Spanish-speaking plaintiffs evicted from their home after real estate fraud. $288K. Orange County.

Summary

Repeated real estate transfers result in dilution of ownership and plaintiffs being evicted from home they originally owned.

The Case

  • Case Name: Medina v. Calvillo
  • Court and Case Number: Orange County Superior Court / 30-2015-00815501-CU-OR-CJC
  • Date of Verdict or Judgment: Friday, June 28, 2019
  • Date Action was Filed: Monday, October 19, 2015
  • Type of Action: Real Estate Fraud, Misrepresentation
  • Judge or Arbitrator(s): Comm. Carmen R. Luege
  • Plaintiffs:
    Norma Medina, hotel housekeeper.
    Javier Marquez Gutierrez, restaurant server.
  • Defendants:
    Carlos Calvillo
    Artemio Marin
    GDL Investments, LLC
    Structure Equity LLC
    Victor Marquez Gutierrez
    Rosalba Muro
  • Type of Result: Bench Verdict

The Result

  • Gross Verdict or Award: $288,761
  • Award as to each Defendant:

    Plaintiffs prevailed under theories of Fraud, Breach of Contract and Quiet Title against defendants.

    $8,000 against defendants Victor Marquez, Carlos Calvillo and Structure Equity, LLC

    $29,370 as to defendants Carlos Calvillo and Structure Equity LLC

    $151,391 as to defendants Artemio Marin, Rosalba Muro & GDL Investments

    $50,000 punitive damages against Carlos Calvillo and Structure Equity LLC

    $50,000 punitive damages against Artemio Marin and GDL Investments

  • Non-Economic Damages:

    Award of residential real property to plaintiff Norma Medina.

  • Punitive Damages:

    $100,000

The Attorneys

  • Attorney for the Plaintiff:

    Law Offices of Mark S. Martinez by Mark S. Martinez, Santa Ana.

  • Attorney for the Defendant:

    Duran & Cedillo by Manuel Duran, Los Angeles.

Facts and Background

  • Facts and Background:

    Plaintiffs were Spanish speakers who owned a home in Fullerton, but the property was in the name of another individual who held the property in title only. The plaintiffs turned to their brother for assistance to refinance and place the property back in their name. Their brother referred them to other real estate agents who stated they could help but only if the property was transferred to another individual first. Plaintiffs acquiesced and transferred the property and made alleged mortgage payments to real estate agents they believed were assisting them.

    Eventually the house was bought and sold several times and the equity was stripped via refinances by some of the defendants. Defendants Rosalba Muro and Artemio Marin eventually evicted plaintiffs from the home.

  • Plaintiff's Contentions:

    That plaintiffs were defrauded of their true benefit of the bargain of being assisted to have the property placed back in their name.

  • Defendant's Contentions:

    Defendants contended that plaintiffs' lawsuit was a result of plaintiffs trying to blame defendants for a loss of their property while they were delinquent on the mortgage and that they actually agreed to sell the property because they could not afford to continue paying on it.

Demands and Offers

  • Plaintiff Final Demand before Trial: Return of title to plaintiff’s name and no money damages.
  • Defendant Final Offer before Trial: $15,000

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

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