Sukhov

FACTS AND PROCEDURAL HISTORY

The parties are five of the six sons of Roza Sukhov. In 1989 Roza created a trust leaving unequal shares of her estate to her six sons. Ten years later, she revised the trust, disinheriting John, and in 2003 by amendment, she disinherited Stephen. Defendants are the trustees of the trust. In 2008 Stephen filed a petition to set aside the amendment whereby he was disinherited, alleging Roza amended the trust based on defendants’ undue influence, fraud, and duress. Two years later John filed a petition against defendants seeking to obtain an interest in what the parties refer to as the Wildomar property.

2 In 2012 all five parties retained retired judge Arnold H. Gold to mediate their disputes at a cost of $500 per hour. Stephen agreed to pay 20 percent of the Judge Gold’s fees and defendants agreed to pay the remaining 80 percent; John did not agree to pay any of the cost. Prior to and during the mediation Stephen’s attorney provided Judge Gold with confidential information. Also during the mediation, Judge Gold disclosed to all the parties and their lawyers that he had previously mediated cases for clients of defendants’ counsel’s firm. After a…