Kapoor

INTRODUCTION

Beginning in June 2020 and continuing through December 2022, Kenny Kapoor on the one hand and Charles Elkins and Zalfa Halaby (Elkins/Halaby) on the other were adverse parties in related multi-party lawsuits arising from Kapoor and Elkins/Halaby’s jointly undertaken real estate investments through their limited liability company, South Shore LLC (South Shore). During the pendency of these actions (the South Shore lawsuits) and through transactions that Elkins/Halaby contend were fraudulent, Clifford Sullivan acquired title to a property occupied by Elkins/Halaby as their personal residence and filed an unlawful detainer action against them. In this context, the trial court, notwithstanding its finding that the evidence did not support a “reasonable probability” that Sullivan would prevail in his action against Elkins/Halaby, issued a pretrial order, requiring Elkins/Halaby to pay Sullivan $11,147 monthly. The mandated monthly payment substantially exceeded the fair rental value of the property, as well as Sullivan’s underlying claim for relief, and was based on Sullivan’s uncorroborated statement of his monthly mortgage obligation on the property. The trial court’s…