Case Results

Settlements, Judgements & Case Results 

Noteable Arcstone Settlements & judgments

 Wrongful Foreclosure APPEAL Win – Valbuena v. Ocwen – 2015 Los Angeles Superior Case- Our clients lost their home to foreclosure and were evicted by the bank. The banks motion to dismiss their lawsuit was initially granted. Our Attorneys successfully reversed the lower court’s decision against our clients on Appeal. The case focused on the Homeowner Bill of Rights violations by Ocwen Bank. The appeal was later published and has been used by Attorneys throughout California to help sue the Banks for Wrongfully Foreclosing on homeowners. The case was later settled by a confidential settlement (including a confidential monetary settlement), but we can say that the Clients are back in their home and title was returned to their name. To learn more about the case feel free to google the case name “Valbuena v. Ocwen” to read more. Attorneys Mark A. Gomez and  Peter Roble (as a law clerk at the time) all worked on the case and the appeal.

$421,000 Binding Mediation Judgment – Leiva v. Abea – 2017 Los Angeles Superior Court Case- Client had a 40% interest in a $1.8 million dollar property and was managing the property and rent income. Client sought a sale of the property or buy-out of her 40%. Our Attorneys filed a lawsuit for Quiet Title and Partition. Defendant responded with various arguments that would have decreased client’s share far below 40%. At mediation both parties agreed to a binding mediation determination where the judge ruled that client would be entitled to her 40% and Defendant would have a limited amount of time to buy her out or the property would be sold. Attorneys Cynthia Velasco and Mark A. Gomez worked on the case and mediation judgment.

$1 Million Dollar Judgment Recovered & Possession Of Client’s Home – 2016 Los Angeles County Case – Million Dollar Personal Residence of Client had been Wrongfully Foreclosed. Defendant lender was forced to pay Client a $1 Million Dollar Judgment along with returning title to Client which also had plenty of equity. An interpleader action was filed and the monies deposited with the court. To add to the issues there were renters in the subject property who refused to vacate. Our Attorneys responded to the interpleader filed by the Bond company and was able to have the judgment released to the client. In addition our Attorneys filed an eviction matter against the tenants and forced them to vacate the property so that the client could move back into his home finally after winning his case. Attorneys Josue C. Guerrero, Peter Roble and Stuart R. Simone worked on the two cases to get our client the results he wanted.

 $1 Million Dollar Partition & Quiet Title Lawsuit – Our Client, a hard working landscaper, used his neighbor’s credit to buy a home in 1996 without a written agreement. Client and neighbor were both put on title. Client paid for the mortgage and taxes which were low considering the eventual increase in value the home would gain while he lived in the property for the next 20 years. Initial price of the property was $137,996. At the time of litigation the property value had increased to above $1 Million free and clear with no mortgage (our Client estimated the home was worth $1.3 Million after home upgrades and renovations). The other party demanded HALF of the equity in the Property claiming that he had be ousted from the property and all monies our Client paid were essentially offset by the neighbors demand of fair market rent owed to him. Our Attorneys successfully argued and settled to buy out the other party’s interest for less than $300,000 which was less than half of what was originally demanded by the co-owner’s Attorneys.

$127,000 – vs. Ex-Boyfriend – 2017 – Quiet Title & Partition Case – Client’s ex boyfriend sued for Quiet Title claiming 100% ownership of the property. We filed an Answer and conducted lengthy discovery filings and responses before settlement was finally reached between the two parties. Client obtained everything she would have obtained if a judgment was ruled in her favor on multiple legal issues at Trial, without the cost of Trial. Attorney Josue C. Guerrero handled most of the matter and all of the negotiations, Peter Roble worked on client’s eviction matter with Stuart R. Simone supervising both matters.

$230,000 vs. Bank Of America2016 –  Wrongful Foreclosure case. Breach of contract of our client’s San Bernardino home. We filed the lawsuit, won the demurrer, proceeded with discovery and then settled the case at mediation. Bank of America started with a low settlement offer at the beginning of the case and then eventually at the end of the Mediation agreed to $230,000. Attorneys Ashlie E. Fox and Mark A. Gomez worked on the case.

$120,000 vs. JP Morgan CHASE Bank2014 – Wrongful Foreclosure of our clients’ Los Angeles home. Clients’ parents passed away at which time CHASE accepted some payments from Clients and then later rejected others. Additionally, Arcstone alleged that payments were misapplied and various Homeowner Bill of Rights laws were violated. A lawsuit was filed and after lengthy litigation a settlement between all of the parties was reached at mediation. Attorneys Ashlie E. Fox and Mark A. Gomez handled the case.

$100,000 vs JP Morgan CHASE Bank – 2013 – Wrongful Foreclosure of our client’s orange county home. This was the first Homeowner’s Bill of Rights case that Gomez & Simone settled under the new law that came into effect on January 1, 2013. We filed the lawsuit in early 2013 and without filing a response to our lawsuit CHASE agreed to settle the matter and make our client financially whole. Attorneys Ashlie E. Fox and Mark A. Gomez handled the case.

CASE RESULTS CONTINUED BELOW

 

Defendant/Landlord retained Arcstone Law in 2016, to defend him in a habitability lawsuit.  In the action six (6) of Defendant’s tenants were seeking to recover damages after having lived in an unpermitted garage under allegedly uninhabitable conditions.  In particular, the tenants were seeking to recover back rent, statutory damages, actual damages, moving expenses, punitive damages, and attorney’s fees- an alleged total of $825,000.00.  While the lawsuit was pending the Defendant/Landlord was not allowed to evict the tenants as any attempt at eviction would be considered retaliatory.

