1 STEVEN R BEANAN

1215 LINDAMAR BLVD

PI IL
SAN MAX~0
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2 PACIFICA, CA 94044 JAN 2 g Po]9=

3 TELEPHONE (650) 580-7893 Wrk a

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EMAIL spbeananaol corn

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6 In Pro Persona Plamtiff

SUI'ERIOR COURT OF Tl-IE STATE OF CALII'ORNIA

IN AND FOR THE COUNTY OF SAN MATEO
10
Case No
STEVEN R BEANAN
12 COMPLAINT FOR
Pl aj nt>ff, LEGAL MALPRACTICE AND
13 BREACII OF CONTRACT
14

15
ROBERT J. BRUENING, VIOLAFIRM LAW,
16 P.C and DOES - 10 1

17
Defendant,

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27

Complamt for Damages

 GENERAL ALLEGATIONS

3 1.) At all times herein, Plaintiff STEVEN R. BEANAN, was a resident of the County
4 of San Mateo, and was also a party in the San Mateo Superior Court Case IRMO Patricia R.

5 Beanan v. Steven R Beanan, Case No F0115926

6 2) At all relevant times herein, Defendant ROBERT J BRUFNING, (hereinafter

7 referred to as "Defendant Attorney") is and was a resident of San Mateo County and is and was

8 a California Licensed Attorney at Law, SBN 213214, practicing family law as a sole

9 practitioner withm the State of Califorma, County of San Mateo.

10 3 ) At all relevant times herein, Defendant VIOLA LAW FIRM, P.C., (hereinafter
11 referred to as "Defendant Law Firm"), is, and at all times herem mentioned was, a professional

12 corporation orgamzed and existing under the laws of the State of Cahfornia, and based on

13 mformation and belief, registered with the State Bar of California as a law corporation, with it'

14 principal place of busmess at 441 First Avenue, San Mateo, CA 94401

15 4) At all relevant tmies herem, Defendant ROBERT J BRUENING, was a partner,

16 agent, representative and member of Defendant Law Firm and in doing the thmgs herem alleged
17 was acting within the scope of such agency
18 5.) The true names or capacities, whether mdividual, associate, corporate, or

19 otherwise, of Defendants charged m this Complaint as Does 1 10, inclusive, and each of them,

20 are unknown to Plamtiff, who therefore sue said Defendants by such fictitious names As soon
as their respective true names and capacities have been ascertamed, Plaintiff will amend this

22 Complaint to show the same

23 6.) Plaintiff is mformed and beheves, and on that basis alleges, that at all times
24 herein mentioned, each of the Defendants is responsible in some manner for the occurrences

25 herein alleged and the Plamtiff s injuries herein alleged were proximately caused by each of the
26 said Defendants'cts or omissions

27

Complamt for Damages

 7.) Plamtiff is mformed and believes and based thereon alleges, that at all times
herein mentioned, each of the Defendants was the agent or employee of each of the other

Defendants and was actmg withm the course and scope of such agency or employment in actmg

or faihng to act as hereinafter set forth

8 ) On or about July 24, 2012, Plaintiff retained the services of Defendant Attorney
to provide legal representation to Plaintiff, who was Respondent in Superior Court of San Mateo
Family Law Case No F0115926, entitled IRMO Patricia R Beanan v Steven R Beanan. At
such time and place Defendant Attorney accepted such employment and agreed to perform such

services for Plamtiff

10
FIRST CAUSE OF ACTION
LEGAL MALPRACTICE
12 9.) Plaintiff realleges and incorporates paragraphs 1 through 8 as though fully set
13 forth herein
14 10.) At all times thereafter, Defendant Attorney failed to exercise reasonable care and

15 skill in performing those legal services for Plamtif1; in that he failed to properly prepare for
Mandatory Settlement Conferences and properly communicate with Plamtiff regarding
17 settlement as well as faihng to tmiely provide Mandatory Settlement Conference Statements to

18 opposing counsel. Defendant Attorney also failed to properly communicate with opposmg

19 counsel claims of reimbursement on behalf of Plaintiff, failed to properly communicate

20 settlement offers received from opposmg counsel and failed to communicate Plaintiffs offers of
21 settlement to Plaintiffs estranged wife or her attorney

22 11.) Defendant Attorney repeatedly lost documents provided by Plaintiff, failed to

