Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)

Citation: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Parent Document: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Jurisdiction: California (state)
Effective Date: 2020-09-10
Original Source: https://www.courtlistener.com/opinion/4784084/aljabban-v-fontana-indoor-swap-... ↗

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      Plaintiffs filed a motion to vacate the judgment and a motion for new
trial. No points and authorities were submitted to support the motion for a
new trial. However, in support of the motion to vacate the judgment,
plaintiffs argued that the judgment was contrary to applicable law with
respect to (1) FISM’s retention of the $680.00 of the security deposit, and
(2) plaintiffs’ right to remove the sink/cabinet unit, the water heater and the
decorative molding. Further, in support of the motions, Aljabban filed a
declaration describing the atmosphere in the courtroom during trial, which
he claimed made it impossible for plaintiffs to receive a fair trial.
Specifically, Aljabban stated that (1) “Shapiro was constantly making faces,
mocking signs and gestures . . . while Carrasco was on the witness stand
testifying” and then “stepped up the mockery and threats” during Aljabban’s
testimony; (2) during Shapiro’s testimony, “his attorney was constantly
giving him signals as to how to answer questions from [plaintiffs’ counsel]”;
and (3) he observed “Shapiro signaling witnesses related to Defendants how
to respond to the questions.” The trial court denied the motions.
      On April 5, 2018, the trial court also issued an order, based on the
attorney fees provision in the vendor’s permit, requiring Carrasco and
Aljabban to pay defendants’ attorney fees in the amount of $121,043. On
May 25, 2018, the trial court issued an order awarding $14,374.60 in costs to
defendants.
      Aljabban filed a notice of appeal from the judgment and from the orders
awarding attorney fees and costs. Carrasco is not a party to this appeal.

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