$1,736 Up in Vapor: Our Air Conditioner Died 24 Hours After “Universal Heating & Air” Charged Us for a Leak Repair — Then They Tried to Sell Us a New Unit

A quoted price that grew $58.71 after the click. An invoice “due” the day before it was sent. Two different company names on the same license. And eight pounds of refrigerant pumped into a system that couldn’t hold it. Here is the paper trail.

OUR OPINION IS STAY FAR AWAY FROM United Heating & Air 2260 Maravilla Dr Los Angeles CA 90068

By Good Shepherd Media Staff  |  West Hollywood, California

EDITOR’S DISCLOSURE: This is a first-party consumer account. The transaction described below was paid for by this publication’s own household, and every claim in this article is drawn from documents in our possession — the company’s own invoice, its own text messages, and its own client portal — reproduced and quoted with precision. Characterizations of the company’s motives are the opinion of this publication, formed from the documented facts stated herein. We invite Universal Heating & Air to respond in writing; any response will be published in full.

The Job: Paid in Full, Failed in Full — in Under a Day

On Wednesday, July 29, 2026, Universal Heating & Air — operating from 2260 Maravilla Dr, Los Angeles, phone (323) 763-5777, advertising California contractor license #1069748 — was paid $1,736.21 for a service call in West Hollywood. Their own invoice (#3724) itemizes the work:

• “Leak repair 1 — Find a leak and repair over the valve for the compress[or]” — $300.00
• “Freon R-410A Per Paund” [their spelling, not ours] — 8 pounds at $125.00/lb — $1,000.00
• “System check and run 1” — $175.00
• “Maintenance” — $125.00

Read that list again. They billed for finding a leak. They billed for repairing a leak. They billed for checking the system. They billed for maintenance. And then they billed one thousand dollars to pump eight pounds of R-410A refrigerant into the system they had just certified, by their own line items, as found, fixed, checked, and maintained.

Within twenty-four hours, the system was stone dead. All eight pounds of refrigerant — the entire $1,000 charge — had escaped. The technicians returned and announced there was, in their words, a “huge hole in the coil.”

And then came the part every homeowner in Los Angeles should memorize: they immediately tried to sell us a brand-new air conditioner.

Why This Cannot Be Explained as an Honest Mistake

Here is the industry standard, and it is not obscure. A legitimate leak repair on a refrigeration system includes a leak search and a verification test before refrigerant goes back in. Federal EPA regulations governing refrigerant work (40 C.F.R. § 82.157) require that a repair verification test “be performed after the conclusion of the repair work and before any additional refrigerant is added to the appliance.” Standard trade practice is to pressurize the system — typically with dry nitrogen — and hold pressure to confirm it is tight. A standing pressure test held for even twenty minutes exposes a significant leak every single time.

A hole in a coil large enough to dump eight pounds of refrigerant in under a day is not a pinhole. It is not subtle. It is the kind of gross, catastrophic defect that no competent pressure test — indeed, no competent technician paying attention to his own gauges — could possibly miss.

Which leaves exactly two possibilities, and the reader may choose whichever is more charitable:

1. The leak search, leak repair, system check, and pressure verification that were billed and paid for were never actually performed — meaning the customer paid $600 in labor line items for work that did not happen; or
2. The work was performed, the catastrophic leak was detectable, and the company pumped $1,000 of refrigerant into a system it knew or should have known could not hold it — refrigerant that was always going to vent into the atmosphere within hours — perfectly teeing up the next morning’s sales pitch for a replacement unit.

In this publication’s opinion, that second scenario has a name in the HVAC trade: it is the classic refrigerant-dumping upsell. Charge big money to gas up a dying system, let physics do its work overnight, then return in the morning wearing a sad face and carrying a quote for a new condenser. The refrigerant charge isn’t a repair — it’s bait for the real sale.

The $58.71 That Appeared After the Click

The failed repair is only half the story. Examine how this company quotes a price — because we kept the receipts, the texts, and the screenshots.

On Wednesday afternoon, Universal Heating & Air sent a text message stating, verbatim: “Your invoice total is $1,677.50, and needs to be paid by Tue Jul 28, 2026.” That figure is precise: it is the $1,600.00 subtotal plus $77.50 in tax. That was the total. That was the representation.