23 respond to telephone calls made by Plamtiff about the underlying dissolution action and even

24 fell asleep during a meetmg where Plaintiff and Defendant were conducting document reviews

25 12) On or about August 27, 2013, Defendant Attorney substituted out of the

underlying action as a sole practitioner and substituted back in as Robert J. Bruening, Partner of

27 Viola Law, the Defendant Law Firm

28

Complamt for Damages

 1 13 ) After August 27, 2013, Defendant Robert J. Bruening, as Partner of Defendant
2 Law Firm, contmued to fail to exercise reasonable care and skill m performing those legal
3 services for Plaintiff, m that he failed to properly prepare for Mandatory Settlement Conferences

4 and properly cominunicate with Plamtiff regarding settlement as well as failing to timely
5 provide Mandatory Settlement Conference Statements to opposing counsel Defendant Attorney

6 also failed properly to commumcate claims of reimbursement on behalf of Plaintiff, failed to

7 properly conununicate settlement offers received from opposmg counsel and failed to
8 communicate Plaintiff's offers of settlement and continued to loose documents, continued to fail

9 to return telephone calls made by Plaintiff

10 14.) Defendant Attorney and Defendant Law Firm, for which Defendant Attorney was

11 a Partner, also failed to prepare Plamtiff, to any degree, for Plamtiff's Deposition or arbitration

12 and failed to prepare for hearings and trials in the underlying dissolution action, culminating
13 with the failure to properly prepare for the date of separation trial that took place over a number

14 of days commencmg on January 27, 2014 The failure of preparation, mcluded but was not

15 hmited to, failing to properly cross examme Plaintiff's divorcing spouse, failing to communicate

16 events that took place during the proceedings, and failing to properly present Plaintiffs case in
17 chief, by failing to properly conduct exammation of Plamtiff and faihng to utilize the significant
18 volume of evidence and documents provided by Plaintiff, numerous times in the past, which

19 were crucial and necessary for the purpose of allowing Plaintiff to present his case in chief.

20 15.) In addition, Defendant Attorney and Defendant Law Firm, for which Defendant
21 Attorney was a Partner, on the first day of trial on January 27, 2014, failed to timely provide

22 declarations of disclosure, causmg the opposing side to move that Plamtiff would not be able to

23 submit evidence and documents and causing Plamtiff to be sanctioned $ 2,000 by the court.

24 Plamtiff also showed up to court more than 45 minutes late for the afternoon session of the tnal,
25 and upon his late return was completely unorganized, and thereby failed to properly conduct

26 hearing on that date

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28

Complamt for Damages

 16.) Defendant Attorney and Defendant Law Firm also failed to properly confer and

communicate with Plaintiff m either preparing Plamtiff to testify in his case in chief, and

otherwise failed to properly prepare any portion of Plaintiffs case and totally breached the duty
to present all evidence, documents and witnesses m support of Plaintiffs case in chief in the
underlying dissolution action

17.) To add msult to in~uiy, after allowmg Plaintiff's wife to undergo direct
examination and thereby present her case in chief on the date of separation trial for a total of 1 '/2

days, immediately prior to Plaintiff's exammation, Mr Bruening, without any notice or

notification to Plaintiff, agreed with opposmg counsel and the court that Plaintiff would be
10 exammed for only 2 hours and cross-examined by opposing counsel for 2 hours, thereby
completely failing to take the requisite time and make the requisite and necessary effort required

12 for Plaintiff to present his case in cliief Lastly, Robert J, Bruening conducted his closing
13 argument at the date of separation trial, without any preparation, thereby failmg to accurately

14 comment on any of the evidence presented m Plaintifi"s case m chief, or make any requisite

15 comment on the weaknesses of the opposing party's case.

16 18) Plaintiff obtained new counsel after the trial on the date of separation was
17 completed and obtamed new counsel, despite repeated requests by the new counsel, many weeks

18 in advance of the next trial date m the dissolution case of April 15, 2014, Plaintiff's file was not

19 provided, m it's entirety until that file was not provided to the new attorney until April 11, 2014.

20 19) As a proxmiate result of the neghgence of Robert J, Bruening, Plaintiff was

21 damaged in excess of $ 200,000 dollars

22
SECOND CAVSE OF ACTION
23 BREACH OF CONTRACT
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25 20) Plaintiff re-alleges and incorporates paragraphs 1 through 19 as though fully set
26 forth herein.

