Preview
Electronically FILED by
Jason T. Riddick (SBN 235980) Superior Court of California,
RIDDICK LAW APC County of Los An ge les
Jason@Riddick-Law.com 3/25/2024 8:36 PI
David W. Slayton,
30745 Pacific Coast Highway, # 353 Executive Officer/Clerk of Court,
Malibu, California 90265 By C. Haroutunian, Deputy Clerk
Tel: (424) 323-4545
Attorneys for Plaintiff Delane Parnell
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES - NORTHWEST
DISTRICT
10
(VAN NUYS EAST)
11
Delane Parnell CaseNo. 24%
EC ¥O01353
Plaintiff,
13 COMPLAINT FOR:
UO:
ent =
v
14 (1) SPECIFIC PERFORMANCE OF
13060 Otsego St LLC; Does 1-20 PURCHASE AGREEMENT (REAL
PROPERTY);
Defendants. (2) BREACH OF CONTRACT; AND
2 16 (3) BREACH OF THE IMPLIED COVENANT
OF GOOD FAITH AND FAIR DEALING
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1
COMPLAINT FOR SPECIFIC PERFORMANCE
Plaintiff Delane Parnell (“Parnell” or “Plaintiff’) alleges as follows:
I Jurisdiction, Venue, and Parties
1 Defendant 13060 Otsego St LLC (“Defendant” or “Seller”) is a California limited
liability company having his principal place of business in the City of Los Angeles, County of Los
Angeles, State of California at 47 BASSWOOD AVE OAK PARK, CA 91377.
2 This lawsuit arises from the failure of Defendants to perform contractual obligations
in Los Angeles County with respect to the real property at 13060 Otsego St, Sherman Oaks, CA
91423 (the “Property”) under that certain New Construction Purchase Agreement and Joint Escrow
Instructions dated December 26, 2023 between Plaintiff and Defendant, and all signed addendums
10 thereto (collectively, the “Purchase Agreement”). The legal description of the Property is:
11 a. Address:13060 OTSEGO ST; LOS ANGELES, CA 91423-1625; LOS
12 ANGELES COUNTY
13 Subdivision / Tract: 16323
UO:
ment S 14 Legal Book / Page: 374-28
15 APN: 2358-011-014
16 Legal Lot: 30
| 17 3 Plaintiff is an individual residing in the County of Los Angeles.
|
18 4 Plaintiff is informed and believe, and based thereon allege, that Does 1-20, at all
19 relevant times relevant were acting as the partners, agents, servants, employees, alter egos, clients,
20 successors or predecessors in interest, or contractors of the Defendant, and unless alleged otherwise,
21 were acting within the course and scope of such relationship, with the knowledge, express or
22 implied, of the named Defendant, and that the named Defendant has approved and ratified the acts
23 of all defendants. The fictitious defendants herein are sued pursuant to the provisions of C.C.P. §
24 474. Plaintiff is informed and believes, and thereon alleges, that each such fictitious defendants are
25 in some way responsible for, participated in or contributed to the matters and things of which
26 Plaintiff complains herein and, in some fashion, has legal responsibility therefor. When the true
27 names of such fictitious defendants and, as appropriate, their respective interests in said property or
28 their responsibility for, participation in, and contribution to the matters herein alleged are
2
COMPLAINT FOR SPECIFIC PERFORMANCE
ascertained by Plaintiff, Plaintiff will seek leave to amend this complaint to set forth the same. Such
fictitious defendants, along with the named defendants, shall be referred to as "Defendants” or
“Sellers”)
5 Venue is appropriate because the subject Property is located in the City of Los
Angeles, within Los Angeles County.
6. Prior to filing this Complaint, Plaintiff made a demand for mediation on Defendants
pursuant to Paragraph 43(A)-(B) and 44(C) of the Purchase Agreement. As of the filing of
this action, Defendants have not agreed to submit the dispute to mediation. Plaintiff also
allege that the pre-action mediation provision has an exception in the mediation provision
10 for purposes of filing an action for specific performance and recording of a notice of
11 pendency of action (/is pendens) under Paragraph 44(C) of the Purchase Agreement.
12 Plaintiff has submitted this dispute to mediation and seeks to stay the litigation pending mediation /
13 arbitration. Plaintiff reserves any and all rights regarding the alternative dispute provisions under
UO:
ment S 14 the Purchase Agreement nor does Plaintiff waive any rights.
15 FIRST CAUSE OF ACTION
16 (Specific Performance)
| 17 (Against 13060 Otsego St LLC and Does 1-20)
|
7
18 Plaintiff incorporates by reference and realleges the allegations as set forth above.
19 8 In or around December of 2023, Plaintiff
and Seller entered into the Purchase
20 Agreement, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein
21 by reference.
22 9 Among other things, Plaintiff deposited $300,000 towards the purchase price
23 of $3,732,500 which was disbursed to Seller so that Seller could install a number of agreed
24 finishes (“Buyer Finishes”) prior to the close of escrow, as detailed n the punchlist included
25 with the Purchase Agreement. Seller has refused to install the Buyer Finishes as agreed, and
26 is unlawfully demanding that Buyer close escrow before the Buyer Finishes have been
27 installed, and be content with inferior, incomplete, and commercially inappropriate finishes.
28 Seller alternatively threatens to sell the Property to another Buyer in contravention of the
3
COMPLAINT FOR SPECIFIC PERFORMANCE
Purchase Agreement and take this dispute to “mediation” while selling the Property out
from under Plaintiff.
10. Although Seller was supposed to complete installation of the Buyer Finishes,
Seller has failed and refuses to do so. Plaintiff has fulfilled all of his obligations and more
under the Purchase Agreement, except those excused or rendered impractical or impossible
by Defendants’ breaches described herein. Plaintiff has been, is and remains willing to
purchase the Property pursuant to the terms and conditions of the Purchase Agreement,
except for those conditions which have been waived, equitably excused, or for which time
of performance was expressly or implicitly extended due to Seller’s breaches. By reason of
10 Seller’s breaches, Plaintiff is entitled to a judicial decree compelling Defendants to convey
11 to Plaintiff the Property under the terms and conditions set forth in the Purchase Agreement,
12 except for those conditions that have been waived, equitably excused, or for which time of
13 performance was expressly, implicitly or equitably extended due to Seller’s breaches.
UO:
ment S 14 11. Pursuant to the terms of the Purchase Agreement, Plaintiff is entitled to
15 recover his reasonable attorneys' fees and expenses incurred in the event of Seller’
2 16 breach and/or to enforce the terms of the Purchase Agreement. As a result of Seller’s
| 17 breaches, it has become necessary for Plaintiff to employ attorneys to commence and
|
18 prosecute this action to compel performance of the Purchase Agreement. Plaintiff is
19 entitled to recover from Seller the amount of reasonable attorneys' fees and costs incurred in
20 this action and other proceedings, as agreed.
21 SECOND CAUSE OF ACTION
22 (Breach of Contract)
23 (Against Seller and DOES 1-20)
24 12. Plaintiff incorporates by reference and reallege the allegations as set forth
25 above.
