Contact Information

Name: Joel Chess
Phone: 310-902-9119
email: jichess@gmail.com

Overview and summary of proposed litigation

This case involves 3 defendants, and the 3 very successful restaurants that they own and manage at the beach in Venice, California. One of the involved defendants,Werner Scharff, has a net worth of $100 million, and owns 2 of the 3 real estate properties in question.

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As I left the James Beach restaurant in Venice, California after having dinner, where I have been a weekly patron for 13 years, I approached the valet service to retrieve my vehicle. They retrieved the vehicle, but were negligent by not waiting by the car until I accepted the vehicle, walking away leaving the door fully opened and the engine running. In the interim, as I was walking towards my vehicle, an inebriated client who had been drinking at the restaurant, jumped into my vehicle and drove away. He then proceeded to wreck the vehicle and was captured by the LAPD and charged with 6 counts of the criminal code.

I filed a claim with the valet company, and a claims management company for the valet company denied my claim stating that the valet company was not responsible.

I was then going to file a small claims case against the valet company, but I started receiving collection notices from a collection agency for $1200.00 for vehicle storage at the impound yard. Not knowing what other costs might arise from this theft, I decided to wait.

Returning to the same restaurant several weeks later, after dinner I left and I gave the valet supervisor (Danny Semann) my parking ticket and the parking fee and asked for my car. Danny said "no, I'm not giving you your car"-I then demanded my car , and again he replied "no, I'm not giving you your car". I again insisted he get my car, and then he said "OK, I'll give you your car, when the police come", and then he started to dial his phone to call the police. Apparently, he knew I had been drinking and was looking to tell the police that I was going to drive. I had 2 drinks much earlier in the evening, and was not affected in any way and could easily drive perfectly legally, but was not willing to turn this into a confrontation. I then went into the restaurant looking for the manager, but was unable to find him. I then went back to the valet stand and was insisting that he get my car. Then the manager came out, as someone in the restaurant told him I was having a problem with the valet company. Without knowing what was going on, on exiting the restaurant the manager said to me "Joel, I can make it so you can't be here for weeks". I told him I wanted my car, and the valet would not get it for me! The manager then said to me "I can make that ban much longer if you want". I then said to the manager, "You people hired this valet, and I insist that you order him to release my car to me". At that point, the manager said to the valet "give it to him". When the car was delivered to me, I got in and the valet (Danny Semann) said to me "I refuse to valet your car any longer-I will no longer accept your car for parking"

As I drove away, I felt that there was some sort of collusion between the valet company, the restaurant and the manager acting on behalf of the restaurant to discredit me. The only reason I could think of for this was due to the fact that my car was stolen there due to the negligence of the valet company, and the restaurant was looking to protect itself and the valet company, as the person who stole the car was drinking in the restaurant and was over-served, leading to his being intoxicated (over the legal limit) and then stealing the car.

Several weeks later I went to the James Beach restaurant to confront Daniel Samakow (one of the owners) about the way I was treated by the valet company he hired, and by his "manager". I expressed my concerns about the treatment I was shown by the valet and the "manager" to Daniel. Daniel then informed me that "they" held a meeting about me. (He did not indicate who "they" were, but I suspect it was their lawyer and other partners). He said that he thought that I drink too much, and that I should stay away from the restaurants he owns(meaning James Beach, the Canal Club and Dannys) until after the end of the year, during which time I could "sort out my demons". My immediate thought was why I was not asked to "sort out my demons", during the previous 13 years, when I was probably their best customer? It was obvious to me that he was trying to place me at arms length from the James Beach restaurant and to lay the groundwork to paint me as an undesirable person/customer. I am convinced that this was their ("they") plan to attack me, to lessen their exposure to be sued by me as the responsible party for having my vehicle stolen.(The person who stole the car was in the restaurant bar getting drunk before he stole my car. When captured after crashing my car, he failed to pass a sobriety test, and was found guilty of DUI at his trial).

I NEVER intended to blame the restaurant for the theft of my vehicle, only the negligent valet company. As I did not have any choice in this matter, I complied with Daniel Samakow's wishes to stay away from the restaurants.

