Mr. Horwitz represented Jeffrey Apple in 4 lawsuits involving Heidi Apple, Jeff’s ex-wife. In the first case, Heidi, named as guardian ad litem of their minor child, sued Jeff, claiming that he misallocated money from an injury settlement awarded to their minor child. That case did not get out of the pleading stage and was dismissed in Jeff’s favor. Heidi appealed, and, after the matter had been fully briefed, and oral argument made, the Court of Appeal upheld the trial court’s decision in favor of Jeffrey. [Los Angeles Superior Court case number BP 060630 In Re: Dylan Apple Trust Dated September 10, 1999. Second District Court of Appeal Case Number B164076]
In the next case, Heidi, acting as her own attorney, sued Jeffrey on a “Marvin v Marvin” type claim based on pre-marital promises. She pled causes of action for breach of contract, constructive trust, fraud, deceit, intentional infliction of emotional distress and conversion. Mr. Horwitz was successful in getting that case dismissed at the pleading stage. Heidi did not appeal. [Los Angeles Superior Court case number BC 297845 Heidi Apple v. Jeffrey Apple, and Does I through X, inclusive,]
Heidi’s third action with Jeffrey was for dissolution of marriage. Mr. Horwitz does not practice family law, so that case was handled by a different attorney.
In the fourth action, Heidi was the plaintiff in a suit against Jeffrey, both of his parents, two of his limited liability companies, and an attorney who formed the companies, base on claims of negligence, professional negligence, breach of fiduciary duty, breach of contract, constructive trust, accounting and fraud. Mr. Horwitz represented Jeffrey and his parents. He was again successful in getting that case dismissed at the pleading stage. Costs of suit were awarded to Mr. Horwitz’s client. [Los Angeles Superior Court case number BC 305769 entitled Heidi Apple v. Jeffrey Apple; Emergent Media, LLC; Apple-Emergent Media, LLC; Standard Blender & Schwarz, LLP; Gary N. Schwarz; Arthur Apple; Dorothy Apple, and Does 1 Through 100, Inclusive,]
In the fifth action with her estranged husband, Heidi, claiming a 50% interest in Apple Entertainment, used the corporate vehicle as the plaintiff in an action against Jeffrey alleging breach of contract, fraud and breach of fiduciary duty. The gist of the claims were that Jeff wrongfully transferred assets out of the company. That case was also dismissed in the pleading stage, with costs awarded to Jeffrey. Heidi, acting as her own attorney, filed a Notice of Appeal but the appeal was dismissed under Rule 17(a)(1) when she failed to file the required documents. [Los Angeles Superior Court case number BC327103 entitled Apple Entertainment, LLC v. Jeffrey Apple, an Individual; Emergent Media, LLC, a California Limited Liability Company; Apple-Emergent Media, LLC, a California Limited Liability Company; and Does 1 Through 100, Inclusive.; Second District Court of Appeal Case Number B188628.]