OSWA Development v. Porter
Dec 18, 2009OUTCOME: resolved in our client's favor, with an award of damages and attorneys fees, and sanctions against the opposing party and its counsel.
Mr. Porter was the seller and secured party in a seller-financed sale of real estate to a developer. After default, the developer sued to restrain the trustee's sale under the deed of trust securing th ... e debt. Just before hearing on motion to dismiss plaintiff's claims, plaintiff amended its claims to allege that the transaction was a partnership or joint venture, not a purchase and sale transaction. Just before a hearing on a motion for summary judgment to dismiss those claims, plaintiff sought to again amend its complaint to restrain the trustee sale. The court refused leave to again amend the complaint. On summary judgment, the plaintiff's claims were dismissed, our client was allowed to proceed with the trustees sale, our client was awarded a judgment in excess of $200,000 for damages and attorneys fees, and sanctions of more than $20,000 were imposed against the plaintiff's counsel.
