I don't know that I have an opinion about this yet but there are other documents that I will upload that will need to be looked at as well to come to a conclusion.
Sample request for entry of default under rule 55(a) in United States Distric...LegalDocsPro
This sample request for entry of default under Rule 55(a) in United States District Court is filed pursuant to Rule 55(a) of the Federal Rules of Civil Procedure to request that the clerk enter the default of a defendant or defendants that have been properly served and have failed to plead or otherwise respond within the time limit allowed under Rule 12 of the Federal Rules of Civil Procedure. The sample is 6 pages and includes brief instructions, a sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Customary law refers to personal laws that apply to specific racial, religious, or ethnic groups based on long-standing social practices accepted as binding by society. Customary law exists where a legal practice is observed and considered law. In international law, customary law refers to legal norms that have developed through customary exchanges between states over time. While customary law is not very relevant for Chinese and Indian communities in Malaysia today due to the Law Reform Act of 1976, indigenous communities in East Malaysia still use customary laws, and Malay customary laws apply in some family and inheritance matters in Peninsular Malaysia.
The Six Widows' Case examined the application of Chinese customary law allowing polygamous marriages in Malaysia. The court recognized the marriages
Brown Opposition To Plaintiff Motion To Amend ComplaintJRachelle
This document is a memorandum filed by Susan M. Brown and the Law Offices of Susan M. Brown in opposition to Howard K. Stern's motion to amend his complaint to join them as additional defendants. The memorandum argues that the motion to amend should be denied on the grounds of prejudice and futility. It asserts that Brown would be prejudiced by the late addition as a defendant since discovery is largely complete. It also argues that the attempts to apply California law are futile since South Carolina law applies, and that the complaint fails to properly plead causes of action under South Carolina law against Brown.
Sample special interrogatories for CaliforniaLegalDocsPro
These sample special interrogatories for California is for a California civil case and is intended to be used by a defendant but can be modified for use by a plaintiff. The sample document on which this preview is based is very detailed and is 33 pages long including the declaration for additional discovery and proof of service by mail.
Sample California motion for change of venue LegalDocsPro
This document is a notice of motion and motion for change of venue filed in a California Superior Court. It states that the defendant resides in a different county than where the lawsuit was filed. The defendant argues that venue is improper and moves to transfer the case to the county of their residence. It provides statements of facts about the parties and case, and legal arguments citing California code sections that allow for a change of venue when the defendant resides in a different county. It requests that the court order the transfer of venue and require the plaintiff to pay costs associated with the transfer.
Sample responses to form interrogatories for California divorceLegalDocsPro
These sample responses to form interrogatories for a California divorce can also be used in a legal separation or nullity case as well. They are designed to be used in responding to Judicial Council Form FL-145 Form Interrogatories-Family Law. The sample on which this preview is based is 10 pages and contains brief instructions, a verification and proof of service by mail.
Sample California motion to bifurcate marital statusLegalDocsPro
This sample points and authorities in support of a motion to bifurcate marital status in California is filed under the provisions of Family Code section 2337 and is used when a party is requesting an early and separate trial on the issue of dissolution of marital status, the sample also requests an early and separate trial on other issues as well pursuant to California Rule of Court 5.390(b). The sample on which this preview is based is 8 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.
This document discusses resulting trusts, which arise in the absence of express trusts when the beneficial interest returns to the settlor. There are two types of resulting trusts: automatic resulting trusts, which arise whenever the beneficial interest has not been fully disposed of by an express trust; and presumed resulting trusts. Automatic resulting trusts occur in situations like when an express trust fails due to lack of formalities, an incomplete disposal of the beneficial interest, or other reasons. Surplus funds from unincorporated associations may also result in a resulting trust, with courts determining on a case-by-case basis whether the surplus reverts back to contributors under a resulting trust or is distributed contractually.
Sample request for entry of default under rule 55(a) in United States Distric...LegalDocsPro
This sample request for entry of default under Rule 55(a) in United States District Court is filed pursuant to Rule 55(a) of the Federal Rules of Civil Procedure to request that the clerk enter the default of a defendant or defendants that have been properly served and have failed to plead or otherwise respond within the time limit allowed under Rule 12 of the Federal Rules of Civil Procedure. The sample is 6 pages and includes brief instructions, a sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Customary law refers to personal laws that apply to specific racial, religious, or ethnic groups based on long-standing social practices accepted as binding by society. Customary law exists where a legal practice is observed and considered law. In international law, customary law refers to legal norms that have developed through customary exchanges between states over time. While customary law is not very relevant for Chinese and Indian communities in Malaysia today due to the Law Reform Act of 1976, indigenous communities in East Malaysia still use customary laws, and Malay customary laws apply in some family and inheritance matters in Peninsular Malaysia.
The Six Widows' Case examined the application of Chinese customary law allowing polygamous marriages in Malaysia. The court recognized the marriages
Brown Opposition To Plaintiff Motion To Amend ComplaintJRachelle
This document is a memorandum filed by Susan M. Brown and the Law Offices of Susan M. Brown in opposition to Howard K. Stern's motion to amend his complaint to join them as additional defendants. The memorandum argues that the motion to amend should be denied on the grounds of prejudice and futility. It asserts that Brown would be prejudiced by the late addition as a defendant since discovery is largely complete. It also argues that the attempts to apply California law are futile since South Carolina law applies, and that the complaint fails to properly plead causes of action under South Carolina law against Brown.
Sample special interrogatories for CaliforniaLegalDocsPro
These sample special interrogatories for California is for a California civil case and is intended to be used by a defendant but can be modified for use by a plaintiff. The sample document on which this preview is based is very detailed and is 33 pages long including the declaration for additional discovery and proof of service by mail.
Sample California motion for change of venue LegalDocsPro
This document is a notice of motion and motion for change of venue filed in a California Superior Court. It states that the defendant resides in a different county than where the lawsuit was filed. The defendant argues that venue is improper and moves to transfer the case to the county of their residence. It provides statements of facts about the parties and case, and legal arguments citing California code sections that allow for a change of venue when the defendant resides in a different county. It requests that the court order the transfer of venue and require the plaintiff to pay costs associated with the transfer.
Sample responses to form interrogatories for California divorceLegalDocsPro
These sample responses to form interrogatories for a California divorce can also be used in a legal separation or nullity case as well. They are designed to be used in responding to Judicial Council Form FL-145 Form Interrogatories-Family Law. The sample on which this preview is based is 10 pages and contains brief instructions, a verification and proof of service by mail.
Sample California motion to bifurcate marital statusLegalDocsPro
This sample points and authorities in support of a motion to bifurcate marital status in California is filed under the provisions of Family Code section 2337 and is used when a party is requesting an early and separate trial on the issue of dissolution of marital status, the sample also requests an early and separate trial on other issues as well pursuant to California Rule of Court 5.390(b). The sample on which this preview is based is 8 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.
This document discusses resulting trusts, which arise in the absence of express trusts when the beneficial interest returns to the settlor. There are two types of resulting trusts: automatic resulting trusts, which arise whenever the beneficial interest has not been fully disposed of by an express trust; and presumed resulting trusts. Automatic resulting trusts occur in situations like when an express trust fails due to lack of formalities, an incomplete disposal of the beneficial interest, or other reasons. Surplus funds from unincorporated associations may also result in a resulting trust, with courts determining on a case-by-case basis whether the surplus reverts back to contributors under a resulting trust or is distributed contractually.
The document summarizes the legal history of Malaysia from pre-colonial times up until the mid-20th century. It discusses the various legal influences and systems in place in different regions, including Malay customary law, Islamic law, and the gradual introduction and establishment of English law through British colonization. Specifically, it covers the legal structures and authorities in the Malacca Sultanate, the Straits Settlements of Penang, Singapore, and Malacca, the Federated Malay States, and the states of Sabah and Sarawak. The legal pluralism that developed with different laws applying to different ethnic populations is also addressed.
[Client's Name] wants to sue [Defendant's Name] for intentional infliction of emotional distress over incidents where he publicly ridiculed her weight. However, she cannot establish two key elements of an IIED claim. She did not seek medical diagnosis or treatment for her symptoms like headaches and anxiety, so she cannot prove the conduct caused severe distress or that her distress was worse than a reasonable person would experience. While [Defendant's Name's] behavior targeting her weight was intentional and outrageous, especially drawing a naked caricature, without medical evidence of impacts she cannot meet the legal standard for an IIED claim.
This document discusses the fusion of equity and common law in England following the Judicature Acts. It provides examples of how:
1) Early cases disagreed on whether the Acts fused equity and common law or just consolidated their administration. Over time there was some comingling and co-mingling of the two.
2) Equitable principles and remedies began to be applied in cases that would have previously been matters of common law alone, through doctrines like analogy.
3) Equity generally prevailed over the common law in cases of conflict between them, though procedures remained separate. Over the long run this led to a replacement of many common law rules with equitable rules.
The document discusses the legal doctrine of cy-près, which allows charitable funds to be applied to similar charitable purposes if the original purpose becomes impossible, impracticable, or illegal to carry out. It provides background on the meaning and origins of cy-près, examines its application in cases of initial failure or subsequent failure of a charity. It also notes that while England has express cy-près laws, Malaysia does not, but courts still apply the doctrine depending on the width of the charitable intent established.
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptxPhuyalVijay
This document summarizes the development of the law on duty of care in the UK and Malaysia. It outlines the neighbour principle established in Donoghue v Stevenson, the two-stage test from Anns v Merton, and the composite test from Caparo Industries v Dickman. In Malaysia, early cases like Sathu v Hawthornden Rubber helped develop the law. Current tests consider foreseeability of damage, proximity of relationship, and whether imposing a duty of care would be fair, just and reasonable. The document also discusses who can be a plaintiff, including those not directly suffering loss. Recent Malaysian cases further developed concepts of foreseeability and proximity.
