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HISTORY - the lawsuit update blog; comment, observations and opinions... opinions... and more opinions.

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Disclaimer

Certainly there are two sides to every story. This is my side of this story and my opinion of the issues, the players, the interesting history of the Re/Max players, and the twists and turns of battling one of Re/Max International's largest franchisees for more the SIX YEARS. I believe everything written here, if stated as fact, is 100% accurate, and if not stated as fact it is generally commentary or opinion of Joseph Miner. Most of the FACTS are backed up by public documents which can be downloaded. If you note ANYTHING that is stated as a FACT that is not accurate, please inform me and I will remove after investigation.

Welcome to my blog!

A note about  FREE SPEECH.

We do have FREE SPEECH in the United States of America. Additional information about free speech is available through a multiplicity of organizations. You may start here and read about your rights as protected under the law and the First Amendment [link].

The Supreme Court ruled in Gertz v. Robert Welch, Inc. 418 U.S. 323 (1974), opinions could not be considered defamatory. It is thus permissible to suggest, for instance, that someone is a bad lawyer, but not permissible to falsely declare that the lawyer is ignorant of the law: the former constitutes a statement of values, but the latter is a statement alleging a fact. [cite wikipedia]

FREE SPEECH PERSONAL AND COMMERCIAL [link to free speech LAW and information]

UPDATES

Comment added March 11, 2010

Motion being prepared to re-open state lawsuit - will post info when filed.

Here are list of agents named in the case to be opened soon.

Note there are many more agents to be named in the Remax / Commbroker / Hollymax /  All Cities Realty cases - the trademark use was continued following the filing initial lawsuits. If you worked at Re/Max Marquee Partners, Inc. (CF Real Estate Loans) from August 2002 to about December 2007 this will apply to you. Commbroker was longer - until it filed bankruptcy about 1/22/2009. Exact dates will be established. Also if you used personal websites with All Cities Realty that will be an issue too.

Notice - the attorney that was representing you has withdrawn from the case.

Several of these people below have not been notified per the attorney David Sandelands' declaration. If you know any of the people named below please notify them of this important due date! Funny, he did not try to find them too hard... they are all listed on the DRE website.

By the way you were NEVER represented in 1700 person lawsuit. That was just another lie. An attorney was NEVER hired to represent you to our knowledge... Truthfully, as sad as it is you were never told the truth.

Attached is declaration of attorney David Sandelands with notifications to all parties - 5 meg file.

Answers to the legal complaint are due by April 1, 2010 in Federal Count for the following:

HOLLYMAX REALTY, INC., a California corporation,
COMMBROKER, INC. a California corporation;
KENNETH G. DAVIS,
FARZAD ANDY DORRANI,
ALLEN JACKSON,
ARIANNE KAYS,
JEANETTTE GURZA-JUNCO,
(JULIA) JIAO HONG KULECK,
ROB O’SULLIVAN,
SHANNAN O’SULLIVAN,
COLETTE STEVENS,
SUSAN WILLIAMS,
OMID BENJAMIN ARASTEH,
GLEN BEER,
MAURICE BENITAH,
NINA DHILLON,
MATTHEW FREEDMAN,
JACK KHALILI,
JIHAN KIM,
ROBERT MELAMED,
GINA SAEIDIAN,
SIMON SHAHERI,
BYRON RIFE, JR.,
DALE A. ELENIAK

Comment added March 10, 2010

settlement website open for registration

Comment added February 27, 2010

Big News next week... stay tuned!

Comment added February 24, 2010

Watch for our settlement offer website coming soon. The site will provide a complete history of the lawsuits, a possibly a forum, FAQ, hard proof of everything we say, and various methods to put this all behind you.

Subscribe to our Remax Lawsuits newsletter for trial / settlement updates

Comment added February 21, 2010

We hear Re/Max Marquee Partners is planning a town hall meeting. These people offering to answer questions is not the issue. Its the answers they give you that will be the problem. You will need to FACT CHECK each and every answer that you hear.

