JANET ELIZABETH FOWLER VS. 440 HOFFMAN INVESTMENTS, LLC, ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23604649 - March 10, 2026 Hearing date: March 10, 2026 Case number: CGC23604649 Case title: JANET ELIZABETH FOWLER VS. 440 HOFFMAN INVESTMENTS, LLC, ET AL Case Number: | | CGC23604649 | Case Title: | | JANET ELIZABETH FOWLER VS. 440 HOFFMAN INVESTMENTS, LLC, ET AL | Court Date: | | 2026-03-10 09:30 AM | Calendar Matter: | | Motion To Enforce Settlement Agreement And Enter Judgment; Memorandum Of Point And Authorities ***Redacted Version*** | Rulings: | | Real Property/Housing Court Law and Motion Calendar for March 10, 2026. Line 1.2. DEFENDANT JOSHUA SILBER, 440 HOFFMAN INVESTMENTS, LLC, TUSCAN CAPITAL MANAGEMENT, LLC Motion To Enforce Settlement Agreement And Enter Judgment; (Redacted Version) is GRANTED as follows:

1. Plaintiff pay Defendants $210,000 within 15 days of the date of the order on this Motion;

2. Upon receipt of the $210,000 payment, Defendants shall transfer all of their right, title, and interest in 440 Hoffman Investments, LLC to Plaintiff, with Plaintiff serving as the sole manager of 440 Hoffman Investments, LLC. The transfer of 440 Hoffman Investments, LLC shall be free and clear of all accounts payable and other liabilities of the company except for payments for mortgage interest payments, insurance, and real property taxes incurred after November 5, 2024, which shall remain liabilities of 440 Hoffman Investments, LLC and not Defendant Silber or Defendant Tuscan Capital Management, LLC;

3. Plaintiff shall save, defend, hold harmless, and indemnify (the "Indemnity Obligation") Defendant Silber from any and all claims, demands, liabilities and guaranties arising out of or relating to the Chase Loan against the Property, Loan No. 22-08000101 (the "Chase Loan") or the corresponding Deed of Trust recorded with the City and County of San Francisco, Doc # 2021133611 (the "440 Hoffman Deed of Trust");

a. Within 15 days of this order each party must make a payment on the Chase Loan to bring it current. Any amounts that became due under the loan on or prior to November 5, 2024 shall be paid by the Defendant(s); any amounts that became due after November 5, 2024 shall be paid by the Plaintiff.

4. Plaintiff shall secure her Indemnity Obligation by conveying to Defendant Silber and recording a deed of trust (the "San Leandro Deed of Trust") to be recorded against Plaintiff's property at 1890 Williams Street, San Leandro, California 94577 (the "San Leandro Property"). The San Leandro Deed of Trust shall secure to Silber the payment of any and all damages, fees, and costs incurred by Silber arising from the Indemnified Claims. The San Leandro Deed of Trust shall provide that Plaintiff irrevocably grants and conveys to a neutral third-party trustee, in trust, with power of sale, the San Leandro Property, which shall serve as collateral in the event that Plaintiff fails to satisfy any obligations with respect to the Indemnity. (cont'd) | |