Kelantan Islamic Family Law Enactment 2002Azrin Hafiz
Disclaimer:
For the examination purposes only.
For the syllabus of LAW 605 - Family Law I (Islamic) in Faculty of Law, Universiti Teknologi MARA, Malaysia
Motion to Dismiss Claims for Misappropriation of Trade Secrets and Tortious Interference under Florida law. Tampa, Florida. Hillsborough County Circuit Court - Complex Business Litigation Division.
Pollard PLLC
P. 954-332-2380
DOCUMENTATION OF THE NATIONAL CONSULTATION IN PREPARATION FOR THE HIGH LEVEL ...Carmen Zubiaga
Formulation of Philippine Statement for input to the outcome document of the High Level Level Meeting on Disability and Development to be held in New York on September 23 2013.
The district court erred in convicting Samantha Clark under 18 U.S.C. § 1001 for statements made during plea negotiations with the U.S. Attorney's office while representing a criminal defendant. Subsection (b) of § 1001 creates an exception for statements made by a party or their counsel during a judicial proceeding. The district court relied on inapplicable case law that did not address this exception. As Clark's statements were made in her role as defense counsel during a judicial proceeding, she was exempt from prosecution under the plain language of subsection (b).
The document discusses the jurisdiction of various Malaysian civil courts. The Magistrate's Court and Session Court have jurisdiction over civil claims involving monetary amounts up to RM100,000 and RM1,000,000 respectively. Case law has established that parties can consent to have claims exceeding these limits tried in the lower courts. The Session Court does not have jurisdiction over matters relating to immovable property title disputes, trusts, or questions regarding marriages or guardianship, with some exceptions.
The document discusses two motions in the case of Stephen M. Gaggero v. Knapp, Petersen and Clarke, et al.
1) The court partially granted the plaintiff's motion to quash the third deposition notice but ordered that the plaintiff submit to a final deposition of no more than 10 hours on a mutually agreeable date.
2) The court denied the plaintiff's motion to quash the subpoena for production of documents from the plaintiff's previous attorney. The court found that the plaintiff waived privilege by suing both the defendant and previous attorney and putting the attorney's conduct at issue. The documents were ordered to be produced.
Plaintiff Vladimir Malakhov filed a notice of voluntary dismissal, dismissing the case against Defendant Michael D. Cohen that was filed in the 11th Judicial Circuit Court in Miami-Dade County, Florida. Plaintiff's attorney certified that a copy of the notice of dismissal was mailed to Defendant's attorney.
MALAYSIAN LEGAL SYSTEM Legal history STRAITS SETTLEMENTS PART2xareejx
This document discusses the history of Singapore from its time as part of the Malay kingdom of Malacca to its establishment as a British colony in 1819. It notes that Singapore was initially under Portuguese and Dutch rule before coming under permanent British control in 1824 through a treaty with the Sultan of Johor. The document also outlines the legal developments in Singapore and the other Straits Settlements of Penang and Malacca as English law was introduced through various Royal Charters and applied with some modifications to accommodate local customs and religions.
Sample motion to vacate California divorce judgment for fraud and perjuryLegalDocsPro
This sample motion to vacate a dissolution (divorce) judgment in California on the grounds of fraud and perjury is filed pursuant to the provisions of California Family Code sections 2122(a) and (b). This sample can also be used to vacate a legal separation or nullity judgment in California as well. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
Sample California motion for summary judgment by plaintiffLegalDocsPro
This sample California motion for summary judgment by a plaintiff is filed pursuant to Code of Civil Procedure 437c on the grounds that summary judgment should be granted as no triable issue of material fact exists in that plaintiff has proved each required element of a cause or causes of action and there is no defense thereto. The sample is 19 pages and includes brief instructions, a table and contents and table of authorities with an opening summary of argument, memorandum of points and authorities with citations to case law and statutory authority, separate statement of undisputed material facts, sample declaration, proposed order and proof of service.
Nur Najah is seeking a divorce from her husband Azhar through fasakh, on the grounds of domestic violence. Fasakh allows for the dissolution of a marriage due to circumstances permitted under Islamic law, such as cruelty. Domestic violence under Malaysian law includes physical or psychological harm. Nur Najah alleges that Azhar has assaulted her and the children, and his drug use and late nights returning home have made her life miserable. If the court finds her allegations amount to cruelty as defined by Islamic law and the Domestic Violence Act, she may be granted a fasakh divorce.
The law commission is currently in the process of examining the formalities required for the creation of trust and the disposition of equitable interest by beneficiaries. The view is that s.53 of the law of property act 1925 has led to too much litigation, with the result that the purpose and object of the section lost.
1) The document discusses the nature and scope of a Registrar's Caveat under Section 320(1) of the National Land Code, which allows the Registrar to enter a caveat on land to protect against fraud or improper dealings or to protect certain interests.
2) It outlines the Registrar's powers to enter a caveat and the circumstances under which a caveat can be entered. An aggrieved party can appeal the Registrar's decision or apply to have the caveat removed.
3) The effect of a caveat is to prevent dealings on the disputed land. A caveat does not have an expiration date and continues until cancelled by the Registrar either on their
This complaint alleges violations of the Fair Labor Standards Act and Arizona labor laws by Defendants XY Corporation, Paul Adam, and Paula Adam against Plaintiffs Jane Doe, John Doe, and Joanna Smith. The Plaintiffs worked for Defendants' ice cream business for several years, but were paid less than minimum wage, denied overtime pay, and were not paid at all during some weeks. The complaint seeks damages for unpaid wages, overtime pay, and penalties as provided under federal and state law.
The document provides information from the Arizona Corporation Commission about Interactive Reasoning, Inc. It summarizes that the corporation was incorporated on October 25, 2000 in Arizona as a general consulting business. It lists the corporation's address, officers, directors, statutory agent, and filing history of annual reports.
The document summarizes the legal history of Malaysia from pre-colonial times up until the mid-20th century. It discusses the various legal influences and systems in place in different regions, including Malay customary law, Islamic law, and the gradual introduction and establishment of English law through British colonization. Specifically, it covers the legal structures and authorities in the Malacca Sultanate, the Straits Settlements of Penang, Singapore, and Malacca, the Federated Malay States, and the states of Sabah and Sarawak. The legal pluralism that developed with different laws applying to different ethnic populations is also addressed.
[Client's Name] wants to sue [Defendant's Name] for intentional infliction of emotional distress over incidents where he publicly ridiculed her weight. However, she cannot establish two key elements of an IIED claim. She did not seek medical diagnosis or treatment for her symptoms like headaches and anxiety, so she cannot prove the conduct caused severe distress or that her distress was worse than a reasonable person would experience. While [Defendant's Name's] behavior targeting her weight was intentional and outrageous, especially drawing a naked caricature, without medical evidence of impacts she cannot meet the legal standard for an IIED claim.
This document discusses the fusion of equity and common law in England following the Judicature Acts. It provides examples of how:
1) Early cases disagreed on whether the Acts fused equity and common law or just consolidated their administration. Over time there was some comingling and co-mingling of the two.
2) Equitable principles and remedies began to be applied in cases that would have previously been matters of common law alone, through doctrines like analogy.
3) Equity generally prevailed over the common law in cases of conflict between them, though procedures remained separate. Over the long run this led to a replacement of many common law rules with equitable rules.
The document discusses the legal doctrine of cy-près, which allows charitable funds to be applied to similar charitable purposes if the original purpose becomes impossible, impracticable, or illegal to carry out. It provides background on the meaning and origins of cy-près, examines its application in cases of initial failure or subsequent failure of a charity. It also notes that while England has express cy-près laws, Malaysia does not, but courts still apply the doctrine depending on the width of the charitable intent established.
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptxPhuyalVijay
This document summarizes the development of the law on duty of care in the UK and Malaysia. It outlines the neighbour principle established in Donoghue v Stevenson, the two-stage test from Anns v Merton, and the composite test from Caparo Industries v Dickman. In Malaysia, early cases like Sathu v Hawthornden Rubber helped develop the law. Current tests consider foreseeability of damage, proximity of relationship, and whether imposing a duty of care would be fair, just and reasonable. The document also discusses who can be a plaintiff, including those not directly suffering loss. Recent Malaysian cases further developed concepts of foreseeability and proximity.
Kelantan Islamic Family Law Enactment 2002Azrin Hafiz
Disclaimer:
For the examination purposes only.
For the syllabus of LAW 605 - Family Law I (Islamic) in Faculty of Law, Universiti Teknologi MARA, Malaysia
Motion to Dismiss Claims for Misappropriation of Trade Secrets and Tortious Interference under Florida law. Tampa, Florida. Hillsborough County Circuit Court - Complex Business Litigation Division.
Pollard PLLC
P. 954-332-2380
DOCUMENTATION OF THE NATIONAL CONSULTATION IN PREPARATION FOR THE HIGH LEVEL ...Carmen Zubiaga
Formulation of Philippine Statement for input to the outcome document of the High Level Level Meeting on Disability and Development to be held in New York on September 23 2013.
The district court erred in convicting Samantha Clark under 18 U.S.C. § 1001 for statements made during plea negotiations with the U.S. Attorney's office while representing a criminal defendant. Subsection (b) of § 1001 creates an exception for statements made by a party or their counsel during a judicial proceeding. The district court relied on inapplicable case law that did not address this exception. As Clark's statements were made in her role as defense counsel during a judicial proceeding, she was exempt from prosecution under the plain language of subsection (b).
The document discusses the jurisdiction of various Malaysian civil courts. The Magistrate's Court and Session Court have jurisdiction over civil claims involving monetary amounts up to RM100,000 and RM1,000,000 respectively. Case law has established that parties can consent to have claims exceeding these limits tried in the lower courts. The Session Court does not have jurisdiction over matters relating to immovable property title disputes, trusts, or questions regarding marriages or guardianship, with some exceptions.
