A homeowner who sued James Harden and others over a contractual dispute related to a Beverly Hills mansion the Houston Rockets guard leased last August can take most of the allegations in the complaint to trial, a judge ruled Monday.
Los Angeles Superior Court Judge Robert S. Draper found there were triable issues in George Santoprieto’s lawsuit against Jeff Wiseman and Solimar Management Co. — who allegedly signed the contract with the plaintiff for Harden’s occupancy of the home — on the causes of action for breach of contract, fraud, fraud in the inducement and unfair business practices.
The judge dismissed Santoprieto’s allegation of breach of the covenant of good faith and fair dealing. Draper also dismissed a claim for abuse of process that Wiseman brought in a countersuit, finding that a letter Santoprieto’s lawyer sent Wiseman and Solimar before the lawsuit was filed was an attempt to settle the case without litigation. Wiseman and Solimar maintained the letter was misleading and made it appear a lawsuit was already filed.
The judge did not address a third motion which deals with a claim by Harden and a real estate agent, Lia Vasdekis, that they were not properly served and are therefore not yet defendants in the case. Draper said he would deal with the motion after a discovery conference is held.
Both the 30-year-old Harden and Vazdekis maintain they did not live at the locations in Houston and Los Angeles, respectively, where the plaintiff maintains they were presented the complaint and summons through substituted service.
Santoprieto’s suit states that Harden paid $82,200 to stay for a week at the home contingent on his not having more than seven guests. But Harden had multiple parties during the lease term in which he had more than 15 people, the property was damaged during his stay and Santoprieto’s relationship with the homeowners association was negatively affected, his suit states.
Trial of the case is scheduled for next June 8.
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