Jeffrey I Golden v. O'Melveny & Myers, LLP

I. INTRODUCTION AND BACKGROUND

Presently before the Court is the motion for summary judgment filed by defendants O’Melveny & Myers LLP (“O’Melveny’), Steven J. Olson (“Olson”), and Jorge deNeve (“deNeve’”’) (collectively, “defendants”) and the motion for leave to file an amended complaint filed by plaintiff Jeffrey I. Golden (“Golden”). The procedural and factual background of this dispute is set out in the Court’s November 1, 2019 order. See Dkt. 99 (“Order Confirming Final Award”). Accordingly, the Court only sets forth those facts necessary to resolve the parties’ present motions. On November 10, 2014, Golden, acting in his capacity as the Trustee of Aletheia Research and Management, Inc. (“Aletheia”), filed this action against O’ Melveny, Olson, and deNeve asserting claims for: (1) professional negligence (conflict of interest); (2) breach of fiduciary duty; (3) avoidance and recovery of preferential transfers pursuant to 11 US.C. §§ 547 and 550 (“preference claim”); (4) avoidance and recovery of fraudulent conveyances (two-year transfers) pursuant to U.S.C. §§ 548 and 550 (“two-year fraudulent transfer claim’); and (5) …