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Corporations
Breach of Contract
Breach of Duty; Breach of Davis-Stirling Act

Hector Rivera v. 4 Streets Co-op of RTE. 2 Inc., Jessica Alatorre, Isela Arce, Teresa Astacio, Lucila Galindo, Selfa Gallardo, Marta Herrera, Carmen Hunter, Gonzalo Maldonado, Alejandrino Parra, and Does 1 through 100

Published: Aug. 31, 2013 | Result Date: Jun. 14, 2013 | Filing Date: Jan. 1, 1900 |

Case number: BC467958 Verdict –  $1,002

Court

L.A. Superior Central


Attorneys

Plaintiff

R. Paul Katrinak

Daniel J. Bramzon

Matthew L. Brinton


Defendant

Michael M. Karsaz


Experts

Plaintiff

Alan Schantz
(technical)

Facts

In 2010, Hector Rivera ran for a board member position for 4 Streets Co-op of Rte. 2 Inc, a residential co-op where he resided. Rivera claimed that the board engaged in improper practices, while preventing other residents from running for board member positions. He further claimed that he was prevented from participating in a board management/training program, which made it impossible for him to run in the 2010 election.

Rivera sued 4 Streets Co-op of Rte. 2 Inc. and nine board members, arguing that the defendants violated the Civic Code. He also claimed that their actions violated co-op bylaws and a breach of duty.

The board members were dismissed before trial.

Contentions

PLAINTIFF'S CONTENTIONS:
Rivera argued that the board members rigged elections and used practices to keep new board members from being elected. They did this in order to control the allocation of the board's funds, which they used to renovate their own apartments.

DEFENDANT'S CONTENTIONS:
4 Streets denied Rivera's accusations and claimed that board complied with all relevant rules and statutes.

Damages

Rivera sought to have the 2010 election voided.

Result

The jury ruled in favor of Rivera and voided the 2010 election. It also awarded Rivera $1,002 in damages.

Deliberation

three hours

Length

one week


#93824

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