Post by portrush on May 20, 2008 12:28:42 GMT -6
Compliments of stormgrey
Kevin being sued could hold things up imo....
« Thread Started Today at 12:25pm »
This countersuit for "Slander of Title" was filed on 5 May against CMKM Diamonds, the same day when our packets were supposedly being sent out. I have to wonder if there was an abrupt halt put on anything being sent to the shareholders, if in fact that rumor is/was true.
www.cmkmdiamondsinc.com/documents/eton_initial_answer.pdf
Here's the "meat" of the Counterclaim:
Counterclaim
COMES NOW, Counterclaimant, ETON PROPERTIES CORP. ("ETON"), by and through its attorney of record, HAROLD P. GEWERTER, ESQ., of the law firm of HAROLD P. GEWERTER, ESQ. LTD., and for its causes of action against the Plaintiff/Counterdefendant, hereby complains and alleges as follows:
1. At all times relevant hereto, Counterclaimant, ETON, is and was a corporation duly authorized and existing under the laws of the State of Nevada, and was doing business in Calrk County, Nevada and elsewhere.
2. Counterclaimant is informed and believes that at all times relevant hereto, Counterdefendant, CMKM Diamonds, Inc. ("CMKM"), was a corporation duly authorized and existing under the laws of the State of Nevada, and was doing business in the State of Nevada and elsewhere.
FIRST CAUSE OF ACTION (Slander of Title)
3. The Counterdefendant hereby repeats and alleges each and every allegation contained in the preceding paragraphs, as though set forth in full at this time.
4. The actions of the Counterdefendant and it's principles, agents, and attorneys decsribed hereinabove, in filing a series of Lis Pendens on properties owned or possessed by Counterclaimant, ETON, constitutes a fals and malicious communication disparaging to certain of the Counterclaimant's title in land, causing special damages.
5. As a result of the slander of title, as set forth above, Counterclaimant has not been able to and/or cannot deliver clear title to it's real properties and has caused other damages related hereto.
6. As a further and direct result of the slander of title, as set forth above, Counterclaimant has suffered damages in an amount in excess of Ten Thousand Dollars ($10,000.00), in an amount to be determined at trial.
7. Additionally, the Counterclaimant is entitled to an award of punitive damages, in an amount to be determined at trial because the actions of the Counterdefendant, and its principles, agents and attorneys are wanton, intentional, oppressive, and fraudulent.
8. The Counterclaimant has been required to retain the services of an attorney to prosecute this action and, therefore, is entitled to an award of reasonable attorney's fees and costs incurred herein.
SECOND CAUSE OF ACTION (Abuse of Process)
9. The Counterclaimant hereby repeats and re-alleges each and every allegation contained in the preceding paragraphs, as though set forth in full at this time.
10. The Counterdefendant's filing of the civil action upon which this Counterclaim is based, and related Notices of Lis Pendens were done with ulterior purpose other than resolving a legal dispute, and constituted a willful act in the use of the legal process that is not proper in the regular conduct of thee proceedings. Accordingly, the Counterdefendant, and its principles, agents and attorneys, abused the civil process, for which certain of the Counterclaimants have incurred damages in excess of Ten Thousand Dollars ($10,000.00), and to be determined at trial.
11. Additionally, certain of the Counterclaimants are entitled to an award of punitive damages, in an amount to be determined at trial, because the actions of Counterdefendant, and its principals, agents and attorneys are wanton, intentional, oppressive,and fraudulent.
12. The Counterclaimant has been required to retain the services of an attorney to prosecute this action and, therefore, is entitled to an award of reasonable attorney's fees and costs incurred herein.
THIRD CAUSE OF ACTION (Quiet Title)
13. The Counterclaimant hereby repeats and re-alleges each and every allegation contained in the preceding paragraphs, as though set forth in full at this time.
14. Counterclaimant has performed all of his obligations to acquire all right, title and interest in and to all its properties free and clear of all claims, liens and encumbrances of all parties including, but not limited to, any claims by Counterdefendant; however, Counterdefendant has improperly placed a liens (i.e, Lis Pendens) on the properties owned by Counterdefendant.
