Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Howard L. Abselet, An Individual v. Alliance Lending Group

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 26, 2012

HOWARD L. ABSELET, AN INDIVIDUAL, PLAINTIFF,
v.
ALLIANCE LENDING GROUP, INC., A CALIFORNIA CORPORATION; SOLYMAN YASHOUAFAR, AN INDIVIDUAL; MASSOUD AARON YASHOUAFAR, AN INDIVIDUAL, HAMID JOSEPH NOURMAND, AN INDIVIDUAL, MALIBU RECONVEYANCE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, VAN NUYS PLYWOOD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SODA PARTNERS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND DOES 1-10, INCLUSIVE DEFENDANTS.

The opinion of the court was delivered by: John F. Walter United States District Court Judge

AND RELATED CROSS-CLAIMS.

Assigned to Hon. John F. Walter

JUDGMENT

Complaint Filed: 1/27/11 Pretrial Conf. Date:1/27/12, 2/10/12 Trial Date: Vacated

[PROPOSED] JUDGMENT

Plaintiff Howard L. Abselet ("Abselet") having filed his operative Second Amended Complaint against Defendants Hamid Joseph Nourmand ("Nourmand"), Alliance Lending Group, Inc. ("Alliance"), Solyman Yashouafar ("S-Yashouafar") and Massoud Aaron Yashouafar ("M-Yashouafar"), Malibu Reconveyance, LLC ("Malibu"), Van Nuys Plywood, LLC ("Van Nuys"), and Soda Partners, LLC ("Soda"), Malibu and Van Nuys having filed Cross-Complaints against one another, and Malibu having filed a Third Party Complaint against Third Party Defendant LPS Agency Sales and Posting("LPS"), IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

Plaintiff's Claims:

The following of Plaintiff Abselet's Claims were by stipulation dismissed without prejudice against Alliance, S-Yashouafar and M-Yashouafar (collectively, the "Borrower Defendants"):

Claim 1: Breach of Contract.

Claim 2: Enforcement of Personal Guaranty.

Claim 3: Money Had and Received.

Claim 4: Money Loaned.

Claim 8: Negligent Misrepresentation.

The following of Plaintiff Abselet's Claims were by stipulation dismissed without prejudice against Malibu:

Claim 6: Wrongful Foreclosure.

Claim 7: Declaratory Relief.

Claim 9: Negligence.

The following of Plaintiff Abselet's Claims were by stipulation dismissed with prejudice against Nourmand:

Claim 5: Fraud.

Claim 8: Negligent Misrepresentation. Claim 10: Breach of Fiduciary Duty.

Claim 11: Professional Negligence.

The following of Plaintiff Abselet's Claims were adjudicated against Plaintiff Abselet pursuant to Van Nuys' and Soda's motions for summary judgment:

Claim 6: Wrongful Foreclosure.

Claim 7: Declaratory Relief.

The following of Plaintiff Abselet's Claims were dismissed as moot:

Claim 12: Judicial Foreclosure.

Based on the stipulation of Plaintiff Abselet, Nourmand and the Borrower Defendants, Plaintiff Abselet is the prevailing party as against the Borrower Defendants, and the Borrower Defendants shall pay Abselet $450,000.00 (four hundred fifty thousand dollars) as costs and attorneys' fees provided that if any of the Borrower Defendants defaults on any of their obligations to Plaintiff Abselet under the terms of their Settlement Agreement with him, that amount shall increase to $800,000.00 (eight hundred thousand dollars).

Plaintiff Abselet shall take nothing else by way of his Second Amended Complaint, however the Court shall retain jurisdiction to enforce the terms of the Settlement Agreement between Abselet, Nourmand, and the Borrower Defendants and the Court shall reopen this action for that purpose.

Nourmand, the Borrower Defendants, and Malibu have waived any rights to appeal this judgment. However, Plaintiff Abselet reserves rights to appeal the judgment as to Van Nuys and Soda.

Malibu's and Van Nuys' Cross-Claims:

Malibu's and Van Nuys' Cross-Claims against one another were by stipulation dismissed without prejudice.

Malibu and Van Nuys shall take nothing by way of their Cross-Complaints against one another.

Malibu's Third Party Claims Against LPS:

Malibu's Third Party Complaint against LPS was by stipulation dismissed without prejudice.

Malibu shall take nothing by way of its Third Party Complaint against LPS. SO ORDERED.

20120626

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.