Client T was convicted of DUI, etc., by the State of Rhode Island, and his license was revoked, but never surrendered. Client T moved to Ohio and surrendered his RI license, to Ohio BMV, in order to ob...tain an OH license. Client T was thereafter issued notice to surrender his OH license, via the Violator's Compact Statute. He did not do so until after being cited for DUS, etc., by the City of Brecksville.
I was then retained by Client T, and I was successful in completing the very complicated process of fulfilling his sentences and paying his fines as imposed by RI, obtaining reinstatement of his RI privileges and license, and then obtaining reinstatement of his OH privileges. Thereafter, Brecksville sentenced Client T to 5 days and a $400 fine plus costs, with all days and $150 suspended, with time to pay, and with a 90 day FRA suspension
Litigation
Client T dba LDV Restaurant v. Landlord, etc.
N/A
OUTCOME: Settlement Enforced with Receiverships
Client T's personal counsel and attorneys of record, in this lawsuit, retained me to co-counsel Client T 's civil litigation in a variety of personal and business claims being brought against Client T ...'s current
commercial Landlord, seeking general, special, incidental, consequential or punitive damages and
equitable relief.
I was responsible to successfully complete the full transfer, review and verification of several thousand pages of court filings and evidentiary or investigatory documents prepared and maintained by Client T or his personal counsel and attorneys of record; together with commercial real estate expert consultations, party and/or witness depositions, and other final preparations for trial.
Mediation failed, but I successfully negotiated a settlement and dismissal, in lieu of trial. Landlord, however, refused to execute the Agreement and then fired his defense counsel. I obtained Relief from Judgment, and then renegotiated and filed with the Court a Partial Settlement Agreement, in lieu of trial, reserving two "deal-breaking" issues (sq. footage & rates) for binding arbitration after which the Landlord was required to prepare and issue an Amended Lease to Client T, based upon the Arbitration Award.
Binding Arbitration was conducted, but the Landlord failed and refused to prepare and issue to Client T an Amended Lease, as required under the Partial Settlement Agreement. Instead, the Landlord unlawfully served Client T with a three day Notice to Vacate the commercial premises. I then filed a Motion to Enforce the Settlement Agreement, before any Eviction action was filed by the Landlord against Client T.
Landlord then hired new defense counsel with whom I negotiated the Amended Lease required from the Landlord under the Partial Settlement Agreement, but the Landlord again refused to execute the Amended Lease. Instead, Landlord fired the defense counsel that had just negotiated same and hired new defense counsel.
Consequently, I filed a Motion to Show Cause. Instead of responding to that Motion, Landlord's new defense counsel attempted to exercise the Self Help provisions of the parties' original Lease. We had the Police respond to the scene and demanded that the Landlord's defense counsel be arrested for Breaking and Entering. Instead, the Police directed us to the Court before whom our litigation over the Lease was still pending.
At the Emergency Hearing, the Court ordered the Landlord to return occupancy of the premises to Client T, and required the parties' to enter a "Status Quo" Agreement until the parties' litigation before him was concluded. The Court, thereafter, granted my Motion to Show Cause, in part, and scheduled a Contempt Hearing at which to determine appropriate sanctions. Rather than proceeding with the Hearing, I negotiated a second Settlement Agreement and Amended Lease which were both executed and duly filed or recorded by the parties.
During this time, Client T was served with an Assignment of Rents by Landlord's Mortgage holder, which ultimately filed a Foreclosure action against Landlord. Clint T thereafter paid his rent directly to the Mortgage holder while still paying utility contributions to Landlord, under the Amended Lease. Landlord started maliciously interfering with Client t's business and failed to pay the utility bills for the leased premises, requiring Client T to pay the past due bills for services to be returned to the property. I then filed a Motion for Appointment of a Receiver, which was granted by the Court. The Receiver in the lease litigation and I both filed new Motions to Show Cause due to the contemptible conduct of Landlord and his defense counsel.
An agreement was reached with the Mortgage holder to acknowledge that Client T's Amended Lease was a higher priority encumbrance on the Leased premises than the Mortgage Note, after the Foreclosure Court erroneously found to the contrary. The Foreclosure Court has also appointed a Receiver for the Landlord.
