Escolar Documentos
Profissional Documentos
Cultura Documentos
22 OVdseas
Ovc:rseas ((,mier Service fSine-apore)
C('urier Service (SinQ:apore) Private.
Private, Ltd.
Ltd. (2003)
(2003) 113
113 Cal.Arp.4Th
Cal.Arp.4Th 1118,
1118, 1134:Galdjie
1134:Galdjie
33 :! \'.
v. Darwish (~OO.3)
(~OO.3) 11.'3 Cal.AppAth 1331, 1343.)
113 1343.)
66 "Residenti:Jl
"Residcnti;;ll Purchase
PurchaSe Agreement and Joint Escrow Instructions"
Instructions" in
in parricul:u·.
particlIl:u·. until
until some
some time
time
1111 had continued to fail TO provide Mara Escro\\ \vith a fully exeCUTed
execUTed copy
copy of
obhe purchase
The purchase
12
12 agreemenT. ?,i1s. r.fcLaurin
agreemem. l,/Is. STaTeS Ihat.
p-.fcLaurin SLaleS by- Ocrober
Ihm. by October 25, 2004,
2004, all
a1110an approval conditions
loan approval condilions had
had II
13
13 been met by :\1s. Samaan except for rhe
the pro\'ision of aa fully
futty executed
executed purchase
purchase agreement.
agreement. Base(
Basel
14
14- on this evidence. the Court finds Thar Zernik's noncompliance caused
thar Mr. Zemik's caused the
the delay
delay by
by Ms.
Ms.
15
1:5 Samacl11
Sama311 in rem()ving
remc\\"ing dle
Tbe appraisal contingency.
contingency-.
16
16 A~ of October 15, 2004, Ms. Samaan had fulfilled all obligatic\ns.
As obligaric'llls. except
except for
for removal
removal of
of
17 the appraisal contingency. The appraisal comingency could not be l"emoyed
removed until
until Ms.
Ms. Samaan
Samaan
18
18 recc:ivej k1all
receivc:J k1J.ll appro\-al.
aprro\-al. Approval
ApprO\·al ohhe Country\Vid~ had
of The loan was delayed because Countrywide had not
not
Ie,.
1~ recei\'cd a fully executed copy of the purchase agreement. Despire
rc:cei\'ed Despite multiple r~quests by
multiple requests by Victor
Victor
20
20 Parks and,..'or ::Vls.
Parks and,..'or ::v1s. Samaan to l\-Jara
J\'1ara Escrow to provide the executed.
exeClltc:d purcl13se
purcl1.1SC: J.greement,
agrc:emem, itit was
was
21
21 not provided until the late aftemoon or ewning of October 22,
not provided 2004 because
22,2004 because Mr.
Mr. Zemik
Zemik had
had not
not
22 signed "Residemial Purcl1:l:3e
signed or iniTialed rhe "Residential Purchase Agreement and Joint Escrow Instructions'·
InstrUCTions"' until
until
2a \ir. Parks
\1r. Parks :md
:'l11d :\ls. :\1cLaurin.
- L
, panies regarding
w"larding docllillents. mc'sT. aa statement
doclUllents. This fax reflected, aT mc'sT. staknwnt of
of future
future aCTion,
action, "which
"\vhich did
did
88 not
lWl occur wltil October 25,2004. "Jothing
\rothing in \1r. Zernik's fClx
t'clx indicated
indicated that
1hat he
he was
was canceling
canceling
,j
cj eSCrL1\\
cSCw\\ immediate1)'
immediatel;' or as of that or any date.
10
10 Finally'.
Finally. :'dL
~(r. Zernik's indncement claim. based
Zemik's fraudulent indncemcnt based on
on an
an allegedly
allegedly fraudulent
fraudulent loan
loan
14
14 on Ocwber 25, 2004 and final appro\-al
25,2004 29, 2004. before
appro\"al on October 29,2004. before the
the escrO\\"
escrO\\- c]clsing
cl()sing date
date of
of
15
15 ~ovember 1, 2004. ~h.
::Iovember ;-"h. S~U11aan
Sama..m has also pro"vided
provided uncontroverted evidence
evidence eSTablishing
establishing her
her
11:'
1t' current ability to
TO purchase the prL1peny.
pwpeny. (Canino Declaration.)
1"7
1"7 While there were dubious actions on both sides, it is uhimately
ultimately clear
clear thaI
that t\(r.
r-,[r. Zernik's
Zernik's
18
18 0\\"11 actions
0\\"11 caused the
The delay in loan apprO\dJ
apprO\dl and re-sulting
resulting delay in
in \ls.
\1s. Samaan's
Samaal1's ability
ability to
to
I Ll
jCl r~mo\"e
r~mo\-e the appraisal contingency-,
contingency, the concededly SC)]e-
SC.]e hasis
has is for 1\1r.
:t\1r. Zernik's
Zernik's cancellation
cancellation of
of
~o
20 ..:-scro\\". The evidence sbows thm
..:'scro\\-. thaT 1-1s.
l\As. Samaan was ready, \\"illing
\,-illing and able TO
TO compleTe
compleTe The
The
21
21 purchC\s~ by the 'November
purchJse November L 2004 c1os-ing
clos-jng dale :mJ is pr~sel1t1y
date ;mj presently ready, willing
willing and
and able
able as
as well.
well.
22 CO'!CLL'SIO'i
23
23 IT IS THEREFORE ORDERED that plaintiff~i\"ie
plaintiff:.Ji\"ie Samaan"s motion
motion for
for summary
summary
24
24 judgment is
judgment GRAJ\"TED and that judgment shall be emered fOI1hwith in favor
is GRAJ\TED ofNivie Sama:m
favor ofNivie Sama:m
25
25 and against
and againST defendE:O(
defendROt Joseph Zernik
Zemik on the single cause of action fClr
t"l1r specific perfc)j1nance.
perfl1J1nance.
26
26
JACOUFI 1t>,]1=" A rmlP-IIIP
27
27 DaTed: August
Dmed: August 9,2007
9, }007
Hon.
Han. Jacqueline
Jacqueline A.
A. Connor
Connor
.:s .JJudge
udge M'
ofd1e Superior Co
the Sup t'rior un
Coun
• J
MESSAGE:
INPROPRIA PERSONA
CCP 170.6 - JUDGE NEIDORF
NATURE OF PROCEEDINGS:
PLAINTIFF (NIVIE SAMAAN) MOTION FOR SUMMARY
JUDGMENT;
DEFENDANT'S (JOSEPH ZERNIK) MOTION TO LEAVE TO FILE
AMENDED COMPLAINT
INPROPRIA PERSONA
CCP 170.6 - JUDGE NEIDORF
NATURE OF PROCEEDINGS:
NATURE OF PROCEEDINGS:
INPROPRIA PERSONA
CCP 170.6 - JUDGE NEIDORF
NATURE OF PROCEEDINGS:
INPROPRIA PERSONA
CCP 170.6 - JUDGE NEIDORF
NATURE OF PROCEEDINGS:
INPROPRIA PERSONA
CCP 170.6 - JUDGE NEIDORF
NATURE OF PROCEEDINGS:
INPROPRIA PERSONA
CCP 170.6 - JUDGE NEIDORF
NATURE OF PROCEEDINGS:
MINUTES ENTERED
page 8 of 8 DEPT. WEI 08/09/07
COONTY CLERK