Click the payment link in that same text, however, and the invoice waiting at the other end demands $1,736.21. Between the quoted total and the charged total, a $58.71 “Service Fee” materialized out of thin air — a fee mentioned nowhere in the quote, agreed to by no one, and tacked on at the moment of payment. Quote one number, charge a higher one, and pocket the difference: whatever the company wishes to call that line item, the practice of quoting $1,677.50 and collecting $1,736.21 speaks for itself.

An Invoice Due Before It Existed, and a Company With Two Names

The sloppiness — or something worse — does not end there. The company’s own client portal shows Invoice #3724 was sent July 29, 2026, with a due date of July 28, 2026. The bill was past due the moment it was born. Manufactured urgency, or mere incompetence? Either answer should worry you.

Stranger still: the text messages, the branding, and the receipt all say “Universal Heating & Air.” The formal invoice on the payment portal is issued in the name of “United Heating & Air” — a different company name — at the same address, the same phone number, and the same license number, #1069748. Consumers are entitled to know exactly which legal entity is taking their money and standing behind the work. Here, the company’s own paperwork can’t keep its story straight.

“Th Office Is Working on Your Refund”

On Friday evening, after the failure and the complaint, the company texted: “Hello th office is working on your refund.” We preserve that message here for two reasons. First, it is a written acknowledgment, from the company itself, that a refund is owed. Second, as of publication, no refund has been received. This article will be updated the day that changes — and every week that it doesn’t.

The Review Record: Read Past the Stars

Prospective customers who search this company on Google will find a wall of glowing reviews. Prospective customers who search the same company on Yelp will find a 1.0-star rating. That is not a difference of opinion; that is a chasm. We encourage every reader to look at both platforms side by side, note the disparity, and draw their own conclusions about which body of reviews reflects the experience described — and documented — in this article.

The Bottom Line for Santa Clarita and Los Angeles Homeowners

Our documented experience with Universal Heating & Air: a $1,736.21 charge; a “leak repair” that did not survive a single day; $1,000 of refrigerant vented into the sky; a same-week sales pitch for a new unit; a price that grew $58.71 between the quote and the click; an invoice due before it was sent; two company names on one license; and a promised refund that has not arrived.

In this publication’s opinion, no homeowner should let this company near their equipment or their credit card until every question raised by its own paperwork is answered. If you hire any HVAC contractor for a leak repair, demand — in writing, before payment — the leak location found, the repair method used, and the standing pressure test results. A contractor who performed the work will hand them over proudly. A contractor who didn’t will get very quiet.

Good Shepherd Media stands behind every factual statement in this article, each of which is supported by documents in our possession, including Invoice #3724, the company’s SMS communications, and screenshots of the company’s client payment portal. Statements of opinion are identified as such and reflect this publication’s honest assessment of the documented facts. Universal Heating & Air (a/k/a United Heating & Air), and any principal thereof, is invited to submit a written response for unedited publication: contact Good Shepherd Media.

Our opinion matters like yours does

In the crowded courtroom, the attorney never argued with me directly. He didn’t need to. Instead, he leaned back in his chair with a smug smile, letting out the occasional snicker whenever I spoke, as though ridicule were a substitute for reason.

The judge barely seemed to follow what was happening, allowing confusion to drift through the proceedings without ever bringing clarity. It felt less like a search for the truth and more like a performance where appearances mattered more than facts.

The attorney seemed perfectly comfortable while the room was watching. Every smirk, every quiet laugh, every dismissive glance was carefully timed for an audience.

But outside the courtroom, the performance disappeared.

When asked directly about his behavior, he denied everything.

“I never laughed.”

“I never snickered.”

“It didn’t happen.”

The confidence that had filled the courtroom dissolved into evasions and excuses. Without spectators, there was no swagger—only someone retreating behind careful words and convenient denials, hoping that if he repeated them often enough, they would become believable.

It became clear that his confidence depended on the room, not on conviction. In public, he projected certainty. In private, he hid behind distance and avoidance rather than standing by his conduct.

