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This unpublished opinion by Judge James R. Lambden is quite a nugget. Bar-K sued First American Title Corp. If you are interested in the details, click the link in the first sentence. If not, then focus on the excerpts below:
"Without the benefit of an appraisal and with minimal due diligence, Ng concluded the lease and improvements were probably worth $8 or $9 million and certainly no less than $6 million".
"The trial court rejected (Bar-K attorney) Kroetch's testimony. . . noted that Kroetch . . . was "obviously lying" and had "zero" credibility. The court also did not believe the testimony of Bar-K's office manager".
"Gross bad faith by Bar-K".
"Bar-K had "intentionally tried to trick" First American into looking like an escrow holder."
"The court stated, "Bar-K's escrow claim was a ploy, a scam, a fraud" that was "consciously orchestrated by Bar-K" with the consent of its management."
"The cases cited by Bar-K in support of its argument are either inapposite or contradict its position."
"The court found that Bar-K brought a meritless, bad faith claim".
What else can be said? We invested our hard-earned dollars in these guys. We put our faith in these guys. We entrusted our retirements, our lives and our futures in these guys. We invested generations worth of dollars in these guys. Hindsight certainly is 20/20.
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