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09-18-2018, 04:58 PM #3Karen37aGuest
I am not a lawyer but in order to prove tortious interference a few things must exsist
1) the existence of a valid contract between the plaintiff and a third party;
(2) defendant’s knowledge of that contract;
(3) the defendant’s intentional procurement of the third-party’s breach
without justification;
(4) actual breach of the contract; and
( 5) damages resulting therefrom
From what I know of that case the merchants committed extensive p[urposful fraud from the onset and never planned on using the money for purposes intended (and itria ventures proved those things by stopping them from discharging the debt in bankruptcy)
In their own words in the bankruptcy proceedings, they said they took the money to the casino and paid personal bills and the sons bills, also the son wasn't present in the business 70% of the time and was on a globe trotting adventure
** it is my guess that the original money was spent long before they ever received additional monies ( then they did a mini "Ponzi" scheme on themselves)
The Defendant offered no explanation on why the funds from itria were squandered on gambling junkets, school tuition, school expenses, personal insurance premiums, food, restaurants, and how and why substantial monie found their way into defendant's personal bank account. The defended cold not refute overwhelming evidence from Itria to establish fraud and a failure to maintain financial records
Add ** I wouldn't have blocked the discharge by * proveing extensive fraud to try to get blood from a turnip ...I would have blocked ti though**
Judical Estoppel ...another one of those Estoppels in its most generic form, prevents
a party from asserting a position in one legal proceeding that directly contradicts a position taken by that same party in an earlier
proceeding because now the arguments they made for themselves can be used against them
I was asked to write forensic reports for and against foreclosure during the housing crash...eg had 3 jobs could afford the payment... took the 3 jobs just to "pad" the bank account , lost 2 jobs one week after closing, went to vegas bought a mercedes etc, therefore the investor is not liable...(not my gig though, I helped temporarily, i am a proud telemarketer/boiler room) being sarcastic about the telemarketer/boiler room..
( I can't wait for the Calif lawsuits to start flooding in)Last edited by Karen37a; 09-18-2018 at 05:30 PM. Reason: typos
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