Recent Cases
RECENT RESULTS FOR CLIENTS
Fairbanks Capital Corp. adv. Sleazak
United States Court of Appeal, 9th Circuit
Case No. 04-17507
Client: Fairbanks Capital Corp.
Result Date: June 12, 2006
Sleazak sued Fairbanks for alleged violation of the Real Estate Settlement and Procedures Act. The District Court granted summary judgment for Fairbanks. The Ninth Circuit affirmed.
Select Portfolio Servicing fka Fairbanks Capital Corp. adv. Finn
Orange County Superior Court
Case No. 04 CC10111
Client: Select Portfolio Servicing
Result Date: May 5, 2006
Finn sued SPS for alleged failure to issue timely and accurate payoff demands. The Court granted SPS' motion barring Finn's class action claims under California's Unfair Competition Law because the evidence showed Finn suffered no harm. The Court then granted SPS' motion for summary judgment and $47,000 attorney fees.
Fremont Investment & Loan v. Motown Mortgage
American Arbitration
Case No. 72 148 01030 05 ARN
Client: Fremont Investment & Loan
Result Date: May 2, 2006
Fremont, a wholesale lender, filed an arbitration demand against Motown, a retail mortgage broker, under an Agreement pursuant to which Motown sold loans to Fremont. Fremont sustained $132,000 in damages due to false information in a Motown loan package. After a 1-day trial, the arbitrator awarded Fremont $132,000 plus $5,800 attorney fees and costs.
Lenders Foreclosure Services adv. Yang
Los Angeles Superior Court
Case No. BC 292682
Client: Lenders Foreclosure Services
Result Date: March 22, 2006
Yang sued Lenders on claims of negligence and fraud for wrongful foreclosure on her commercial property. Following a 10-day jury trial, the jury returned a verdict in favor of Lenders.
Value Home Loan adv. Stanley
San Diego Superior Court
Case No. GIS 19865
Client: Value Home Loan
Result Date: May 16, 2006
Stanley sued Value for allegedly breaching an agreement to cancel a foreclosure and failing to provide timely and accurate payoff demands. The Court granted Value's motion for summary judgment.
Reliable Trust Deed Services, J&G Bail Bonds adv. Raya
Los Angeles Superior Court
Case No. TC 019054
Clients: Reliable and J&G
Result Date: February 21, 2006
Raya sued Reliable and J&G to enjoin a foreclosure sale on the grounds J&G's request for a $36,100 payoff was excessive. Plaintiff claimed less than $4,000 was due. Following a 3-day bench trial, the Court found Raya owed J&G $37,175.90. The Court also awarded J&G $21,725 attorney fees and dismissed the action against Reliable.
Other Cases:
Bledsoe v. Watson, 30 Cal.3d 105
Andrews v. Agricultural Labor Relations Board, 28 Cal.3d 781