Jose Luis Moreno and Rita Moreno v. Michael Herrera, H&S Holdings Company LLC; The Herrera Sindel Group, and Does 1 to 10, inclusive
Published: Jul. 7, 2017 | Result Date: Jun. 5, 2017 | Filing Date: Aug. 25, 2014 |Case number: KC067089 Bench Decision – $157,622
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Jesse J. Thaler
(Thaler Law)
Anthony P. Cara
(CDLG PC)
Defendant
Facts
Plaintiffs Jose Luis Moreno and Rita Moreno are unsophisticated, Spanish speaking individuals. While their house was in foreclosure, they heard an advertisement for refinance services and entered into a contract with defendants for a refinance. Plaintiffs believed they achieved a refinance. Unbeknownst to plaintiffs, they quitclaim deeded their house to defendants.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs claimed they were defrauded and entered into an illegal business transaction.
DEFENDANT'S CONTENTIONS: Defendants claimed the contract that plaintiffs and defendants entered into was valid and legal.
Settlement Discussions
The day of the first scheduled trial date, defendants extended an offer for $25,000. At the second scheduled trial date, the parties nearly stipulated to a $150,000 judgment for which acknowledgment of satisfaction would be filed after $50,000 in payments completed. Ultimately, the settlements fell apart.
Result
Judgment was found in favor of the plaintiffs and they were awarded $157,622.
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