Watching that contrast taught me something. Genuine confidence doesn’t need an audience. Integrity doesn’t disappear when the courtroom empties. A person’s character is revealed not by how boldly they perform in front of others, but by whether they stand behind their actions when no one is left to applaud.

Laughing at those defending themselves is in itself a coward move, but we don’t expect much from fat men. Treating others with disrespect in a court especially those that are Pro Se seems to be the way many loser lawyers feel.

This is a matter of public concern to disrespect others and look down upon them when you only went a school in the ghettos of Downtown LA. you are nothing more than low grade shit!

for being a lawyer for 20 years he is poor.

peaceful public assembly is a great tool to allow you to express you and your groups feelings about the actions, behaviors, business they commence, etc…. 

20742 Dumont St

Woodland Hills

now hear us out why a man who studies at Loyola will have the propensity to suck in more ways than you may understand.
Poor Quality School Environments produce lack luster results Poor Quality School Environments produce lack luster results!

read this major study below conducted by independent experts!             “_” 

BTW THEY SENT THIS DBAG AFTER KEIKO COULD NOT PERFORM FOR THE ANTI SLAP TASK AS SHE IS CLUELESS IN OUR HONEST OPINION

When an Insurance Lawyer Prosecutes a Free Press Case: A Look at Keiko Kojima’s Handling of City of Santa Clarita v. Zullo

Investigative Opinion — Municipal Accountability

When an Insurance Lawyer Prosecutes a Free Press Case

A Look at Keiko Kojima’s Handling of City of Santa Clarita v. Zullo

A Résumé Built for Insurance Disputes, Not Constitutional Ones

According to her own firm’s biography, Keiko J. Kojima, an attorney at Burke, Williams & Sorensen LLP, built her career on insurance coverage disputes, bad faith liability litigation, and — by her firm’s own description — ERISA and employee benefits work representing insurers in disability and life insurance cases. Her listed representative matters are almost entirely federal ERISA and insurance-coverage rulings: cases about plan benefit denials, accidental death and dismemberment claims, and long-term disability terminations.

Nowhere in that record is there a workplace violence restraining order petition under Code of Civil Procedure section 527.8. Nowhere is there an anti-SLAPP motion under section 425.16. Nowhere is there a First Amendment retaliation case, a Counterman v. Colorado true-threats analysis, or a dispute over a publisher’s newsgathering activity.

And yet Kojima, along with colleague Alicia McMaster, is representing the City of Santa Clarita in exactly that kind of case — a workplace violence restraining order petition against a local publisher and property manager whose underlying conduct, by his own account, consisted of phone calls to city officials about a Proposition 218 rate dispute, a sewer gas hazard, a horse trail safety issue, and alleged financial irregularities in a public infrastructure project. This is not an insurance coverage dispute. It is a case that sits squarely on the fault line between civil petitioning rights, press freedom, and the government’s power to use civil process against its critics — terrain her professional background does not appear to have prepared her for.

That mismatch matters. And in this case, it shows.

The Transcript Problem

At the center of the City’s opposition to the anti-SLAPP motion is a transcript of a May 8, 2026 phone call. According to the Reply brief filed in this matter, the excerpt submitted to the court begins mid-sentence — severed from the surrounding conversation in a way that, the brief argues, strips out the context establishing the call as civic petitioning rather than anything resembling a threat.

California’s Rules of Professional Conduct are not vague on this point. Rule 3.3 requires candor toward the tribunal; Rule 4.1 requires truthfulness in statements to others. A selectively excerpted transcript, submitted to a court as evidence of dangerous conduct, without the context that would change its apparent meaning, is not a neutral evidentiary choice. It is, at minimum, a serious question about whether the presentation of evidence in this case was designed to inform the court — or to produce a particular outcome regardless of what the full record shows.

A Missed Call That Was Pleaded as Something It Wasn’t

The City’s case also leans on Exhibit 4 — a softphone screenshot purporting to document contact from the respondent. Examined closely, the exhibit shows a missed call from a number that is not the respondent’s own phone number, on a date that was never pleaded in the underlying petition, under a “Missed” call tab, with a downward-left arrow indicating the call never connected in the first place.

