San Francisco, CA
Business Lawyer at San Francisco, CA
Practice Areas: Business, Landlord & Tenant ... +6 more
OUTCOME: Jury verdict in favor of landlord
Landlord accused of renting an illegal unit in violation of Civil Code Section 1942.4 and other related claims. The former tenant was seeking over $1 million dollars in past rent and other damages. Su ... ccessfully argued that majority of claims were subject to 1-year statute of limitations. Jury found on each of those claims in favor of landlord.
OUTCOME: Defendants prevailed on all causes of action. Judith Bolter was awarded attorney fees and costs totaling $763,887
Mr. O'Brien served as second chair at trial representing the victorious defendants. In 2007, defendant Judith Bolter loaned plaintiff Robin Wilson $280,000 to help facilitate the construction of Wil ... son's home, which was an eco-friendly home and had been featured in a magazine. Wilson had originally approached Bolter's son, defendant Corey Bolter, who was employed by a licensed real estate broker, to secure a loan. Because plaintiff's home was already highly leveraged and was under construction, it was likely subject to unknown mechanic's liens, and Corey Bolter was unable to secure a loan from a traditional lender. Corey Bolter, under the supervision of his licensed broker, Cesar Buitrago of A.B. Real Estate, then began trying to secure a loan from a private lender. After failing to do so, he approached his mother, Judith Bolter. Judith Bolter agreed to lend plaintiff $280,000 at 15 percent interest. Mr. Buitrago suggested and set terms of the loan and approved it. The loan was closed with interest only payments for five years at 15 percent interest, with a balloon payment for the balance due after five years. Plaintiff contended the loan was usurious. Plaintiff also contended that the broker-arranged statutory exemption to usury laws did not apply because the loan was not actually arranged by a broker. Plaintiff speculated the broker was in fact a "rent-a-broker." Defendant contended after making payments for less than six months, plaintiff stopped making payments and responded to Judith Bolter's pleas for payment with hollow promises to pay. Finally, in 2014, Judith Bolter was forced to file a notice of default and notice of trustee's sale. In response, plaintiff filed a lawsuit. Defendant contended the loan was not usurious because it was arranged by a broker. Defendants further contended the defendant agents had not breached their fiduciary duties to plaintiff and had in fact gotten the best possible loan for plaintiff, given the circumstances.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
