Fidelity & Deposit Company of Maryland v. Tomer Rotholz, Tsila Paz, et al.
Published: Mar. 2, 2004 | Result Date: Jan. 27, 2004 | Filing Date: Jan. 1, 1900 |Case number: BC280871 Bench Decision – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Michael J. Simkin
(Simkin & Associates Inc.)
Facts
The plaintiff provided a public works work completion bond to the defendant Tomer Rotholz. Rotholz defaulted on the bond and a judgment for approximately $1.5 million was subsequently obtained by default agreement. Rotholz also did not appear in this action. The defendants Ofer Dayan and Tomer Rotholz had a partnership whereby they would purchase lots, or houses to renovate or build, sell and divide the proceeds. This partnership had nothing to do with the underlying bond action. At some point, Dayan wanted to terminate their relationship. This included dividing five vacant lots in which they held title as tenants in common as to a 50 percent share. Before judgment was entered on the $1.5 million bond action, Rotholz arranged through escrow to sell or transfer the lots to third parties. This also involved an exchange of lots and Dayan taking a trust deed on one of the lots sold to a BFP. Two of these third parties were bonafide purchasers, one of the third parties was a relative by marriage. The transfers to the bonafide purchasers were found not to be fraudulent conveyances by the court.
Settlement Discussions
The defendant Dayan rejected the plaintiff's last offer to settle for $91,000 by way of a stipulated judgment made at trial. The plaintiff refused to accept $20,000 in August 2003. The plaintiff refused a settlement to sell vacant lots in question back to the defendant for $170,000. The plaintiff refused $10,000 offered by Dayan on the day of the trial.
Result
Judgment for the defendant Dayan after trial, and for Tsila Paz after summary judgment.
Other Information
The trial only proceeded against defendant Dayan. Dayan did not call any witnesses on his behalf.
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