A call that never connected, from a number that isn’t the respondent’s, on a date not alleged in the petition, is not evidence of threatening conduct. It is, at best, imprecise lawyering. At worst, it’s an attempt to manufacture the appearance of contact where none of the pleaded facts support it.

Law as a Tool for Outcomes, Not Truth

Review of Keiko Kojima

There is a difference between advocating zealously for a client and using the machinery of civil process — a restraining order petition, backed by the coercive power of a city government — to achieve an outcome regardless of whether the underlying facts support it. The former is the ordinary, legitimate work of a litigator. The latter is what happens when a lawyer treats the courtroom as a venue for winning rather than a venue for truth-finding.

Based on the record in this case — the truncated transcript, the mismatched exhibit, the reliance on a restraining order petition against a publisher whose conduct consisted of calls to government officials about matters of public concern — it is fair to ask which of those two things has been happening in City of Santa Clarita v. Zullo.

Government attorneys wield significant power when they act on behalf of a municipality against an individual critic. That power comes with a corresponding obligation: to present the court with a complete and accurate record, not the most convenient one. The anti-SLAPP motion pending in this case will test whether that obligation was met. Our investigative team has attempted to reach out to the abusers at Burke, Williams & Sorensen, LLP but so far we only have reached voicemails no answering service or secretary, this means most likely working from home and not an office with a receptionist or they just suck and never answer either way find another firm is our strong opinion! Burke, Williams & Sorensen, LLP also has team members that were told on recorded voicemail (which we to recorded) that you are abusing and harassing the elderly by repeatedly sending and/or serving documents to the elderly whom have nothing to do with their case. They were told that the person they are looking for lives in another county and to figure it out. When you have knowledge forthright since those recordings left to several of the people involved and the case rebuttals all have a business PO box you are a little slow and stupid. Burke, Williams & Sorensen, LLP APPEARS TO BE GREAT AT ABUSING THE ELDERLY’S PEACE OR JUST TOO STUPID TO KNOW BETTER.

Personally our opinion save your money and hire an attorney who’s specialty is the issue at hand.

OUR OPINION IS IF YOU NEED TO WASTE MONEY IN AN ATTEMPT
TO HARM OTHERS OR YOUR OWN POCKETS?

CONTACT THE MORON BELOW FOR HER OUT OF SCOPE LACK OF KNOWLEDGE AND LACK OF RESPECT FOR THE US CONSTITUTION AND YOUR CIVIL RIGHTS DUE TO HER INCOMPETENCE

Keiko J. Kojima
Burke, Williams & Sorensen, LLP
444 South Flower Street
40th Floor
Los Angeles, CA 90071-2942

email Keiko kkojima@bwslaw.com
D: +1 213.236.2842
T: +1 213.236.0600

Santa Clarita Is Using Your Tax Dollars to Silence a Reporter

City of Santa Clarita Uses Public Funds to Sue Its Own Local Journalist

Philip Zullo is a journalistic investigative reporter and publisher of Good Shepherd Media who was attacked by the City of Santa Clarita and founder of Urban Group Capital a separate real-estate management and development firm. He is representing himself pro per in Case No.  This piece reflects his ongoing coverage of Santa Clarita municipal government accountability.

Brian Inman Hamblet – The Mask of Confidence

“Charged $35,000+ to mishandle a case his own client’s family understood better than he did”

Google / Yelp Review

Jon Atabek — Atabek & Co. ★☆☆☆☆

“Charged $35,000+ to mishandle a case his own client’s family understood better than he did”

My elderly parents were referred to Jon Atabek after their original attorney, John Fowler, handed off the case. Jon received a full briefing from Fowler and from my mother personally. The facts were clear: my parents had no meaningful involvement in the underlying dispute, the case appeared to have a serious jurisdictional defect, and the claims against them were meritless on their face. Jon agreed. He estimated the matter would cost no more than $10,000.

That estimate became $35,000 — and counting.

Here is what actually happened:

He let a jurisdictionally defective court rule on the Anti-SLAPP. When jurisdiction is challenged, that question must be resolved first. It is a foundational principle of civil procedure. Jon allowed the Orange County judge to rule on the Anti-SLAPP motion while a live jurisdictional challenge remained unresolved. Any resulting order from a court without jurisdiction is void. He either didn’t know this or didn’t act on it.