For example: you were offered indemnification. First, just the filing fee for complex litigation is $525 per person. 1700 X $525 = $892,500 (in one day!). Our opinion is the company never had the money to pay even the first appearance fee. On top of that would have been lawyers fees maybe $1,000,000-$2,000,000. We tried time after time to have the court question where the money was coming from to pay the filing fee.. we were unsuccessful.

It was much easier to get you to believe she would pay all the costs and then to prolong the trial as long as possible (which they did). We were told years ago that the plan was to file bankruptcy at the last moment prior to trial (which would have happened because trial was to be in February except for the fact our expert got sick which forced a continuation but the BK was filed anyway. It would have been irresponsible to tell you that we heard these rumors a long time ago. We wanted you to ask the question and find out your on your own.

Do yourself one last favor. We have been telling you the truth for five years. Fact check, from non Re/Max Marquee Partners sources, what they tell you in the town hall meeting. Be certain they have authentic documents that PROVE what they say is true. And then fact check the documents. Take nothing at face value.

In just the last week a barrage of misleading statements have been sent out to the agents in letters and emails... but that is nothing new as practically nothing we have been told for the past 5 years has been 100% accurate.... its a never ending process to investigate and correct all the false and misleading statements made by Re/Max Marquee Partners and their representatives. Here are just a few recent issues:

• Example - They recently stated WE delayed trial time after time (they did)
• Answer- Download Defendants' latest request for continuance by David Sandelands
• Example - They state the agents were not served (they were) Kelli is not a Judge, we have proof of service
• Answer - Photo1 Photo2 Agent for service
• Example - Kelli states she is a fellow Re/Max agent
• Answer - She has never sold a property other than her own - " No, never" (that is not a real estate agent!)
• Example - Kelli states in her recent email: "this should have stayed between companies"
• Answer - It was between companies until they stated to us they were not responsible for the agents (independent contractor's) actions.
• Example - Kelli states in her recent email: "I did not do this to you; Mr. Minor did"
• Answer - (I will post the first email I sent her in 2003 - she chose not to release the trademark)
• Example - Perjury motion we had to file (this was continuous for 5 years - false, fake, misleading statements)
• Answer - Perjury motion
• Example - Just look at the long term history of the company
• Answer - Fraud and kickback documents

This could not be more simple - you folks are in the real estate business; just because someone tells you they are telling you the truth - does not mean they are telling you the truth. Fact check everything! Do not take one statement from these people as fact - do your research and fact check everything. That is what court is all about - facts.

We have not done anything except protect the company's trademark. We have simply protected the trademark - the exact same thing REMAX has done time after time in court. 100s if not 1000s of times REMAX has sued for protection of their trademark and the mark has NOT even been similar let alone identical.

See the ReHava v. Re/max article

http://www.vegastrademarkattorney.com/2009/07/remax-files-cybersquatting-against-las.html

http://denver.bizjournals.com/denver/stories/2009/10/05/daily85.html

NOTE that Re/Max ALL CITIES REALTY and ALL CITIES REALTY are virtually identical and we have more than ample evidence of confusion because of the almost identical trade names.

Its sad that people like this can purposely hurt the Re/Max brand so much... I guess one rogue franchisee could do that to any company. Re/max itself is a good company and they put out a very informative trademark manual for their franchisees and for their agents - if Kelli or her associates had read the trademark manual this most likely would not have happened. You can give them the manual... but you can't force them to read it, or follow it.

I would suggest ALL AGENTS read Re/Max's own trademark manual. It will keep you out of trouble.

I am now on blog holiday.

CLICK HERE TO VIEW AND SUBSCRIBE TO NEWSLETTER / ANNOUNCEMENTS

Comment added February 20, 2010

Photo of service of 800+/- services to Re/Max All Cities Realty. Photo1 Photo2 Agent for service Note that the other services of process were made by other means. The list of agents served is correct and all agents on this list were properly served. See photos. We have proofs of service for each and every person on the agents served list whether management wants to accurately communicate this to you or not. After all for the past FOUR years management also communicated and guaranteed to you that you were indemnified.

