Two Beverly Hills homeowners have filed a lawsuit alleging real estate agent Compass rented their home to someone who was illegally using it as a short-term rental location for large parties, including one where someone was fatally shot. Compass fired the agent named in the suit.
Both Compass and the agent who rented the house, Sheree Thiel, are named as defendants in the April 21 complaint.
According to legal records, last year homeowners Shiva and Randy Moshtael hired another Compass agent, Afa Shafa, to rent their property on 2219 San Ysidro Drive in Beverly Hills. On May 30, 2020, they signed a lease with tenant Yuval Ziv, represented by Thiel, and signed the lease under his one-member limited company, Lokal LLC.
The complaint alleges that the plaintiffs and Shafa informed Thiel that the house could only be used as a residence. The lease stipulated that the house “may only be used as personal residence by the following named persons: Yuval Ziv”.
However, plaintiffs’ attorneys allege that Ziv intended to use the property as a short-term rental for people wanting to host parties and other social events, and Thiel knew of that intention and did not disclose it.
“After Ziv took possession of the property, it immediately began using the premises for parties. Renting the premises to people who knew or should have known Ziv at random could be a nuisance,” the complaint said.
“As a result, weekly harassment gatherings endangered and disrupted local residents and the public, causing vandalism, indecency in public, vomiting and urinating in public, fighting, noise and the risk of spreading Covid 19 in these large gatherings where no one wears masks. Threaten the neighbors, swing firearms, shoot and terrorize the neighbors with shots, threats and fights. “
Ziv is said to have continued to use the property as a party rental, despite requests from the Moshtaels to cease and repeated police visits to intervene.
On August 26, 2020, around 2:30 a.m., during a party on the property that was supposed to celebrate a gang member released from prison, a fight broke out between the 25-30 people gathered, and one participant, Deshone Lucas, was shot by another participant.
Lucas was 44 years old and from Santa Clarita, according to local news agency The Signal. The shooter also wounded another participant who was taken to a hospital.
“According to the police authorities, the property was rented to gang members,” the complaint said. “Notwithstanding this incident of fatal violence amid all other dangers and abusive behavior on the part of the party, Mr. Ziv continues to insist on promoting and hosting these nuisance activities on the property, apparently careless and reckless of the risk of injury, death, and anger for residents, attendees, and the public, and such events continued over the Labor Day holiday weekend. “
According to legal records, the Moshtaels terminated their lease with Ziv in early September, but Ziv refused to leave. The Moshtaels then received an injunction against Ziv in mid-September and received an injunction instructing Ziv not to use the property for purposes other than his personal residence in mid-October. The Moshtaels applied for eviction in November.
The complaint alleges that Thiel and Compass knew that Ziv’s plans for the house and their deception were therefore “fraudulent, malicious, depressing and despicable behavior”. Plaintiff’s attorneys allege fraudulent inducement, fraudulent cover-up, breach of fiduciary duty, willful misrepresentation and negligent misrepresentation.
Defendant Thiel lied, misrepresented, and misled plaintiffs when representing Ziv and Lokal LLC on other leasing transactions across California, and knew that Ziv rented homes solely for the purpose of short-term rental of the property to parties and people use other business ventures, ”the complaint said.
Defendant Thiel and Compass defendants always knew that Ziv and Lokal LLC would not use plaintiffs’ property for the purposes they represented Shafa and plaintiffs during the conclusion of the contract and mislead and misrepresent plaintiffs in order to do so convince them to rent their home to Ziv und Lokal LLC. ”
Compass declined to comment on the allegations, but in an email to Inman, a Compass spokesperson said, “This agent is no longer with Compass.” The spokeswoman confirmed she was fired about a month ago and said she was only with Compass for a short time.
Thiel still has a profile page on the Compass website that advertises her skills as a negotiator, “specialist advisor” and “accomplished business woman”. [sic].
“Owners or investors, customers find Sheree’s real estate knowledge and experience invaluable when reviewing a solid business and keep reaching out to them for advice on the logistics of adding value to their property,” it says in the profile.
According to a source familiar with the matter, Compass asked Thiel to leave due in part to the acts described in the lawsuit. Thiel did not respond to requests for comments sent via email and LinkedIn.
The complaint provides for at least $ 1 million in damages.
“As a result of Defendants’ conduct, plaintiffs have been damaged by depreciation of the property, vandalism, loss of expected rental income from the silent enjoyment of the property by a tenant, and potential exposure to harassment on the property and emotional distress for being constantly involved in such disruptive activities must circumvent and try to prevent it, ”the complaint said.
Email Andrea V. Brambila.
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