The document discusses two motions in the case of Stephen M. Gaggero v. Knapp, Petersen and Clarke, et al.
1) The court partially granted the plaintiff's motion to quash the third deposition notice but ordered that the plaintiff submit to a final deposition of no more than 10 hours on a mutually agreeable date.
2) The court denied the plaintiff's motion to quash the subpoena for production of documents from the plaintiff's previous attorney. The court found that the plaintiff waived privilege by suing both the defendant and previous attorney and putting the attorney's conduct at issue. The documents were ordered to be produced.
Plaintiff Vladimir Malakhov filed a notice of voluntary dismissal, dismissing the case against Defendant Michael D. Cohen that was filed in the 11th Judicial Circuit Court in Miami-Dade County, Florida. Plaintiff's attorney certified that a copy of the notice of dismissal was mailed to Defendant's attorney.
MALAYSIAN LEGAL SYSTEM Legal history STRAITS SETTLEMENTS PART2xareejx
This document discusses the history of Singapore from its time as part of the Malay kingdom of Malacca to its establishment as a British colony in 1819. It notes that Singapore was initially under Portuguese and Dutch rule before coming under permanent British control in 1824 through a treaty with the Sultan of Johor. The document also outlines the legal developments in Singapore and the other Straits Settlements of Penang and Malacca as English law was introduced through various Royal Charters and applied with some modifications to accommodate local customs and religions.
Sample motion to vacate California divorce judgment for fraud and perjuryLegalDocsPro
This sample motion to vacate a dissolution (divorce) judgment in California on the grounds of fraud and perjury is filed pursuant to the provisions of California Family Code sections 2122(a) and (b). This sample can also be used to vacate a legal separation or nullity judgment in California as well. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
Sample California motion for summary judgment by plaintiffLegalDocsPro
This sample California motion for summary judgment by a plaintiff is filed pursuant to Code of Civil Procedure 437c on the grounds that summary judgment should be granted as no triable issue of material fact exists in that plaintiff has proved each required element of a cause or causes of action and there is no defense thereto. The sample is 19 pages and includes brief instructions, a table and contents and table of authorities with an opening summary of argument, memorandum of points and authorities with citations to case law and statutory authority, separate statement of undisputed material facts, sample declaration, proposed order and proof of service.
Nur Najah is seeking a divorce from her husband Azhar through fasakh, on the grounds of domestic violence. Fasakh allows for the dissolution of a marriage due to circumstances permitted under Islamic law, such as cruelty. Domestic violence under Malaysian law includes physical or psychological harm. Nur Najah alleges that Azhar has assaulted her and the children, and his drug use and late nights returning home have made her life miserable. If the court finds her allegations amount to cruelty as defined by Islamic law and the Domestic Violence Act, she may be granted a fasakh divorce.
The law commission is currently in the process of examining the formalities required for the creation of trust and the disposition of equitable interest by beneficiaries. The view is that s.53 of the law of property act 1925 has led to too much litigation, with the result that the purpose and object of the section lost.
1) The document discusses the nature and scope of a Registrar's Caveat under Section 320(1) of the National Land Code, which allows the Registrar to enter a caveat on land to protect against fraud or improper dealings or to protect certain interests.
2) It outlines the Registrar's powers to enter a caveat and the circumstances under which a caveat can be entered. An aggrieved party can appeal the Registrar's decision or apply to have the caveat removed.
3) The effect of a caveat is to prevent dealings on the disputed land. A caveat does not have an expiration date and continues until cancelled by the Registrar either on their
This complaint alleges violations of the Fair Labor Standards Act and Arizona labor laws by Defendants XY Corporation, Paul Adam, and Paula Adam against Plaintiffs Jane Doe, John Doe, and Joanna Smith. The Plaintiffs worked for Defendants' ice cream business for several years, but were paid less than minimum wage, denied overtime pay, and were not paid at all during some weeks. The complaint seeks damages for unpaid wages, overtime pay, and penalties as provided under federal and state law.
The document provides information from the Arizona Corporation Commission about Interactive Reasoning, Inc. It summarizes that the corporation was incorporated on October 25, 2000 in Arizona as a general consulting business. It lists the corporation's address, officers, directors, statutory agent, and filing history of annual reports.
Answer counterclaim and 3rd party complaint666isMONEY, Lc
This document contains the Defendants' answer, counterclaim, and third party complaint in response to a lawsuit filed by NT Properties, LLC. The Defendants deny many of the allegations in NT Properties' complaint. They dispute the validity of the homeowners associations and covenants, conditions, and restrictions that NT Properties claims apply. The Defendants also allege several affirmative defenses, including that the complaint fails to state a valid claim, is barred by the statute of limitations, and that NT Properties caused its own damages or failed to mitigate damages.
This document is a class action complaint filed in the United States District Court for the Northern District of Illinois on behalf of retired Cook County Sheriff officers who were denied concealed carry licenses under the Illinois Retired Officer Concealed Carry Program. The complaint alleges that the defendants negligently or intentionally failed to acknowledge that the plaintiffs met the requirements to obtain concealed carry licenses, in violation of the plaintiffs' Second, Fifth and Fourteenth Amendment rights. The complaint seeks declaratory and injunctive relief as well as damages on behalf of approximately 186 retired officers who were denied licenses due to the alleged improper conduct of the defendants.
Sample notice of lawsuit and request for waiver of service of summons in Unit...LegalDocsPro
This sample notice of lawsuit and request for waiver of service of a summons in United States District Court under Rule 4(d) is used pursuant to subdivision (d) of Federal Rule of Civil Procedure 4. This subdivision imposes a duty on any defendant who is an individual that is not a minor or incompetent, or is a corporation or association to avoid the unnecessary expenses of serving the summons. The sample is 5 pages and contains brief instructions as well as a sample waiver of the service of a summons containing all required statutory language. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents.
First LowT Complaint filed in Georgia Punitive Damagesmzamoralaw
Charles Littleton filed a complaint against AbbVie Inc. and Abbott Laboratories Inc. regarding injuries from the prescription drug AndroGel. Littleton alleges that Defendants misrepresented AndroGel as safe and effective for hypogonadism despite knowing studies linked testosterone therapies to increased cardiac risks. Littleton was prescribed AndroGel for low testosterone but claims AndroGel caused him injuries. Defendants carried out a large marketing campaign to promote low testosterone as underdiagnosed and AndroGel as easy to use, which significantly increased AndroGel sales and prescriptions. However, several studies have found testosterone therapies like AndroGel increase risks of heart attack, stroke, and death
This complaint was filed in the United States District Court for the District of South Carolina by Howard K. Stern as the executor of Anna Nicole Smith's estate against Stancil "Ford" Shelley, G. Ben Thompson, and unnamed defendants. It alleges that less than 24 hours after Smith's death, Shelley entered her Bahamas home without authorization, removed numerous personal and private items, and provided some of these items to media outlets. The complaint brings causes of action related to the unauthorized removal and distribution of Smith's personal property.
Donna and Steven Miller filed a civil lawsuit against Joseph Evans for injuries sustained in a rear-end motor vehicle collision. The complaint alleges that on November 30, 2011, Donna Miller's vehicle was stopped at a red light when it was struck from behind by Evans' vehicle. Donna Miller suffered various injuries including bulging discs, dizziness, nausea, and chronic neck and back pain. She is seeking damages for medical expenses, lost earnings, pain and suffering. Steven Miller, as Donna's husband, is also a plaintiff seeking damages for loss of consortium due to his wife's injuries. The Millers are each requesting judgments not exceeding $50,000.
Temuryan vs. Cosway, et al Second Amended ComplaintOrganoGold
This document is a second amended complaint filed by Plaintiffs Armen Temuryan and Houry Tartarian against multiple defendants including Cosway USA Inc., Epicera Incorporated, Glen Jensen, Brent Jensen, Jahsen K. Ahlem, Douglas Wead, and Regina Noriega. The complaint alleges 12 causes of action including breach of contract, breach of covenant, conversion, fraud, negligent misrepresentation, unfair business practices, civil conspiracy, and interference with economic advantage. It provides background on the plaintiffs' business relationship with Cosway as independent business owners and retail store operators, and alleges the corporate defendants were alter egos of the individual defendants.
1. Justin King filed a complaint against Anheuser-Busch Companies and driver Frank Cuellar for negligence stemming from a motorcycle accident.
2. According to the complaint, in April 2011 King was driving on the highway when a beer delivery truck driven by Cuellar started losing its cargo of beer cases, causing King to crash and sustain severe facial fractures requiring hospitalization.
3. King alleges Cuellar breached his duty to properly secure the load and is seeking $245,000 to cover past and future medical expenses.
Shelleys - 7-19-2010 Answer to 1st amended complaintJRachelle
This document is an answer filed by defendants Stancil Shelley and Gina Thompson Shelley in response to a first amended complaint. It denies many of the allegations against them, such as wrongfully entering a property and taking property without authorization. It admits some factual allegations, such as names and events, but denies violating any laws or conspiring against the plaintiff. Overall, the document raises various defenses in response to the claims in the first amended complaint.
Illinois Complaint Against Financial Advisor Charged With Falsely Advertising...Advisors4Advisors
The complaint alleges that Defendants Dick Van Dyke Financial, Ltd. and Richard Lee Van Dyke, Jr. engaged in unfair and deceptive business practices related to the marketing and sale of insurance products, particularly deferred annuities, to senior citizens. Specifically, the complaint alleges that the Defendants misrepresented Dick Van Dyke's qualifications and credentials to portray him as an objective financial expert, when in fact his primary business was selling annuities on commission. The complaint further alleges that the Defendants used misleading and deceptive marketing strategies, including false claims about Dick Van Dyke's credentials and certifications, as well as misrepresentations about the nature of "educational seminars" to target senior citizens for the sale of annuities
Memo In Support Of Motion To Amend And Add DefendantsJRachelle
This document is a brief in support of a motion for leave to amend and supplement a complaint and join additional defendants. It summarizes that the plaintiff has discovered new information through discovery that warrants adding new claims, defendants, and factual details to the original complaint. Specifically, it seeks to add Gaither Thompson, Melanie Thompson, and Gina Shelley as defendants as accomplices in removing property from the estate, and to add Susan Brown and her law firm for unlawfully distributing estate property to third parties. The brief argues the amendment is timely and will not prejudice the defendants.