26 13. Pursuant to the Purchase Agreement, and amendments thereto, Seller was
27 required to complete and sell the Subject Property at the agreed upon price to
28 Plaintiff after installing the Buyer Finishes
4
COMPLAINT FOR SPECIFIC PERFORMANCE
14. Seller breached the Purchase Agreement and the amendments thereto by
refusing to install the Buyer Finishes and sell the Property to Plaintiff thereafter at the
agreed upon price.
15. By reason of Defendants’ breaches, Plaintiff is entitled to damages in an
amount to be proven at trial. Such damages have not yet been ascertained in detail, but are
believed to be in excess of the jurisdictional minimum of the Court.
THIRD CAUSE OF ACTION
(Breach of the Implied Covenant of Good Faith and Fair Dealing)
(Against Seller and DOES 1-20)
10 16. Plaintiff incorporates by reference and reallege the allegations as set forth
11 above.
12 17. The Purchase Agreement contains an implied covenant that Seller would
13 act in good faith and fair dealing with Plaintiff.
UO:
ment S 14 18. Defendant/Seller breached the implied covenant of good faith by, among other
15 things, failing to perform under the Purchase Agreement by delivering the Property to
2 16 Plaintiff with the Buyer Finishes Installed, and also attempting to keep the substantial sum
| 17 paid for installation of same, and sell the property to other buyers. Instead of adhering to
|
18 such implied covenant, Defendants breached the covenant of good faith and fair dealing
19 causing Plaintiff harm and damage.
20 19. By reason of Seller’s breaches of the implied covenant of good faith and
21 fair dealing, Plaintiff is entitled to damages in excess of the jurisdictional minimum.
22 PRAYER FOR RELIEF
23 (For All Causes of Action)
24 WHEREFORE, PLAINTIFF DELANE PARNELL prays for judgment against
25 DEFENDANTS 13060 OTSEGO ST LLC and DOES 1-20 and each of them as follows:
26 ON THE FIRST CAUSE OF ACTION
27 1 That Seller be ordered to execute and deposit with the escrow agent a
28 certificate of occupancy, and deed sufficient to convey the Property to
5
COMPLAINT FOR SPECIFIC PERFORMANCE
Plaintiff (“Deed”), on the terms and conditions set forth in the Purchase
Agreement, minus offsets, after the Buyer Finishes have been installed as agreed;
2 That if Defendants refuses to execute and deposit such certificate of
occupancy sufficient to convey the Subject Property to Plaintiff after performance of the
Purchase Contract, then
Plaintiff pray for a Court order directing the Clerk of the Court to execute
and deliver such a deed, or, in the alternative, that the Court appoint a
receiver to execute and deliver such deed;
1 For damages and offsets caused by Seller’s breaches;
10 2 For costs of suit incurred herein reasonable attorneys’ fees, to the extent
11 allowed by law; and
12 3 For such other and further relief and the court may deem just and proper.
13 ON THE SECOND CAUSE OF ACTION
UO:
ment S 14 1 For judgment against Defendants, and each of them, in an amount to be fully
15 proven at trial;
2 16 For costs of suit incurred herein reasonable attorneys’ fees, to the extent
| 17 allowed by law; and
|
18 3 For such other and further relief and the court may deem just and proper.
19 ON THE THIRD CAUSE OF ACTION
20 1 For judgment against Defendants, and each of them, in an amount to be fully
21 proven at trial;
22 For costs of suit incurred herein reasonable attorneys’ fees, to the extent
23 allowed by law; and
24 3 For such other and further relief and the court may deem just and proper.
25 ON ALL CAUSES OF ACTION
26 1 A constructive trust is imposed as to all Defendants as constructive trustees
27 who have possession of Plaintiff's 3000,000 in funds that are being held for
28 Plaintiff's benefit.
6
COMPLAINT FOR SPECIFIC PERFORMANCE
2 For such other relief as the Court deems just and proper
DATED: March 25, 2024 RIDDICK LAW APC
wwGfoeen bldc
Attorneys for Plaintiff Delane Parnell
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ment S 14
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7
COMPLAINT FOR SPECIFIC PERFORMANCE
Exhibit A
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vet 2
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COMPLAINT FOR SPECIFIC PERFORMANCE
=
DocuSign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93
CALIFORNIA BUYER COUNTER OFFER No. 2
ASSOCIATION (C.A.R. Form BCO, Revised 6/23)
OF REALTORS!
Date January 16, 2024
This is a counter offer to the Seller Counter Offer No. 2_,OR [Seller Multiple Counter Offer No. (Other
(‘Offer’)
Ji a inuary 15, 2024 13060 Otsego St, Sherman Oaks, CA 91423 (“Property”)
between Delane Parnell (‘Buyer’)
and 13060 Otsego St LLC (‘Seller’).
Buyer and Seller are referred to as the "Parties.
4 TERMS: The terms and conditions of the above referenced document are accepted subject to the following
A. The Liquidated Damages and Arbitration of Disputes paragraphs in the Offer each require initials by all Parties. If either of
those paragraphs is not initialed by all Parties, that paragraph is excluded from the final Agreement unless specifically
referenced for inclusion in paragraph 1D of this or another Counter Offer or an addendum.
Unless Otherwise Agreed or altered in another Counter Offer, down payment and loan amount(s) will be adjusted in the same
proportion as in the original Offer, but the dollar amount of any initial and increased deposit and Seller credits shall remain
unchanged from the original Offer.
Unless Otherwise Agreed or altered in another Counter Offer, if in the original offer (such as paragraph 3L(2) of the RPA) the
appraisal contingency amount is lower than the original offered price, then the dollar amount of any difference (“Appraisal
Gap”) shall remain unchanged and be deducted from the final contract price to create the final appraisal contingency amount.
(For example, if the purchase price in the offer is $1,000,000, and Buyer reduces the appraisal contingency value to $950,000,
the “Appraisal Gap” is $50,000. If the purchase price is increased to $1,200,000 as a result of this counter offer, the appraisal
contingency value shall be adjusted to $1,150,000 ($1,200,000 less $50,000). If the property appraises below $1,150,000,
Buyer may exercise the appraisal contingency right to cancel this Agreement.)
OTHER TERMS: -Seller to credit buyer $2600 towards buyer's recurring and non-recurring closing costs.
-Seller will not be responsible to provide an additional home warranty plan for $1800. Standard one year fit and finish
warranty and other previously agreed to builder warranties to remain in effect.
-Prior to COE, seller agrees to have temporary power pole removed, and power connected directly the house and
main panel. Any delay in electrical connection as a result of LADWP delays, after the electrical permit has been
finalized, is of no fault to the seller and the seller will not be considered to be in default of the contract.
The following attached addenda are incorporated into this Buyer Counter Offer only when Signed by both Parties (if both
Parties do not Sign and Deliver all attached addenda then any acceptance of this Buyer Counter Offer is not valid)
Addendum No.
EXPIRATION: This Buyer Counter Offer shall be deemed revoked and the deposits, if any, shall be returned:
A. Unless by 5:00 PM on the third Day after the date this Buyer Counter Offer is signed in paragraph 3 (if more than one
signature then, the last signature date)(or Oo by (JAM/_] PM on (date)) (i) it is Signed in paragraph 4 by
Seller and (ii) a copy of the Signed Buyer Counteroffer is Delivered to Buyer or Buyer's Authorized Agent.