Gina Smearer [in house paralegal assistant to Dale Eleniak and Holly Thomas] accepted ALL services. Photo of boxes of complaints served upon agents at Re/Max main office. Photo of process server taking boxes into Re/Max.

Its helpful to have photos of everything today to make a point and to prove what you say is the truth. Words are simply words without proof. We have proof. Please read the blog below for the issues. Please understand we are NOT flapping our lips in the wind... we have proof of every word we state. Don't you just hate people who can't tell the truth? Boxes full of summons and complaints were served properly - not 12.

Again, thank you for those who have contacted us and wish to resolve this issue. To the others please look at our proof and then decide. We told you this would happen way back in 2006.

I have decided to take blog holiday. Re/Max Marquee Partners is in bankruptcy. The assets will either be sold in chapter 11 or the company  will be liquidated in chapter 7. We have not fabricated any stories on the blog... simply the truth. No sense in bantering with people who don't tell the truth and will make up any story to try to make their agents like them. Take the service of process for example... photos and 800 envelopes going into Re/Max tell the story... people can make up any story they wish to try and change people's opinion.

We base our statements on fact (and photos). We have all Kelli's emails, letters, etc... filled with unsubstantiated statements (you want to believe) to make you feel better and keep you confused.

Take a look at the bankruptcy filing - Take a good look - common sense will tell you we did not bankrupt the company! That is just a PARTIAL debt list - wait till the whole thing comes out! The management bankrupted the company (long ago). But if they want to blame it on us... ok.

If you wish more information you will need to join the newsletters.

CLICK HERE TO VIEW AND SUBSCRIBE TO NEWSLETTER / ANNOUNCEMENTS

Comment added February 18-19, 2010

We wish to thank those of you who have quickly reached out to us and would like to put this behind you. While we will be continuing our efforts towards litigation, and the bankruptcy of RMP is just another speed bump, we had hoped this would end years ago by simply complying with our demands way back in 2003. [any logical, ethical, and moral person would have immediately acknowledged the issues]

If you too would like to put this in the past please email us or subscribe to one of newsletter announcement lists regarding our upcoming formal settlement proposal.

Formal settlement to be offered soon - please read and pass information on to your associate agents.

Subscribe to our two newsletters. We will be offering updated information on the trials and settlement information.

CLICK HERE TO VIEW AND SUBSCRIBE TO NEWSLETTER / ANNOUNCEMENTS

If you wish to contact us (not rant) regarding our forth coming offer to settle please send an email to: settle@remaxlawsuits.com

Without warning to current and former agents Re/Max Marquee Partners, Inc. went BANKRUPT. The assets are being sold. The company is history and will vanish. Indemnification previously offered by Kelli Todd and the company is worthless (we told you this a long time ago). Its our understanding you have no attorney representing you.

Kelli Todd blames everyone but herself in the letters to the agents. In her own words she says she had bad advice. She also gave you bad advice. Deciphering that statement she admits guilt as to the infringement because of that bad advice. I didn't have an attorney and I did not need any advice to know the law - that is part of the job as the CEO, you must wear many hats. Read the letters put out by RMP.

An analogy is simple. Kelli Todd tells you to get into your car and follow her. Kelli Todd then starts going 85 mph on the freeway. A highway patrol pulls you both over and cites you both for speeding. You tell the officer "I was just following Kelli, she said it was OK to go 85", the officer then gives you your $1000 speeding ticket. You go to court and tell the Judge, "Kelli told me it was ok"; the judge issues the $1000 fine.

Rather than fixing the problem and settling Holly Thomas is suggesting 'clever' methods to prolong the end result; a guilty verdict. Kelli and Holly put you where you are today. Think about that.

