Yeriko Nitta, dba The Seacliff Motel v. RBC Americorp, Inc. and Thomas Rossi
Published: Jan. 1, 2000 | Result Date: Jan. 22, 1999 | Filing Date: Jan. 1, 1900 |Case number: SA9801654RA Bench Decision – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Robert P. Goe
(Goe, Forsythe & Hodges LLP)
Experts
Plaintiff
Mark E. Maurer
(technical)
Facts
In June 1995, plaintiff confirmed a Chapter 11 plan of reorganization (the "plan"). Defendant RBC Americorp, Inc. (RBC) received a junior deed of trust on plaintiff's motel. Defendant Rossi is a shareholder of RBC. Under the terms of the plan, the plaintiff made several representations and warranties. In March 1998, RBC notified plaintiff of plaintiff's defaults under the plan. RBC later caused a notice of default and election to sell under the deed of trust to be recorded with respect to the motel property. RBC then set a foreclosure sale of the motel for September 1998. Prior to the foreclosure sale, the plaintiff filed a complaint for declaratory relief, that plaintiff was not in breach of the plan, injunctive relief to stop the foreclosure sale, damages against Rossi for his alleged failure to comply with the plan and damages for Rossi's allged tortious interference with plaintiff's efforts to sell the motel. The plaintiff requested and obtained a preliminary injunction against the defendants relative to the foreclosure sale and pending resolution of the allegations contained in the complaint.
Settlement Discussions
The parties discussed a date certain for plaintiff to sell the Seacliff Motel but an agreement on a date could not be reached.
Other Information
Nonsuit granted five months after the case was filed. Defendants' oral motion to dismiss all claims for relief in the complaint against defendants was granted. The plaintiff failed to produce sufficient evidence to support such claims.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390