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My family has been the victim of real estate investment fraud.in 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

Posted

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 www.sec.gov 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.

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Posted

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.

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Asker

Posted

Thank you for responding. I thought I posted in fraud and two others. Not forum shopping, or at least not intentionally, since I don't know what that is. I have read a lot, and been threatened with numerous (I think ridiculous) cases. Just thought there might be a consistent strategy, given certain circumstances. I did put, may be un answerable. Thanks again

Posted

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?

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Posted

Thank you for responding. I misunderstood slapp protections, I thought they were to protect against a defendant from filing numerous counter suits purely to drive up the costs of litigation etc. Which is a tactic this group uses. I was anticipating what the other side would do in a lawsuit. Investors live here, prop etc is in North carolina. Again thank you for responding, and helping better understand, so that I can hopefully make the right decision.

Phyllis Voisenat

Phyllis Voisenat

Posted

In California one would use sanctions as a way to stop bad faith tactics. When a party does it in various lawsuits they can be determined a "vexatious litigant" to curb litigation abuse.

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