- 10 - vending machines to AIC. When the MDFC lease occurred, AIC gave the same 10 vending machines to Septech to sell to MDFC. In 1986, MDFC sued petitioners and their corporations for defaulting on the MDFC lease. On August 27, 1986, a settlement favoring MDFC was entered by the California superior court. Under the settlement, MDFC was to receive: (1) $199,000, (2) possession of the 10 vending machines in question, and (3) a second priority judgment lien on property owned by petitioners in San Bernardino County. The $199,000 was payable $10,000 on or before July 15, 1986, and $3,150 per month for 60 months, beginning August 1, 1986. During October 1989, MDFC filed papers in court reflecting full satisfaction of the settlement in the California superior court. On September 20, 1989, MDFC’s lawyers wrote to Arthur Handel (Mr. Handel), petitioners’ attorney, indicating that upon the payment of the personal property taxes escrow amounts, “your client will be the owner of the Aqualator vending machines originally leased.” On October 18, 1994, MDFC informed Mr. Bowden by letter that he was entitled to possession of the 10 vending machines as part of the satisfaction of judgment between MDFC and AIC. MDFC also stated that it did not take possession of the vending machines. MDFC by an October 25, 1994, letter advised respondent’s agents that MDFC’s judgment against AIC and petitioners had been fully satisfied on September 6, 1989. As aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011