What Holly Thomas fails to tell you is that 800+ summons and complaints were delivered and ACCEPTED by Gina Smearer at the main offices of the company (did they tell you?). You, the agents, have been properly served and we have the paperwork to prove it. If they did not tell you - their actions were highly unethical and possibly you should contact the California State Bar to file a attorney complaint if the RMP legal department held back the paperwork after we served you - possibly that attorney who did that has some responsibility. If you would like a photo of the 800+ summons being wheeled into the main offices we can provide that to you as proof as well as the proofs of service filed by the process server. Please call the legal department and ask for a detailed written explanation as to why they would not deliver your summons and compliant. You might want to contact the State Bar on the legal advice you have received regarding the worthless indemnifications that were pushed on you - its my opinion the person who convinced you to take those indemnification agreements was not acting in your best interest - they were acting in Kelli Todd's and Re/Max Marquee Partners' best interest. This was a conflict of interest. This is just my opinion and I am not a lawyer.

We disagree with many "suggestions" you have received from your management. It is our opinion your management team has been HIGHLY UNETHICAL during this entire situation. If you read the bankruptcy filing the company debts are astronomical (our debt is not even listed) - it was not our lawsuit that made this company fail - it was the POOR MANAGEMENT AND BAD DECISIONS. Read the bankruptcy filing - this company owes millions and millions and millions of dollars - so much money I had to gasp for air.

This does not change the Trademark infringement. Trademark infringement continues to exist today and is spread over the Internet. The corporate Infringement dates vary. Re/Max Marquee Partners, Inc. (formally Re/Max All Cities Realty) infringed on our mark from August 2002 to approximately December 2007, The Commbroker site I believe was longer. We will name every agent who was a party to the infringement when the case re-opens.

In the meantime we will be offering a settlement to all agents. The cost of settlement will be far less than the typical retainer cost of most attorneys and if you choose to settle the entire situation will be behind you. Kelli Todd suggests that this lawsuit bankrupted her. I would hope you won't follow her direction any longer; she has led you down the garden path then over a cliff.

Its our understanding that you may be dismissed during the stay. Note - all Trademark claims are alleged claims.

I apologize for this organization giving you such bad and misleading information.

Follow Re/Max Marquee Partners Bankruptcy

(if it interests you - we are not affiliated with this site)

Comment added February 16-17, 2010

(my reaction to the recent letters sent to the agents from Holly Thomas and Kelli Todd stating bankruptcy is being filed)

I am sorry Ms. Todd and Ms. Thomas but I disagree with your statements of 'fact'. Even in bankruptcy you can still afford gas for your BS propaganda machine - you folks just can't tell the truth even on your Corporate death bed.

Here is just one example of YOUR many requests for trial and other related lawsuit continuances. Although your expert knew and was well advised of the trial date for months prior to trial she somehow could not make the date [note the she was not sick, she just could not make it]. Federal Judges do not generally continue a trial for weeks. When you ask for a week... you get 6 months. Download Defendants' request for continuance by David Sandelands. If the agents want to view all YOUR requested continuances they will need to view the court files.... but there are plenty by your side. Don't blame us for any of this.

While you state in your letters to the agents there has been no confusion... We have scores of phone calls and OVER 2000 emails sent to us in error. There is plenty of actual confusion and you knew it.

Additionally, months ago, we had been notified Re/Max Marquee Partners was going to claim bankruptcy before trial... so from our perspective your comments and excuses are all show. Your side had planned bankruptcy all along.

Let's face the facts... the letters put our by Re/Max Marquee Partners are pure propaganda with little fact and lots of puff. These letters simply tell the agents what you would like them to believe; NOT THE FACTS or the TRUTH.

EVERYTHING is truthful in this blog - apparently one DATE that I posted a comment is the only example Holly Thomas can give as an example of my "untruths" (sometimes it just easier to put additional thoughts regarding a subject under the same date).

That has been the problem all along. I have been telling your agents the truth from day one of this website. While I am not going to continue to argue your untruths here (I don't have 40 hours to list them all)... the facts are not as you state - you both know it, I know it, and the court will know it and the jury will get it. And when we are done... all the agents will know it too. Your version of the "facts" are just pure propaganda, completely untrue; simply said - a story a defense attorney would make up.

