Richard Collins v. Dana Kellstrom, R.R. Gable, SCV Inc.
Published: May 27, 2000 | Result Date: Apr. 26, 2000 | Filing Date: Jan. 1, 1900 |Case number: PC014939 Arbitration – $65,000
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Robert J. Carlson
(Carlson & Cohen LLP)
Defendant
Facts
Plaintiff was a 25 percent owner of a commercial building that defendant's real estate brokerage occupied. Defendant failed to pay his rent and the building went into foreclosure. Defendant promised plaintiff to either cure default or, in the alternative after purchasing property from lender pay off a promissory note drafted in favor of the plaintiff and give the plaintiff a trust deed to the property. Plaintiff agreed to the terms and took one payment and the promissory note from the defendant. Plaintiff lost the property to the lender. Defendant purchased it from the lender but never paid the plaintiff on the promissory note or delivered a trust deed to the property to the plaintiff.
Damages
The value of the promissory note (in excess of $45,000) plus attorney fees and costs.
Other Information
In a four hour arbitration before George M. Dell, the arbitrator awarded the plaintiff $65,000. There had been a non-binding arbitration which awarded the plaintiff $59,000.
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