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).
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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: (310) 734-3200
Facsimile:(310) 734-3300
Email:
mneubauer@steptoe.com
Email:
redelson@steptoe.com
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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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
Doc. # CC-261076 v.1
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 $450,000.00 (four
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hundred fifty thousand dollars) as costs and attorneys’ fees provided that if any of
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the Borrower Defendants defaults on any of their obligations to Plaintiff Abselet
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under the terms of their Settlement Agreement with him, that amount shall increase
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to $800,000.00 (eight hundred thousand dollars).
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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
Doc. # CC-261076 v.1
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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: June 26, 2012
JOHN F. WALTER
UNITED STATES DISTRICT COURT
JUDGE
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JUDGMENT
Doc. # CC-261076 v.1
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