The facts are these

• I obtained the name ALL CITIES REALTY in the mid 1990s
• I purchased the domain name and trademarked the name (because its a great name and I could)
• I did EXACTLY what a business owner is legally supposed to do to protect my business
• My company was at a point we could significantly expand - we were #1 on the net for many searches
• Kelli Todd decided to take the name even though they knew [in advance] it was taken
• I emailed Kelli and others there shortly after she took the name - telling her it was trademarked (2003)
• I then sent a cease and desist letter from my attorney (now a superior court judge)
• I then sent a second cease and desist letter from a second attorney
• I asked that Kelli Todd simply give up name - I did NOT ask for a single dollar - NOT ONE DOLLAR!
• Kelli refused to give up the name starting with my companies many requests as far back as 2003
• Then with the agents help everyone proceeded to place more than 20,000 pages on the Internet using All Cities Realty
• The result of all the pages, the personal websites, the search engine ranking and links completely devastated ACR
• The facts are we do business in Los Angeles and Re/Max does business in Orange County - I have brokers in Los Angeles
• I had lots and lots of money ready to expand my business model, but then was forced to stop and spend money on a lawsuit
• Re/Max and the Agents' continued use of the ALL CITIES REALTY name destroyed our business
• Kelli then spent $1,000,000 with her lawyer (huge waste of money - instead of settling for much less and simply changing the name)
• Then, on advice of her lawyer, Kelli finally changed the name anyway! (why - if she was not doing anything wrong?)
• She ran her own (Dad's) company smack into the ground over the name
• CEOs are suppose to overrule the attorney - they are to use their own good judgment (and experience)
• She wanted the names so bad she not only took All Cities Realty, she also took All Cities Escrow
• Kelli Todd, if you notice, STILL does not take responsibility for anything! It was everyone else's fault!
• Please read between the lines of Kelli Todd's and Holly's letters. Her letters are simply garbage propaganda
• I chose a great name and had a great business model
• Kelli Todd wanted the name, hijacked it and after years of a foolish costly battle - finally lost - its just that simple

---- Other LAWSUIT FACTS

• Kelli Todd and her associates received both emails and two cease and desist letters starting in 2003!
• We showed her that we had a FEDERAL TRADMARK... she continued to seize the name
• Dr. Stockwell our expert UCLA Linguist now has Parkinson's disease and can no longer testify
• (Dr. Stockwell got sick, Kelli went bankrupt in the same amount of time - things happen)
• The lawsuit was continued SEVERAL TIMES by her own attorney! Why does she not mention that?
• Her attorney has ABANDONED the Commbroker case and the agents - she fails to mention that too!
• Kelli Todd originally DISCLAIMED responsibility for her own agents - this is why they were sued - she missed that one too!
• Kelli and Holly write letters full of mis-statements and un-truths to appease you... not to get you any factual information
• Kelli's OWN REMAX TRADEMARK MANUAL tells everyone to conduct a TRADEMARK SEARCH before you choose a trade name!
• (Kelli is RUNNING the business... its not Remax's job to advise Kelli on the "basics" of business operation (trade names)
• (she seems to leave out many of the important facts as CEO while running one of the world's largest Re/Max franchises)

---- Other KELLI FACTS

        "Kelli has put everything she owns back into RMP"  > DON'T BELIEVE THIS!

• This is the "I don't have anything left, please don't sue me paragraph.
• Notice she is NOT filing personal bankruptcy!!! If she has nothing and deep in personal debt - why not?
• What about ALL CITIES ESCROW? Who owns that?
• Does she own any part of any company in Canada with or without Lorne Wallace?
• How about any other corporations she owns; in California, in the US, in CANADA?
• Kelli just deeded 1/2 the house her and her dad owned Playa Del Rey - back to him! ($1,000,000?)
• What happened to the $1,000,000+ house in Lake Arrowhead and that money?
• How about the "sale" of the Lake Arrowhead offices... that is an interesting sale
• What about the money from the sale of the $1,000,000+ Palm Desert house?
• Where is all Kelli's money... we are guessing there is more... much more.