Kevin being sued could hold things up imo....
« Thread Started Today at 12:25pm »
This countersuit for "Slander of Title" was filed on 5 May against CMKM Diamonds, the same day when our packets were supposedly being sent out. I have to wonder if there was an abrupt halt put on anything being sent to the shareholders, if in fact that rumor is/was true.
www.cmkmdiamondsinc.com/documents/eton_initial_answer.pdf
Here's the "meat" of the Counterclaim:
Counterclaim
COMES NOW, Counterclaimant, ETON PROPERTIES CORP. ("ETON"), by and through its attorney of record, HAROLD P. GEWERTER, ESQ., of the law firm of HAROLD P. GEWERTER, ESQ. LTD., and for its causes of action against the Plaintiff/Counterdefendant, hereby complains and alleges as follows:
1. At all times relevant hereto, Counterclaimant, ETON, is and was a corporation duly authorized and existing under the laws of the State of Nevada, and was doing business in Calrk County, Nevada and elsewhere.
2. Counterclaimant is informed and believes that at all times relevant hereto, Counterdefendant, CMKM Diamonds, Inc. ("CMKM"), was a corporation duly authorized and existing under the laws of the State of Nevada, and was doing business in the State of Nevada and elsewhere.
FIRST CAUSE OF ACTION (Slander of Title)
3. The Counterdefendant hereby repeats and alleges each and every allegation contained in the preceding paragraphs, as though set forth in full at this time.
4. The actions of the Counterdefendant and it's principles, agents, and attorneys decsribed hereinabove, in filing a series of Lis Pendens on properties owned or possessed by Counterclaimant, ETON, constitutes a fals and malicious communication disparaging to certain of the Counterclaimant's title in land, causing special damages.
5. As a result of the slander of title, as set forth above, Counterclaimant has not been able to and/or cannot deliver clear title to it's real properties and has caused other damages related hereto.
6. As a further and direct result of the slander of title, as set forth above, Counterclaimant has suffered damages in an amount in excess of Ten Thousand Dollars ($10,000.00), in an amount to be determined at trial.
7. Additionally, the Counterclaimant is entitled to an award of punitive damages, in an amount to be determined at trial because the actions of the Counterdefendant, and its principles, agents and attorneys are wanton, intentional, oppressive, and fraudulent.
8. The Counterclaimant has been required to retain the services of an attorney to prosecute this action and, therefore, is entitled to an award of reasonable attorney's fees and costs incurred herein.
SECOND CAUSE OF ACTION (Abuse of Process)
9. The Counterclaimant hereby repeats and re-alleges each and every allegation contained in the preceding paragraphs, as though set forth in full at this time.
10. The Counterdefendant's filing of the civil action upon which this Counterclaim is based, and related Notices of Lis Pendens were done with ulterior purpose other than resolving a legal dispute, and constituted a willful act in the use of the legal process that is not proper in the regular conduct of thee proceedings. Accordingly, the Counterdefendant, and its principles, agents and attorneys, abused the civil process, for which certain of the Counterclaimants have incurred damages in excess of Ten Thousand Dollars ($10,000.00), and to be determined at trial.
11. Additionally, certain of the Counterclaimants are entitled to an award of punitive damages, in an amount to be determined at trial, because the actions of Counterdefendant, and its principals, agents and attorneys are wanton, intentional, oppressive,and fraudulent.
12. The Counterclaimant has been required to retain the services of an attorney to prosecute this action and, therefore, is entitled to an award of reasonable attorney's fees and costs incurred herein.
THIRD CAUSE OF ACTION (Quiet Title)
13. The Counterclaimant hereby repeats and re-alleges each and every allegation contained in the preceding paragraphs, as though set forth in full at this time.
14. Counterclaimant has performed all of his obligations to acquire all right, title and interest in and to all its properties free and clear of all claims, liens and encumbrances of all parties including, but not limited to, any claims by Counterdefendant; however, Counterdefendant has improperly placed a liens (i.e, Lis Pendens) on the properties owned by Counterdefendant.
, its much more professional than responding; "look at the pot calling the kettle black."