The document provides 40 tips over 5 sections to optimize a WordPress website for speed, SEO, maintenance, social media, and analytics. It recommends plugins and tools to improve performance, rankings, backups, uptime monitoring, social sharing, and traffic tracking. The author also promotes his own services for WordPress support and optimization.
This document is a complaint filed in California Superior Court alleging various causes of action against Jerry Goldman, J.B. Goldman Insurance Agency, and others related to their roles as insurance brokers for the plaintiffs over 20 years. The complaint alleges that the defendants breached their duties by fraudulently overcharging premiums, embezzling hundreds of thousands or millions of dollars, failing to procure all promised policies, providing duplicative coverage, and concealing their actions. Causes of action alleged include professional negligence, breach of fiduciary duty, fraud, conversion, and others. The plaintiffs are seeking damages.
This document is a first amended class action complaint filed against Herbalife by five plaintiffs. It alleges that Herbalife operates an endless chain scheme in violation of California law. The complaint alleges that while Herbalife promised distributors they could earn money if they put in time and effort, in reality over 87% of distributors earn nothing from Herbalife. It alleges Herbalife sets the prices of its products and commissions in a way that forces most distributors to self-consume products rather than make retail sales. The complaint seeks to certify a class of Herbalife distributors from 2009 to the present and bring claims under California unfair competition and false advertising laws.
Plaintiffs Cong Wang and Seaseng Inc. filed a complaint against Defendants Kandi Technologies Corp. and related entities alleging fraudulent business practices. Plaintiffs agreed to be a distributor for Defendants' products. However, Defendants failed to fulfill promises, stole Plaintiffs' corporate documents and trade secrets, and falsely claimed ownership of Plaintiffs' business. Defendants have employed threats and frivolous lawsuits to force Plaintiffs to relinquish control. Plaintiffs bring claims under RICO and state law for breach of contract, fraud, and other torts.
LENOX FINANCIAL vs. THE MORTGAGE INSIDER MEDIA, LLC and ROB K. BLAKE and TERR...Lenox Financial
Complaint filed by LENOX FINANCIAL vs. THE MORTGAGE INSIDER MEDIA, LLC and ROB K. BLAKE and TERRI EWING personally -- Filed August 4, 2010 in the Georgia Northern District Court -- Nature of Suit: Intellectual Property - Trademark -- Jury trial demanded.
This case involves a dispute over attorney's fees. The spouses Cadavedo hired Atty. Lacaya to represent them in a land dispute, agreeing to a contingent fee of PHP 2,000. However, Atty. Lacaya later took half of the disputed land as his fee without the spouses' consent. The RTC found this fee excessive and unconscionable, reducing the land area awarded to Atty. Lacaya. The CA then reversed the RTC's decision, upholding the original partition agreement. The Supreme Court reinstated the RTC ruling, finding the contingent fee agreement binding and Atty. Lacaya's actions as exceeding the scope of the agreement.
Former state water official files federal civil rights lawsuit against Las Ve...This Is Reno
Robert Coache has applied to receive an official exoneration by the State of Nevada after serving time in prison for crimes the Nevada Supreme Court later dismissed for lack of evidence. Whether he is granted that status, however, remains to be seen.
Coache, who spent 16 months in prison, could be eligible for $50,000 a year for each year served, under a 2019 law passed by the Nevada legislature.
It’s a drop in the bucket compared with the $5 million in damages he is now seeking in a federal civil rights lawsuit filed against Las Vegas Metropolitan Police Department (LVMPD) and the Clark County District Attorney’s Office.
Coache faced 49 charges, “spent over sixteen months in prison and was on parole for conspiracy to commit extortion by public officer or employee, extortion by public officer or employee, conspiracy to commit asking or receiving bribe by public officer, asking, or receiving bribe by public officer, conspiracy to commit money laundering, and forty-four counts of money laundering,” his attorneys said.
The Nevada Supreme Court in 2019 dismissed the 49 charges against him citing lack of evidence.
This document is the first amended complaint filed by plaintiff Marsha Scribner against multiple defendants including California Loan Servicing, LLC, Frank Yan, James Salondaka, Some Mortgage Bankers, Inc., and Bank of America. The complaint alleges fraud, breach of fiduciary duty, negligence, and other claims related to an adjustable interest-only mortgage loan. Specifically, it alleges that brokers misrepresented the terms of the loan, failed to disclose risks, and had a financial interest in steering plaintiff into an unfavorable loan. The complaint seeks damages and equitable relief.
This document summarizes an appeal from an order granting a motion to add additional judgment debtors to a judgment in a malpractice lawsuit. The additional judgment debtors included entities (limited partnerships and LLCs) that were previously owned by the plaintiff, an entity that managed the plaintiff's assets, and trusts to which the plaintiff had transferred ownership of the entities. The trial court found all were alter egos of the plaintiff. The additional judgment debtors and plaintiff appealed, raising arguments that they were legally separate and the evidence was insufficient, but the appellate court affirmed, finding the arguments unpersuasive.
Esedebe et al v. Circle 2 Inc et al - SummaryThomasJakob6
This document is a complaint filed in United States District Court by nine plaintiffs against six defendants. The plaintiffs, who worked as entertainers at various clubs owned by the defendants, allege that the defendants violated federal and state wage laws by failing to pay minimum wage, overtime wages, and allowing employees to keep their tips. The complaint provides background on the parties, describes the plaintiffs' job duties and the defendants' control over their employment, and alleges that the defendants misclassified the plaintiffs as independent contractors when they were actually employees under the law. The complaint brings two counts, for violations of the Fair Labor Standards Act and Virginia state wage law.
This document is a petition for review filed with the Supreme Court of California seeking review of two appellate court decisions related to a legal malpractice case. The petitioners (the plaintiff and additional judgment debtors from the underlying case) are asking the Supreme Court to grant review of the present matter and hold it pending the outcome of a related case also pending before the Supreme Court. If the petitioners prevail in the related case, they would be entitled to reversal of the orders in the present matter. Granting review and holding the present matter would prevent those orders from becoming final while the related case is still pending.
This complaint alleges that the plaintiff's civil rights were violated by the County of Hawaii. On multiple occasions, county police officers ordered the plaintiff, a homeless man, to stop displaying signs and soliciting donations in public areas. The most recent incident resulted in him receiving a criminal citation for panhandling. The complaint seeks declaratory and injunctive relief as well as damages, arguing that the relevant county ordinances prohibiting panhandling are unconstitutional infringements on free speech. Counsel for the plaintiff has unsuccessfully attempted to resolve the issue without litigation. The ongoing enforcement of the ban on solicitation continues to chill the plaintiff's speech and cause irreparable harm.
This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
This complaint alleges fraud and other claims against multiple defendants related to a residential mortgage loan. It alleges that brokers misrepresented the terms of an adjustable interest-only loan, failed to disclose their financial interest, and steered the plaintiff into an unfavorable loan. The complaint further alleges that the lender and subsequent loan servicers knew or should have known of the fraudulent conduct but still approved and serviced the loan. The plaintiff seeks damages and equitable relief.
This document is a complaint filed by the Securities and Exchange Commission (SEC) against Gina Champion-Cain, ANI Development, LLC, and American National Investments, Inc. alleging securities fraud. The SEC claims that since 2012, the defendants have raised over $300 million from investors by falsely claiming to offer short-term, high interest loans to finance liquor license applications in California. In reality, the defendants misappropriated investor funds, provided forged escrow agreements, and misled investors about the use and security of their funds. The SEC is seeking to appoint a receiver, permanent injunctions, disgorgement of ill-gotten gains, and civil penalties.
The document discusses Alabama's 2011 immigration law (HB 56) and its impacts on health and social services. It provides an overview of the law and ongoing legal challenges. Key provisions that were enjoined by courts include requiring schools to check immigration status of students and making it a crime not to carry immigration documents. The law's health impacts could include reduced access to care and increased costs. While some public health programs are exempt, there is conflict between state and federal law on benefits eligibility. Private providers are not required to verify immigration status for services not using federal funds.
Complaint for breach of contract, constructive fraud, constructive trust and unfair business practices against Joshua Macciello, self-pronounced bidder for the Dodgers and alleged film producer. Anyone with knowledge of Mr. Macciello's whereabouts, or who "invested" or "lent" money to Mr. Macciello, please contact CharismaticScam@gmail.com
Temuryan et al vs jensen, wead, Cosway 2ACArmen Temurian
Armen Temuryan sues Glen Jensen, Brent Jensen, Douglas Wead, Cosway, et al. for Breech of Contract, etc.
Read All About It Before You Join an MLM with these people Involved. The Truth does set you free. It IS Knowledge which will help you make correct decisions and eliminate Loss, Hurt and protect those you will be responsible for bringing into engagement after you are recruited into the next MLM business with these characters I am suing. INTEGRITY is always doing what is right even if you had to forfeit millions. Never Compromise. Never. Never fear you will incur loss if you are always Integral. It Always happens, What you will Deposit in the North, you will ALWAYS withdraw in the South. This is Integrity. Your name will always remain GOLD. More valuable then then most valuable commodity - money, is TRUST.
