Wednesday, October 28, 2015

Minor Update to the case:

The potential Class Action suit against the Canadian slumlords continues with the most recent 10/21/15 filings not yet posted on the Superior Court site.

The last action prior to this was 9/14/15.  This runs 5 pages, only shown are 2 as the others are repetitious.



See the above document directly on the Court site at: 


Before that we had the Slumlords lawyers whining about how they had been characterized in filings by the law firm representing the 12 residents of CLMHP.

Just an an example of how they whine and moan is this:


"Accordingly, Defendants respectfully request that the court strike any reference in the Complaint to criminal conduct, any Counts predicated on alleged criminal conduct and use of the words, illegal, extortion, illegal scheme, or the like as it is immaterial, impertinent, scandalous and wholly prejudicial."





See the above document directly on the Court site at:
 http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150067438.PDF

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Direct Links to Superior Court Documents are:

see the 23 page complaint at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150021570.PDF

the summons at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150021571.PDF

the General Civil Case Filing Form at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150021572.PDF

Disclosure statement at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150021984.PDF

3 page Service entry at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150026213.PDF

1 page Document at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150026216.PDF

3 page Appearance of Council at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150038594.PDF

10 page Defendants Motion at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150038596.PDF

3 page Defendants Motion to Strike at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150038597.PDF

5 page Brief to support Defendants Motion to Strike at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150038598.PDF

3 page Motion to Dismiss by Defendants at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150038598.PDF

27 page Brief by Defendants at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150038600.PDF

2 page Defendants letter at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150038603.PDF

4 page Plaintiffs brief at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150055768.PDF

3 page Plaintiffs brief at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150055770.PDF

1 page Plaintiffs document at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150055775.PDF

7 page Plaintiffs reply to Defendants brief at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150067436.PDF

2 page Defendants Letter at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150067436.PDF

5 page Defendants Certificate of service at:  http://images.cobbsuperiorcourtclerk.org/web/viewer.html?file=/document/SUCV-20150133993.PDF


Note:  additional documents are filed but not yet put online


Monday, March 9, 2015

Class Action Suit - Castle Lake

Canadian Slum Lords, The Ergas Group, et al, run by the wealthy Jewish Vancouver B.C. Ergas family are now subject to what will be a long and expensive lesson in the American Judicial system.  

The various plaintiffs are asking the Superior Court to certify the action as a 'Class Action' for those residents and owners who have been preyed on by this ruthless bottom feeding owners of a down market Georgia trailer park.

Below is a brief Summary of the case filed last month in Cobb Superior Court.  The entire 9 Count filing text runs 21 pages and 4,700 words and is to long to reproduce in full on this site.  

Regular readers of the blog site: http://castlelakemhp.blogspot.com/  will recall that this 53 acer property was intended to be sold to Fuqua Development, headed by Jeff Fuqua, known in the local press as 'Atlanta's Most Controversial Developer'.

Fuqua and Ergas had good initial success in hoodwinking the City of Kennesaw Mayor and City Council into granting both favorable zoning changes and taking into the City of Kennesaw 2/3 rds of the downmarket Castle Lake trailer park. 

Now the years of the Ergas family preying on low income famlies, retirees and Hispanic tenants is coming to an end and their shabby trailer park is soon to be gathering citations for the many violations that have piled up over years of neglect.


IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA


JACQUELINE LOPEZ, MARY HUIEL, JOHNNY MILLENDER, DEBRA SPEARS, MARIA TREVINO, NORBERTO MANZANO, LUDVINA MANZANO,  GUADALUPE AYALA LANDA, KARLA RODRIGUEZS,  IAN MCGUIGAN, MARIA RIVERA, and ELBERTO BOYZO,

     Plaintiffs,

     v.

CASTLE LAKE HOMES CORP., MASAL PARTNERS LTD. LP, and AMAK PARTNERS LP, 

     Defendants.


CIVIL ACTION FILE NO.  15-1-1129  



CLASS ACTION COMPLAINT

COUNT I:  MONEY HAD AND RECEIVED (UNJUST ENRICHMENT)
COUNT II:  BREACH OF CONTRACT
COUNT III:  THEFT BY DECEPTION (AS TO THE WATER OVERCHARGES CLASS ONLY)
COUNT IV:  THEFT BY TAKING (AS TO THE ILLEGAL FINES CLASS ONLY)
COUNT V:  VIOLATION OF THE GEORGIA RICO ACT, § 16-14-4, ET SEQ.
COUNT VI:  FRAUD (AS TO THE WATER OVERCHARGES CLASS ONLY
COUNT VII:  CIVIL CONSPIRACY
COUNT VIII:  PUNITIVE DAMAGES
COUNT IX:  LITIGATION COSTS

I. PARTIES AND JURISDICTION

1. Plaintiffs are residents of the State of Georgia and are current or former tenants of Castle Lake Mobile Home Park.

2. Defendant Castle Lake Homes Corp. is a Georgia corporation with its principal office located at 1520-1185 West Georgia Street, Vancouver, British Columbia V6E 4E6.  Said Defendant may be served with process through its Registered Agent, Gloria Beauchene, at 1252 Gray Squirrel Crossing, Marietta, Georgia 30062.

3. Defendant Masal Partners Ltd. L.P. is a Georgia limited partnership with its principal office located at P.O. Box 91583, West Vancouver, British Columbia V7V 3P3.  Said Defendant may be served with process through its Registered Agent, Gloria Beauchene, at 1252 Gray Squirrel Crossing, Marietta, Georgia 30062.

4. Defendant Amak Partners, L.P. is a Georgia limited partnership with its principal office located at P.O. Box 86158, North Vancouver, British Columbia V7L 4J8.  Said Defendant may be served with process through its Registered Agent, Gloria Beauchene, at 1252 Gray Squirrel Crossing, Marietta, Georgia 30062.

5. Collectively, Defendants are the owners, operators and managers of a 300-plus lot mobile home park in Kennesaw, Georgia, known as Castle Lake Mobile Home Park (“CLMHP”).

A few of the many allegations in this suit involve illegal fines and fradulent water charges and the suit says in part:
"Defendants collectively agreed and conspired to commit the tortious acts, acted in concert to commit the tortious acts and the Defendants are jointly and severally liable for the acts described herein. . . Pursuant to O.C.G.A. § 16-14-6(c), Plaintiffs are entitled to recover treble damages, punitive damages, and attorney’s fees and litigation costs from Defendants for the damages caused by Defendants’ pattern of racketeering activity."

The entire case is available on the Cobb County Superior Court Internet site:  http://www.cobbsuperiorcourtclerk.org/courts/  Below are a few pages FYI: