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

Filing 477

SECOND AMENDED JUDGMENT by Judge John F. Walter. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment is hereby awarded in favor of Plaintiff Abselet and against Defendants Alliance Lending Group, Inc., Solyman Yashouafar and Massoud Aaron Yasho uafar, jointly and severally, as follows: (1) in the sum of $5,986,580.20 with interest at the rate set forth below commecing on June 9, 2012, plus attorneys' fees and costs in the additional sum of $800,000.00, plus interest on that a mount at the rate as set forth below commencing 6/27/2012. (2) Said Defendants are further ordered to pay to Plaintiff Abselet the additional sum of $4,520.00 as attorneys' fees for the cost of the Motion to Enforce the Settlement; (3) Interest on all of said sums shall accrue at the rate of 6% per annum simple interest until paid in full. (See attached Judgment for further details). (jp)

Download PDF
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 CLOSED Case No.: CV11-00815 JFW (JEMx) Assigned to Hon. John F. Walter SECOND AMENDED 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] AMENDED JUDGMENT Doc. # CC-268796 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 Based on the stipulation between Plaintiff Abselet and the Borrower 12 Defendants for the entry of Judgment upon the Default of the Borrower Defendants 13 of their obligations under the Settlement Agreement previously approved by this 14 Court, and the Court having found the Borrower Defendants have defaulted on 15 those obligations to Plaintiff Abselet, Judgment is hereby awarded in favor of 16 Plaintiff Abselet and against Defendants Alliance Lending Group, Inc., Solyman 17 Yashouafar and Massoud Aaron Yashouafar, jointly and severally, as follows: 18 (1) in the sum of $5,986,580.20 with interest at the rate set forth below 19 commecing on June 9, 2012, plus attorneys’ fees and costs in the additional sum of 20 $800,000.00, plus interest on that amount at the rate as set forth below 21 commencing June 27, 2012. 22 (2) Said Defendants are further ordered to pay to Plaintiff Abselet the 23 additional sum of $4,520.00 as attorneys’ fees for the cost of the Motion to Enforce 24 the Settlement; 25 26 (3) Interest on all of said sums shall accrue at the rate of 6% (six percent) per annum simple interest until paid in full; 27 28 1 AMENDED JUDGMENT Doc. # CC-268796 v.1 1 (4) The Borrower Defendants having previously waived their right to 2 appeal, Plaintiff Abselet is entitled to immediately commence levy and other 3 enforcement of this Judgment against the Borrowers Defendants. 4 (5) Nothing in this Judgment diminishes Plaintiff’s rights, assignments to 5 Plaintiff and security interests conveyed to Plaintiff under the Settlement 6 Agreement. 7 (5) As to the Borrower Defendants, the Settlement and this judgment are 8 subject to specific enforcement by the Court as well as this judgment is enforceable 9 by contempt. The Court continues to retain jurisdiction to enforce the Settlement 10 and this judgment as to the Borrower Defendants. 11 Malibu’s and Van Nuys’ Cross-Claims: 12 Malibu’s and Van Nuys’ Cross-Claims against one another were by 13 14 15 stipulation dismissed without prejudice. Malibu and Van Nuys shall take nothing by way of their Cross-Complaints against one another. 16 Malibu’s Third Party Claims Against LPS: 17 Malibu’s Third Party Complaint against LPS was by stipulation dismissed 18 without prejudice. 19 Malibu shall take nothing by way of its Third Party Complaint against LPS. 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 SO ORDERED. 24 25 26 27 Dated: August 10, 2012 JOHN F. WALTER UNITED STATES DISTRICT COURT JUDGE 28 2 AMENDED JUDGMENT Doc. # CC-268796 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?