The Anti-SLAPP was never completed after transfer. The case was eventually transferred to Los Angeles County — a move that was identified and pushed for not by Jon, but by the client’s son. Once in LA, where the original filer knew he couldn’t rely on his Orange County connections, he dropped the case. Jon’s contribution to that outcome was collecting fees. He never re-pursued the Anti-SLAPP in the transferee court. He then sought an additional $9,000.

He was corrected on legal issues by a non-lawyer — on recorded calls. On multiple recorded occasions, the client’s son identified legal avenues and arguments that Jon had not raised. Jon had to go back to his computer to verify. He was wrong. The client’s family was right. This is documented and recorded.

He charged $25,000 for an Anti-SLAPP he had agreed to include, then abandoned it. The family made clear from the beginning that an Anti-SLAPP and a SLAPPback were priorities. Jon agreed. He then billed a separate $25,000 for the Anti-SLAPP motion, let a court without jurisdiction rule on it, transferred the case, and walked away from both the Anti-SLAPP and the SLAPPback suit — which remained a viable cause of action in LA County.

If you are considering retaining Jon Atabek for any matter involving Anti-SLAPP law, jurisdictional questions, or civil harassment defense — look elsewhere. The client’s family ultimately did more to resolve this case through their own jurisdictional analysis than counsel did through $35,000 in billing. That is not a defense attorney. That is a billing department.

HERE IS LAW TO PROVE JON ATABEK SUCKS AS AN ATTORNEY OR LIES OR IS LAZY IN MY OPINION

Legal Analysis: Jurisdictional Priority Over Anti-SLAPP Rulings

Core Principle: Jurisdiction Must Be Resolved First

When a court’s subject matter or personal jurisdiction is properly challenged, that threshold question must be resolved before the court acts on the merits — including ruling on a special motion to strike under CCP § 425.16.

Lack of Jurisdiction Voids Any Order

In Dial 800 v. Fesbinder (2004) 118 Cal.App.4th 32, the court confirmed that a judgment rendered without jurisdiction is void ab initio — not merely voidable. This means if the Orange County court lacked jurisdiction and ruled on the Anti-SLAPP motion anyway, that ruling carries no legal weight and cannot be used as a final adjudication.

People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653 reinforces this: a court acting without jurisdiction has no power to act at all.

Transfer Doesn’t Moot the Anti-SLAPP — It Follows the Case

Under CCP § 396b, when a case is transferred for improper venue or lack of jurisdiction, all pending motions transfer with it. An Anti-SLAPP motion filed before transfer does not simply expire — it must be heard in the transferee court. Failure to pursue it there is attorney error.

Flatley v. Mauro (2006) 39 Cal.4th 299 establishes that Anti-SLAPP protections are substantive rights, not procedural conveniences. Allowing a defective jurisdictional ruling to stand without preserving and re-noting the Anti-SLAPP in the transferee court abandons a client’s substantive right.

The SLAPPback Right Also Transferred

Under CCP § 425.18, a SLAPPback cause of action accrues upon a favorable Anti-SLAPP ruling. If the Orange County ruling was jurisdictionally void, the SLAPPback clock properly begins when the Anti-SLAPP is properly adjudicated in the correct forum — here, Los Angeles County. An attorney who fails to file the SLAPPback in the transferee court after transfer has abandoned a separate, cognizable cause of action.

Jurisdictional Defect Was Identifiable from the Record

The most damaging professional responsibility issue here is that the jurisdictional problem was apparent on the face of the pleadings — and was identified not by counsel, but by the client’s son. Under Nichols v. Keller (1993) 15 Cal.App.4th 1672, an attorney has an affirmative duty to advise a client of all legal remedies and issues reasonably apparent from the case — including jurisdictional defects. Failure to do so is actionable malpractice.

Fee Escalation Under These Facts

Where an attorney’s own failure to identify a basic jurisdictional issue caused unnecessary proceedings, billings for those proceedings may constitute a fee dispute cognizable before the State Bar and supportable as a basis for fee disgorgement. Under Huskinson & Brown v. Wolf (2004) 32 Cal.4th 453, fees earned through neglect or incompetence are subject to challenge.

