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My family has been the victim of real estate investment a state with no slapp protections; any way to move it to heret

San Francisco, CA |

memebers of my family inherited three investments. They were all loose long term shopping centers they issued stock to investor groups. There appears to have been a great deal of willful misreprentation. In doing research some of the tactics were disturbing. (defendent redacted most of his books for instance) declared summary judgement for the defense no discovery. They appealed and won, defendant appealed the fees of the appeal and won. So that plaintiff spent a lot just to get right back where he started. We are sure we will encounter similar, but hoped to avoid what we can anicipate. I think having it tried in a state with slapp protections would be a good start (two live in CA) but no idea how to approach I realize this may be unanswerable, thank you

Attorney Answers 3

  1. Best answer

    In general, there have been many issues with the private placement of real estate investments in recent years. This has hurt many legitimate operators of such ventures for obvious reasons. What you need to understand is that just because the investment loses money does not mean you have a case. Rather, there has to be some sort of fraud or misrepresentation involved in the offering or ongoing advice rendered regarding the investment. First thing to do is to figure out who sold this thing to you all -- you may be compelled to arbitrate. Then identify what the misrepresentations or frauds are. Then check to see if the issuer has filed any Form Ds with the SEC, or anything else for that matter.

    Happy to assist.

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.

  2. You posted this in the family law section and this is a real estate question. My suggestion: post it in the real estate section for a comprehensive answer. If you're forum shopping and this case was already adjudicated, you can't try the same case twice.

    The case you're describing really requires a comprehensive factual review of the documents, your case history, and the facts.

  3. What do you mean by "slapp protections". In California slapp refers to strategic lawsuits against public participation, but that doesn't apply here. Are you saying the shopping center corporation defrauded it's investors? Did some investors already sue on this issue? You should consult with an attorney to get all the facts needed to make a decision on this matter. Also which two live in California? Are these investors? Are the shopping centers in California?

    Legal questions and issues are complex and individual. The information provided herein is for educational purposes only and does not constitute legal advice. It does not create an attorney client relationship. An attorney client relationship is formed by entering a fee agreement with the attorney. We offer a free 30 minute initial consultation by phone, email or in person. We are a debt relief agency as defined in the United States Code. We help people file for bankruptcy relief under the Bankruptcy Code.

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