The moving non-party, Mohsen, brought a motion within a family law proceeding for the release of funds held in trust from the sale of a property he jointly owned with the respondent husband.
The applicant wife and respondent mother-in-law opposed the release, seeking preservation of the funds.
The court found that issue estoppel applied, as a prior order had already determined Mohsen was entitled to his share of the proceeds.
The court further held that Mohsen was not bound by a prior oral agreement to sell his share for a fixed amount, as that agreement had been repudiated, and that he was not liable for a second mortgage on the property.
The court ordered $144,185.13 to be released to Mohsen.