B. OR If Buyer withdraws this Buyer Counter Offer anytime prior to Seller's Acceptance by communicating withdrawal to Seller or
Seller's Agent (C.A.R. Form WOO may be used).
OFFER: BUYER MAKES THIS COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY.
BY MAKING THIS COUNTER OFFER, ANY PREVIOUS OFFER OR COUNTER OFFER CAN NO LONGER BE ACCEPTED.
2
The ter andigenditions of those documents are incorporated into this Buyer Counter Offer unless Otherwise Agreed.
Buyer Dulane Parwll Delane Parnell Date 1/16/2024
Buyer -FBAEB2059880433. Date
ACCEPTANCE: I/WE accept the above Buyer Counter Offer and all Signed Addenda, if any, (If checked [|] SUBJECT TO THE
ATTACHED SELLER COUNTER OFFER No. OR SELLER MULTIPLE COUNTER OFFER No. and acknowledge
receipt of a Copy.
Seller 13060 Otsego St LLC Date
Seller Date
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this
form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE
CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC
TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE,
CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California
Association of REALTORSS. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by
members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics
L Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS®
c 525 South Virgil Avenue, Los Angeles, California 90020 cee
ese
BCO REVISED 6/23 (PAGE 1 OF 1)
BUYER COUNTER OFFER (BCO PAGE 1 OF 1)
eXp Realty of California, Inc., 2603 Camino Ramon Suite 200 San Ramon CA 94583 Phone 8186322296 13060 Otsego St~
Bradley Gilboe Produced with one Wot Traneactons (2ipFom Editon) 717 N Harwood St, Suite 2200, Dallas TX 75201 _wtuwolcom
Docusign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93
ss
CALIFORNIA SELLER COUNTER OFFER No. 2
ASSOCIATION May not be used as a multiple counter offer.
OF REALTORS® (C.A.R. Form SCO, Revised 6/23)
Date 01/15/2024
This is a counter offer to the Purchase Agreement, OR X | Buyer Counter Offer No. 1 . [J Other (‘Offer’),
dated 01/12/2024 , on property known as 13060 Otsego St, Sherman Oaks, Ca 91423 (‘Property’),
between Delane Parnell (‘Buyer’)
and 13060 Otsego St Lic (‘Seller’).
Buyer and Seller are referred to as the "Parties."
4 TERMS: The terms and conditions of the above referenced document are accepted subject to the following:
A. The Liquidated Damages and Arbitration of Disputes paragraphs in the Offer each require initials by all Parties. If either of
those paragraphs is not initialed by all Parties, that paragraph is excluded from the final agreement unless specifically
referenced for inclusion in paragraph 1D of this or another Counter Offer or an addendum.
Unless Otherwise Agreed or altered in another Counter Offer, down payment and loan amount(s) will be adjusted in the same
proportion as in the original Offer, but the dollar amount of any initial and increased deposit and Seller credits shall remain
unchanged from the original Offer.
Unless Otherwise Agreed or altered in another Counter Offer, if in the original offer (such as paragraph 3L(2) of the RPA) the
appraisal contingency amount is lower than the original offered price, then the dollar amount of any difference (“Appraisal
Gap”) shall remain unchanged and be deducted from the final contract price to create the final appraisal contingency amount.
(For example, if the purchase price in the offer is $1,000,000, and Buyer reduces the appraisal contingency value to $950,000,
the “Appraisal Gap” is $50,000. If the purchase price is increased to $1,200,000 as a result of this counter offer, the appraisal
contingency value shall be adjusted to $1,150,000 ($1,200,000 less $50,000). If the property appraises below $1,150,000,
Buyer may exercise the appraisal contingency right to cancel this Agreement.)
OTHER TERMS: See Text Overflow Addendum (C.A.R. Form TOA) paragraph 1
The following attached documents are incorporated into this Seller Counter Offer when Signed and Delivered by both Parties
(if both parties do not Sign and Deliver all attached addenda, then any acceptance of this Seller Counter Offer is not valid)
Addendum No. 4__(C.A.R. Form ADM)
Back Up Offer Addendum (C.A.R. Form BUO)
Seller License to Remain in Possession Addendum (C.A.R. Form SIP) (occupancy up to 29 days)
Seller Purchase of Replacement Property (C.A.R. Form SPRP)
Tenant Occupied Property Addendum (C.A.R. Form TOPA)
Residential Lease After Sale (C.A.R. Form RLAS) (occupancy for 30 or more days)
Seller Intent to Exchange Addendum (C.A.R. Form SXA)
Other (J Other
EXPIRATION: This Seller Counter Offer shall be deemed revoked and the deposits, if any, shall be returned:
A. Unless by 5:00 PM on the third Day after the date this Seller Counter Offer is signed in paragraph 4 (if more than one signature
then, the last signature
date)(orby AM/ PM on (date)) (i) it is Signed in paragraph 5 by Buyer and
(ii) a copy of the Signed Seller Counter Offer is Delivered to Seller or Seller's Authorized Agent.
B. OR If Seller withdraws this Seller Counter Offer anytime prior to Buyer's Acceptance by communicating withdrawal to Buyer or
Buyer's Agent (C.A.R. Form WOO may be used).
C. OR If Seller accepts another offer prior to Buyer's Acceptance of this Seller Counter Offer.
MARKETING TO OTHER BUYERS: Seller has the right to continue to offer the Property for sale. Seller has the right to
accept any other offer received, prior to Acceptance of this Counter Offer by Buyer as specified in 2A and 5. In such event,
Seller is advised to withdraw this Seller Counter Offer before accepting another offer.
OFFER: SELLER MAKES THIS COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY.
BY MAKING THIS COUNTER OFFER, AN’ ($Qid&,OFFER OR COUNTER OFFER CAN NO LONGER BE ACCEPTED.
The terms and conditions of those document ‘Gai? eggpporated into this Selle: Counter Offer unless Otherwise Agseed.
Seller 13060 Otsego St Lic Date
TRBTOESBCATER
Seller Date
ACCEPTANCE: I/WE accept the above Seller Counter Offer (If checked Kk] SUBJECT TO THE ATTACHED BUYER COUNTER
OFFER No.BCO2_)vand-atiendwiedge receipt of a Copy.
1/16/2024
Buyer lowe Delane Parnell Date
Buyer ‘Sreacs2cs9a80439 Date
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S, Code) forbids the unauthorized distribution, display and reproduction of this
form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats, THIS FORM HAS BEEN APPROVED BY THE
CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC
TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE,
CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California
Association of REALTORSS. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by
members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
L Published and Distributed by:
L REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS®
© 525 South Virgil Avenue, Los Angeles, California 90020
Sram
SCO Revised 6/23 (PAGE 1 OF 1)
SELLER COUNTER OFFER (SCO PAGE 1 OF 1)
World Of Luxury Estates, 9465 WILSHIRE BLVD SUITE 300 Beverly Hills CA 90212 Phone: 4248277177 13060 Otsego St
Brielle Bacal Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 ve com
8
DocuSign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93
ALIFORNIA
SOCIATION TEXT OVERFLOW ADDENDUM No. 1
OF REALTORS® (C.A.R. Form TOA, Revised 6/23)
This addendum is given in connection with the property known as 13060 Otsego St, Sherman Oaks, Ca 91423
TRACT # 16323 LOT 30 (‘Property’),
in which Delane Parnell is referred to as (“Buyer/Tenant’)
and 13060 Otsego St Lic is referred to as (“Seller/Housing Provider’).
