Brandon Minor v Esther Yaghijanian Los Angeles County Superior Court Case Number BC721329.


From the Los Angeles County online records for this case it is Lawzilla's understanding the following occurred:

Attorney Kousha Berokim of the Berokim and Duel Law Firm is listed by the firm as the lead attorney representing the defendants.




The online court records reflect Berokim is the attorney of record.




During the lawsuit the defendant noticed the deposition of Berokim's clients.

There was an agreement for the day of depositions.

However, defendants failed to appear.

Apparently, Berokim and Duel said there was a mis-calendaring.

Plaintiff's counsel repeatedly inquired about payment of the court reporter's fees for the missed deposition. Berokim's firm said payment would be made but failed to do so.

Plaintiff then filed two motions to compel.




In the motions to compel sanctions were sought expressly against attorney Kousha Berokim.







The judge in a tentative ruling said Kousha Berokim's opposition claimed the motions to compel were more about getting fees than rescheduling the depositions, and relied upon a law requiring an attorney to inquire about a nonappearance at a deposition before filing a motion to compel.

The judge said "it is clear" plaintiff's counsel did so.

The judge also said "it is also clear" there was a promise to pay the fees for the missed deposition but failed to actually do so.




The judge then said the motions would be granted and sanctions were appropriate under the circumstances and that $3882.50 would be imposed against defense counsel (Kousha Berokim) and his client.




After the tentative ruling was issued the time for the court hearing was held. However, none of the attorneys attended the hearing or communicated with the court about a nonappearance.

The judge said the tentative ruling would be the final order of the court.

$3882.50 is in our opinion a lot of sanctions.

It is one thing to miscalendar something - mistakes happen.

But, from what we read there was then an apparent failure to reschedule the depositions.

The judge said "clearly" there was a promise by Berokim and Duel to pay the reporters fees but no payment was actually made.



Based on this ruling and what the judge said - what is your opinion about the competence of Kousha Berokim and his law firm, and whether you would want to hire them to represent you?



It is just one case, but in our view the judge's comments provide a unique window into how attorneys handle matters.

We believe attorney sanctions can be a serious matter. Lawzilla found a California State Bar order, involving a different attorney, indicating that being sanctioned and violating a court order to pay the sanctions can lead to State Bar discipline for failing to competently perform legal services.




State Bar Discipline

Attorney Kousha Berokim has already been the subject of State Bar discipline and was suspended from practicing law for a short period of time.

Apparently, he commingled personal money with client money in his attorney-client trust fund, paying about $12,000 worth of personal expenses, including parking tickets.




The bar noted attorney Berokim took the initiative to rectify his wrongdoing and to properly use his client-trust fund account.

The bar also noted Berokim was able to demonstrate extraordinary good character.

Kousha Berokim was admitted to the California Bar in 2006. Bar Number 242763.

BEROKIM & DUEL, P.C.
270 North Canon Drive Floor 3
Beverly Hills, California 90210

Law School: Southwestern University

Sanctions are Recoverable as a Judgment - Analysis of the little known fact that sanctions awarded in a lawsuit can be enforced as their own separate judgment. Surprise someone by putting a lien on their bank account, home, wages, etc.