AVI EDRI VS. TAMAR RACHEL KASSOFF-SOFIOV ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23608726 - July 30, 2025 Hearing date: July 30, 2025 Case number: CGC23608726 Case title: AVI EDRI VS. TAMAR RACHEL KASSOFF-SOFIOV ET AL Case Number: | | CGC23608726 | Case Title: | | AVI EDRI VS. TAMAR RACHEL KASSOFF-SOFIOV ET AL | Court Date: | | 2025-07-30 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For An Order Enforcing Written Settlement Agreement, And/Or For An Interlocut0ry Judgment For Partition And Sale Of Real Property And For Appointment Of Partition Referee | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 30, 2025, line 4.

Plaintiff's Motion for Order Enforcing Written Settlement Agreement, and/or for an Interlocutory Judgment is GRANTED, in part, as to the request for Liquated Damages (Section 12 of the Settlement Agreement). Plaintiff is entitled to the sum of $50,000 previously deposited in Escrow for liquidated damages as a result of Defendant's failure to remove Edri from the Filbert Street loan as required by Section 4(a), by the February 14, 2025 Close of Escrow deadline.

Plaintiff's requests for judgment and for partition are denied. While it is undisputed that Defendant missed the February 14, 2025 Close of Escrow deadline, the Court finds that under the circumstances, there was a mutual intent to continue performing under the agreement, such that the missed deadline was not material breach of the agreement. The evidence shows the parties were in regular contact from March until June 2025, when Defendant was finally able to obtain financing. During this time, Defendant was providing assurances to Plaintiff that they were still proceeding in good faith to obtain financing.

Defendant also performed a central obligation under the Agreement by quit-claiming his interest in the States Street property, conferring a substantial value on Plaintiff. As for Plaintiff, the evidence shows Plaintiff was still willing to perform under the agreement, despite the missed deadline, provided that Defendant tender the $600,000 in cash, as opposed to a combination of cash and a promissory note. Finally, the parties' agreement provides the remedy for the missed deadline in the form of a liquidated damages provision. =(501/GLW)

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