K & M La Botica Pharmacy, Incorporated, et al. - Page 15

                                       - 15 -                                         
               On December 19, 1997, on Ahmed’s behalf, Saghir prepared and           
          filed articles of incorporation for Apex Medical Lab, Inc. (AML).           
          Darwish was identified as the sole shareholder of AML.  As with             
          the incorporation of Madina, at Ahmed’s request Darwish signed              
          various documents relating to the incorporation of AML.  Darwish            
          understood that Ahmed was the actual owner of the lab and of AML.           

          1998                                                                        
               On January 5, 1998, Falahy began managing, as if he were the           
          owner, the Lynwood Clinic, even though his pending purchase of              
          the Lynwood Clinic was not complete.                                        
               In early 1998, after several rounds of negotiations and                
          multiple revisions of the proposed sale agreement, Ahmed and                
          Falahy agreed in principle to the sale of the Lynwood Clinic to             
          Falahy for an estimated sales price of between “$100,000 and                
          $150,000".  Falahy, however, did not sign the final sale                    
          agreement because the agreement did not reflect an original                 
          signature of Elkholy, the purported owner.  The sale apparently             
          was agreed to with a “handshake” between Ahmed and Falahy but               
          with no signed written agreement.  The record is unclear as to              
          the final agreed purchase price.                                            
               Falahy began making installment payments on the purchase of            
          the Lynwood Clinic.  At Ahmed’s request, when Falahy’s checks               
          were delivered to Ahmed, the payee line on Falahy’s installment             
          checks was left blank, and Ahmed apparently would fill in the               





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011