1) SCO, Paragraph 1D, Other Terms:
1. As for Addendum #4 we are in agreement on items 1- 6, 8-12, 14-15, 17-21, & 25 in SCO#1.
2. Regarding #7 COE to be February 26, 2024 or earlier as long as signatures from the city on the inspection card called final
inspections is signed off. 3. Regarding #13 Seller agrees to physical inspection 10 days starting 2/15/24. Inspections are for
informational purposes only. No credits and no discounts will be given on purchase price. However seller will repair whatever
is necessary on punch list of inspection findings. 4. Seller will pay for a one year home warranty of $1800 per first year only
and be responsible for first year fit & Finish warranty. 5. #22 on ADM 4 is agreed but Brielle Bacal may post pictures on her
Instagram and Facebook if needed towards completion of construction. 6. #23 in ADM# 4 in mutual agreement. 7. #24 in ADM#
4 relating to #7 COE, Escrow will close as long as the final inspection card is signed off on. Seller is not in control of how
long it will take for COO. Therefore, as long as final inspection card is signed off by the city, Buyer will close escrow. 8.
Seller reserves the right to extend escrow if necessary up to 2 weeks if needed.
The foregoing terms and conditions are hereby incorporated in and made a part of the paragraph(s) referred to in the
document t this: TOA is attached. The undersigned acknowledge receipt of a copy of this TOA.
1/16/2024
Buyer/Tenai t Delane Parnell Date
Pavel!
Buyer/Tenant
ry DocuSigned by: Date
Seller/Housing Provider Univ Sisso Date 1/15/2024
13060 Otsegd.Rtdelesa7e452
Seller/Housing Provider Date
©2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this
form or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE
CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC
TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE,
CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California
Association of REALTORSS. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by
members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
L Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS®
c 525 South Virgil Avenue, Los Angeles, California 90020 vat
ronan
TOA REVISED 6/23 (PAGE 1 OF 1)
TEXT OVERFLOW ADDENDUM (TOA PAGE 1 OF 1)
‘World Of Luxury Estates, 9465 WILSHIRE BLVD SUITE 300 Beverly Hills CA 90212 Phone: 4245277177 “ax. 13060 Otsego St
Brielle Bacal Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 _www.twolf.com
4S
DocuSign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93
CALIFORNIA BUYER COUNTER OFFER No. 1
A SOCIATION (C.A.R. Form BCO, Revised 6/23)
OF REALTORS®
Date January 12, 2024
This is a counter offer to the Seller Counter Offer No. 1_,OR [Seller Multiple Counter Offer No (Other
(‘Offer’)
January 1, 2024 13060 Otsego St, Sherman Oaks, CA 91423 (“Property”)
between Delane Parnell (‘Buyer’)
and 13060 Otsego St LLC (‘Seller’).
Buyer and Seller are referred to as the "Parties.
4 TERMS: The terms and conditions of the above referenced document are accepted subject to the following
A. The Liquidated Damages and Arbitration of Disputes paragraphs in the Offer each require initials by all Parties. If either of
those paragraphs is not initialed by all Parties, that paragraph is excluded from the final Agreement unless specifically
referenced for inclusion in paragraph 1D of this or another Counter Offer or an addendum.
Unless Otherwise Agreed or altered in another Counter Offer, down payment and loan amount(s) will be adjusted in the same
proportion as in the original Offer, but the dollar amount of any initial and increased deposit and Seller credits shall remain
unchanged from the original Offer.
Unless Otherwise Agreed or altered in another Counter Offer, if in the original offer (such as paragraph 3L(2) of the RPA) the
appraisal contingency amount is lower than the original offered price, then the dollar amount of any difference (“Appraisal
Gap”) shall remain unchanged and be deducted from the final contract price to create the final appraisal contingency amount.
(For example, if the purchase price in the offer is $1,000,000, and Buyer reduces the appraisal contingency value to $950,000,
the" Appraisal Gap" is $50,000. If the purchase price is increased to $1,200,000 as a result of this counter offer, the appraisal
contingency value shall be adjusted to $1,150,000 ($1,200,000 less $50,000). If the property appraises below $1,150,000,
Buyer may exercise the appraisal contingency right to cancel this Agreement.)
OTHER TERMS:
The following attached addenda are incorporated into this Buyer Counter Offer only when Signed by both Parties (if both
Parties do not Sign and Deliver all attached addenda then any acceptance of this Buyer Counter Offer is not valid)
Addendum No. 4
EXPIRATION: This Buyer Counter Offer shall be deemed revoked and the deposits, if any, shall be returned:
A. Unless by 5:00PM on the third Day after the date this Buyer Counter Offer is signed in paragraph 3 (if more than one
signature then, the last signature date)(or Oo by (JAM/_] PM on (date)) (i) it is Signed in paragraph 4 by
Seller and (ii) a copy of the Signed Buyer Counter Offer is Delivered to Buyer or Buyer's Authorized Agent.
B. OR If Buyer withdraws this Buyer Counter Offer anytime prior to Seller's Acceptance by communicating withdrawal to Seller or
Seller's Agent (C.A.R. Form WOO may be used).
OFFER: BUYER MAKES THIS COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY.
BY MAKING THIS COUNTER OFFER, ANY PREVIOUS OFFER OR COUNTER OFFER CAN NO LONGER BE ACCEPTED.
2
The ter andigenditions of those documents are incorporated into this Buyer Counter Offer unless Otherwise Agreed.
Buyer Dulane Parwll Delane Parnell Date 1/14/2024
Buyer -FBAEB2059880433. Date
ACCEPTANCE: I/WE accept the above Buyer Counter Offer and all Signed Addenda, if any, (If checked [X]| SUBJECT TO THE
ATTACHED SELLER COUNTER suSigned
OFFER by: No. 4OR SELLER MULTIPLE COUNTER OFFER No. and acknowledge
receipt of a Copy.