On January 8th, I once again returned to James Beach (the period he said he wanted me to stay away had passed). I was approached by the "manager" who said to me "you know, you still have a few weeks left before you can return". I advised him of the time limit set by Daniel Samakow, and that it was past that time. He said he would call Daniel Samakow, which I assume he did at that time. He returned to me and said that Daniel Samakow said I could not return until he (Daniel Samakow) had a meeting with "they". There was no mention of when this meeting would take place, nor was I asked for my phone number to call me when a meeting took place. I feel that he is never going to allow me to return to that restaurant.

My Grievances Against James Beach and Canal Club Restaurants and their owners are as follows:

a) Maliciously and Intentionally interfering in an advantageous social and business situation, This interference was motivated to mitigate damages to the owners of the James Beach, Canal Club and Dannys restaurants due to their negligence. ( This was at an establishment where I have been a several times a week customer of since they opened, approximately 12 years ago. and had attended approximately 13 years prior to that at a previous restaurant at the same location, West Beach Cafe). They told me I was not allowed in the restaurants they operate, and permanently separated me from social and business contact with my friends, acquaintances and potential clients who routinely attend these restaurants and who provide friendship, business and emotional support to myself, This separation has caused a reduction in probability of future economic benefit to myself, depression, severe emotional distress, and separation anxiety disorder, leading to continuing panic attacks. Due to these health issues, I currently need ongoing medical attention from a medical staff consisting of a psychiatrist, therapist and an internist to treat severe mental and physical illnesses.

b) Violation of Americans with Disability Act: The ADA is a federal civil rights law that prohibits the exclusion of people with disabilities from everyday activities, such as enjoying a meal at a local restaurant. Individuals with disabilities may not be denied the full and equal enjoyment of the services, facilities, privileges and advantages that the business provides. By not being allowed in their restaurants, in violation of the Americans with Disability Act, they have left me humiliated and betrayed. As popular and "hip" restaurants with a youthful clientele, I believe that they want to discourage older patrons with disabilities from attending their restaurants.

c) Intentional harm to my health and safety. Although I enjoyed going to these restaurants and socializing with my friends, many times I felt that my health and safety was endangered by the owners operating restaurants that had become public nuisances due to their lack of proper management. This has led to attracting unsavory characters to the restaurants to buy narcotics from the restaurant staff, over-serving patrons which in turn which has led to physical violence. I personally was attacked in there in the past, and had to be rushed to an emergency room to stop severe bleeding from a violent hammering attack on my head by a restaurant patron. Within the last 6 months, 2 regular patrons of the restaurant were viciously and physically attacked right outside the restaurant on separate occasions, and a patron was pepper sprayed by the security staff (different occasion). A female patron had a glass smashed into her face by another patron, causing bruises and bleeding and 911 had to respond Physical altercations continue within the restaurant.

d) Responsible for over-serving an inebriated client alcohol at the restaurant, who then stole my vehicle due to his inebriated state and then crashing and totaling same vehicle. Seeking restitution for vehicle, impound storage fees, towing, contents and associated costs.

e) Character assignation, slander and defamation--He related to me, his employees, his partners (and who knows who else) that I am a drunk, without any formal knowledge of that fact and not to let me into the restaurant(s) or to serve me

f) Unfair business practices, Violation of Americans with Disability Act, and collusion with valet (refused to accept my car for valet parking, while a disabled American) and "manager" to prevent me from fully enjoying the right to dine and associate with my friends.

g) Intentional infliction of emotional distress by refusal of "manager" to help me retrieve my vehicle from valet company when valet company refused to give me my vehicle

My Grievances Against valet company Imperial Parking Industries, inc. are as follows:

a) Restitution for stolen vehicle due to their negligence

b) Refusal to valet park my vehicle, forbidden by the Americans with Disabilities Act (they are aware that I am disabled)

c) Refusal to return vehicle to me,.

d) Restitution for previous damage to vehicle that was never pursued (approx, $900.00)

e) Intentional infliction of emotional distress

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 End of Overview and summary of proposed litigation

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