Armen Temuryan
Plaintiffs filed a complaint against Defendants alleging fraud and other unlawful conduct. Specifically, Plaintiffs claim that Defendants John Textor and Rene Eichenberger, founders and executives of Defendant Pulse Evolution Corporation, fraudulently induced Plaintiffs to invest millions of dollars in Pulse by making false representations about how the funds would be used. However, according to Plaintiffs, Pulse was actually a sham entity operated as a Ponzi scheme, with Textor and Eichenberger embezzling invested funds for personal use rather than legitimate business purposes. Plaintiffs seek monetary damages and other relief from Defendants.
This document is a complaint filed by Games Workshop Limited against Curse, Inc., Yves Thieblot, and Quantam Equity S.A. for trademark infringement, cybersquatting, dilution, unfair trade practices, and unfair competition regarding the defendants' use of the trademark "WARHAMMER ALLIANCE" and registration of the domain name "warhammeralliance.com". The complaint alleges that the plaintiff has common law and registered trademark rights in "WARHAMMER" for games and related products, and that the defendants' mark and domain name are confusingly similar and dilute the distinctiveness of the plaintiff's marks. The complaint brings six causes of action and seeks to enjoin the defendants
Similar to Jaburg & Wilk, Gary Jaburg Complaint (20)
The Attorney Discipline Probable Cause Committee found probable cause that a lawyer violated ethics rules regarding conflicts of interest and business transactions with clients. The Committee issued an Order of Admonition, placing the lawyer on one year of probation to complete the State Bar's Law Office Management Assistance Program. The lawyer must also pay costs and commits no further violations. The Order will remain permanently in the lawyer's record and may be considered in future disciplinary proceedings.
One of the many documents out and coming out that will show how it works. Garbage & Wilk circle the wagons and getting ready to cut Darren Meade adrift.
This document is an appellate court opinion regarding a defamation lawsuit filed by Mindi Larue and Jeremy Tucker against David and Sarah Brown. The court affirmed the jury's verdict finding the Browns liable for defamation. It held that while the initial defamatory statements were published over a year before the lawsuit, later comments and responses by the Browns on the website constituted republication of the statements, making the lawsuit timely under the one-year statute of limitations.
This document is an affidavit in support of an application for a search warrant of a residence in Urbandale, Iowa as part of an ongoing criminal investigation. The affidavit provides background details on the investigation, which involves allegations of ongoing criminal conduct, conspiracy, solicitation, extortion, and witness tampering against Tracey Richter. It outlines a complex set of events involving Richter, her ex-husbands Dr. John Pitman and Michael Roberts, and a man named Dustin Wehde who was shot and killed by Richter in 2001 during an alleged home invasion.
Laura Rogal, Maria Crimi Speth and Adam Kunz collectively could not defeat Chris Ingle and Logan Elia in their failed attempt to take Complainsboard out of the game. Ripoff Report and Ed Magedson lose.
Failed injunction attempt by Maria Crimi Speth and Adam Kunz of Jaburg & Wilk fail against protest group. No doubt an appeal will be filed but interesting concept that will likely be copied by others.
Also some pretty good information from the courts I intend to use for my own law suit. The word extortion used by the judge.
John F Goodson Relationship to Perter Busnackpaladinpi
Peter "Bigfoot" Busnack founded the Reevis Mountain School in the Superstition Mountains near Tucson in the 1980s to teach herbal medicine, wilderness survival, and self-reliance. The organic farm and school sits in a remote but fertile canyon with natural springs. Through determination and help from friends, Bigfoot secured the land for his school. Over 27 years the school has brought change to many students' lives, but now faces challenges as the springs begin to run dry and laws change, threatening its fragile existence. However, Bigfoot's joyful presence and teachings still strongly influence the school.
This is a trust that Ed is Currently the trustee of. It has been suggested that he still uses it. As you can see his brother Gary was replaced as trustee.
This document contains threatening messages sent to an individual demanding reparations within 10 days or else face destruction. The sender claims to have investigated the recipient's illegal business activities and defrauding of victims. If the demands are not met, the sender threatens to use their influence and network to destroy the recipient, their family, employees and anyone associated with them. The recipient is warned not to underestimate the sender or ignore the threats.
The document outlines different pricing structures for Rip-off Report's customer advocacy program. The costs are calculated based on either the number of reports filed, number of office locations, or monthly revenue. It then describes the process after payment, including drafting a positive report about the customer's commitments, updating existing negative reports to link to the positive one, and modifying the titles and snippets of negative reports on search engines to focus on the positive.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Confirmation of Payee (CoP) is a vital security measure adopted by financial institutions and payment service providers. Its core purpose is to confirm that the recipient’s name matches the information provided by the sender during a banking transaction, ensuring that funds are transferred to the correct payment account.
Confirmation of Payee was built to tackle the increasing numbers of APP Fraud and in the landscape of UK banking, the spectre of APP fraud looms large. In 2022, over £1.2 billion was stolen by fraudsters through authorised and unauthorised fraud, equivalent to more than £2,300 every minute. This statistic emphasises the urgent need for robust security measures like CoP. While over £1.2 billion was stolen through fraud in 2022, there was an eight per cent reduction compared to 2021 which highlights the positive outcomes obtained from the implementation of Confirmation of Payee. The number of fraud cases across the UK also decreased by four per cent to nearly three million cases during the same period; latest statistics from UK Finance.
In essence, Confirmation of Payee plays a pivotal role in digital banking, guaranteeing the flawless execution of banking transactions. It stands as a guardian against fraud and misallocation, demonstrating the commitment of financial institutions to safeguard their clients’ assets. The next time you engage in a banking transaction, remember the invaluable role of CoP in ensuring the security of your financial interests.
For more details, you can visit https://technoxander.com.
OJP data from firms like Vicinity Jobs have emerged as a complement to traditional sources of labour demand data, such as the Job Vacancy and Wages Survey (JVWS). Ibrahim Abuallail, PhD Candidate, University of Ottawa, presented research relating to bias in OJPs and a proposed approach to effectively adjust OJP data to complement existing official data (such as from the JVWS) and improve the measurement of labour demand.
South Dakota State University degree offer diploma Transcriptynfqplhm
办理美国SDSU毕业证书制作南达科他州立大学假文凭定制Q微168899991做SDSU留信网教留服认证海牙认证改SDSU成绩单GPA做SDSU假学位证假文凭高仿毕业证GRE代考如何申请南达科他州立大学South Dakota State University degree offer diploma Transcript
Madhya Pradesh, the "Heart of India," boasts a rich tapestry of culture and heritage, from ancient dynasties to modern developments. Explore its land records, historical landmarks, and vibrant traditions. From agricultural expanses to urban growth, Madhya Pradesh offers a unique blend of the ancient and modern.
In a tight labour market, job-seekers gain bargaining power and leverage it into greater job quality—at least, that’s the conventional wisdom.
Michael, LMIC Economist, presented findings that reveal a weakened relationship between labour market tightness and job quality indicators following the pandemic. Labour market tightness coincided with growth in real wages for only a portion of workers: those in low-wage jobs requiring little education. Several factors—including labour market composition, worker and employer behaviour, and labour market practices—have contributed to the absence of worker benefits. These will be investigated further in future work.
Vicinity Jobs’ data includes more than three million 2023 OJPs and thousands of skills. Most skills appear in less than 0.02% of job postings, so most postings rely on a small subset of commonly used terms, like teamwork.
Laura Adkins-Hackett, Economist, LMIC, and Sukriti Trehan, Data Scientist, LMIC, presented their research exploring trends in the skills listed in OJPs to develop a deeper understanding of in-demand skills. This research project uses pointwise mutual information and other methods to extract more information about common skills from the relationships between skills, occupations and regions.
"Does Foreign Direct Investment Negatively Affect Preservation of Culture in the Global South? Case Studies in Thailand and Cambodia."
Do elements of globalization, such as Foreign Direct Investment (FDI), negatively affect the ability of countries in the Global South to preserve their culture? This research aims to answer this question by employing a cross-sectional comparative case study analysis utilizing methods of difference. Thailand and Cambodia are compared as they are in the same region and have a similar culture. The metric of difference between Thailand and Cambodia is their ability to preserve their culture. This ability is operationalized by their respective attitudes towards FDI; Thailand imposes stringent regulations and limitations on FDI while Cambodia does not hesitate to accept most FDI and imposes fewer limitations. The evidence from this study suggests that FDI from globally influential countries with high gross domestic products (GDPs) (e.g. China, U.S.) challenges the ability of countries with lower GDPs (e.g. Cambodia) to protect their culture. Furthermore, the ability, or lack thereof, of the receiving countries to protect their culture is amplified by the existence and implementation of restrictive FDI policies imposed by their governments.
My study abroad in Bali, Indonesia, inspired this research topic as I noticed how globalization is changing the culture of its people. I learned their language and way of life which helped me understand the beauty and importance of cultural preservation. I believe we could all benefit from learning new perspectives as they could help us ideate solutions to contemporary issues and empathize with others.
Fabular Frames and the Four Ratio ProblemMajid Iqbal
Digital, interactive art showing the struggle of a society in providing for its present population while also saving planetary resources for future generations. Spread across several frames, the art is actually the rendering of real and speculative data. The stereographic projections change shape in response to prompts and provocations. Visitors interact with the model through speculative statements about how to increase savings across communities, regions, ecosystems and environments. Their fabulations combined with random noise, i.e. factors beyond control, have a dramatic effect on the societal transition. Things get better. Things get worse. The aim is to give visitors a new grasp and feel of the ongoing struggles in democracies around the world.
