Free Statement - District Court of Arizona - Arizona

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Terrance J. Slominski, OSB 81376 7150 SW Hampton, Suite 201 Tigard OR 97223 Phone: 503-968-2505 Fax: 503-684-7950 E-mail: [email protected] Attorney for Plaintiff, David Menken

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. GERRY F. EMM, husband, MAXINE C. EMM, wife, COLDWELL BANKER ITILDO, INC., a foreign corporation, MARSHA L. TOMERLIN, wife, JOHN DOE TOMERLIN, DAVID J. MORANDI, husband, JANE DOE MORANDI, wife; SCARPELLO, HUSS & OSHINSKI, LTD, A Nevada Law firm, Defendants. 1. On January 31, 2002 Menken acquired the bare land located at 130019 N. 150th St., Scottsdale, Arizona to develop and build a horse ranch. See Menken Declaration. 2. Menken acquired the property through his Los Pintos LLC, an Arizona LLC owned by Menken. Menken Declaration. 3. Menken acquired financing under his own name and developed the property DAVID MENKEN, Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 04-598-PHX-MHM PLAINTIFF'S CONCISE STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF'S PARTIAL MOTION FOR SUMMARY JUDGMENT

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PLAINTIFF'S CONCISE STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF'S PARTIAL MOTION FOR SUMMARY JUDGMENT Case 2:04-cv-00598-MHM Document 87 Filed 09/19/2008 Page 1 of 3

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between January 2002 and early 2003. 4. It was Menken's plan that once the property had been completely developed and the horse breeding business operating at that location, the property would be sold after holding the property for at least two years. Menken Declaration. 5. Menken transferred the property to and from Los Pintos several times for the operation of the property business. Menken Declaration. 6. On February 25, 2003, Menken recorded a Warranty Deed from Los Pintos LLC to Menken. Exhibit 2 to Menken Declaration. 7. After completing the financing of the property Menken recorded a Quit Claim Deed to Los Pintos LLC on April 3, 2003. Exhibit 3 to Menken Declaration. 8. On April 30, 2003, the Defendants filed a Certification of Judgment in the United States District Court for the District of Arizona, case No. 03MC35-PHX-FJM which they attempted to register a Nevada judgment in Arizona District Court. Afterwards, the Defendants recorded the Nevada judgment in the Maricopa County Records at 2003-0558897 creating a lien and clouding Menken title. Menken Declaration, Exhibit 4. 9. Menken was not aware that the Nevada Judgment had been recorded in the Maricopa records so he was working on refinancing of the property on or about August 2003. Menken Delcaration. 10. According to the recorded lien, Defendants were awarded $1,413.63 costs and $28,470 for attorney fees. Exhibit 4 to Menken Declaration. 11. Despite Menken's request for removal of the lien, Defendants refused to do so without payment. Menken Declaration Exhibits 6, 7, Judge Vatz Decision Dated this 19th day of September, 2008.

/s/ Terrance J. Slominski Terrance J. Slominski, OSB 81376

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PLAINTIFF'S CONCISE STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF'S PARTIAL MOTION FOR SUMMARY JUDGMENT Case 2:04-cv-00598-MHM Document 87 Filed 09/19/2008 Page 2 of 3

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Attorney for Plaintiff

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PLAINTIFF'S CONCISE STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF'S PARTIAL MOTION FOR SUMMARY JUDGMENT Case 2:04-cv-00598-MHM Document 87 Filed 09/19/2008 Page 3 of 3