HomeMy WebLinkAboutCity Attorney’s Notice of Complaint Filed by the City of Huns
CITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: HONORABLE MAYOR and CITY COUNCILMEMBERS
FROM: JENNIFER MCGRATH, City Attorney
DATE: January 10, 2008
SUBJECT: Notice of Filed Complaint
C-ITEM for the January 22, 2008 CITY COUNCIL MEETING
The following complaint was filed on January 2, 2008.
Plaintiff: City of Huntington Beach
Defendants: Stephan Larralde, Hugo Ramirez, Kian Vakili,
New Century Title Company, Washington Mutual Inc.
Cross -Complainants: NIA
Cross- Defendants: N/A
The type of complaint is for: Violation of Equitable Servitude, Breach of
Affordability Covenant, Continuing Nuisance, Fraud, Conspiracy, Breach of
Fiduciary Duties, Declaratory Relief, and Injunctive Relief
Initial Complaint: City of Huntington Beach v. Stephan Larralde, et al.
Orange County Superior Court
Case No. 30-2008-00037286
Nature of Case: Brisas del Mar is an affordable housing project located at
409 E. Utica. Pursuant to an Affordable Housing Covenant recorded on the
property, each unit is required to be sold at a City -calculated price determined to
be affordable to low or moderate income buyers. Further, only households
earning less than the 120% of the County median income may buy a unit. Unit
C-27 was sold from Larralde to Ramirez, to Vakili, to Washington Mutual, all
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without compliance with the Affordable Housing Covenant. The City is now suing
to enforce the Covenant.
dENNIFER M
City Attorney
Approved:
Scott Field, Assistant City Attorney
[RPM)