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Dimitry K., Esq.
Dimitry K., Esq., Doctoral Degree
Category: Multiple Problems
Satisfied Customers: 41220
Experience:  JD/MBA, Business Attorney
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Eleven years ago my husband and I went into partnership with

Customer Question

Eleven years ago my husband and I went into partnership with another couple in an s corporation (restaurant franchise). Each family invested $50,000 capital. Each man was given in their name 50,000 shares. Over the next eleven years, my family invested
an additional approx. 2.3 Million. There was not a specific agreement written on the additional capital investment but there were resolutions and also the partner who was the operations manager, inside accountant was paying us back $1,500 on the additional
capital investment as well as he paid us a $20,000. check that says capital investment. The bylaws said two directors. The partner (J. Clark) was the President of the board and my husband J. Kent was the Secretary Vice President. On July 26, 2013, my husband
died and since then there has only been Clark on the board. Clark refused to allow us our 50,000 shares until he decided he wanted to sell, then he needed our vote. At the only shareholders meeting on December 26, 2013, Clark and his attorney refused to allow
us then as shareholders to vote a member of my family on the board. They wanted total control and to keep us away from the accounting books and their plans. I filed against the corporation and Clark in April 2014. We have been to court several times and we
lose everytime we go to court. We are always late with our paperwork/briefs and have been sanctioned twice for almost $5,000. I have spent more than 70K as the plaintiff. Clark does not want to recognize me as an additional capital investor because then he
will have to pay me as an investor and that way he and his attorney would not continue to use up the money from the sale of the assets. At the Dec. 26, 2013 only meeting, I was told if I did not vote yes to sell the assets that my family would be responsible
for the leases and any money and we would lose everything. I agreed that if I reviewed the sales agreement re the terms and conditions and if agreed, I would agree to a sale of $700,000 which they said was the offer for the assets. Clark did not allow me to
pre-approve the sale and went on without consulting me. I filed on April 2014. Clark and his corporate attorney (which my funds owed to me is paying for) is the defendant. They have give me no access to the books and have won every motion my attorney filed.
I have been sanctioned twice. My attorney misses deadlines, is late with briefs and is totally disorganized. All she wants is more and more money from me. The judge does not like her and in every instance (because she never gives him paperwork) judges in favor
of the defendant. Now we are again going to court and have already received a tentative ruling that we lost the last motion. The balloon payment is coming in around June 2016. Clark will give it out as dividends and that is it. Our court case California No.
is 30-2014-00713792-CU-MC-CJC. I think it is too late. Clark is the only inside accountant and has given us a one month bank statement that says nothing. There were 3 bank accounts for 11 years and we received a one month bank statement that says date, check
number, amount and he pays to credit card company. We have asked for bank statements and his attorney says they sent and his attorney lies about everything. They are 10 steps ahead of us all the time and laugh in the halls of the courthouse. I have lost more
than 2.3 M. of my life's work. I should be repaid what money is there as repayment for additional capital investment. I am in a quandry. This is my third attorney. The first one, Mr. Thomas Gillen, was senile and could not remember my case, the second Ms.
Christina Bateman was an interim until I could find an attorney to take over. My current attorney, Ms. Lenore Albert is always behind and never completes anything or gets things filed in time and we are always in a mess. Mr. Lucas the plaintiff attorney stopped
us in the court parking lot and told me that Ms. Albert, was a bad attorney and did reverse mortgage scams. The court judge doesn't care and did nothing when Ms. Albert filed. What do I do to get my money back from Clark, the sole director and sole accountant.
Mr. Lucas lies about everything and the judge dislikes my attorney and now I guess he doesn't like me either because we always show up unprepared and no substantiating facts. We do have the facts and substantiating documents but my attorney does not seem to
want to be aggressive and go after the money. What do I do? I feel like I am in a cage. Bonnie Kent(###) ###-#### ***** Orange County
Submitted: 1 year ago.
Category: Multiple Problems
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please permit me to assist you with your concerns. A question comes to mind. if this attorney is so disliked by the judge, and keeps blowing deadlines, why is she still representing you? Why haven't you hired someone else?
Customer: replied 1 year ago.
We thought it was too late to hire someone else. That we would lose our window to file for the partner to pay us the money he has been refusing to pay us. He wants to keep us as shareholders. Isn't there a time limit. Will the judge after all this time, allow us to fire her and give us time to find a qualified attorney. If that is possible because the 3 we have had have been real duds. Maybe we do not have a case. They tell us we have. Also, according to the business jugement rules, it appears Clark with his attorney have violated bylaws as well as corporate codes, etc. But she doesn't want to file for the money he should pay me. She is stuck on recusing the present attorney and says we have to do that before we can go forward with any other demands. I say, demand the money he should pay me as an additional capital investor. She has made no demands on Clark as sole director, has not allowed us to see accounting books. I want a forensic accountant to view the books. I strongly believe that Clark who