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28

Complamt for Damages

 1 21 ) On or about October 11, 2012, Plaintiff and Defendant Attorney entered into a

2 Retainer Agreement whereby Defendant Attorney agreed to provide legal representation to

3 Plaintiff in connection with Superior Court of San Mateo Family Law Case No. F0115926,
4 IRMO Patricia R. Beanan v Steven R Beanan, whereby Defendant Attorney was required to
5 perform legal services in representation of Plamtiff and Plaintiff was required to pay for
6 Defendant Attorney's legal services and also pay for any legal costs. The retainer was executed

7 over 2 '/~ months after Defendant had actually substituted into the above referenced dissolution

8 matter. A copy of the retainer is attached hereto as Exhibit A

9 22) The contract necessarily required Defendant Attorney to competently perform

10 legal services by using the professional skill, prudence and diligence as other members of the
11 profession of the practice of law commonly possess and exercise.

12 23.) Defendant Attorney breached his duty to provide the professional skill, prudence

13 and diligence as other members of the profession of the practice of law commonly possess and

14 exercise thus breaching the contract with Plaintiff

15 24) At such pomt as Defendant attorney became a partner, member, agent and

16 representative of Defendant Law Firm, both Defendant and Defendant Law Firm were in breach

17 of contract
18 25.),As a proximate result of the breach of contract by the Defendant Attorney,

19 Plaintiffhas been damaged in excess of $ 200,000.

20
THIRD CAUSE OF ACTION
21 VIOLATIONOF BUSINESS AND PROFESSIONS CODE $ 6148(c)
22 26.) Plaintiff re-alleges and incorporates paragraphs 1 through 19 as though fully set
23 forth herein.

24 27.) Tliroughout the course of Defendant Attorney's and Defendant Law Firm's
representation of Plaintiff, Plaintiff made several requests for monthly billing statements to be

26 provided in writing so that Plaintiff could review the amount of legal fees charged and the legal

27 work that corresponded to those fees.

28

Complaint for Damages

 28.) As Plaintiff had not obtained and executed a written fee agreement with
Defendant law Firm, Plaintiff was uisistent on receiving requested billing statements. Defendant

Attorney and Defendant Law Firm failed to provide timely bilhng statements, which were

required to be provided within 10 days after request

29 ) Accordmgly, upon receiving the requested billmg statements, some months after
requested, there were significant late fees charged to Plaintiff for failure to pay on earher, un-
received, billing statements

30) As a proximate result the violations of Defendant Attorney and Defendant Law

Firm Plaintiff has been damaged

10

WHEREFORE, Plamtiff pray for Judgment against the Defendants, and each of them, as

12 follows:

13 1 For Damages in the sum of $ 250,000.

14 2 I or costs of suit herem

15 3 For such other and further relief as the court may deem proper.

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18 Dated January 23, 2015

19 Plaintiff STEVEN R. BEANAN

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Complamt for Damages

X.11 31'
 ROBERT J BRUENING
BRUENING LAW
Bovet Professional Centre
177 Bovet Road
Suite 600
San Mateo, CA 94402
Phone 650/638-2346 fax 650/341-1395
robert@bruenini law corn

FEE & ARBITRATION AGREEMENT

Robert J Bruening hereby agrees to represent the undersigned client in his/her family law
proceeding Robert J Bruening will not represent the client in any other matter unless a separate
agreement is made in writing The client agrees to pay Robert J Bruening for services rendered at the
hourly rate of $ 325 00 Ordinary receptionist services are provided as part of the attorney's fees

COSTS The client agrees to pay all actual costs incurred from filling fees, service(s) of process
and appraisals Client's account will also be charged each month for all fees associated with and for
photocopying, scanning, faxing, postage expenses, telephone charges, travel costs, computerized legal
research, computenzed support analysis, and other necessary out-of-pocket expenses If payment is by
credit card an additional 3 5/o will be added to the amount charged to cover credit card processing fees

A retainer deposit of $ 5,000 00 is to be paid immediately and this amount will be credited to the
client's bill each month until the retainer is exhausted If the retainer is exhausted, the client shall
provide an additional retainer of $ 2,500 00, and this arrangement for replenishing the retainer account
shall continue until the completion of the attorney's representation of client In addhtion, when it
appears that chent's case will go to a contested tnal or hearing, chent shall prowde an addhtional
retainer to cover the anticipated cost of tnal or hearing Upon the completion of representation, Robert
J Bruening shall refund to the client any unused portion of the retainer

