TipTop Restoration v. Zokaeem CA2/1

BACKGROUND

A. Factual Summary Bigan Banafshian, doing business as L.A. Bargain (collectively, Banafshian), was a commercial tenant at a property in Los Angeles, California, owned by Abraham Yadegaran, where he operated a clothing business. In June 2017, the property and Banafshian’s inventory sustained water damage. Pursuant to a written agreement dated June 2, 2017, TipTop provided emergency water damage dry-out and clean-up services for Banafshian at the property. Under the “Emergency Service Authorization Contract” (Emergency Contract), TipTop represented it would bill Banafshian’s insurer as a courtesy. Banafshian agreed that TipTop was authorized to act on Banafshian’s behalf with the insurer and that he would hold any check from the insurer in trust for TipTop’s benefit and give the check to TipTop. Banafshian also agreed that ultimately, he was responsible for payment to TipTop. On July 21, 2017, Banafshian’s insurer, Hartford Casualty Insurance Company (Hartford), advanced $50,000 to Banafshian. The record does not disclose what precipitated this payment. On September 11, 2017, TipTop sent to Banafshian a first detailed invoice for remediating water damage, totaling…