Legal Question in Real Estate Law in California

LLC was cancelled, owing 6-digit amount

The managing partners, a builder and his realtor wife, suckered me. They sold spec homes and failed to reimburse me for lots, water meters etc. In addition, they embezzled the profit share declared on Schedule K1 (1065) forms. And to top it all, they sold 3 lots they had bought with my money in the LLC's name to themselves.

When I hired a CPA, the books were denied.

I know they used the assets they never paid for to obtain loans. Once they completed the looting, the LLC was conveniently cancelled.

Since construction loans were involved, it would not take a forenisc accountant to figure out their fraud.

The D.A. consideres all this ''civil''.

The builder has assets, like a nice Ranch on 2 acres in town.

In addition, a bank helped launder the money and they used at least one of the lots which were never paid for as collateral for loans.

Q: can I get help on contigency, the fee should exceed $ 50,000?

I am hoping for a Blitzkrieg.

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APNs: San Bernardino county, 059848301 + 2

Imperial county: 00851104 + 00853206 + 008511004


Asked on 5/24/07, 2:55 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: LLC was cancelled, owing 6-digit amount

You will need a local attorney. To help them, prepare a detailed summary of all the significant dates and events, sums of money, written evidence you have. Most attorneys would only take such a case on an hourly basis because of the large expenses [likely will need 2-3 experts, half a dozen depositions, lots of paper work, unclear as to likelihood of winning an unknown amount]. You will get some responses from this site but will also need to look for an attorney who specializes in such cases. A big firm might be willing to put up the costs but would want a bigger slice of the pie then a sole attorney.

You can also contact the State real estate licensing board, Department of Real Estate, perhaps State Attorney General. I'm sorry for your losses, but it probably will be a difficult matter to recover much.

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Answered on 5/24/07, 9:14 am
Judith Deming Deming & Associates

Re: LLC was cancelled, owing 6-digit amount

Your scenario is not that uncommon, as so many greedy people took advantage of the loose lending which had gone on for the last couple of years. There may be the potential that you failed to exercise common sense on your own behalf and document all aspects of your relationship with the wrongdoers which may cause you difficulties in pursuing them. Your biggest problem is finding anyone COMPETENT who would take this case on a contingency--this office would not. Moreover, $50,000.00 is unrealistic--that may be the cost of forensic accounting expert testimony alone. You may find an attorney's fees provision in any agreements you may have with these people, but it sounds like you did not have written agreements. Even if you find an attorney's fees provision, that only entitles you to get an award of fees IF you win at trial, and only after advancing your fees and costs to get to that point. The authorities are correct--your only remedies are civil remedies; while there may be penal code violations in conjunction with the transactions, but the police/district attorney are not equipped, skilled or knowledgeable in this area and as a result, they never file charges. It is far easier and they are more successful at prosecuting violent crimes,not white collar crime.

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Answered on 5/24/07, 10:23 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: LLC was cancelled, owing 6-digit amount

I'd be willing to discuss doing this for a significantly reduced up-front fee plus a contingency - sort of a compromise between straight hourly and pure contingency. You can check my many previous postings on LawGuru in the real estate and business law areas and also check my Web site, then contact me if interested.

It is true that my office is in far-away west Marin, but in the 21st Century much law can be practiced by telecommuting, including court appearances, filing papers, etc. I've handled a title-dispute case in Victorville with good results.

I assume there must be two discontinuous project areas, since I don't see any place where Imperial and San Berdoo Counties have a common boundary. That could mean separate lawsuits in two different courts, anyway. Send me details if you are interested in a proposal from me.

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Answered on 5/24/07, 6:35 pm


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