Goodman/Shapiro v. National Psychiatric Services Inc. dba City of Angels Medical Center
Published: Feb. 19, 2000 | Result Date: Apr. 6, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC189717 Bench Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Arash Homampour
(The Homampour Law Firm PC)
Defendant
Facts
In July 1998, plaintiff and defendant entered into a fee agreement where plaintiff was retained as a non-exclusive agent to find a lender willing to lend defendant $4.2 million for the purchase of a parcel of real property from Tokai bank. The agreement called for the defendant to pay the plaintiff four percent of debt financing and payable when the financing commitment was issued. After the sale had been cancelled by Tokai Bank, the lender issue a condition loan to the defendant for $4.2 million to purchase the property. The defendant then sued Tokai for breach of contract and specific performance. Defendant settled the lawsuit with Tokai and had a chance to purchase the property but the lender supplied by plaintiff refused to loan at that point. When the plaintiff asked the defendant to pay the loan fee, the defendant refused arguing that the plaintiff had failed to secure a timely or unconditional financing commitment.
Settlement Discussions
The plaintiff offered to settled for $168,000. The defendant offered $15,000.
Other Information
The court applied the doctrine of judicial estoppel.
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