- 15 - Petitioner contends that Lalosh testified that petitioner had no role in Napa. We disagree. Lalosh testified about James Merriam’s office procedures, that petitioner signed several Napa checks, and that James Merriam signed Napa documents. Lalosh did not testify that petitioner had no role in Napa. Petitioner denies receiving substantial sums from Napa. Our bases for finding that she received about $1.5 million in a 2- year period are that: (a) Petitioner said that she received monthly payments from Napa for household expenses; and (b) Ted Merriam testified that (i) James Merriam wanted petitioner to receive at least $20,000 to $30,000 per month for that purpose; (ii) Napa gave petitioner $1.5 million in a 2-year period; and (iii) petitioner gave Napa $1.5 million in notes during that period. The hearing record for petitioner’s motion includes the three Napa checks payable to and signed by petitioner: $9,000 on April 15, 1985, $9,000 on April 22, 1985, and $5,000 on April 24, 1985. These checks, the consent to action, and the promissory note that petitioner admitted that she signed show that petitioner received substantial sums from Napa. We are not convinced that the submission to the Court of the stipulation of facts was fraud on the Court.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011