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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.
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