Melkonian v. Miller & Co.
Filed 8/17/06 Melkonian v. Miller & Co. CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| BEDROS MELKONIAN, Plaintiff and Appellant, v. MILLER & CO. L.L.P. et al., Defendants and Respondents. | B177015 (Los Angeles County Super. Ct. No. BC267789) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Morris B. Jones, Judge. Affirmed.
Bedros Melkonian, in pro. per., for Plaintiff and Appellant.
Nemecek & Cole, Michael McCarthy and Matthew J. Hafey for Defendants and Respondents.
INTRODUCTION
Plaintiff and appellant Bedros Melkonian (Melkonian) tried to buy a nightclub. Thereafter, he brought a lawsuit alleging fraud. The jury rendered a verdict against Melkonian. Melkonian appeals from the subsequently entered judgment. Melkonian raises a number of contentions ranging from judicial bias to evidentiary errors. We find none of his contentions warrant reversal. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.[1]
Melkonian was born in Lebanon; he moved to Canada when he was young. He lived in Canada for 20 years, where he became a mechanic and owned an automobile repair shop. In 2000, Melkonian came to the United States. Melkonian had no experience running a nightclub; he considered himself an astute businessman.
The West End Pub (the Pub) on the Redondo Beach pier was managed and operated by Johny Taylor (Taylor). The West End Pub, Redondo Beach, Inc. (the corporation) legally held title to the Pub. The Jon Paul Taylor 1997 QSST Trust and the Michael Taylor 1997 QSST Trust were the shareholders of the corporation.[2] Jon Paul Taylor and Michael Taylor were the adult children of Taylor.
Defendant and respondent Morton Algaze (Algaze) was an accountant and partner of defendant and respondent Miller & Company, LLP, an accounting firm. Algaze was a trustee of both QSST trusts and the accountant for the Taylor family. The two trusts were clients of the firm.
Taylor listed the Pub for sale with a business broker for $250,000. In early 2000, Melkonian contacted the business broker looking to buy a nightclub in the Los Angeles area. Thereafter, he met with Taylor. Taylor told Melkonian that the two trusts owned the corporation, which in turn, owned the Pub.
Melkonian made a $35,000 offer to buy the Pub. This initial offer and a subsequent one for $65,000 were both rejected by Taylor. At the time Melkonian made these offers, he knew the Pub was losing money. Thereafter, Melkonian met Taylor again. Taylor told Melkonian that the sale of the Pub would have to be approved by the landlord and the City of Redondo Beach, and the liquor license would have to be transferred. The two talked about Melkonian signing a contract, making a down payment, and paying the remaining balance when everything was transferred.
Melkonian agreed to pay $90,000 for the Pub.
The next day, Taylor and Melkonian again met to discuss the terms of the transaction. At Taylor's suggestion, the two went to the offices of Miller & Company and met with Algaze. Algaze explained that he was the trustee for the two trusts and the trusts' accountant.
On May 25, 2000, Taylor and Melkonian signed a management agreement, but dated it for the next day. The following was at the top of the agreement, in bold print: â€
