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Real Property
Breach of Contract
Promissory Notes

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

John P. Farrell

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Robert J. Carlson
(Carlson & Cohen LLP)


Defendant

Bruce A. Nahin


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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