Seller Yair Siss6 13060 Otsego St LLC Date
aa708586476452
Seller Date
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this
form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE
CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC
TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE,
CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California
Association of REALTORSS. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by
members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics
E:
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS®
525 South Virgil Avenue, Los Angeles, California 90020 a
Sata
BCO REVISED 6/23 (PAGE 1 OF 1)
BUYER COUNTER OFFER (BCO PAGE 1 OF 1)
eXp Realty of California, Inc., 2603 Camino Ramon Suite 200 San Ramon CA 94583 Phone 8186322296 13060 Otsego St~
Bradley Gilboe Produced with one Wot Traneactons (2ipFom Editon) 717 N Harwood St, Suite 2200, Dallas TX 75201 _wtuwolcom
DocuSign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93
ad
CALIFORNIA
OCIATION ADDENDUM No. 4
OF REALTORS® (C.A.R. Form ADM, Revised 12/21)
The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR [_]Residential
Lease or Month-to-Month Rental Agreement, [|Transfer Disclosure Statement (Note: An amendment to the TDS may give
the Buyera right to rescind). [x]Other BCO1
Preview
Electronically FILED by Jason T. Riddick (SBN 235980) Superior Court of California, RIDDICK LAW APC County of Los An ge les Jason@Riddick-Law.com 3/25/2024 8:36 PI David W. Slayton, 30745 Pacific Coast Highway, # 353 Executive Officer/Clerk of Court, Malibu, California 90265 By C. Haroutunian, Deputy Clerk Tel: (424) 323-4545 Attorneys for Plaintiff Delane Parnell SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - NORTHWEST DISTRICT 10 (VAN NUYS EAST) 11 Delane Parnell CaseNo. 24% EC ¥O01353 Plaintiff, 13 COMPLAINT FOR: UO: ent = v 14 (1) SPECIFIC PERFORMANCE OF 13060 Otsego St LLC; Does 1-20 PURCHASE AGREEMENT (REAL PROPERTY); Defendants. (2) BREACH OF CONTRACT; AND 2 16 (3) BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING | 17 18 19 20 21 22 23 24 25 26 27 28 1 COMPLAINT FOR SPECIFIC PERFORMANCE Plaintiff Delane Parnell (“Parnell” or “Plaintiff’) alleges as follows: I Jurisdiction, Venue, and Parties 1 Defendant 13060 Otsego St LLC (“Defendant” or “Seller”) is a California limited liability company having his principal place of business in the City of Los Angeles, County of Los Angeles, State of California at 47 BASSWOOD AVE OAK PARK, CA 91377. 2 This lawsuit arises from the failure of Defendants to perform contractual obligations in Los Angeles County with respect to the real property at 13060 Otsego St, Sherman Oaks, CA 91423 (the “Property”) under that certain New Construction Purchase Agreement and Joint Escrow Instructions dated December 26, 2023 between Plaintiff and Defendant, and all signed addendums 10 thereto (collectively, the “Purchase Agreement”). The legal description of the Property is: 11 a. Address:13060 OTSEGO ST; LOS ANGELES, CA 91423-1625; LOS 12 ANGELES COUNTY 13 Subdivision / Tract: 16323 UO: ment S 14 Legal Book / Page: 374-28 15 APN: 2358-011-014 16 Legal Lot: 30 | 17 3 Plaintiff is an individual residing in the County of Los Angeles. | 18 4 Plaintiff is informed and believe, and based thereon allege, that Does 1-20, at all 19 relevant times relevant were acting as the partners, agents, servants, employees, alter egos, clients, 20 successors or predecessors in interest, or contractors of the Defendant, and unless alleged otherwise, 21 were acting within the course and scope of such relationship, with the knowledge, express or 22 implied, of the named Defendant, and that the named Defendant has approved and ratified the acts 23 of all defendants. The fictitious defendants herein are sued pursuant to the provisions of C.C.P. § 24 474. Plaintiff is informed and believes, and thereon alleges, that each such fictitious defendants are 25 in some way responsible for, participated in or contributed to the matters and things of which 26 Plaintiff complains herein and, in some fashion, has legal responsibility therefor. When the true 27 names of such fictitious defendants and, as appropriate, their respective interests in said property or 28 their responsibility for, participation in, and contribution to the matters herein alleged are 2 COMPLAINT FOR SPECIFIC PERFORMANCE ascertained by Plaintiff, Plaintiff will seek leave to amend this complaint to set forth the same. Such fictitious defendants, along with the named defendants, shall be referred to as "Defendants” or “Sellers”) 5 Venue is appropriate because the subject Property is located in the City of Los Angeles, within Los Angeles County. 6. Prior to filing this Complaint, Plaintiff made a demand for mediation on Defendants pursuant to Paragraph 43(A)-(B) and 44(C) of the Purchase Agreement. As of the filing of this action, Defendants have not agreed to submit the dispute to mediation. Plaintiff also allege that the pre-action mediation provision has an exception in the mediation provision 10 for purposes of filing an action for specific performance and recording of a notice of 11 pendency of action (/is pendens) under Paragraph 44(C) of the Purchase Agreement. 12 Plaintiff has submitted this dispute to mediation and seeks to stay the litigation pending mediation / 13 arbitration. Plaintiff reserves any and all rights regarding the alternative dispute provisions under UO: ment S 14 the Purchase Agreement nor does Plaintiff waive any rights. 15 FIRST CAUSE OF ACTION 16 (Specific Performance) | 17 (Against 13060 Otsego St LLC and Does 1-20) | 7 18 Plaintiff incorporates by reference and realleges the allegations as set forth above. 19 8 In or around December of 2023, Plaintiff and Seller entered into the Purchase 20 Agreement, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein 21 by reference. 22 9 Among other things, Plaintiff deposited $300,000 towards the purchase price 23 of $3,732,500 which was disbursed to Seller so that Seller could install a number of agreed 24 finishes (“Buyer Finishes”) prior to the close of escrow, as detailed n the punchlist included 25 with the Purchase Agreement. Seller has refused to install the Buyer Finishes as agreed, and 26 is unlawfully demanding that Buyer close escrow before the Buyer Finishes have been 27 installed, and be content with inferior, incomplete, and commercially inappropriate finishes. 28 Seller alternatively threatens to sell the Property to another Buyer in contravention of the 3 COMPLAINT FOR SPECIFIC PERFORMANCE Purchase Agreement and take this dispute to “mediation” while selling the Property out from under Plaintiff. 