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 Yashouafar, 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 amount 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)

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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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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.

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[PROPOSED] AMENDED JUDGMENT
Doc. # CC-268796 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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Based on the stipulation between Plaintiff Abselet and the Borrower

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Defendants for the entry of Judgment upon the Default of the Borrower Defendants

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of their obligations under the Settlement Agreement previously approved by this

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Court, and the Court having found the Borrower Defendants have defaulted on

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those obligations to Plaintiff Abselet, Judgment is hereby awarded in favor of

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Plaintiff Abselet and against Defendants Alliance Lending Group, Inc., Solyman

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Yashouafar and Massoud Aaron Yashouafar, jointly and severally, as follows:

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(1) in the sum of $5,986,580.20 with interest at the rate set forth below

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commecing on June 9, 2012, plus attorneys’ fees and costs in the additional sum of

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$800,000.00, plus interest on that amount at the rate as set forth below

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commencing June 27, 2012.

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(2) Said Defendants are further ordered to pay to Plaintiff Abselet the

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additional sum of $4,520.00 as attorneys’ fees for the cost of the Motion to Enforce

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the Settlement;

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(3) Interest on all of said sums shall accrue at the rate of 6% (six percent) per
annum simple interest until paid in full;

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AMENDED JUDGMENT
Doc. # CC-268796 v.1

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(4) The Borrower Defendants having previously waived their right to

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appeal, Plaintiff Abselet is entitled to immediately commence levy and other

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enforcement of this Judgment against the Borrowers Defendants.

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(5) Nothing in this Judgment diminishes Plaintiff’s rights, assignments to

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Plaintiff and security interests conveyed to Plaintiff under the Settlement

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Agreement.

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(5) As to the Borrower Defendants, the Settlement and this judgment are

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subject to specific enforcement by the Court as well as this judgment is enforceable

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by contempt. The Court continues to retain jurisdiction to enforce the Settlement

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and this judgment as to the Borrower Defendants.

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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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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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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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SO ORDERED.

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Dated: August 10, 2012
JOHN F. WALTER
UNITED STATES DISTRICT COURT
JUDGE

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AMENDED JUDGMENT
Doc. # CC-268796 v.1