# 11. David Azizi v. Behnam Rafalian, et al.
Case No.: TC029184
Matter on calendar for: demurrer to cross-complaint
Tentative ruling:
I. Background
Plaintiff David Azizi, as an independent trustee for the Shamsam Irrevocable Trust, brought this action against defendants Behnam Rafalian, Carson Town Center L.P. (“Carson LP”), 500 Carson Town Center LLC (“Carson LLC”), and Western Alliance Bank, for alleged violations of Rafalian’s duties as a constructive trustee.
On April 29, 2005, Rafalian and Ray Haeim commenced a civil suit (SC085372) against Shahram Elyaszadeh (“Ely”). The suit concerned the property at 500 Carson Town Center, Carson, California 90745-1446. Ely filed a cross-complaint. On November 6, 2006, judgment was entered in favor of Ely and a constructive trust was imposed on Rafalian to safeguard Ely’s 50% ownership in the property.
On February 29, 2012, Ely assigned his interest to Azizi, as trustee. On November 30, 2017, Rafalian conveyed the property to Carson LP w
Type
Contractual Fraud (General Jurisdiction)
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# 11. David Azizi v. Behnam Rafalian, et al.
Case No.: TC029184
Matter on calendar for: demurrer to cross-complaint
Tentative ruling:
I. Background
Plaintiff David Azizi, as an independent trustee for the Shamsam Irrevocable Trust, brought this action against defendants Behnam Rafalian, Carson Town Center L.P. (“Carson LP”), 500 Carson Town Center LLC (“Carson LLC”), and Western Alliance Bank, for alleged violations of Rafalian’s duties as a constructive trustee.
On April 29, 2005, Rafalian and Ray Haeim commenced a civil suit (SC085372) against Shahram Elyaszadeh (“Ely”). The suit concerned the property at 500 Carson Town Center, Carson, California 90745-1446. Ely filed a cross-complaint. On November 6, 2006, judgment was entered in favor of Ely and a constructive trust was imposed on Rafalian to safeguard Ely’s 50% ownership in the property.
On February 29, 2012, Ely assigned his interest to Azizi, as trustee. On November 30, 2017, Rafalian conveyed the property to Carson LP w