Formal State Bar Complaint & Malpractice Analysis

I. Professional Negligence (Legal Malpractice) — Elements Established

Under Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, legal malpractice requires:

1. Attorney-client relationship ✓
2. Negligent act or omission ✓
3. Causation ✓
4. Resulting damages ✓

All four elements are met here. But the facts go beyond simple negligence into a pattern of professional misconduct spanning fee fraud, elder abuse, and abandonment of contracted legal services.

II. Failure to Define and Honor Scope of Representation

The $10,000 Estimate Was a Professional Representation, Not a Guess

When an attorney receives a case through a colleague referral, reviews it with the referring attorney, and then independently reviews it with the client — and states a cost estimate — that estimate constitutes a professional representation upon which the client reasonably relies. It is not puffery. It is not aspirational. It is the product of a licensed professional’s informed assessment.

Under California Rules of Professional Conduct, Rule 1.5(b), the basis or rate of fees must be communicated in writing to the client. More critically, when the scope of work materially expands, the attorney has an affirmative obligation to:

• Notify the client in writing
• Explain why the scope changed
• Obtain informed consent before incurring additional fees

Jon Atabek went from a $10,000 estimate to $35,000 in billings — a 250% increase — without a legitimate explanation rooted in case developments that were unforeseeable at intake. The jurisdictional defect, the Anti-SLAPP posture, and the SLAPPback potential were all visible from the moment he received the file. None of this was new information that justified tripling the fee.

The Case Was Handed to Him Pre-Analyzed

This is the most damning professional responsibility fact in the record. Jon Atabek did not discover this case cold. He received it from a colleague who had already worked it. He was briefed attorney-to-attorney. He then met with the client — an elderly woman who explained the facts clearly and completely. He had every tool a competent attorney needs to accurately scope this matter before he ever accepted a dollar.

Under Mirabito v. Liccardo (1992) 4 Cal.App.4th 41, an attorney who accepts a case without adequately investigating its scope, and then charges fees beyond what was reasonably foreseeable at intake, cannot shift the burden of that professional failure onto the client through escalating billing.

III. Elder Financial Abuse — Welfare & Institutions Code § 15610.30

This is not merely a fee dispute. Under California Welfare & Institutions Code § 15610.30, financial elder abuse occurs when a person takes, secretes, appropriates, obtains, or retains real or personal property of an elder for a wrongful use or with intent to defraud.

The client here was an elderly woman. She paid fees for services that were:

• Priced through a professional representation she reasonably relied upon
• Never fully rendered
• Strategically inflated beyond what the case required
• Abandoned mid-engagement without completing contracted work

California courts have held that professionals — including attorneys — can be liable for elder financial abuse when their conduct involves overreaching against a vulnerable adult. Mahan v. Charles W. Chan Insurance Agency (2017) established that financial elder abuse does not require intentional theft — exploitative overcharging with awareness of the client’s vulnerability is sufficient.

An elderly woman, unfamiliar with litigation, relying on an attorney introduced through her family’s trusted network, paying $35,000 for work that was estimated at $10,000 and never completed — this is the paradigm case the elder abuse statute was designed to address.

Enhanced Remedies Available:

Under Welfare & Institutions Code § 15657.5, a successful elder financial abuse claim entitles the plaintiff to:

• Full restitution of all fees paid
• Attorney’s fees and costs (significant in a pro se or retained context)
• Punitive damages if oppression, fraud, or malice is shown
• Pre-judgment interest

IV. Abandonment of the Anti-SLAPP — A Contracted and Paid Service

Jon Atabek accepted $25,000 specifically for the Anti-SLAPP motion. That payment created a contractual and fiduciary obligation to pursue the Anti-SLAPP to completion — including through venue transfer.

He did not do that.

