Legal Question in Civil Litigation in California

I was a member in a LLC which was dissolved in '06.

The managing directors looted all assets and committed massive fraud.

The purpose of the LLC was development of my lots. It was a profitable enterprise.

My CPA has been denied access to the books. And when a Superior Court judge ordered compliance with a production of documents request, the crooks just filed serial BK every time there was a contempt hearing. Not a word - so my legal bill for these hearings was high each time.

I want to get the records and some questions answered. Based on their Federal tax returns, the LLC made a 6-figure profit. All capital was provided by me. At some point in '07, they offered some silly amount - $ 43,847 but demanded not to disclose anything. But just the lots they developed and sold without paying for them had a value several times that much.

Am looking to strike a flat-rate deal. As one attorney billed xxx hours without getting any documents from them. I'm convinced an attorney who is aggressive can make them comply with discovery.

Thank you.


Asked on 7/05/12, 2:18 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Enforcing inspection demands in discovery during active litigation is not too difficult, but is complicated by the other party's bankruptcy filing. You are going to have to talk to some attorneys and have them review the matter, and should go with the one that you feel most comfortable with. I charge a $300 consultation fee for matters that have already been in prior litigation, and you may want to speak to someone closer to you as I am based in the San Fernando Valley in Los Angeles County.

Read more
Answered on 7/05/12, 1:33 pm
Terry A. Nelson Nelson & Lawless

What you 'want' is clear. What you can legally do now on a 6 year old incident and case that already has BK filings is not clear. As with Mr. Roach, if you are willing to spend a couple hours of attorney consult time so I can try to make sense of the pleadings and understand the case, I'd be willing to do so. However, you would be better off locating an attorney local to the case and courthouse, so you wouldn't have to pay for travel time incurred by an out of area attorney. While you can get a flat rate for consultation, you are likely to find attorneys only willing to work on hourly rate for such an open ended situation.

Read more
Answered on 7/10/12, 12:06 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California