Monday, December 21, 2020

Trenk v. Soheili (Cal. Ct. App. - Dec. 21, 2020)

This is an otherwise routine story about a guy who owes $100,000, signs a promissory note secured by his house, stops paying the monthly installments required by the note, and then has the owner of the note start to foreclose on his house.

With a twist.  The guy's a lawyer.  The $100,000 note was the settlement of a legal malpractice lawsuit filed against him.  And even though he only paid $25,000 of the amount due, he successfully avoided the attempt to enforce the note against his home.  His wife didn't sign the note, and since the home was presumptively community property, it can't be enforced.

Sweet deal for Mr. Malpractice.

The attorney's name is Joseph Trenk, a Southwestern law school graduate who practices in Van Nuys.  Check out his extensive disciplinary history.  Take a gander at the plethora of negative reviews on Yelp.  All that, plus the underlying malpractice judgment, probably means that Mr. Trenk should not be your go-to guy for legal representation.

But, hey, he successfully defends himself from having to pay promises he made to former clients.  So he's got that going for him.

Which is nice.