Buchheim v. Anaya CA2/8

Filed 10/13/23 Buchheim v. Anaya CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

MARK BUCHHEIM et al., B312307

Plaintiffs and Appellants, Los Angeles County Super. Ct. No. v. 19STCV04540

GUSTAVE ANAYA et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Steven J. Kleifield, Judge. Affirmed. Bradley Bernstein Sands and Erin Bernstein for Plaintiffs and Appellants. Law Offices of Adam C. Rapaport, Adam C. Rapaport; Benedon & Serlin, Gerald M. Serlin and Wendy S. Albers for Defendants and Respondents. ____________________ Some investors and remodelers flipped homes together. The relationship soured and the investors sued. The trial court

granted summary judgment for the remodelers. The investors’ opening appellate brief does not cite evidence of a disputed fact. We affirm. The parties are individuals and their companies. The investors are Mark Buchheim, Tatjana Luethi, and their company, Prima Impresa, LLC. The remodelers are Gustave Anaya, Olivia Anaya Valenzuela, Maria Anaya Taglioli, and their company, United Home Buyers of America, Inc. The investors and remodelers started working together 15 years ago. The investors would lend money to purchase homes, the remodelers would remodel and sell the homes, and the investors would receive their money back with interest. This case involves a project in which the investors loaned money, the remodelers bought property at an auction, and then the parties disagreed about the scope of the renovations. The investors designated the following facts as undisputed. After negotiations between the investors and the remodelers, investor Buchheim presented a purchase agreement for the investors to buy the property. Buchheim emailed the remodelers and said: “STOP FUCKING AROUND! [¶] YOU ARE ALLOWING US TO SUE AND A LOT MORE IF YOU DON’T SIGN!” The remodelers ultimately signed and Buchheim bought the property from them. As part of the purchase, a title company “wired $471,381.46” to the investors, “to pay off [the investors’] Note with interest.” The purchase agreement had a covenant not to sue. The investors say they were under economic duress when they bought the property and signed this covenant. The investors sued. They claimed the remodelers never repaid the loans for the property.