From: Stephen R. Gianelli <stephengianelli@gmail.com>
Date: Thu, Sep 24, 2015 at 11:01 PM
Subject: Proper credit in the renewed judgment amount for the "policy limit" settlement contribution on behalf of defendant Richard Westin; BC338322
To: kelley.lynch.2010@gmail.com
Ms. Lynch,
You are entitled to a “credit” against the judgment amount for the amounts contributed by Richard Westin’s insurance carrier toward Plaintiff’s damages, and amount that Michelle Rice has characterized in writing as a “policy limit” settlement. (See attached email.)
There is case law holding that the judgment debtor is entitled to object to the renewal of a judgment on this basis (i.e. that the renewed judgment amount does not reflect proper credits due). However, given your attitude I am not inclined to spend the time finding the citation for you.
Very truly yours,
Stephen R. Gianelli
Attorney-at-Law (ret.)
Crete, Greece
ENCLOSED - RICE'S ORIGINAL EMAIL TO GIANELLI - AUGUST 13, 2013
From: Michelle Rice To: "stephengianelli@gmail.com" Sent: Tuesday, August 13, 2013 7:29 PM Subject: Re: Stephen: I attach the civil case document image from LASC online services which shows that KL filed the motion on Friday 8/9. We have not been served on LC's behalf. It takes several days to update the public database. Her filings should show up by the end of the week there. LOL - "Gibson Dumb and Dumber" as KL calls them. We will NOT have Edelman or GDC anywhere near this response. I researched and wrote the complaint against KL and Richard Westin as a 2nd year lawyer. Edelman and GDC were essentially a "filing service" for our firm. Every essential "victory" against KL was masterminded, researched and instituted by me and LC knows this - the Writ of Possession getting LC's docs and personal effects back from KL's house on Mandeville Canyon Rd, the LA restraining order in Oct. 2005 (wrote LC's dec), the Colorado permanent restraining order in 2008 (I drafted LC's declaration and hired Harvey Steinberg, CO counsel), the mediation against Richard Westin (wrote LC's brief and attended mediation with Justice Stone of JAMS), etc., etc. Edelman sat there during the JAMS mediation and did not have a command of any of the facts. Edelman was also convinced that KL "cut off the chain of causation" against Richard Westin and that LC could not recover anything against Westin for KL's acts as the insurance carrier vehemently argued. The call to Lloyd's of London (the reinsurer for Westin's malpractice policy) for the policy limit payout at the end of the day which was based on my tort argument in the mediation brief convinced Edelman otherwise. Seriously, he did not do anything in helping get the default judgment against KL - his firm "fronted" the litigation, but by and large all of the hard, heavy duty thinking came from me and Robert. Michelle L. Rice, Esq. Kory & Rice LLP 9300 Wilshire Blvd., Suite 200 Beverly Hills, CA 90212 Phone: (310) 285-1633 Fax: (310) 278-7641 NOTICE: This email is confidential and may be legally privileged. It is intended solely for the addressee. If you have received this email in error, please destroy this message immediately along with all attachments, if any, and please report the receipt of this message to the sender at the address listed above. Thank you for your cooperation.
