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Real Property
Quiet Title
Breach of Contract

Lee Soffer and Remodeling, Design & Management Inc. v. Melinda Rumph aka Mindy Rumph, Stephen Rumph, and the Rumph Family Trust

Published: Feb. 2, 2013 | Result Date: Apr. 23, 2012 | Filing Date: Jan. 1, 1900 |

Case number: PC049564 Bench Decision –  Plaintiff

Court

L.A. Superior Chatsworth


Attorneys

Plaintiff

I. Donald Weissman
(Weissman Law Firm)


Defendant

Robert H. Barnhill


Facts

In August 2010, Lee Soffer entered into a purchase and sale agreement with Melinda and Stephen Rumph for 10 pieces of property in Northern Los Angeles County for $30,000. Soffer made a $15,000 down payment and agreed to pay the Rumphs the balance within 60 days. The Rumphs signed quit claim deeds for the parcels and the titles were to be transferred to Soffer's company. However, Soffer then learned that the Rumphs were behind on property taxes and, as a result, four of the agreed upon parcels were to be auctioned via a tax lien sale. Soffer claimed that he entered an agreement with the Rumphs in which he would pay the outstanding property taxes. However, after the deal was signed, Soffer learned that the title of the six remaining parcels were in the name of the Rumph Family Trust. Soffer demanded that the Rumphs correct the deeds, but they refused. Even after Soffer paid the outstanding property taxes and lifting the impending tax lien sale, the Rumphs refused to transfer the titles on the six parcels unless he paid the $15,000 they claimed he owed under the original agreement.

Soffer then sued the Rumphs, claiming that their actions constituted breach of contract and fraudulent conveyance. He sought promissory estoppel, reformation of the contract, imposition of a constructive trust, and to quiet title on the properties.

The Rumphs denied all of Soffer's allegations, arguing that they did not breach their contract. They also filed a cross-complaint against Soffer for breach of contract, arguing that he still owed them $15,000.

Result

The Court ruled in favor of Soffer and quieted title on all 10 properties. Soffer was named the proper owner under a signed order and the Rumphs were required to sign new deeds on their properties.


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