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Real Property
Quiet Title

Louise P. Ybarra, et al. v. Donald M. Padilla Jr., and related cross-actions

Published: Nov. 24, 2017 | Result Date: Nov. 1, 2017 | Filing Date: Jun. 10, 2015 |

Case number: BC584715 Bench Decision –  $893,250

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Michael L. Challgren
(The Challgren Law Firm)

Stewart J. Levin
(Stewart J. Levin, Attorney at Law)


Defendant

Richard I. Arshonsky
(Levinson, Arshonsky & Kurtz LLP)

Robert J. Spitz
(Law Office of Robert J. Spitz )


Facts

Louise Ybarra sued Donald Padilla and others.

Contentions

PLAINTIFF'S CONTENTIONS: Ybarra argued that she was suffering from a severe illness when she transferred her rental property to Padilla for $120,000 instead of for $850,000, the property's market value. Further, Ybarra argued that the defendants persuaded her to sign a Trust Deed on the rental property and on her residence in order to secure loans. Ybarra contended that the loan's proceeds were not distributed.

Result

The parties agreed to settle. Under the agreement, the brokers agreed to pay Ybarra $40,000, Padilla agreed to sell the property for $1,325,000, the current market value, and the defendants agreed to cancel the Deeds of Trust. Further, Ybarra agreed to receive $893,250 from the property's sale.


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