E-News

Granted. Expunged. Dismissed

Sharing is caring!

Together. Shaping the Future. I was honored to receive a Presidential Citation for Humanitarian Achievement from the Rotary Club of Los Angeles after my March 22 talk. “On his own we had an individual going to Uganda, adopting an orphanage and finding this young man Adolf in need and bringing him here to get treatment for his burns so that he could walk again. That’s exceptionally above “Service Above Self”, which is the Rotary motto,” said Jay Richardson, President of the Rotary Club of Los Angeles.

“For your humanitarian achievements in Uganda and for making the future brighter for Adolf Baguma in conjunction with the Grossman Burn Center. Your leadership and efforts promote Peace Through Service by demonstrating that fellowship and service truly can change the world,” reads the Citation. Solving Your Problems:Legal Help You Can Use.

Granted: Lis Pendens Expunged The Superior Court recently granted our Motion to Expunge Lis Pendens, filed in a lawsuit between two neighbors over an allegation that our client cut down trees on the plaintiff’s property. Plaintiffs filed and recorded a lis pendens in an effort to prevent our clients from selling the home that they had recently rehabbed. Although the dispute centered only on money damages arising from the cutting of trees, plaintiffs attempted to argue that a boundary dispute existed. At the hearing, even when we represented that we accepted the plaintiffs’ survey, opposing counsel still argued for the lis pendens. The lis pendens was clearly an attempt to extort a larger settlement by holding the property hostage.

The Court granted our motion and expunged the lis pendens. The property was then immediately sold. The parties are now in the process of settling the case. The Legal Help You Need:Real Estate and Business Litigation.

In another case a Los Angeles Superior Court judge recently granted our motion for reconsideration, reheard a prior demurrer and reversed its ruling. The court sustained (granted) our demurrer without leave to amend (meaning plaintiff cannot come back and try again). Our prior demurrer argued that the plaintiff was collaterally estopped from suing our client on a fraudulent conveyance cause of action since the alleged conveyor had already gone to trial and was not found to be a judgment debtor. The court denied our motion and the Appellate Court dismissed our writ of mandate.

We later demurrered on behalf of the conveyor based on res judicata, arguing that he had already gone to trial and had won. He therefore could not be liable in this lawsuit on the same allegations. The court sustained our without leave to amend with regard to this defendant. The court recognized that it had made an error on its first ruling and asked us to seek a rehearing. The court recognized that because it had dismissed the alleged conveyor, our other client (who received the conveyance) could therefore not be liable. On a re-hearing our client was dismissed and judgment was entered in favor of both of our clients.

Site design by ONE400