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California Civil Procedure, Keyed to Levine, 6th Ed.
JAMS, Inc. v. Superior Court
Citation:
1 Cal. App. 5th 984, 205 Cal. Rptr. 3d 307 (2016)Facts
Kevin J. Kinsella was involved in a marital dissolution case involving assets valued in excess of eight figures, including venture capital partnerships. At the suggestion of his wife’s attorney, Kinsella reviewed the JAMS website and Sonenshine’s credentials posted thereon. JAMS represented that it ensured the highest ethical standards and that its neutrals were trusted experts dedicated to neutrality, integrity, honesty, and accountability. Sonenshine’s biography on the JAMS website indicated she was a former California Superior Court judge and retired Court of Appeal justice with business experience, including co-founding EquiCo and RSM EquiCo and founding the Escher Fund. Based on these representations, Kinsella agreed to hire Sonenshine as a privately compensated temporary judge. After Sonenshine began conducting hearings, Kinsella became concerned about her business acumen and investigated her background. He discovered that EquiCo and RSM EquiCo were subjects of fraud allegations in a class action lawsuit and that the Escher Fund never actually raised capital or operated as a functioning investment entity. Kinsella filed suit alleging the representations on the JAMS website were false and misleading.
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