DEFENDANTS SETTLEMENTCONFERENCE STATEMENT

Lamont Duverne

8421 Brimfield Ave.

Panorama City, CA 91402

(818) 497-6517 

Email

Defendant in pro per

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

Pursuant to Rule 3.1380 of the California Rules of Court and Rule 3.25 of the Los Angeles Superior Court Rules, Defendant Lamont Duverne submits the following statement for the mandatory settlement conference scheduled for [DATE] in the above-referenced action, and hereby states as follows:

1. PARTIES

1. Plaintiff Grace Wookim is a female adult of sound mind and a resident of [ADDRESS].
2. Defendant Lamont Duverne is a male adult of sound mind and a resident of 8421 Brimfield Ave., Panorama City, CA 91402.

2. FACTUAL BASIS

1. The subject matter of this case is the property located at 8421 Brimfield Ave., Panorama City, California 91402, with APN: 2653-021-045, and with a legal description of Lot 8 of Tract No. 24063 in the City of Los Angeles, County of Los Angeles, State of California as per map recorded in Book 675, pages 12 and 13 of Maps, in the Office of the County Recorder of the County of Los Angeles.
2. Plaintiff and Defendant purposed to purchase the subject property in 2018. At the time, they were in a romantic relationship. Since Defendant had some credit issues, his name could not be included on the loan as well as the title. 
3. Defendant provided the down payment, and the parties acquired the property in August 2018. The only reason that Defendant’s name was not included in the title was to enable the parties to secure the necessary lending to complete the purchase of the subject property. 
4. Plaintiff did not provide any funds to purchase the property or pledge any of her assets. They jointly continued to pay for the mortgage on the subject property. Defendant would give Plaintiff the amount he was supposed to pay, and Plaintiff would remit the money to the lender.
5. In 2019, Plaintiff and Defendant broke up and Plaintiff moved out of the property. Defendant continued to reside at the subject property. Despite multiple requests by Defendant, Plaintiff has blatantly refused to grant Defendant his rightful 50% co-equal ownership interest in the subject property.

3. CAUSES OF ACTION

Quiet Title

6. Due to Plaintiff’s malicious and blatant refusal to add Defendant’s name to title and/or to create a resulting trust acknowledging 50% co-equal ownership to the subject property, there is an issue as to the ownership of the subject property.
7. At the institution of proceedings, Defendant prayed for declaratory relief and requested this Honorable Court to declare and restore his rights as a 50% co-equal owner of the subject property.

Resulting Trust

8. California courts have the power to impose a resulting trust in favor of the person who paid for the purchase of land on behalf of another. In the present case, Defendant paid the mortgage of the subject property by giving Plaintiff the money to remit to the lender.
9. At the institution of proceedings, Defendant prayed for declaratory relief and requested this Honorable Court to place a resulting trust on Defendant’s share of the subject property.

Declaratory Relief

10. At the institution of proceedings, Defendant prayed for declaratory relief and requested this Honorable Court to determine the true owner of the subject property.

4. STATUS OF SETTLEMENT NEGOTIATIONS
5. Prior to the preparation of this settlement conference statement, Plaintiff and Defendant have communicated to discuss resolution of this action without the necessity of trial. As of the preparation of this statement, the parties are circulating a proposed settlement agreement that if finalized would result in a dismissal of the action.

5. CODE OF CIVIL PROCEDURE § 998 DEMANDS
6. No demands under California Code of Civil Procedure § 998 have been made by any party.

6. DISCOVERY
7. On [DATE], Defendant filed a Motion for Discovery and Inspection of Documents before this Court. If that Motion is granted, no further discovery will be contemplated.

7. DEFENDANT’S PROPOSED SETTLEMENT

14. Defendant would like $20,800.00 put as down payment and other fees paid by Lamont Duverne and his family refunded to him.
15. Defendant would like $5,000.00 used for the painting of the property refunded to him.
16. Defendant would like $10,000.00 used for the metal/wood fencing of the property refunded to him.
17. An extra room was added to the house on the property. That increased the value of the property by 20 per cent. Defendant would like to be refunded 20 per cent of the property upon valuation.
18. Defendant agrees to settle for the total sum of $72,000.00.
19. Defendant proposes that his name not be included in the deed or the trust that was agreed upon earlier.
20. Upon the fulfilment of all propositions in Paragraphs 14-19 of this pleading, Defendant shall drop the lawsuit filed against Plaintiff in regard to the resulting trust.
21. Upon the fulfilment of all propositions in Paragraphs 14-20 of this pleading, Defendant shall vacate the property by the first week of March 2022 or once the property is sold off the market.

Dated this ____ day of ____________________, 2021.

Respectfully Submitted,

___________________________________

Lamont Duverne

Defendant in pro per

VERIFICATION

I, Lamont Duverne, being duly sworn depose and say that I am the Defendant in the above-entitled action, that I have read the foregoing Settlement Conference Statement and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the ____ day of ____________________, 2021 by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

[NAME OF PLAINTIFF’S ATTORNEY]

[ADDRESS OF PLAINTIFF’S ATTORNEY]

[CITY, STATE AND ZIP CODE OF PLAINTIFF’S ATTORNEY]

[PLAINTIFF’S ATTORNEY’S PHONE NUMBER]

[PLAINTIFF’S ATTORNEY’S EMAIL]

Dated this ____ day of ____________________, 2021.

Respectfully Submitted,

___________________________________

Lamont Duverne

Defendant in pro per

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