Thursday, March 17, 2016 6:07:13 AM
Nevertheless, I have some questions regarding your lawsuit. You claim your Notice was for Breach of Contract but then you claim that you have demanded that DGMC has five days to vacate the property as though what you really did was provide formal notice for a Forcible Detainer Action. What are you claiming to sue for, breach of contract or breach of lease?
Are you currently unpaid on any amount on the rent? Or are your claims of breach stemming solely from the alleged payroll violations? What lease clause gives you the right to sue for breach on those grounds? What standing do you have?
If you served your "Demand" to Vacate on the 15th, then you haven't yet filed suit in Pershing County Justice Court (PCJC) - so that is sort of a half-truth. Not sure if Nevada requires these Notices to be filed and served by the Court - I would love for you to post a copy.
Finally, how are you going to deal with the subject matter jurisdiction of the Pershing Court being only $10k. The lease has to be worth more than that - and DGMC would be better off just moving for dismissal and force YOU to file in the district court. I suppose this tells me that you are only going to PGJC as a landlord fighting an action in Forcible Detainer for breach of lease - and I definitely wouldn't remove to District Court because I have a hard time believing that a Court would rule in your favor for a complained breach that you have no standing to complain of. But you can certainly upload a copy of the lease so we can see what lease term you think DGMC has violated.
Even, for the sake of argument, you won after 6 months to a year getting to trial on the breach claims - I would still appeal and delay any resolution for another 1-2 years at the District Court level where the whole thing could be tried De Novo.
But honestly - I just see your case being dismissed on either a lack of standing or a failure to state a claim basis.
Unless they are arrears on Rent to you. If that is the case, well then good luck to you, you deserve to win. I have already made all my money back on the float and then some. The 500k shares I hold are pure profit. It think I can boost that up to a million shares with the panic you are about to cause among those who don't know any better.
My gut feeling is that you are a shrew and intelligent man - so you are probably doing the same thing I am and picking up shares at a considerable discount.
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