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Wells Fargo Bank, N.A. v. Kaveh

United States District Court, D. Nevada

May 1, 2018

WELLS FARGO BANK, N.A., a national banking association, Plaintiff,
v.
ALIREZA KAVEH, an individual; ALIREZA KAVEH, as Trustee of the Alireza Kaveh Family Trust; JPA INVESTMENTS, LLC, a Nevada limited liability company, JOCELYNE ABRAR, an individual; JOCELYNE ABRAR as Trustee of The Jocelyne Abrar Trust; ALI KAVEH aka Alireza Kaveh, Sr., an individual; MOLOUK KAVEH; and MOLOUK KAVEH, as Trustee of The Kaveh Family Trust, Defendants.

          MINCIN LAW, PLLC, David Mincin, Esq., Attorney For Jocelyne Abrar, Attorney for Plaintiffs Ali Kaveh, Moluck Kaveh and JPA Investments, LLC

          LYNCH LAW PRACTICE, PLLC, Michael F. Lynch, Attorney for Plaintiffs

          STIPULATION AND ORDER TO: I) CORRECT CLERICAL ERROR AND AMEND JUDGMENT ENTERED MARCH 31, 2017; II) DISMISS SECOND AND THIRD CLAIMS FOR RELIEF

          GLORIA M. NAVARRO, CHIEF JUDGE UNITED STATES DISTRICT COURT

         Plaintiff, Wells Fargo Bank, N.A., by and through its counsel of record, Michael F. Lynch, Esq., of Lynch Law Practice, PLLC, and Defendants JPA Investments, LLC; Jocelyne Abrar; Jocelyne Abrar as Trustee of The Jocelyne Abrar Trust; Ali Kaveh aka Alireza Kaveh, Sr.; Molouk Kaveh and Molouk Kaveh as Trustee of The Kaveh Familly Trust dated July 31, 1998 (“The Kaveh Family Trust”), and Alireza Kaveh, in Proper Person, stipulate and agree as follows.

         WHEREAS the Complaint on file identifies three separate loans held by Plaintiff Wells Fargo Bank, N.A., against three different Limited Liability Companies and properties and against different defendants identified therein (Document 1).

         WHEREAS the first claim for relief arises from a loan identified as the Craig 95 Loan (Document 1).

         WHEREAS the second claim for relief arises from a loan identified as the Frontier Loan (Document 1).

         WHEREAS the third claim for relief arises from a loan identified as the Alireza Loan (Document 1).

         WHEREAS On April 8, 2016, partial summary judgment was entered against Defendants Alireza Kaveh, as an individual; Alireza Kaveh, as Trustee of the Alireza Kaveh Family Trust; JPA Investments, L.L.C.; Jocelyne Abrar, as an individual; and Jocelyne Abrar, as Trustee of the Jocelyne Abrar Trust relating to breaches the Craig 95 Loan (Document 69).

         WHEREAS Wells Fargo and the same Defendants identified in Document 69 then proceeded to prosecute a traditional deficiency hearing to determine fair market value on the date of the foreclosure of the underlying Craig 95 real property.

         WHEREAS on March 31, 2017 at the conclusion of the fair market value deficiency hearing the Court entered an Order which contained findings of fact and conclusions of law (Document 107), and WHEREAS a Judgment was entered thereon on the same date (Document 108).

         WHEREAS in entering the Judgment on March 31, 2017 the clerk checked the box that identifies all “Defendants” rather than just those defendants who were parties to the Craig 95 Loan.

         IT IS HEREBY STIPULATED AND AGREED that pursuant to FRCP 60 a mistake has occurred and to the extent Judgment (Document 108) includes Defendants Alireza Kaveh, Sr. Molouk Kaveh, and Molouk Kaveh Trust, this was the result of clerical error entitling the latter defendants to relief.

         IT IS HEREBY STIPULATED AND AGREED the Judgment entered March 31, 2017 (Document 108) is corrected and clarified to delete and omit any reference to Defendants Alireza Kaveh, Sr. Molouk Kaveh, and Molouk Kaveh Trust and amended to state that it is entered only against Defendants Alireza Kaveh, as an individual; Alireza Kaveh, as Trustee of the Alireza Kaveh Family Trust; JPA Investments, L.L.C.; ...


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