Ben-Yashar'el

Ben-Yashar'el v. Kirschbaum CA2/6

Good Law
Court of Appeal of CaliforniaJuly 15, 2022B315184California1,233 words

Opinion

Opinion

Perren, J.

INTRODUCTION

Appellant Yachim Ben-Yashar’el2 placed an ad in a local newspaper stating he intended to buy an unlisted hilltop property in Westlake Village. He mailed an unsolicited $800 check to the property owner’s trustee (respondent). The unsuspecting trustee deposited the check; whereupon appellant claimed ownership of the property and encumbered it by recording a UCC1 form.3 Respondent demanded appellant remove the encumbrance. Appellant refused; instead he sued to quiet title. The trial court sustained the trustee’s demurrer to the complaint without leave to amend and granted his motion for sanctions in the amount of $7,725. (Code Civ. Proc., § 128.7.) In doing so the court strongly expressed displeasure with appellant’s meritless claim. Appellant appeals both rulings. We affirm in full.

FACTUAL BACKGROUND

Appellant seeks to enforce a non-existent agreement to purchase property at 3970 Victoria Lane in Thousand Oaks (the Property), valued around $30,000,000; his check is for $800.4 The

2 Appellant appears In Pro Per in this court as he did in the court below. He is neither benefited nor prejudiced because of his status. (See Barton v. New United Motor Manufacturing, Inc.…

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