Howard L Abselet v. Alliance Lending Group, Inc. et al
Filing
460
***DOCUMENT STRICKEN*** AND IMAGE ORDERED REMOVED SEE TEXT ENTRY BELOW - DE 461 and 463***** 6/26/2012 (sr). (Main Document 460 replaced on 6/27/2012) (jp).
1
2
3
4
5
6
7
8
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: (310) 734-3200
Facsimile:(310) 734-3300
Email:
mneubauer@steptoe.com
Email:
redelson@steptoe.com
Attorneys for Plaintiff
HOWARD L. ABSELET
9
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
10
11
HOWARD L. ABSELET, an individual,
12
Plaintiff,
13
14
15
16
17
18
19
20
21
22
23
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.
24
25
26
27
28
[PROPOSED] JUDGMENT
Doc. # CC-261076 v.1
1
Plaintiff Howard L. Abselet (“Abselet”) having filed his operative Second
2
Amended Complaint against Defendants Hamid Joseph Nourmand (“Nourmand”),
3
Alliance Lending Group, Inc. (“Alliance”), Solyman Yashouafar (“S-Yashouafar”)
4
and Massoud Aaron Yashouafar (“M-Yashouafar”), Malibu Reconveyance, LLC
5
(“Malibu”), Van Nuys Plywood, LLC (“Van Nuys”), and Soda Partners, LLC
6
(“Soda”), Malibu and Van Nuys having filed Cross-Complaints against one
7
another, and Malibu having filed a Third Party Complaint against Third Party
8
Defendant LPS Agency Sales and Posting(“LPS”), IT IS HEREBY ORDERED,
9
ADJUDGED, AND DECREED that:
10
Plaintiff’s Claims:
11
The following of Plaintiff Abselet’s Claims were by stipulation dismissed
12
without prejudice against Alliance, S-Yashouafar and M-Yashouafar (collectively,
13
the “Borrower Defendants”):
14
Claim 1: Breach of Contract.
15
Claim 2: Enforcement of Personal Guaranty.
16
Claim 3: Money Had and Received.
17
Claim 4: Money Loaned.
18
Claim 8: Negligent Misrepresentation.
19
20
The following of Plaintiff Abselet’s Claims were by stipulation dismissed
without prejudice against Malibu:
21
Claim 6: Wrongful Foreclosure.
22
Claim 7: Declaratory Relief.
23
Claim 9: Negligence.
24
25
The following of Plaintiff Abselet’s Claims were by stipulation dismissed
with prejudice against Nourmand:
26
Claim 5: Fraud.
27
Claim 8: Negligent Misrepresentation.
28
Claim 10: Breach of Fiduciary Duty.
1
JUDGMENT
Doc. # CC-261076 v.1
Claim 11: Professional Negligence.
1
2
The following of Plaintiff Abselet’s Claims were adjudicated against
3
Plaintiff Abselet pursuant to Van Nuys’ and Soda’s motions for summary
4
judgment:
5
Claim 6: Wrongful Foreclosure.
6
Claim 7: Declaratory Relief.
7
8
9
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
10
Defendants, Plaintiff Abselet is the prevailing party as against the Borrower
11
Defendants, and the Borrower Defendants shall pay Abselet $450,000.00 (four
12
hundred fifty thousand dollars) as costs and attorneys’ fees provided that if any of
13
the Borrower Defendants defaults on any of their obligations to Plaintiff Abselet
14
under the terms of their Settlement Agreement with him, that amount shall increase
15
to $800,000.00 (eight hundred thousand dollars).
16
Plaintiff Abselet shall take nothing else by way of his Second Amended
17
Complaint, however the Court shall retain jurisdiction to enforce the terms of the
18
Settlement Agreement between Abselet, Nourmand, and the Borrower Defendants
19
and the Court shall reopen this action for that purpose.
20
Nourmand, the Borrower Defendants, and Malibu have waived any rights to
21
appeal this judgment. However, Plaintiff Abselet reserves rights to appeal the
22
judgment as to Van Nuys and Soda.
23
Malibu’s and Van Nuys’ Cross-Claims:
24
Malibu’s and Van Nuys’ Cross-Claims against one another were by
25
26
27
stipulation dismissed without prejudice.
Malibu and Van Nuys shall take nothing by way of their Cross-Complaints
against one another.
28
2
JUDGMENT
Doc. # CC-261076 v.1
1
Malibu’s Third Party Claims Against LPS:
2
Malibu’s Third Party Complaint against LPS was by stipulation dismissed
3
without prejudice.
4
Malibu shall take nothing by way of its Third Party Complaint against LPS.
5
SO ORDERED.
6
7
8
9
10
Dated: June 26, 2012
JOHN F. WALTER
UNITED STATES DISTRICT COURT
JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
JUDGMENT
Doc. # CC-261076 v.1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?