Background:

This action involves a dispute over contractual arrangements made between the owner of a real property and the former tenants on that property who later became parties to an agreement to purchase the property. This is the third action Plaintiff Roderick Gaines (“Plaintiff”) has filed against Harvey and Cecile Cloyd (“Defendants”) arising from the lease and sale of the real property.

In BC593634, Plaintiff filed a complaint alleging (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) fraud and misrepresentation, (4) quiet title, (5) rescission, and (6) elder abuse. The matter was ordered to arbitration pursuant to an arbitration clause in the land sale contract, and the Arbitrator (Jeffrey G. Benz) denied all of Plaintiff’s claims and determined Defendants to be the prevailing parties with an award of damages, fees and costs. On February 8, 2018, this Court (Judge Raphael) entered a judgment on the arbitration ........