Stunning art in the small multiples format brings out the spatiotemporal nature of societal transitions, against backdrop issues such as energy, housing, waste, farmland and forest. In each frame we see hopeful and frightful interplays between spending and saving. Problems emerge when one of the two parts of the existential anaglyph rapidly shrinks like Arctic ice, as factors cross thresholds. Ecological wealth and intergenerational equity areFour at stake. Not enough spending could mean economic stress, social unrest and political conflict. Not enough saving and there will be climate breakdown and ‘bankruptcy’. So where does speculative design start and the gambling and betting end? Behind each fabular frame is a four ratio problem. Each ratio reflects the level of sacrifice and self-restraint a society is willing to accept, against promises of prosperity and freedom. Some values seem to stabilise a frame while others cause collapse. Get the ratios right and we can have it all. Get them wrong and things get more desperate.
A toxic combination of 15 years of low growth, and four decades of high inequality, has left Britain poorer and falling behind its peers. Productivity growth is weak and public investment is low, while wages today are no higher than they were before the financial crisis. Britain needs a new economic strategy to lift itself out of stagnation.
Scotland is in many ways a microcosm of this challenge. It has become a hub for creative industries, is home to several world-class universities and a thriving community of businesses – strengths that need to be harness and leveraged. But it also has high levels of deprivation, with homelessness reaching a record high and nearly half a million people living in very deep poverty last year. Scotland won’t be truly thriving unless it finds ways to ensure that all its inhabitants benefit from growth and investment. This is the central challenge facing policy makers both in Holyrood and Westminster.
What should a new national economic strategy for Scotland include? What would the pursuit of stronger economic growth mean for local, national and UK-wide policy makers? How will economic change affect the jobs we do, the places we live and the businesses we work for? And what are the prospects for cities like Glasgow, and nations like Scotland, in rising to these challenges?
Ending stagnation: How to boost prosperity across Scotland
Jaburg & Wilk, Gary Jaburg Complaint
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The Andrich Law Firm, P.C.
Devin Andrich, (#023075)
4538 North Fortieth Street
Phoenix, Arizona 85018
Telephone: (602) 774-3200
Facsimile• (602) 774-3205
'-- ____
Arthur and Colleen Reichsfeld, a married
couple and State Electrical Contractors, Inc.,
an Arizona corporation
Plaintiffs,
V.
Jaburg & Wilk, P.C. an Arizona professional
corporation, GFAH Equity Lending, L.L.C., an
Arizona limited liability company, Flash and
the Boys, L.L.C., an unlicensed Arizona
limited IiabiIity company, Gary Jaburg and
Jane Doe Jaburg, a married couple, Roger
Cohen and Jane Doe Cohen, a married couple,
Lawrence Wilk and Jane Doe Wilk, a married
couple, John Does and Jane Does I-X, John
Does and Jane Does Attorneys I-X and XYZ,
L.L.C., an unknown Arizona limited liability
company;
E-mail:dandrich@andrichlaw.com EO
Attorneys for Plaintiffs
NOA 4L
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOI'A
CV2(1 1 -()05 277
Case No. CV-2011-
VERIFIED COMPLAINT
(Jury Demand)
Defendants.
COMPLAINT
COMES NOW Plaintiffs Arthur and Colleen Reichsfeld a:id State Electrical
Contractors, Inc., by and through undersigned counsel, and for their Verified Complaint against,
Jaburg & Wilk, P.C. an Arizona professional corporation, GFAH Equity Lending, L.L.C., an
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Arizona limited Iiability company, Gary Jaburg and Jane Doe Jaburg, a married couple, Roger
2 Cohen and Jane Doe Cohen, a married couple, Lawrence Wilk and Jane Doe Wilk, a married
3 couple, John Does and Jane Does I-X and John Does and Jane Does Attorneys I-X allege as
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follows:
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7 JURISDICTION
8 1. Plaintiffs Arthur and Colleen Reichsfeld are residents of Maricopa County,
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Arizona ("Reichsfeld").
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2. Plaintiff State Electrical Contractors, Inc. is an Arizona, corporation with its
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principal place of business in Maricopa County, Arizona ("State Electric").
13 3. Defendant Jaburg & Wilk, P.C. is an Arizona professional corporation with its
V
14 principal place of business in Maricopa County, Arizona ("Jaburg & Wilk").
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a)
4. Defendant GFAH Equity Lending, L.L.C. is an Arizona limited liability company
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with its principal place of business in Maricopa County, Arizona ("GFAH :Lending").
18 5. Defendant Flash and the Boys, L.L.C. is an unknown limited liability company,
19 according to the Arizona Corporations Commission, illegally-operating, but otherwise doing
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business in Arizona ("Flash and the Boys").
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6. Defendant Gary Jaburg is president, director and a majority shareholder of Jaburg
23 & Wilk, member of GFAH Lending and, on information and/or belief, member of Flash and the
24 Boys.
25 7. On information and belief, Gary Jaburg's actions as alleged in this Verified
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Complaint were for the benefit of and in furtherance of the marital community. As such, the Gary
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Jaburg/Jane Doe Jaburg marital community is liable for the actions described in this Verified
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Complaint.
8. Defendant Lawrence Wilk is treasurer, director and a majority shareholder of
Jaburg & Wilk, and, on information and/or belief, member of Flash and the Boys.
9. On information and belief, Lawrence Wilk's actions as alleged in this Verified
Complaint were for the benefit of and in furtherance of the marital community. As such, the
Lawrence Wilk/Jane Doe Wilk marital community is liable for the act.ons described in this
Verified Complaint
10. Defendant Roger Cohen is secretary, director and a majority shareholder of Jaburg
& Wilk, and, on information and/or belief; member of Flash and the Boys ("Roger Cohen").
11. On information and belief, Roger Cohen's actions as a1lged in this Verified
Complaint were for the benefit of and in furtherance of the marital communily. As such, the Roger
Cohen/Jane Doe Cohen marital community is liable for the actions described in this Verified
Complaint
12. On information and belief, Defendants, John Does and Jane Does I-X are multiple
individuals either domiciled in Arizona or elsewhere.
13. On information and belief, Defendants, John Doe Attorneys Jane Does I-X are one
or more individuals licensed to practice law in Arizona and/are owners, directors, officers and/or
shareholders of Jaburg & Wilk, GFHA and/or Flash and the Boys.
14. On information and belief, Defendant, XYZ, L.L.C. is one or more domestic or
foreign Arizona limited liability companies, registered with the Arizona Corporations Commission.
15. At all times herein, Jaburg & Wilk, P.C., Gary Jaburg and Jane Doe Jaburg, Roger
Cohen and Jane Doe Cohen, Lawrence Wilk and Jane Doe Wilk, a married couple, John Does
and Jane Does T-X and John Doe Attorneys l-X are collectively referred to as "Jaburg
4. Defendants.''
16. Defendants caused events to occur in Maricopa County, Ari<:ona, out of which the
following causes of action arise.
17. The "Legal Services Agreement" and "Lending Agreement' as described herein,
were intended for performance within Maricopa County, Arizona.
18. The Court has jurisdiction over the parties and the claims alln.ged herein, and venue
is proper pursuant to A.R.S. § 12-401.
19. The damages claimed by Plaintiffs meet the jurisdictional requirements of
this Court.
GENERAL ALLEGATIONS
20. On or about January 1999, Plaintiffs entered into a legal services agreement with
Jaburg & Wilk (the "Legal Services Agreement").
21. The terms of the Legal Services Agreement stated that Jaburg & Wilk would
provided competent legal advice for the best interests of Plaintiffs.
22. At all times herein, Jaburg Defendants were familiar with their contractual
obligations and professional duties under the Legal Services Agreement.
23. In 2004, Defendants started the lending company, GHAF Lending.
24. Jaburg & Wilk, Gary Jaburg, Lawrence Wilk and Roger Cohen determined that
GFAH Lending should be housed within the law firm, Jaburg & Wilk.
25. In May 2009, Plaintiffs retained and paid Jaburg & Wilk, Gary Jaburg and Jaburg
Defendants to provide legal advice pertaining to Plaintiffs business dealings with Bart Shea.
26. During the course of the representation, Bart Shea informed Plaintiffs that he
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5. required a loan to complete his dealings with Plaintiffs.
27. Plaintiffs consulted with Gary Jaburg and Jaburg Defendants, concerning the best
course of action, concerning Plaintiffs dealings with Bart Shea.
28. Gary Jaburg and Jaburg Defendants informed Plaintiffs that the best thing to do was
for GFAH Lending to loan the funds to Plaintiffs, and take security interests in Plaintiffs residence
and State Electric.
29. Jaburg Defendants informed Plaintiffs that GFAH Lending would not loan money
to Bart Shea.
30. Gary Jaburg and Jaburg Defendants knowingly and willfully ceclined to inform
Plaintiffs that GFAH Lending was improperly licensed with the Arizona Department of Financial
Institutions and Arizona Corporations Commission.
31. Gary Jaburg and Jaburg Defendants knowingly and willfully declined to inform
Plaintiffs that if GFAH Lending loaned Plaintiffs funds, such an action presented a conflict of
interest in Jaburg & Wilk's and Gary Jaburg's legal representation of PlaintifTh.
32. Gary Jaburg and Jaburg Defendants knowingly and willfully declined to inform
Plaintiffs that Plaintiffs should consult with other lending institutions prior :o accepting any loan
from GFAJ-I Lending and Jaburg Defendants.
33. Gary Jaburg and Jaburg & Wilk knowingly and willfully declined to inform
Plaintiffs that before GFAH Lending loaned Plaintiffs funds, Plaintiffs should first consult with
and receive independent legal advice from an Arizona attorney other that Jabt.ig & Wilk.
34. At all times herein. Jaburg & Wilk and GFAI-I Lending have the same physical
Address, telephone number, secretary and other contact information (the "Law Firm").
35. At all times herein, nowhere within the Law Firm was there any disclosures or signs
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indicating that a business called GFAH Lending existed or operated there.
2 36. At all times herein, nowhere within the Law Finn was there any disclosures
j warning patrons or clients that Jaburg & Wilk and GFAH Lending were separate, distinct business
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operating within the same offices.
