Judge: Linda S. Marks, Case: 2020-01153827, Date: 2022-08-24 Tentative Ruling

Motion for Summary Judgment and/or Adjudication filed by Dany Saar on 4/15/22

 

The Purchase Agreement is between RS Real Estate Plus as buyer and Dany Saar as seller; However, Pltf has also indicated in S/S No. 2 that Mr. Saar transferred his ownership of the property to the Dany Saar and Itzhara Saar Revocable Trust; The agreement at issue does not set forth the Saar Trust as the seller of record;

 

Additionally, Pltf has named both Defts RS Real Estate Plus, LLC and Raafat Salem; However the agreement was between Dany Saar and RS Real Estate Plus; Pltf makes no argument as to why the individual would be liable under the agreement;

 

Alleged damages are speculative and are not supported; Pltf cites to no law or any portion of the contract that would entitle him to the damages requested;

 

Further, there are triable issues of material fact which warrant denying the motion:  Defts dispute facts Nos. 2, 5-26;

 

Pltf has failed to sustain his burden; Deny motion – Deft to submit Proposed Order for Court’s signature.