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.

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 Case: 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

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

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:
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.

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