managed the stores for 11 years years misappropriated as well as violated IRS. He would not allow us to vote me in as director to replace my husband and now says that because corporate filed for disollution we cannot hold any more business and that is conducting business. No annual shareholders meeting, violation of bylaws. He wants to keep me as a shareholder so that way he can continue to pay his attorney to represent him thru the corporate funds from sale as well as we receive monthly payments with a balloon payment around June 2016. They are using my money to pay themselves. I should be paid as the additional investor before dividends to shareholders. There was no written agreement to that but there were board resolutions and some repayments made stating capital investment repayments. The plaintiffs attorney is an articulate liar who is aggressive, tenacious, on the ball and way ahead of us. It behooves the attorney to keep the lawsuit open as he is collecting a fee from the corporation. They Leave us in the dust. I am a 76 year old not healthy widow who is losing my last chance of any recovery of my 55 years of working nest egg. My husband was duped by this Clark guy. The restaurants showed a loss for eleven years. I do not know if it is possible to find a decent corporate attorney. All the 3 attorneys I have dealt with do, is gauge me for money and do nothing. I have been sanctioned twice because my attorney didn't do something she was supposed to do. What a horrible mess.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, Speaking as an attorney, there is no such thing as 'too late'. If the attorney is so awful and incompetent, and you already spent over $70,000, please consider hiring someone else. You can find other counsel by browsing the listings at www.avvo.com and www.martindale.com, or by calling the local bar association. What usually happens is if you retain new counsel, that attorney files for a short continuance (delay) and asks that the courts grant the time to familiarize with the case. Most judges grant it (and perhaps looking for an attorney that the judge knows and likes is quite prudent as an investment). As far as your case, I honestly cannot tell you without review, but you may want to have the attorney explain WHY a case may exist or may not, and also focus on the weaknesses. Focus on finding an attorney who can tell you the issues first, and then the positives, as that is generally what a true professional does--attorneys who are ethical will be realistic and honest, and perhaps that is what you are missing. Sincerely, ***** *****
Customer: replied 1 year ago.
What attorney wants to walk into this mess. Clark has broken every Board of Director Duty you can imagine. This guy who was our so called partner, my husband put on his trust as the co-executor of the pour over will and co-successor of one of the trusts. Clark was so involved in our personal and business life and pretended to be our family friend after my husband passed. He was just setting us up to maneuver into position. We trusted him and that was our fault. He has milked my family out of what I can prove 2.3M but really closer to 3M. My husband the last few years was very ill. My husband and I had some serious fights over him giving Clark our money to lose. After my husband died, Clark proclaimed to be the executor of the will and beneficiary. Clark asked me very personal questions about my husband and my sex life. As well as what assets were left and in whose name and where. I didn't realize he was maneuvering so was very open and honest with him Then Lucas the so called corporate attorney came on the picture and all of a sudden, my family were refused to be allowed to transfer the 50,000 shares from my husband's name into the trust or our family name. Clark worked at the restaurants as manager and accountant for over eleven years. They lost money every year. Clark drove a new jaguar convertible, had several open ended credit cards, worked on the average of 4 hours per week and lived like a prince. I was on a budge as well as I cannot pay my bills and selling off what few assets remain. Clark lives in a 1.6 million dollar house, his wife is a senior executive at Price/Waterhouse and earns approx. $300,000 per year and they are multi millionaires. I filed bar complaints against Lucas because of his approaching my daughter and I outside the courtroom and told us our attorney was a bad attorney and a reverse mortgage scam artist, etc. Lucas in 2011 was retained by my hubby and I in a separate matter; however, the judges says that was okay, that was not enough for a recusal.
Customer: replied 1 year ago.
I already know I can get another attorney. I want to know. Do I have a case? No attorney will be honest and forward. They just want me to use their services and file. Question: Do I have a case. Please answer that question.
Customer: replied 1 year ago.
Do I have a case? Answer that question please. I already know I can contact another attorney. So, you answered something I already know.
Expert:  Dimitry K., Esq. replied 1 year ago.
I do not know. I am an ethical attorney, which means that for me to answer your question honestly I have to review your case from all angles, which includes all documentation that you may have. Then I have to consider 4 distinct points of view. I need to understand your point of view and see if it is valid, then I have to see your opponent's point of view. Then I have to figure out where the truth really lies, as it is usually somewhere in the middle. Finally I have to figure out what I can prove to the judge and what the judge will believe. I cannot answer your question, and if I simply give you a throwaway statement it will be as useless as your past representation, which isn't fair to you. At least I have to see the documentation to understand the facts, and simply basing my answer on what little you provided especially if the judge keeps ruling against you, I cannot answer it because I'd also need to understand WHY the judge keeps ruling against you, as it is probably not just because he doesn't like your attorney. Sincerely, ***** *****

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