10. Although Seller was supposed to complete installation of the Buyer Finishes, Seller has failed and refuses to do so. Plaintiff has fulfilled all of his obligations and more under the Purchase Agreement, except those excused or rendered impractical or impossible by Defendants’ breaches described herein. Plaintiff has been, is and remains willing to purchase the Property pursuant to the terms and conditions of the Purchase Agreement, except for those conditions which have been waived, equitably excused, or for which time of performance was expressly or implicitly extended due to Seller’s breaches. By reason of 10 Seller’s breaches, Plaintiff is entitled to a judicial decree compelling Defendants to convey 11 to Plaintiff the Property under the terms and conditions set forth in the Purchase Agreement, 12 except for those conditions that have been waived, equitably excused, or for which time of 13 performance was expressly, implicitly or equitably extended due to Seller’s breaches. UO: ment S 14 11. Pursuant to the terms of the Purchase Agreement, Plaintiff is entitled to 15 recover his reasonable attorneys' fees and expenses incurred in the event of Seller’ 2 16 breach and/or to enforce the terms of the Purchase Agreement. As a result of Seller’s | 17 breaches, it has become necessary for Plaintiff to employ attorneys to commence and | 18 prosecute this action to compel performance of the Purchase Agreement. Plaintiff is 19 entitled to recover from Seller the amount of reasonable attorneys' fees and costs incurred in 20 this action and other proceedings, as agreed. 21 SECOND CAUSE OF ACTION 22 (Breach of Contract) 23 (Against Seller and DOES 1-20) 24 12. Plaintiff incorporates by reference and reallege the allegations as set forth 25 above. 26 13. Pursuant to the Purchase Agreement, and amendments thereto, Seller was 27 required to complete and sell the Subject Property at the agreed upon price to 28 Plaintiff after installing the Buyer Finishes 4 COMPLAINT FOR SPECIFIC PERFORMANCE 14. Seller breached the Purchase Agreement and the amendments thereto by refusing to install the Buyer Finishes and sell the Property to Plaintiff thereafter at the agreed upon price. 15. By reason of Defendants’ breaches, Plaintiff is entitled to damages in an amount to be proven at trial. Such damages have not yet been ascertained in detail, but are believed to be in excess of the jurisdictional minimum of the Court. THIRD CAUSE OF ACTION (Breach of the Implied Covenant of Good Faith and Fair Dealing) (Against Seller and DOES 1-20) 10 16. Plaintiff incorporates by reference and reallege the allegations as set forth 11 above. 12 17. The Purchase Agreement contains an implied covenant that Seller would 13 act in good faith and fair dealing with Plaintiff. UO: ment S 14 18. Defendant/Seller breached the implied covenant of good faith by, among other 15 things, failing to perform under the Purchase Agreement by delivering the Property to 2 16 Plaintiff with the Buyer Finishes Installed, and also attempting to keep the substantial sum | 17 paid for installation of same, and sell the property to other buyers. Instead of adhering to | 18 such implied covenant, Defendants breached the covenant of good faith and fair dealing 19 causing Plaintiff harm and damage. 20 19. By reason of Seller’s breaches of the implied covenant of good faith and 21 fair dealing, Plaintiff is entitled to damages in excess of the jurisdictional minimum. 22 PRAYER FOR RELIEF 23 (For All Causes of Action) 24 WHEREFORE, PLAINTIFF DELANE PARNELL prays for judgment against 25 DEFENDANTS 13060 OTSEGO ST LLC and DOES 1-20 and each of them as follows: 26 ON THE FIRST CAUSE OF ACTION 27 1 That Seller be ordered to execute and deposit with the escrow agent a 28 certificate of occupancy, and deed sufficient to convey the Property to 5 COMPLAINT FOR SPECIFIC PERFORMANCE Plaintiff (“Deed”), on the terms and conditions set forth in the Purchase Agreement, minus offsets, after the Buyer Finishes have been installed as agreed; 2 That if Defendants refuses to execute and deposit such certificate of occupancy sufficient to convey the Subject Property to Plaintiff after performance of the Purchase Contract, then Plaintiff pray for a Court order directing the Clerk of the Court to execute and deliver such a deed, or, in the alternative, that the Court appoint a receiver to execute and deliver such deed; 1 For damages and offsets caused by Seller’s breaches; 10 2 For costs of suit incurred herein reasonable attorneys’ fees, to the extent 11 allowed by law; and 12 3 For such other and further relief and the court may deem just and proper. 13 ON THE SECOND CAUSE OF ACTION UO: ment S 14 1 For judgment against Defendants, and each of them, in an amount to be fully 15 proven at trial; 2 16 For costs of suit incurred herein reasonable attorneys’ fees, to the extent | 17 allowed by law; and | 18 3 For such other and further relief and the court may deem just and proper. 19 ON THE THIRD CAUSE OF ACTION 20 1 For judgment against Defendants, and each of them, in an amount to be fully 21 proven at trial; 22 For costs of suit incurred herein reasonable attorneys’ fees, to the extent 23 allowed by law; and 24 3 For such other and further relief and the court may deem just and proper. 25 ON ALL CAUSES OF ACTION 26 1 A constructive trust is imposed as to all Defendants as constructive trustees 27 who have possession of Plaintiff's 3000,000 in funds that are being held for 28 Plaintiff's benefit. 6 COMPLAINT FOR SPECIFIC PERFORMANCE 2 For such other relief as the Court deems just and proper DATED: March 25, 2024 RIDDICK LAW APC wwGfoeen bldc Attorneys for Plaintiff Delane Parnell 10 11 12 ME 13 UO: ment S 14 15 2 16 | 17 | 18 19 20 21 22 23 24 25 26 27 28 7 COMPLAINT FOR SPECIFIC PERFORMANCE Exhibit A 10 11 12 13 V§ ment S 14 15 vet 2 2 16 | 17 | 18 19 20 21 22 23 24 25 26 27 28 8 COMPLAINT FOR SPECIFIC PERFORMANCE = DocuSign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93 CALIFORNIA BUYER COUNTER OFFER No. 2 ASSOCIATION (C.A.R. Form BCO, Revised 6/23) OF REALTORS! Date January 16, 2024 This is a counter offer to the Seller Counter Offer No. 2_,OR [Seller Multiple Counter Offer No. (Other (‘Offer’) Ji a inuary 15, 2024 13060 Otsego St, Sherman Oaks, CA 91423 (“Property”) between Delane Parnell (‘Buyer’) and 13060 Otsego St LLC (‘Seller’). Buyer and Seller are referred to as the "Parties. 4 TERMS: The terms and conditions of the above referenced document are accepted subject to the following A. The Liquidated Damages and Arbitration of Disputes paragraphs in the Offer each require initials by all Parties. If either of those paragraphs is not initialed by all Parties, that paragraph is excluded from the final Agreement unless specifically referenced for inclusion in paragraph 1D of this or another Counter Offer or an addendum. Unless Otherwise Agreed or altered in another Counter Offer, down payment and loan amount(s) will be adjusted in the same proportion as in the original Offer, but the dollar amount of any initial and increased deposit and Seller credits shall remain unchanged from the original Offer. Unless Otherwise Agreed or altered in another Counter Offer, if in the original offer (such as paragraph 3L(2) of the RPA) the appraisal contingency amount is lower than the original offered price, then the dollar amount of any difference (“Appraisal Gap”) shall remain unchanged and be deducted from the final contract price to create the final appraisal contingency amount. (For example, if the purchase price in the offer is $1,000,000, and Buyer reduces the appraisal contingency value to $950,000, the “Appraisal Gap” is $50,000. If the purchase price is increased to $1,200,000 as a result of this counter offer, the appraisal contingency value shall be adjusted to $1,150,000 ($1,200,000 less $50,000). If the property appraises below $1,150,000, Buyer may exercise the appraisal contingency right to cancel this Agreement.) OTHER TERMS: -Seller to credit buyer $2600 towards buyer's recurring