CASE NAME: Triwest Development, LLC v. Sam Ostayan, et al.

CASE NO.: YC072373

MOTION: Defendant Sam Ostayan’s Motion for Summary Judgment or, in the alternative, Motion for Summary Adjudication

Background

On October 17, 2017, Plaintiff Triwest Development, LLC filed a complaint against Sam Ostayan, Arden Management, LLC (“Arden”), and Does 1 -100 alleging breach of contract; breach of the covenant of good faith and fair dealing; fraud; negligent misrepresentation; rescission and restitution; and common counts arising out of the purchase of a property in Palos Verdes, CA.

On March 9, 2018, the Court granted a motion to substitute Triwest Homes II, LP (“Triwest Homes”) as the plaintiff. The Court found that the substitution related back to the filing of the complaint, based upon the parties’ stipulation to the substitution, and Plaintiff’s evidence that Triwest Homes was the assignee under the contract and real party in interest. The Court notes that Plaintiff’s counsel presented th