Legal Briefing Newsletter

At Hart Kienle Pentecost ("HKP"), we begin each new year with gratitude to the clients who entrust us with their legal matters, our colleagues for their referrals and the committed legal and professional team who steward the firm.

2023 was a remarkable year of growth for HKP, with countless resolutions and successes for our clients that were made possible by the talent and energy of our team.?

HKP welcomes 2024 with a renewed commitment to exceptional and personal advocacy for every client, continued investment in firm development and a resounding "thank you" to the clients and firm members who will undoubtedly contribute to another year of shared successes!?

Highlights, Victories & Law Updates

Trust & Estate Litigation

• HKP's client was sued as the trustee of her father’s trust by her brother. The client’s brother sought an order from the court granting him lifetime, rent-free, expense-free possession of the family home. After a 3-day bench trial in the Probate Department of the Orange County Superior Court, the judge ruled in favor of HKP's client and denied her brother’s petition in its entirety.
• HKP represented its clients, as respondents, in a trust petition that sought to invalidate the restatement of a trust on the grounds of undue influence and lack of capacity. After petitioners put on their case at trial, HKP’s trial counsel brought a motion for judgment in favor of the clients on the grounds that the petitioners failed to prove any of their claims. The motion was granted and the clients were awarded their legal fees and costs. With the granting of the motion, the HKP clients did not have to incur additional attorneys’ fees and costs to put on their defense at trial, and more importantly, the clients’ right to inherit a seven-figure trust estate was confirmed.

Manufactured Housing

• HKP, along with another defense firm, settled a major manufactured housing park failure to maintain case on the eve of trial following an earlier extensive mediation. This case involved 95 mobilehome park residents suing the park owner and management on a variety of legal theories including nuisance, negligence, breach of statutes, and breach of the warranty of habitability. The City's Rent Stabilization Ordinance, as well as, the local and state eviction moratoriums made the claims even more challenging. Under the terms of the settlement, the case against the Park was dismissed with prejudice.
• HKP recently prevailed in obtaining an order for injunctive relief in Fresno County for the client. HKP represented the Petitioner, a mobilehome park, who was petitioning for the Court to grant an order for injunctive relief against a respondent who consistently violated the Park’s rules. After reviewing the filed Petition and hearing argument from the Petitioner, the Court summarily granted the order and found in favor of HKP’s client.

Business & Real Estate Litigation

• HKP successfully obtained a $200,750 judgment for a client in a breach of contract matter.?HKP filed suit on behalf of the client and promptly obtained a default judgment against the defendant, saving the client significant attorneys’ fees and guaranteeing an award of full damages.??
• After a bench trial in Riverside County Superior Court, HKP obtained a judgment for its client against an unlicensed contractor sued for the defective remodel of the client’s home.?The court awarded all damages requested in connection with the disgorgement of profit, fraud and restitution claims.??????

Business & Real Estate Transactions

Codified as Section 16600.5, SB 699 will make it unlawful to enforce an agreement that is void under Section 16600 “regardless of whether the contract was signed and the employment was maintained outside of California.” Effectively, it permits a person subject to a valid non-compete agreement from another state to seek employment in California and invoke Section 16600.5 to prevent the enforcement of the out-of-state non-compete within California. SB 699 expands this prohibition to not only non-competes entered into in California but also out-of-state non-competes.?

Attorney Hirings & Promotions

Megan O. Milne, Associate

Megan Milne passed the California State Bar Exam and was sworn in as an attorney on November 28, 2023. Megan brings a wealth of knowledge and dedication to the legal profession and to Hart Kienle Pentecost. Please join us in congratulating Megan on her legal achievement and wishing her a prosperous and fulfilling journey as an attorney.

Ryan J. Egan, Partner

Ryan J. Egan has been promoted to Partner.?Ryan's dedication, legal expertise, and substantial achievements for firm clients?represents the exceptional advocacy provided by HKP partners.?Congratulations?to Ryan on this well-deserved accomplishment! Here's to continued growth and prosperity at Hart Kienle Pentecost!

Anna G. Kudla, Senior Counsel

Hart Kienle Pentecost welcomes Anna G. Kudla as its newest attorney. With a wealth of experience and a proven track record in business and real estate matters, Ms. Kudla will serve as senior counsel to the Firm's litigation clients. Anna's expertise and passion for excellence align perfectly with HKP's values. We look forward to Anna's association with the Firm and are confident that she will be an integral part of HKP's continued growth and success.

Her practice spans various areas, including business litigation, personal injury, real estate disputes, and complex, multi-party litigation matters. Ms. Kudla further extends her expertise to handling defense claims in trial, arbitration, before real estate panels, and addressing DRE accusations.