James Hancock v. Robert Harris, Robert Barenfeld, et al.
Published: Jun. 10, 2000 | Result Date: Apr. 13, 2000 | Filing Date: Jan. 1, 1900 |Case number: SC058366 Bench Decision – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
David S. Olson
(Brooklyn Law School)
Facts
Plaintiff and defendant Harris entered into a stipulated judgment in a prior unlawful detainer action. In that
matter, the plaintiff was allowed to remain on the real property owned by defendant Harris. The stipulated
judgment provided that if defendant Harris received a bona fide offer to purchase the property, the plaintiff
could match the offer to purchase the property.
The second defendant, Barenfeld, made an offer to purchase the property, but the plaintiff refused to match the
offer to vacate the property, alleging that BarenfeldÆs offer was not bona fide. The court, in a prior writ of
possession proceeding filed by defendant Harris, agreed.
The plaintiff then commenced the instant action against the defendants for malicious prosecution of the writ
proceeding, abuse of process and negligent and intentional infliction of emotional distress.
Settlement Discussions
Plaintiff's original demand was for the defendants to pay off loans secured by the property and then transfer the property to the plaintiff along with a payment of $50,000, and in exchange the plaintiff would dismiss the case. The defendants did not make a counter offer. After the motion for summary judgment was served and filed, the plaintiff demanded $50,000 payment dismiss his complaint. The defendants offered $15,000 and that the plaintiff would have 60 days to vacate the property. The plaintiff rejected the offer.
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