and non-recurring closing costs. -Seller will not be responsible to provide an additional home warranty plan for $1800. Standard one year fit and finish warranty and other previously agreed to builder warranties to remain in effect. -Prior to COE, seller agrees to have temporary power pole removed, and power connected directly the house and main panel. Any delay in electrical connection as a result of LADWP delays, after the electrical permit has been finalized, is of no fault to the seller and the seller will not be considered to be in default of the contract. The following attached addenda are incorporated into this Buyer Counter Offer only when Signed by both Parties (if both Parties do not Sign and Deliver all attached addenda then any acceptance of this Buyer Counter Offer is not valid) Addendum No. EXPIRATION: This Buyer Counter Offer shall be deemed revoked and the deposits, if any, shall be returned: A. Unless by 5:00 PM on the third Day after the date this Buyer Counter Offer is signed in paragraph 3 (if more than one signature then, the last signature date)(or Oo by (JAM/_] PM on (date)) (i) it is Signed in paragraph 4 by Seller and (ii) a copy of the Signed Buyer Counteroffer is Delivered to Buyer or Buyer's Authorized Agent. B. OR If Buyer withdraws this Buyer Counter Offer anytime prior to Seller's Acceptance by communicating withdrawal to Seller or Seller's Agent (C.A.R. Form WOO may be used). OFFER: BUYER MAKES THIS COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY. BY MAKING THIS COUNTER OFFER, ANY PREVIOUS OFFER OR COUNTER OFFER CAN NO LONGER BE ACCEPTED. 2 The ter andigenditions of those documents are incorporated into this Buyer Counter Offer unless Otherwise Agreed. Buyer Dulane Parwll Delane Parnell Date 1/16/2024 Buyer -FBAEB2059880433. Date ACCEPTANCE: I/WE accept the above Buyer Counter Offer and all Signed Addenda, if any, (If checked [|] SUBJECT TO THE ATTACHED SELLER COUNTER OFFER No. OR SELLER MULTIPLE COUNTER OFFER No. and acknowledge receipt of a Copy. Seller 13060 Otsego St LLC Date Seller Date © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORSS. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics L Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® c 525 South Virgil Avenue, Los Angeles, California 90020 cee ese BCO REVISED 6/23 (PAGE 1 OF 1) BUYER COUNTER OFFER (BCO PAGE 1 OF 1) eXp Realty of California, Inc., 2603 Camino Ramon Suite 200 San Ramon CA 94583 Phone 8186322296 13060 Otsego St~ Bradley Gilboe Produced with one Wot Traneactons (2ipFom Editon) 717 N Harwood St, Suite 2200, Dallas TX 75201 _wtuwolcom Docusign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93 ss CALIFORNIA SELLER COUNTER OFFER No. 2 ASSOCIATION May not be used as a multiple counter offer. OF REALTORS® (C.A.R. Form SCO, Revised 6/23) Date 01/15/2024 This is a counter offer to the Purchase Agreement, OR X | Buyer Counter Offer No. 1 . [J Other (‘Offer’), dated 01/12/2024 , on property known as 13060 Otsego St, Sherman Oaks, Ca 91423 (‘Property’), between Delane Parnell (‘Buyer’) and 13060 Otsego St Lic (‘Seller’). Buyer and Seller are referred to as the "Parties." 4 TERMS: The terms and conditions of the above referenced document are accepted subject to the following: A. The Liquidated Damages and Arbitration of Disputes paragraphs in the Offer each require initials by all Parties. If either of those paragraphs is not initialed by all Parties, that paragraph is excluded from the final agreement unless specifically referenced for inclusion in paragraph 1D of this or another Counter Offer or an addendum. Unless Otherwise Agreed or altered in another Counter Offer, down payment and loan amount(s) will be adjusted in the same proportion as in the original Offer, but the dollar amount of any initial and increased deposit and Seller credits shall remain unchanged from the original Offer. Unless Otherwise Agreed or altered in another Counter Offer, if in the original offer (such as paragraph 3L(2) of the RPA) the appraisal contingency amount is lower than the original offered price, then the dollar amount of any difference (“Appraisal Gap”) shall remain unchanged and be deducted from the final contract price to create the final appraisal contingency amount. (For example, if the purchase price in the offer is $1,000,000, and Buyer reduces the appraisal contingency value to $950,000, the “Appraisal Gap” is $50,000. If the purchase price is increased to $1,200,000 as a result of this counter offer, the appraisal contingency value shall be adjusted to $1,150,000 ($1,200,000 less $50,000). If the property appraises below $1,150,000, Buyer may exercise the appraisal contingency right to cancel this Agreement.) OTHER TERMS: See Text Overflow Addendum (C.A.R. Form TOA) paragraph 1 The following attached documents are incorporated into this Seller Counter Offer when Signed and Delivered by both Parties (if both parties do not Sign and Deliver all attached addenda, then any acceptance of this Seller Counter Offer is not valid) Addendum No. 4__(C.A.R. Form ADM) Back Up Offer Addendum (C.A.R. Form BUO) Seller License to Remain in Possession Addendum (C.A.R. Form SIP) (occupancy up to 29 days) Seller Purchase of Replacement Property (C.A.R. Form SPRP) Tenant Occupied Property Addendum (C.A.R. Form TOPA) Residential Lease After Sale (C.A.R. Form RLAS) (occupancy for 30 or more days) Seller Intent to Exchange Addendum (C.A.R. Form SXA) Other (J Other EXPIRATION: This Seller Counter Offer shall be deemed revoked and the deposits, if any, shall be returned: A. Unless by 5:00 PM on the third Day after the date this Seller Counter Offer is signed in paragraph 4 (if more than one signature then, the last signature date)(orby AM/ PM on (date)) (i) it is Signed in paragraph 5 by Buyer and (ii) a copy of the Signed Seller Counter Offer is Delivered to Seller or Seller's Authorized Agent. B. OR If Seller withdraws this Seller Counter Offer anytime prior to Buyer's Acceptance by communicating withdrawal to Buyer or Buyer's Agent (C.A.R. Form WOO may be used). C. OR If Seller accepts another offer prior to Buyer's Acceptance of this Seller Counter Offer. MARKETING TO OTHER BUYERS: Seller has the right to continue to offer the Property for sale. Seller has the right to accept any other offer received, prior to Acceptance of this Counter Offer by Buyer as specified in 2A and 5. In such event, Seller is advised to withdraw this Seller Counter Offer before accepting another offer. OFFER: SELLER MAKES THIS COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY. BY MAKING THIS COUNTER OFFER, AN’ ($Qid&,OFFER OR COUNTER OFFER CAN NO LONGER BE ACCEPTED. The terms and conditions of those document ‘Gai? eggpporated into this Selle: Counter Offer unless Otherwise Agseed. Seller 13060 Otsego St Lic Date TRBTOESBCATER Seller Date ACCEPTANCE: I/WE accept the above Seller Counter Offer (If checked Kk] SUBJECT TO THE ATTACHED BUYER COUNTER OFFER No.BCO2_)vand-atiendwiedge receipt of a Copy. 1/16/2024 Buyer lowe Delane Parnell Date Buyer ‘Sreacs2cs9a80439 Date © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S, Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats, THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORSS. