Pacifica Modesto v. Superior Court CA5

INTRODUCTION

Real party in interest, Suncrest Villas Modesto Maintenance Association (Suncrest), brought an action against Pacifica Modesto LLC, PAC Modesto Inc., Pacifica Companies LLC, ASD Enterprises, Inc., Pacifica Companies, and individuals associated with the entities, including Deepak Israni, Rajib Sengupta, Neil Chaudhuri, Tracy Dalton and Shauna Carson (collectively, petitioners) as well as petitioners’ counsel Ira Gary Wasserman, Deborah Kornheiser and Wasserman Kornheiser (attorney defendants), alleging claims of negligence in the creation of a condominium development and claims of misrepresentation and fraudulent conspiracy in causing Suncrest to release its claims against petitioners. By the time Suncrest filed its second amended complaint against petitioners in September 2018, it had procured and attached exhibits supporting its claims that petitioners, with the assistance of attorney defendants, perpetuated similar fraudulent schemes against at least three other condominium maintenance associations in California. Despite propounding discovery on petitioners on December 1, 2017, they did not provide responses for over three years, forcing Suncrest to file a motion…