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7 statements and/or material omissions, Plaintiffs entered into multiple promissory notes with GFAR
8 Lending. whereby Plaintiffs' obligation was secured by GFAH recorded interests in Plaintiffs'
9 residence and State Electric,
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38. Gary Jaburg and Jaburg Defendants prepared the loan documents for the loan
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between Plaintiffs and Bart Shea,
13 39. In preparation of the loan documents, Gary Jaburg and Jaburg Defendants
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40. Gary Jaburg and Jaburg Defendants knowingly and willfully declined to Bart
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Shea's spouse as an additional guarantor to the loan documents between Plaintiffs and Bart Shea.
18 41. On the advice and instruction of Gary Jaburg and Jaburg Defendants, Plaintiffs
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42. In December 2009, Bart Shea filed for bankruptcy protection.
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43. On information and belief, Bart Shea transferred several of his assets to his spouse.
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44. Gary Jaburg and Jaburg Defendants became aware of Bart Shea's insolvency, but
24 knowingly and willfully declined to advise Plaintiffs to promptly commence litigation against Bart
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45. Instead of advising or agreeing to represent their client at the Bart Shea bankruptcy
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residence and State Electric.
46. In reliance on Gary Jaburg's and Jaburg Defendants' advice, Plaintiffs entered into
additional loan agreements, both providing Gary Jaburg, Jaburg Defendant; and GFAI-J Lending
additional security in Plaintiffs' residence and State Electric under business terms uncommon in
the lending community.
47. In October 2010, Plaintiffs consulted with Gary Jaburg and Jaburg Defendants
regarding Plaintiffs' and State Electric's possible bankruptcy, due to the large payments and
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unconscionable interest rate owed to GFAH Lending.
48. Gary Jaburg and Jaburg Defendants advised Plaintiffs not to immediately seek
bankruptcy protection, but rather to enter into an additional loan agreements with GFAH Lending
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and Gary Jaburg.
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49. A material terms of the new loan agreement required Plaintiffi. to add their
revocable living trust (also drafted by Jaburg Defendants) as an additional guarantor to the loans
between Plaintiffs, GFAH Lending, Jaburg Defendants and Gary Jaburg.
50. In reliance on the legal advice from Gary Jaburg and Jaburg Defendants, Plaintiffs
did not file bankruptcy, but instead entered into an additional guarantor agreement whereby
Plaintiffs' revocable living trust was an added guarantor to the loans between GFAH Lending,
Jaburg Defendants and Plaintiffs.
51. In November 2010, Gary Jaburg and Jaburg Defendants infonned Plaintiffs that
Jaburg & Wilk represented GFAH Lending, and that its client demanded that Plaintiffs pay
amounts owed to GFAI-I Lending and Gary Jaburg or Jaburg Defendants would sue Plaintiffs and
enforce GFAH Lending, Jaburg Defendants and Gary Jaburg's security interests against Plaintiffs'
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8. residence, State Electric and Plaintiffs' revocable living trust.
2 52. In response, Plaintiffs terminated Jaburg Defendants' legal reDresentation of
3 Plaintiffs, and retained undersigned counsel.
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51 Undersigned counsel was informed by Roger Cohen and Jabtrg Defendants that if
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Plaintiffs filed a civil complaint, disclosing the allegations herein and making the allegations
7 public, Roger Cohen and Jaburg Defendants would file a Rule 11 Motion against Plaintiffs and
8 undersigned counsel, seeking sanctions.
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54. On March 4, 2011 GFAH Lending and Gary Jaburg filed a lawsuit against Plaintiffs
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in Maricopa County Superior Court (the "GFAH Lawsuit").
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55. The GFAH Lawsuit withhold from the Court that at all times eferenced in the
13 GFAH Lawsuit, Gary Jaburg and Jaburg Defendants were Plaintiffs' attcmeys when Plaintiffs
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FIRST CLAIM FOR RELIEF: FRAUD
17 (Against All Defendants)
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56. Plaintiffs incorporate by reference the allegations of paragraphs 1 through
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55 above.
21 57. Gary Jaburg and Jaburg Defendants entered into a Legal Services Agreement,
22 representing to Plaintiffs that the Jaburg Defendants would represent Plaintiffs to the best of their
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ability and not engage in acts that presented a conflict of interest.
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58. Jaburg Defendants created falsities by: a) concealing the circumstances establishing
26 that Jaburg & Wilk and GFAH Lending were essentially the same company; b) withholding from
27 Plaintiffs that if Defendants loan funds to Plaintiffs, a conflict of interest exists; c) refusing to
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advise and instruct Plaintiffs to seek lending opportunity from legitimate financial institutions; d)
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9. refusing to advise and instruct Plaintiffs to seek a legal opinion from anArizona attorney not
associated or otherwise employed with Jaburg & Wilk before entering into loan agreements with
Gary Jaburg and/or GFAH Lending; and e) deliberately creating an environment at Jaburg & Wilk,
whereby the average person could not discern that UFAH Lending was essentially Jaburg & Wilk,
creating confusion and deception to existing and prospective clients.
59. Jaburg Defendants' representations to Plaintiffs in the Legal Services
Agreement and continued legal advice regarding conflict were material to Plaintiffs' reliance in
entering into loan agreements with Defendants.
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60. At all times herein, Jaburg Defendants had knowledge of the falsities that: a) Jaburg
& Wilk is the same business as GFAH Lending; b) Jaburg & Wilk creates an environment where
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its clients are placed in predatory loans with GFAH Lending and Gary Jaburg, whereby Jaburg &
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Wilk drafts the loan documents and advises its clients to sign the loan dccuments without first
seeking a legal opinion from independent counsel.
61. Jaburg Defendants intended to falsely tell Plaintiff to that Gary Jaburg and Jaburg
& Wilk represent and advise Plaintiffs for Plaintiffs' best interests.
62. When Plaintiffs (and in reliance on Jaburg Defendants' multiple, written
representations) signed loan agreements with Gary Jaburg, Jaburg Defendant:; and GFAH Lending,
Plaintiffs were ignorant to the fact that Arizona attorneys are generally-barred from loaning money
to clients, and Jaburg & Wilk's simultaneous representation of Plaintiffs, Gary Jaburg and (IFAH
Lending created an ongoing conflict of interest, rendering Jaburg Defendants representations in the
Legal Services Agreement false.
63. Plaintiffs relied on Jaburg Defendants' representations and on Jaburg Defendants'
advice and entered into loan agreements with GFAH Lending, Jaburg Defendants and Gary Jaburg
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2, 64. Plaintiffs. relied on Jaburg Defendants' representations and on Jaburg Defendants'
3 advice and paid Jaburg Defendants approximately $250,000 in fees under the Legal Services
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65. Plaintiffs had a right to rely on Jaburg Defendants' representa:ions and the Legal
7 Services Agreement, because Jaburg Defendants are licensed Arizona attorneys.
8 66. As a direct and proximate result of Jaburg Defendants' representations, Plaintiffs
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have been damaged in amounts of money paid in legal fees of $250,000 and other amounts to be
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proven at trial.
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67. As a direct and proximate result of Defendants' conduct, Plaintiffs are entitled to
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and attorneys' fees. Plaintiffs are also entitled to prejudgment and post-judgment interest as
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provided by law.
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19 SECOND CLAIM FOR RELIEF: BREACH OF CONT1ACT
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(Against All Jaburg Defendants)
21 69. Plaintiffs incorporate by reference the allegations of paragraphs 1 through
22 68 above.
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70. As described above the Legal Services Agreement executed by Jaburg Defendants
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and Plaintiffs constitutes a valid contract.
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26 71. Plaintiffs' monies paid to Jaburg Defendants constitute consideration. By making
27 those payments, Jaburg Defendants were obligated at all times to provide Plaintiffs with sound
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legal advice for Plaintiffs' benefit and absent of any conflict of interest,.
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72. By failing to properly advise and represent Plaintiffs in the Bart Shea matter and the
loan agreements with Gary Jaburg and GFAH Lending, Jaburg Defendanis breached the Legal
Services Agreement.
73. Plaintiffs have suffered harm and are threatened with additional harm from Jaburg
Defendants' breach. By receiving improper legal advice that benefitted Iaburg Defendants at
Plaintiffs' expense, Plaintiffs lost those monies paid to .Jaburg Defendants and forewent
opportunities to receive proper, objective legal advice.
THIRD CLAIM FOR RELIEF:
VIOLATION OF THE ARIZONA CONSUMER FRAUD ACT
(A.R.S. §44-1521-1534)
(Against All Defendants)
74. Plaintiffs incorporate by reference the allegations of paragraphs I through
73 above.
75. A.R.S. §44-1522(A) of the Consumer Fraud Act provides:
The act use, or employment by any person of any deception, deceptive act
or practice, fraud ,pretense, false promise, misrepresentation, or concealment,
suppression or omission of any material fact with the intent that others rely upon
such concealment, suppression or omission, in connection with the sale or
advertisement of any merchandise whether or not any person has in fact been
mislead, deceived, or damaged thereby, is declared to be an unlawful practice.
76. As alleged herein, Defendants engaged in unlawful practice of the Consumer Fraud
Act, A.R.S. §44-1521, et seq., in that they made false promises and used deception, deceptive
practices, and/or misrepresentations in connection with the sale or advertisement of legal services
and/or lending services.
77. Defendants further violated this Consumer Fraud Act by willfully disguising from
clients and prospective clients that Jaburg & Wilk and GFAI-I Lending are separate distinct
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12. businesses, and that clients should not enter into transactions with GFAITI Lending without first
2 seeking independent legal advice from attorneys other than Jaburg Defendani:s.
3 78. In all mattes alleged herein, Plaintiffs have been harmed by Defendants violations
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and Defendants acted willfully in violation of A.R.S. §44-1531(A).