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Noteable Arcstone settlements & judgments, continued

 $500,000 Plus Attorney Fees TRIAL JUDGMENT – Baggia v. Baggia – 2017 Los Angeles Superior Court Case – $1.4 million dollar property was the subject of our client’s lawsuit against multiple related parties. Property was free and clear and client sought her 25% interest in the property, including back paid rent monies collected by defendants and set-offs from prior loans taken out by Defendants without Defendant receiving any of the proceeds. Arcstone Attorneys filed the lawsuit for Quiet Title, Partition and Accounting. Case eventually went to Trial where testimony for multiple parties was made and various documents and receipts were entered into as evidence.  The Trial Court ruled in FAVOR of our Client on all of the issues which amounted to approximately $500,000 in monetary damages to be paid from the sale of the property. In addition defendants were ordered to pay for client’s attorney’s fees and costs. Attorneys Cynthia Velasco and Stuart R. Simone worked on the case and conducted the Trial.

“Mom & Pop Landlord” Defense Case – Our Clients were sued for $825,000 for alleged habitability issues. After reviewing the facts and documents in more detail it was discovered that tenants did not provide Defendant with notice of the conditions of Subject Property prior to filing the lawsuit- a requirement in habitability cases.  Similarly, Defendant was able to produce circumstantial evidence indicating that Plaintiffs were contributing to the conditions of Subject Property, a common occurrence in Landlord Tenant cases. In deciding whether to continue litigating the matter, Defendant reviewed numerous jury verdicts from California.  Recent Los Angeles County jury verdicts range from $101,060.00 to $411,300.00.  A note worthy verdict came from an almost identical case with the same amount of Plaintiffs in the same area where the jury awarded $783,000.00, including attorney’s fees. At the mediation our Attorneys successfully settled the case for $105,000.00, each party to pay their own attorney’s fees. Our Clients were also able to remove the tenants for new paying tenants and have since retained the services of a Professional Management company to avoid similar litigation in the future.  

Short Term Divorce Case $265,000 Settlement– Our Client was in Divorce litigation for over two years for a five year marriage. The main issue of contention was a Million Dollar home in West Hollywood which was deeded to our Client prior to the Marriage. The other Spouse argued they transferred title for “estate planning purposes” but did not intend to give the property to our Client. Attorney Mark Gomez worked the case after prior counsel was unsuccessful at getting a settlement offer above $100,000 for the Client. After three months of intense litigation and negotiations our Attorney was able to get a $265,000 settlement plus a waiver of approximately $200,000 in rental credits owed to the other Party for rental value of the home during litigation. 

Judicial Foreclosure Los Angeles – Our client sold their motel with a carry back second mortgage secured by the property. The buyer refused to pay our client on the second mortgage and claimed that revenue numbers had been “misrepresented” by our clients. We filed a judicial foreclosure action and reached a settlement with the buyers where the buyer agreed to pay our client the originally agreed amount owed in addition to our Client’s attorney’s fees and costs for having to file the judicial foreclosure action. Attorneys Vanessa Oliva and Mark A. Gomez worked on the case.

Relieved Prior Trustee & Had Court Appoint Client As Trustee2016Los Angeles Superior Court – Client was beneficiary under relative’s Trust and wished to have the subject property sold and proceeds distributed as per the Trust Agreement. The Trustee at the time was negligent in maintaining the property and allowed a void lien to be placed on the property by their nephew. Arcstone filed a motion to relieve the Trustee and have our Client substituted in as the current Trustee. Order was granted and property sold by our client thereby protecting our client’s interest in their inheritance under the Trust.

Landlord – Tenant Matters – Arcstone has handled hundreds of Landlord-Tenant matters. Including defending our clients from evictions, filing evictions for “mom & pop” landlords, defending habitability cases, filing habitability cases, filing cases for wrongful eviction and damages to property, commercial evictions etc.

Sale Date Postponements – Arcstone has successfully negotiated with banks to push sale dates so that our clients’ homes were not immediately foreclosed. Arcstone files a lawsuit (or opens probate) and then contacts the lender and we communicate our interest in having the sale date continued either through mutual agreement or by court order if necessary.

Our Expert Team

Our Team Of Southern California Attorneys Ready To Help You Today

Arcstone Law was established as a Foreclosure Defense Law Firm helping homeowners sue the banks after the mortgage meltdown of 2008. During that time the efforts of our lawyers were recognized and published by the State of California as precedence for other attorneys to rely on. Today our team of lawyers have grown, and our practice areas now include contract law, purchase/sales, quiet title litigation, partition actions, bankruptcy, eviction law, probate, divorce law (where Real Property is at issue) estate planning, business law and personal injury. 

We focus everyday on providing high quality legal representation for our community and we dedicate ourselves to our clients and their cases. Whether you need legal assistance in Eviction Court, Probate Court, Federal Court, Bankruptcy Court or Appellate Court, there is no challenge that our experienced legal team is not ready to assist with. We have won thousands of cases and obtained millions of dollars in judgments and settlements for our clients. Call us today to schedule your consultation with a licensed attorney. 

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