---- Moral TO THIS STORY

• What is the moral to this story?
• Before you take something from someone, you better know who they are; they might go to battle
• Before you engage in battle, you better know your opponent - "art of war"
• When you do something wrong - just admit it, fix it quickly, get it over with, and move on with your life
• Lawsuits and attorneys are a big waste of time and huge waste of money. Its all negative energy - even if you win.
• *These are my personal opinions and my version of the facts - we do have evidence to back up what we write.

Comment added February 13, 2010

Comment added January 27 and February 10, 2010

You better call a lawyer TODAY! That is my opinion... its always good to consult a lawyer.

No... we immediately file against the 1700 agents!

Here is David Sandelands withdrawal declaration (4.5 meg. 171 pages) - apparently he NEVER even talks directly to the people he was representing - and does NOT even know where all his clients are living!!! Now that is funny...!

( if it were me I would be talking directly to the lawyer who my boss claimed was representing me! )

Our research, and recent phone calls, shows that many of the agents have been led astray by Re/Max Marquee Partners' in-house propaganda super BS machine. Look at the history of these people before you fall for the "story" they will tell you (do you think 'her' lawyer is going to tell you the truth) be serious.... There is no requirement for any lawyer to tell the truth.. especially a defense lawyer. Its a defense lawyer's job to "make up a good story" that sounds good and to get the defendant off. Remember that line... "if the glove don't fit you must acquit". Don't listen to the BS machine.. do your own research and read the lawsuit.

Before you pass judgment on this case be sure you know the truth - not propaganda. When we get this to court all that propaganda that you were told won't be worth 2 cents. Anyone who is affected here should look into the "real" reason this attorney is bailing out before trial... see below and download the "I need to get out of this lawsuit" document.

Do you believe that you have a lawyer representing you the 1700 agent lawsuit? In the Hollymax / Commbroker lawsuit?

Do YOU personally have in your possession a legal binding signed contract with your name on it on paper in YOUR HAND from a law firm that is representing you? Does it state that Kelli Todd is going to pay your legal bill - whatever the cost?

Let me answer for you... No you do not!!! Repeat to this.... I do not have a contract in my hand FROM A LAW FIRM that states Kelli Todd will defend me [indemnify me] and pay for my legal bills for the Trademark Trial[s].

Repeat this too... I do not have a contract in my and with my name on it that Kelli Todd will pay all the damages [money] that will need to be paid when [if] we are found guilty of Federal Trademark infringement.

If you don't have a multi page CONTRACT WITH YOUR NAME identified in the contract FROM A "REAL" LAW FIRM (not the in-house attorney) stating that Kelli Todd is paying for your $100,000 legal defense from a law firm with your name on it and and Kelli Todd's signature at the bottom stating she "PERSONALLY GUARANTEES PAYMENT" and when and if she moves to CANADA you can still collect... let me tell you - you have nothing...

Time to ask Kelli for YOUR contract from a LAW FIRM before something un-thinkable happens.... maybe you should demand it since all of you signed those worthless indemnification agreements.

Comment added January 25, 2010

Comment added January 22, 2010

Hollymax / Commbroker lawsuit news

Federal Judge Stotler rules on Hollymax motion to dismiss... sorry Remax you lose... so far everyone listed below is in for the trial.

(wouldn't you know it.. Kelly Todd gets her Alter Ego claim dismissed... somehow we will re-file)

So far everyone listed below is in for the trial.

Download and read this document... Judge Stotler's ruling on motion to dismiss. It does not get more clear than this. Regarding - HOLLYMAX REALTY, INC., a California corporation, COMMBROKER, INC. a California corporation; KENNETH G. DAVIS, FARZAD ANDY DORRANI, ALLEN JACKSON, ARIANNE KAYS, JEANETTTE GURZA-JUNCO, (JULIA) JIAO HONG KULECK, ROB O’SULLIVAN, SHANNAN O’SULLIVAN, COLETTE STEVENS, SUSAN WILLIAMS, OMID BENJAMIN ARASTEH, GLEN BEER, MAURICE BENITAH, NINA DHILLON, MATTHEW FREEDMAN, JACK KHALILI, JIHAN KIM, ROBERT MELAMED, GINA SAEIDIAN, SIMON SHAHERI, BYRON RIFE, JR., DALE A. ELENIAK

Big big big big big news coming soon.... stay tuned!