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. L Published and Distributed by: L REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® © 525 South Virgil Avenue, Los Angeles, California 90020 Sram SCO Revised 6/23 (PAGE 1 OF 1) SELLER COUNTER OFFER (SCO PAGE 1 OF 1) World Of Luxury Estates, 9465 WILSHIRE BLVD SUITE 300 Beverly Hills CA 90212 Phone: 4248277177 13060 Otsego St Brielle Bacal Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 ve com 8 DocuSign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93 ALIFORNIA SOCIATION TEXT OVERFLOW ADDENDUM No. 1 OF REALTORS® (C.A.R. Form TOA, Revised 6/23) This addendum is given in connection with the property known as 13060 Otsego St, Sherman Oaks, Ca 91423 TRACT # 16323 LOT 30 (‘Property’), in which Delane Parnell is referred to as (“Buyer/Tenant’) and 13060 Otsego St Lic is referred to as (“Seller/Housing Provider’). 1) SCO, Paragraph 1D, Other Terms: 1. As for Addendum #4 we are in agreement on items 1- 6, 8-12, 14-15, 17-21, & 25 in SCO#1. 2. Regarding #7 COE to be February 26, 2024 or earlier as long as signatures from the city on the inspection card called final inspections is signed off. 3. Regarding #13 Seller agrees to physical inspection 10 days starting 2/15/24. Inspections are for informational purposes only. No credits and no discounts will be given on purchase price. However seller will repair whatever is necessary on punch list of inspection findings. 4. Seller will pay for a one year home warranty of $1800 per first year only and be responsible for first year fit & Finish warranty. 5. #22 on ADM 4 is agreed but Brielle Bacal may post pictures on her Instagram and Facebook if needed towards completion of construction. 6. #23 in ADM# 4 in mutual agreement. 7. #24 in ADM# 4 relating to #7 COE, Escrow will close as long as the final inspection card is signed off on. Seller is not in control of how long it will take for COO. Therefore, as long as final inspection card is signed off by the city, Buyer will close escrow. 8. Seller reserves the right to extend escrow if necessary up to 2 weeks if needed. The foregoing terms and conditions are hereby incorporated in and made a part of the paragraph(s) referred to in the document t this: TOA is attached. The undersigned acknowledge receipt of a copy of this TOA. 1/16/2024 Buyer/Tenai t Delane Parnell Date Pavel! Buyer/Tenant ry DocuSigned by: Date Seller/Housing Provider Univ Sisso Date 1/15/2024 13060 Otsegd.Rtdelesa7e452 Seller/Housing Provider Date ©2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORSS. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. L Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® c 525 South Virgil Avenue, Los Angeles, California 90020 vat ronan TOA REVISED 6/23 (PAGE 1 OF 1) TEXT OVERFLOW ADDENDUM (TOA PAGE 1 OF 1) ‘World Of Luxury Estates, 9465 WILSHIRE BLVD SUITE 300 Beverly Hills CA 90212 Phone: 4245277177 “ax. 13060 Otsego St Brielle Bacal Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 _www.twolf.com 4S DocuSign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93 CALIFORNIA BUYER COUNTER OFFER No. 1 A SOCIATION (C.A.R. Form BCO, Revised 6/23) OF REALTORS® Date January 12, 2024 This is a counter offer to the Seller Counter Offer No. 1_,OR [Seller Multiple Counter Offer No (Other (‘Offer’) January 1, 2024 13060 Otsego St, Sherman Oaks, CA 91423 (“Property”) between Delane Parnell (‘Buyer’) and 13060 Otsego St LLC (‘Seller’). Buyer and Seller are referred to as the "Parties. 4 TERMS: The terms and conditions of the above referenced document are accepted subject to the following A. The Liquidated Damages and Arbitration of Disputes paragraphs in the Offer each require initials by all Parties. If either of those paragraphs is not initialed by all Parties, that paragraph is excluded from the final Agreement unless specifically referenced for inclusion in paragraph 1D of this or another Counter Offer or an addendum. Unless Otherwise Agreed or altered in another Counter Offer, down payment and loan amount(s) will be adjusted in the same proportion as in the original Offer, but the dollar amount of any initial and increased deposit and Seller credits shall remain unchanged from the original Offer. Unless Otherwise Agreed or altered in another Counter Offer, if in the original offer (such as paragraph 3L(2) of the RPA) the appraisal contingency amount is lower than the original offered price, then the dollar amount of any difference (“Appraisal Gap”) shall remain unchanged and be deducted from the final contract price to create the final appraisal contingency amount. (For example, if the purchase price in the offer is $1,000,000, and Buyer reduces the appraisal contingency value to $950,000, the" Appraisal Gap" is $50,000. If the purchase price is increased to $1,200,000 as a result of this counter offer, the appraisal contingency value shall be adjusted to $1,150,000 ($1,200,000 less $50,000). If the property appraises below $1,150,000, Buyer may exercise the appraisal contingency right to cancel this Agreement.) OTHER TERMS: The following attached addenda are incorporated into this Buyer Counter Offer only when Signed by both Parties (if both Parties do not Sign and Deliver all attached addenda then any acceptance of this Buyer Counter Offer is not valid) Addendum No. 4 EXPIRATION: This Buyer Counter Offer shall be deemed revoked and the deposits, if any, shall be returned: A. Unless by 5:00PM on the third Day after the date this Buyer Counter Offer is signed in paragraph 3 (if more than one signature then, the last signature date)(or Oo by (JAM/_] PM on (date)) (i) it is Signed in paragraph 4 by Seller and (ii) a copy of the Signed Buyer Counter Offer is Delivered to Buyer or Buyer's Authorized Agent. B. OR If Buyer withdraws this Buyer Counter Offer anytime prior to Seller's Acceptance by communicating withdrawal to Seller or Seller's Agent (C.A.R. Form WOO may be used). OFFER: BUYER MAKES THIS COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY. BY MAKING THIS COUNTER OFFER, ANY PREVIOUS OFFER OR COUNTER OFFER CAN NO LONGER BE ACCEPTED. 2 The ter andigenditions of those documents are incorporated into this Buyer Counter Offer unless Otherwise Agreed. Buyer Dulane Parwll Delane Parnell Date 1/14/2024 Buyer -FBAEB2059880433. Date ACCEPTANCE: I/WE accept the above Buyer Counter Offer and all Signed Addenda, if any, (If checked [X]| SUBJECT TO THE ATTACHED SELLER COUNTER suSigned OFFER by: No. 4OR SELLER MULTIPLE COUNTER OFFER No. and acknowledge receipt of a Copy. Seller Yair Siss6 13060 Otsego St LLC Date aa708586476452 Seller Date © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORSS. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics E: Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020 a Sata BCO REVISED 6/23 (PAGE 1 OF 1) BUYER COUNTER OFFER (BCO PAGE 1 OF 1) eXp Realty of California, Inc., 2603 Camino Ramon Suite 200 San Ramon CA 94583 Phone 8186322296 13060 Otsego St~ Bradley Gilboe Produced with one Wot Traneactons (2ipFom Editon) 717 N Harwood St, Suite 2200, Dallas TX 75201 _wtuwolcom DocuSign Envelope ID: AEBC9CDA-69EF-4480-BC96-07DDF353CA93 ad CALIFORNIA OCIATION ADDENDUM No. 4 OF REALTORS® (C.A.R. Form ADM, Revised 12/21) The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR [_]Residential Lease or Month-to-Month Rental Agreement, [|Transfer Disclosure Statement (Note: An amendment to the TDS may give the Buyera right to rescind). [x]Other BCO1