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7 FOURTH CLAIM FOR RELIEF:
BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING
8 (Against Jaburg Defendants)
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79. Plaintiffs incorporates by reference the allegations of paragraphs 1 through
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78 above.
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80. Jaburg Defendants have a duty of good faith and fair dealing implied in every
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contract.
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81. In the Legal Services Agreement, Jaburg Defendants misled Plaintiffs into
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19 interest.
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82. Jaburg Defendants' misrepresentations in the Legal Services Agreement, constitute
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a breach of this duty.
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83. Jaburg Defendants' are required by the Legal Services Agreement to inform
24 Plaintiffs when a conflict of interest exists in Jaburg Defendants' representation of Plaintiffs.
25 Jaburg Defendants' breached its duty by failing to do so.
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84. iaburg Defendants' further breached this duty by drafting the loan documents
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between Plaintiffs, Gary Jaburg and GFAH Lending.
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85. Jaburg Defendants' further breached this duty by refusing to instruct Plaintiffs to
seek an independent legal opinion before signing loan documents with Gsry Jaburg and GFAH
Lending.
86. Jaburg Defendants' breach of their duty of good faith md fair dealing was
intentional, deliberate, reckless and/or negligent.
87. Plaintiffs were damaged as a proximate result of Jaburg Defendants' breach of their
duty of good faith and fair dealing, losing legal fees paid to Jaburg Defendants' of $250.000.
FIFTH CLAIM FOR RELIEF: NEGLIGENCE
(Against Jaburg Defendants)
88. Plaintiffs incorporate by reference the allegations of paragraphs I through
87 above.
89. Jaburg Defendants have a duty to represent clients under the standards that an
Arizona attorney of similar ability and experience would in the legal community.
90. Jaburg Defendants breached its duty to Plaintiffs by failing to properly represent
and advise Plaintiffs during the Bart Shea matter.
91. Jaburg Defendants further breached this duty to Plaintiff by failing represent
Plaintiffs in the Bart Shea bankruptcy, but instead advising Plaintiffs' to borrower monies from
GFAH Lending and Gary Jaburg.
92. Jaburg Defendants further breached this duty to Plaintiffs by withholding from
Plaintiffs that GFA}{ Lending and Jaburg & Wilk were the same business.
93. Jaburg Defendants' breaches of duty caused Plaintiff to suffer serious and ongoing
damages, including lost legal for of $250,000 financial harm to credit and extensive anxiety and
emotional distress.
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14. SIXTH CLAIM FOR RELIEF:
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(Against All Defendants)
94. Plaintiffs incorporate by reference the allegations of paragrapIs 1 through
93 above.
95. Defendants interacted with and represented Plaintiffs' in a manner that caused
emotional distress by, intera alia and as more fully set Out above by: 1) engaging in a scheme
where Plaintiffs were legally advised to borrower money from Defendants; 2) when Plaintiffs
incurred additional fmancial stress, Defendants advised Plaintiffs to bind themselves to
unconscionable loan terms favorable to Defendants; 3) Defendants refused 10 instruct Plaintiffs to
seek independent legal advice or a neutral lender; 4) when Plaintiffs discovered what Defendants
had done, Defendants threaten Plaintiffs with civil litigation and sanctions, if Plaintiffs publically -
raised their concerns; and 5) filed the GFAH Lawsuit, withholding from the Court that Jaburg
Defendants were the attorneys for Plaintiffs and legally-advised them to enter into the loan
agreements with GFAH Lending and drafted the loan documents that Plain:iffs entered into with
GFAH Lending.
96. Defendants acted intentionally, recklessly, knowingly and/or negligently in causing
Plaintiffs emotional distress, or Defendants knew or should have known that their actions would
result in Plaintiffs suffering serious emotional distress.
97. Defendants' conduct was extreme and outrageous.
98. As a direct and proximate result of Defendants' intentional, reckless and/or
negligent infliction of emotional distress, Plaintiffs have suffered severe humiliation, distress,
depression and anxiety. The loss of their financial well-being, further harm to their professional
reputations and the threatened loss of the Property are the sources of serious emotional distress.
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15. 99. As a result, Defendants are liable to Plaintiffs for actual and punitive damages.
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SEVENTH CLAIM FOR RELIEF:
3 BREACH OF FIDUCIARY DUTY
4 (Against Jaburg Defendants)
5 100. Plaintiffs incorporate by reference the allegations of paragraphs 1 through
6 101 above.
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101. Jaburg Defendants are all licensed attorneys, practicing law in Arizona.
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102. Jaburg Defendants were under a continuing duty to Plaintiffs to advise Plaintiffs
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103. Jaburg Defendants were aware that advising Plaintiffs to borrower money from
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GFAH Lending to finance a transaction with Bart Shea, presented a conflict of interest, benefitting
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105. Jaburg Defendants further breached this duty by charging Plaintiffs legal fees to
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draft the loan documents between GFAH Lending and Plaintiffs.
21 106. Jaburg Defendants further breached this duty by declining to send Plaintiffs to
22 independent legal counsel, prior to Plaintiffs entering into loan agreements with GFAH Lending.
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107. As a result of Jaburg Defendants' breaches, Plaintiffs have suffered damages in the
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amount of $250,000, equally legal fees paid to be improperly-advised and legally advised to enter
26 into a business transaction that benefitted Jaburg Defendants and GFAI-1 Lending.
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16. EIGHTH CLAIM FOR RELIEF:
BREACH OF NEGLIGENT MISREPRESENTATION
(Against Jaburg Defendants)
108. Plaintiffs incorporate by reference the allegations of paragraphs I through
107 above.
109. Jaburg Defendants provided Plaintiffs with false or incorrect information, or
omitted or failed to disclose material information to Plaintiffs, stating: 1) Jaburg Defendants and
GEAR Lending are separate business entities; 2) GFAT-I Lending should nDt be operating within
Jaburg Defendants' office; 3) GFAH Lending should not have the same contact information as
Jaburg Defendants; 4) Plaintiffs should not borrowers monies from entities owned and controlled
by Defendants; 5) Plaintiffs must first seek independent legal advice from Arizona attorneys other
than Jaburg Defendants, prior into entering into loan agreements with Jabrg Defendants and/or
GFAI-I Lending; 6) GFAH is not properly licensed and registered with the Arizona Corporations
Commission and/or the Arizona Department of Financial Institutions; and 7) Jaburg Defendants
owning and operating GFAH Lending is generally disfavored is that Ari2.ona legal community;
and 8) failing to warning Plaintiffs not to lend money to a party Jaburg Defendants knew or had
reason to know was insolvent.
110. Jaburg Defendants intended Plaintiffs to rely on Jaburg Defendants legal advice,
rely on information provided or withheld and Jaburg Defendants provided/withheld the
information for that purpose.
111. Jaburg Defendants failed to exercise reasonable care or competence in obtaining or
communicating the information.
112. Plaintiffs relied on all information/omissions.
113. Plaintiffs reliance on the information was justified, because Jaburg Defendants were
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114. As a result, Plaintiffs were damaged in amount of at least $250000 in legal fees
paid the Jaburg Defendants, and other amount to be proven at trial.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs prays for judgment against Defendants as follows:
A. Award Plaintiff his actual of $250,000 and punitive damages against Defendants in
the amount of not less than $25,000..000.00, as to be determined at trial on each of
Plaintiffs' claims for fraud, breach of contract, violation of the Arizona Consumer
Fraud Act, breach of the covenant of good faith and fair dealing, negligence,
intentional infliction of emotional distress, breach of fiduciay duty and negligent
misrepresentation;
B. Direct Defendants to pay the costs of this proceeding, including Plaintiffs'
attorneys' fees pursuant to A.R.S. § 12-341;
C. Direct Defendants to pay the costs of this proceeding, including Plaintiffs'
attorneys' fees pursuant to A.R.S. § 12-341.01 and the parties' agreements.
D. For pre-judgment and post-judgment interest at the rate established by the parties
agreements and/or the statutory rule;
E. For such other and further relief as the Court deems equitable, just and proper.
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19. VERIFICATION
STATE OF ARIZONA )
)Ss-
County of Maricopa )
Arthur Reichsfeld, sworn upon his oath, deposes and declares as follows:
1. lam an adult, over the age of2l years old.
2. I am the Plaintiff named in the Complaint to which this Verification is attached.
4. I have read the Complaint, and the contents thereof and exhibits thereto are true,
correct, and accurate to the best of my knowledge, except for those matters stated therein based
upon information and belief, and as to those matters, I believe them to be true.
5. Each of the foregoing statements is based upon by my personal knowledge,
including knowledge derived from the business records maintained by me. If called to testify, I
will testify as stated in this Verification.
DATED the /cday of March, 2011.
Arthur Reichsfeli
The foregoing Verification was acknowledged before me this 5day of March, 2011, by
Arthur Reichsfeld.
Notary Public
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My commission expires:
20. VERIFICATION
STATE OF ARIZONA )
)ss.
County of Maricopa )
Colleen Reichsfeld, sworn upon his oath, deposes and declarts as follows:
1. I am an adult, over the age of 21 years old.
2. I am the Plaintiff named in the Complaint to which this Verification is attached.
4. I have read the Complaint, and the contents thereof and exhibits thereto are true,
correct, and accurate to the best of my knowledge, except for those matters stated therein based
upon information and belief, and as to those matters, I believe them to be true.
5. Each of the foregoing statements is based upon by my personal knowledge,
including knowledge derived from the business records maintained by me. If called to testify, I
will testify as stated in this Verification.
DATED the day of March, 2011.
Colleen Reichsftld
The foregoing Verification was acknowledged before me this /S'" -day of March, 2011, by
Colleen Reichsfeld.
Notary Public
My commission expires:
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