.
This case arises out of the alleged malpractice of defendant O?Kula, individually, and on behalf of his law firm, Stewart & O?Kula. Plaintiffs retained O?Kula on the belief that O?Kula was an experience entertainment attorney in California who could represent plaintiffs? ownership in the estate of Andre Norton, a science fiction writer. Plaintiffs allege that defendant O?Kula misrepresented his experience in the entertainment field and defrauded plaintiffs into selling O?Kula rights to Norton?s work.
On 9/17/15, the Court granted plaintiffs? motion for terminating sanctions and struck the answers of all defendants.
The TAC alleges that defendants improperly induced plaintiffs into selling O?Kula the copyrights of the properties listed in the proposed order. (See TAC ?? 32-34, 36, 39; Prop. Order, p. 2.) The TAC also alleges that defendants improperly took and loaned funds from The Johnson Trust at a usurious rate for the purposes of purchasing the properties. (See id., ?? 41-42.) The TAC seeks to rescind and invalidate the sales agreement and the loan. (See Prayer, pp. 36-38.)
However, plaintiffs have failed to provide the original agreements for cancellation or a declaration and proposed order to accept copies.
If the plaintiffs rectify this omission, the court will enter default judgment.