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Fraud
Conveyance of Title

Gustavo Otzoy v. Elisabeth Schattauer, Lare Properties, LLC, and Efrain Juarez

Published: Aug. 11, 2023 | Result Date: May 18, 2023 | Filing Date: Apr. 21, 2021 |

Case number: 21AVCV00311 Bench Decision –  Defense

Judge

Stephen T. Morgan

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Faranak Faramarzipour
(Lioness Law Group )


Defendant

J. Steven Kennedy
(Law Offices of J. Steven Kennedy)


Facts

This case arose from a dispute regarding a conveyance of title.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that he conveyed title to his house in Palmdale to defendant Efrain Juarez because defendants agreed to pay him $165,000 for his house. Plaintiff contended that defendants committed fraud because they made this promise but never intended to pay him $165,000 and did not pay him $165,000.

Defendants contended that plaintiff got himself into a jam and bargained with his distressed property for defendants' assistance. Plaintiff was arrested based on alleged charges for assault with a deadly weapon. He was restrained from his house, which was occupied by his victim. The house was scheduled for a tax auction. Plaintiff had not paid property taxes on the house for more than ten years. The house was in poor condition and also encumbered with plaintiff's bail bond. After bailing himself out, plaintiff had approached his victim and was rearrested. Defendants testified that plaintiff begged them to "just take over the house" and offered to deed the property to defendants if they would help him obtain a private criminal defense attorney, resolve his bail bond obligation and help him get out of jail. Defendants presented evidence that they performed all of their obligations under their understanding with plaintiff and did help plaintiff get out of jail.

Result

Judgment for defendants.

Length

4 days


#141546

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