Howard L Abselet v. Alliance Lending Group, Inc. et al

Filing 363

JUDGMENT by Judge John F. Walter. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: The following of Plaintiff Abselet's Claims were by stipulation dismissed without prejudice against Alliance, S-Yashouafar and M-Yashouafar. Defendants, Plaintiff Abselet is the prevailing party as against the Borrower Defendants, and the Borrower Defendants shall pay Abselet $__ as costs and attorneys' fees. Plaintiff Abselet shall take nothing else by way of his Second Amended Complaint (see attached Judgment for further details). (MD JS-6, Case Terminated). (jp)

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MARK A. NEUBAUER (SBN 73728)
REBECCA EDELSON (SBN 150464)
STEPTOE & JOHNSON LLP
2121 Avenue of the Stars, Suite 2800
Los Angeles, California 90067-5052
Telephone: [phone]
Facsimile:[phone]
Email:
[e-mail]
Email:
[e-mail]
Attorneys for Plaintiff
HOWARD L. ABSELET

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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HOWARD L. ABSELET, an individual,

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Plaintiff,

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JS-6

Case No.: CV11-00815 JFW (JEMx)
Assigned to Hon. John F. Walter
JUDGMENT

vs.
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

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

Defendants.
AND RELATED CROSS-CLAIMS.

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[PROPOSED] JUDGMENT
Doc. # CC-261076 v.1

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Plaintiff Howard L. Abselet (“Abselet”) having filed his operative Second

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Amended Complaint against Defendants Hamid Joseph Nourmand (“Nourmand”),

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Alliance Lending Group, Inc. (“Alliance”), Solyman Yashouafar (“S-Yashouafar”)

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and Massoud Aaron Yashouafar (“M-Yashouafar”), Malibu Reconveyance, LLC

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(“Malibu”), Van Nuys Plywood, LLC (“Van Nuys”), and Soda Partners, LLC

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(“Soda”), Malibu and Van Nuys having filed Cross-Complaints against one

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another, and Malibu having filed a Third Party Complaint against Third Party

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Defendant LPS Agency Sales and Posting(“LPS”), IT IS HEREBY ORDERED,

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ADJUDGED, AND DECREED that:

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Plaintiff’s Claims:

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The following of Plaintiff Abselet’s Claims were by stipulation dismissed

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without prejudice against Alliance, S-Yashouafar and M-Yashouafar (collectively,

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the “Borrower Defendants”):

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Claim 1: Breach of Contract.

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Claim 2: Enforcement of Personal Guaranty.

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Claim 3: Money Had and Received.

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Claim 4: Money Loaned.

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Claim 8: Negligent Misrepresentation.

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

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Claim 6: Wrongful Foreclosure.

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Claim 7: Declaratory Relief.

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Claim 9: Negligence.

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

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Claim 5: Fraud.

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Claim 8: Negligent Misrepresentation.

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Claim 10: Breach of Fiduciary Duty.
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JUDGMENT
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Claim 11: Professional Negligence.

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The following of Plaintiff Abselet’s Claims were adjudicated against

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Plaintiff Abselet pursuant to Van Nuys’ and Soda’s motions for summary

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judgment:

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Claim 6: Wrongful Foreclosure.

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Claim 7: Declaratory Relief.

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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

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Defendants, Plaintiff Abselet is the prevailing party as against the Borrower

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Defendants , and the Borrower Defendants shall pay Abselet $_________ as costs

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and attorneys’ fees.

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Plaintiff Abselet shall take nothing else by way of his Second Amended

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Complaint, however the Court shall retain jurisdiction to enforce the terms of the

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Settlement Agreement between Abselet, Nourmand, and the Borrower Defendants

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and the Court shall reopen this action for that purpose.

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Nourmand, the Borrower Defendants, and Malibu have waived any rights to

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appeal this judgment. However, Plaintiff Abselet reserves rights to appeal the

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judgment as to Van Nuys and Soda.

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Malibu’s and Van Nuys’ Cross-Claims:

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Malibu’s and Van Nuys’ Cross-Claims against one another were by

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stipulation dismissed without prejudice.
Malibu and Van Nuys shall take nothing by way of their Cross-Complaints
against one another.

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JUDGMENT
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Malibu’s Third Party Claims Against LPS:

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Malibu’s Third Party Complaint against LPS was by stipulation dismissed

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without prejudice.

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

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SO ORDERED.

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Dated: April 11, 2012

By:
JOHN F. WALTER
UNITED STATES DISTRICT COURT
JUDGE

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JUDGMENT
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