Verducci

Verducci v. Coda

Good Law
743 F. Supp. 2d 1182·2010 WL 3058624·2010 U.S. Dist. LEXIS 78106
United States District Court, Southern District of CaliforniaAugust 3, 20103:10-cr-00782California2,053 words

Opinion

Opinion

Sammartino, J.

ORDER: DENYING MOTION TO COMPEL ARBITRATION

Presently before the Court is Defendants’ motion to compel arbitration. (Doc. No. 8.) Also before the Court are the parties’ opposition and reply briefs. (Doc. Nos. 10 & 11.) For the following reasons, the motion to compel arbitration is DENIED.

BACKGROUND

This case involves tax and estate planning advice given by Defendant Edward Coda to Mr. John R. Verducci. Plaintiffs Richard Verducci and Dana Verducci proceed here as John Verducci’s successors-in-interest, heirs, and beneficiaries.

Plaintiffs allege that Defendant Coda had a relatively longstanding relationship with John Verducci. (Compl. ¶ 11.) They assert that Defendant Coda encouraged John Verducci to create a “Private Family Foundation” as a way to minimize assets, provide money for his children, and donate to charity. (Id. ¶¶ 13-15.) This was allegedly done through the “National Heritage Foundation,” which is “a large, controversial Virginia-based charity that has long battled federal tax officials regarding the tax benefits it purportedly provided to its donors.” (Id. ¶ 17.)

In 2006, Plaintiffs claim that President Bush signed legislation “which made a number of…

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