Under CCP § 425.16(c), a prevailing Anti-SLAPP defendant is entitled to mandatory attorney’s fees from the plaintiff. This means a completed Anti-SLAPP victory would have:

1. Terminated the harassment litigation
2. Shifted attorney’s fees back onto the malicious filer
3. Created the predicate for a SLAPPback suit under CCP § 425.18

Jon Atabek collected $25,000, obtained a ruling from a court of questionable jurisdiction, watched the case transfer to Los Angeles County — and then walked away from both the Anti-SLAPP continuation and the SLAPPback. The client paid for an outcome she never received. The opposing party — a malicious filer who weaponized the courts against elderly people — walked away without consequence.

This is abandonment of representation under California Rules of Professional Conduct Rule 1.16, combined with breach of fiduciary duty under Stanley v. Richmond (1995) 35 Cal.App.4th 1070, which holds that an attorney’s fiduciary obligations include completing the work for which they were retained or formally and properly withdrawing.

V. Failure to Identify Jurisdictional Defect — Negligence Per Se

The jurisdictional problem in this case was not subtle. It was not buried in obscure procedural doctrine. It was identified by the client’s son — a non-lawyer — through basic legal research.

Under Wilkinson v. Zelen (2008) and Nichols v. Keller (1993) 15 Cal.App.4th 1672, an attorney has an affirmative duty to identify all legal issues reasonably apparent on the face of the matter and advise the client accordingly. A jurisdictional defect visible to a layman is not a difficult threshold for a licensed attorney to meet.

Jon Atabek’s failure to:

• Identify the jurisdictional defect at intake
• Challenge jurisdiction before allowing merits rulings
• Preserve the Anti-SLAPP rights through transfer
• Re-prosecute the Anti-SLAPP in the correct forum

…constitutes negligence at every stage. Each failure compounded the one before it, and each compounded failure generated another billing cycle. The client paid for incompetence, and then was billed again for the consequences of that incompetence.

VI. Damages

Direct Economic Damages:

Consequential Damages:

• The opposing party Paul Topel, a malicious filer who used litigation as a harassment weapon against elderly people, was never held accountable
• No SLAPPback was filed, meaning the family received no compensation for the harassment they endured
• The elderly client suffered financial, emotional, and health-related harm from prolonged litigation that competent counsel could have terminated far earlier
• The family’s ability to pursue SLAPPback damages may now face statute of limitations complications caused by Jon’s inaction

Emotional Distress:

Under Spackman v. Good (1966) 245 Cal.App.2d 518 and its progeny, breach of fiduciary duty by an attorney that causes prolonged litigation stress to an elderly client supports a claim for emotional distress damages, particularly where the attorney’s negligence directly caused the continuation of harassment the client hired him to stop.

VII. State Bar Violations — Grounds for Complaint

VIII. Recommended Actions

Immediate:

1. File a State Bar complaint at calbar.ca.gov — the recording evidence of Jon being corrected by a non-lawyer is extraordinarily valuable and should be submitted
2. Send a written demand for fee arbitration under Business & Professions Code § 6200 — this is a right the client cannot be waived out of by contract
3. Preserve all recordings, billing invoices, fee agreements, and written communications

Civil:

1. File a legal malpractice complaint in Los Angeles Superior Court
2. Add a cause of action under Welfare & Institutions Code § 15610.30 for elder financial abuse — this unlocks attorney’s fees and punitive damages
3. Seek a full accounting of all fees billed versus services rendered
4. File the SLAPPback against Paul Topel independently — the clock and viability should be assessed immediately given transfer timeline

Leverage:

The recordings of Jon Atabek being corrected by our investigative reporter on points of law by a non-lawyer,. In a State Bar proceeding or civil malpractice trial, they are direct evidence of the competence standard not being met. Preserve them. Transcribe them. They are your strongest asset.

If you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don’t deal in lies,
Or being hated, don’t give way to hating,
And yet don’t look too good, nor talk too wise:

If you can dream—and not make dreams your master;
If you can think—and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear to hear the truth you’ve spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build ’em up with worn-out tools:

If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them: ‘Hold on!’

If you can talk with crowds and keep your virtue,
Or walk with Kings—nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds’ worth of distance run,
Yours is the Earth and everything that’s in it,
And—which is more—you’ll be a Man, my son!

success is the target unrelenting success! 

Analysis