Client understands and acknowledges that any discussion or cursory estimate given by Robert J
Bruening to client regarding fees and costs for services rendered is only an estimate, and the fees and
costs may be greater than any certain amount mentioned The number of hours expended, and
resulting fees and costs, varies greatly depending on working relationships, attitude and demeanor of
client, opposing party, and opposing counsel In addition, over the course of the action, a~titudes can
greatly change These factors, among others, mal<e it impossible to estimate fee and cost amount with
any reasonable accuracy In the agreement and understanding between Robert J Bruening and client,
there is no limitation as to fees and costs

Hourly billing rates may be changed upon written notice to client

Client will have the sole responsibility for payment of the above described fees regardless of any
court order which may direct payment to come from the other party from the community, separate or
mixed property and regardless of the amount of fees ordered by the Court, if any If fees are ordered
paid by the adverse party and are actually paid, the sums so paid will be credited to the client's account
Bills will be rendered monthly Payment of the bill is due upon receipt A late charge will be added at
the rate of one percent (2/0) per month (twenty-four percent (24/0) per annum) on the unpaid balance
beginning thirty (30) days after the billing date
 Any obJection to any billing will be brought to the attorney's attention within thirty (30) days of
the biliing; otherwise, the bill is agreed to be accepted as sent. Client agrees that Robert J. Bruening
may elect to stop work on the file if the account is not paid in full within thirty (30) days after the billing
date, or if an additional retainer requested is not paid.

All disputes between client and Robert J Bruening regarding any aspect of the attorney-client
relationship (including the amount of fees and costs, the nature and quality.and amount of professional
services rendered, allegations of professional negligence and/or misconduct, and/or client's obligation
to pay for services rendered and costs incurred) will be resolved by binding arbitration pursuant to
binding arbitration pursuant to sections 1280 et seq. of the Code of Civil Procedure and not by litigation
in court. This provision applies to all disputes whether they are about financial matters or about the
quality of the attorney's services. By this provision, we are both giving up our right to have any such
dispute decided by a Judge or a Jury

As to fees and costs only, client also has the right under the law to non-binding arbitration
pursuant to Sections 6200 et seq, of the Business and Professions Code. If client- requests non-binding
arbitration, it will take place before the binding arbitration which is, provided for in the preceding
paragraph. If client asks for non-binding arbitration and client or the attorney is unhappy with the
result, it will be followed by binding arbitration. The arbitration which is being agreed to in the
preceding paragraph replaces litigation in court before a Judge or Jury It does not replace non-binding
arbitration under this paragraph.

The prevailing party in any arbitration or litigation between client and firm will be entitled to
reasonable attorney's fees and costs

Although Robert J. Bruening will make every effort to handle client's cases promptly and
efficiently according to the highest legal and ethical standards, Robert J. Bruening makes no guarantees
as to the outcome of your case

This Agreement does not obligate Robert J. Bruening to represent client in any appeal from a
court result that client finds unsatisfactory

I advise you as required by the Business and Professions Code that Robert J. Bruening carries
errors and omissions insurance.

Finally, Robert J Bruening reserves the nght at all times to withdraw from representing client
any further, whether for nonpayment of bill or retainer, in the event a conflict arises between client and
Robert J. Bruening, or for any other sufficient notice to obtain other counsel However, in the event that
Robert J. Bruening elects to terminate representation of client, client hereby authorizes Robert J.
Bruening to apply to the court for an award of attorneys'ees and costs at any stage of the proceedings,
and before signing a Substitution of Attorney, allowing Robert J. Bruening to withdraw, upon demand.

This Agreement beco'mes effective when the retainer is received and the Agreement is signed by
client and attorney. Client has the right to consult another attorney or other advisor about any aspect
of the Agreement before signing it

oated: i OIA )~4~ CP,

Dated'obert
I / Client

J. Bruening,
NOTE

If you have any assets held of record in ]oint tenancy, California law provides that upon the
death of one of the joint tenants, the asset will pass entirely to the survIving ]oint tenant by
operation of law If you do not want this result, you should discuss a change of titles with your
attorney

2 You should review your will to determine whether it accurately reflects the disposition you wish
to make of your property If you wish to make a different disposition, you should discuss a new
will with your attorney