Comment added January 20, 2010

Re/Max Marquee Partners Trial continued... sometime later this year.

Agent count - 1/20/2010 - up to 171... one agent gained!

Comment added January 10, 2010

Agent count - 1/10/2010 - down to 170... more agents leaving.

1700 Real estate agents named in State Lawsuit - State lawsuit to follow

HISTORY MAKING!!! REMAX MARQUEE PARTNERS LOS ANGELES REAL ESTATE TRADEMARK TRIAL IN FEBRUARY 2010!

*IMPORTANT NOTE - I AM NOT AN ATTORNEY. CONSULT YOUR ATTORNEY REGARDING THESE ISSUES AND HOW THEY COULD AFFECT YOU AND YOUR PENDING COMMISSIONS IF REMAX MARQUEE PARTNERS FILES BANKRUPTCY BEFORE OR AFTER TRIAL. I WAS TOLD THIS IS KELLI TODD'S TRIAL STRATEGY - TO FILE BANKRUPTCY... SHE STARTED WITH COMMBROKER AND SIMPLY MOVED HER AGENTS TO REMAX MARQUEE PARTNERS.

Comment added January 1, 2010

Agent count - 1/1/2010 - down to 171... more agents leaving.

HISTORY MAKING!!! REMAX MARQUEE PARTNERS LOS ANGELES REAL ESTATE TRADEMARK TRIAL IN FEBRUARY 2010!

BIG NEWS! Commbroker (sub-company of Remax Marquee Partners) BANKRUPTCY continues...

Remax's bankruptcy trustee claims all commissions in pipeline belong to bankruptcy estate per Remax Independent Contractor agreement!*

   TIME TO READ YOUR REMAX INDEPENDENT CONTRACTOR AGREEMENT!  
   WHO'S MONEY IS IT......  WHEN A BANKRUPTCY IS FILED?    
   ITS THE BROKER'S MONEY BEFORE ITS THE AGENT'S!  

Check with your former associates Kaye, Kahn, and Steve Saltzman... $400,000 setting in an escrow account they can't touch...

READ HERE Trustee complaint filed to get $400,000 in commissions READ Trustee document

Comment added November 25, 2009

Download and read this document... Our reply to their motion to dismiss. It does not get more clear than this. Regarding - HOLLYMAX REALTY, INC., a California corporation, COMMBROKER, INC. a California corporation; KENNETH G. DAVIS, FARZAD ANDY DORRANI, ALLEN JACKSON, ARIANNE KAYS, JEANETTTE GURZA-JUNCO, (JULIA) JIAO HONG KULECK, ROB O’SULLIVAN, SHANNAN O’SULLIVAN, COLETTE STEVENS, SUSAN WILLIAMS, OMID BENJAMIN ARASTEH, GLEN BEER, MAURICE BENITAH, NINA DHILLON, MATTHEW FREEDMAN, JACK KHALILI, JIHAN KIM, ROBERT MELAMED, GINA SAEIDIAN, SIMON SHAHERI, BYRON RIFE, JR., DALE A. ELENIAK, KELLI TODD-AMUNDSON aka KELLI TODD

These are generally the same reasons the 1700 agents in the California State lawsuit are guilty. (alleged guilty at this point but we are getting closer...)

Comment added November 2, 2009

Agent count - 11/2/2009 - down to 175... more agents leaving. Total 231 including associated brokers (estimated)
(No longer the largest Re/Max in Southern California) from 700 agents/brokers down to 231 agents/brokers...

Why do you think so many people left this company?

We have had many requests for this complaint so we are making it easier to find.

Download> 2008 Second amended Hollymax Federal Complaint against - HOLLYMAX REALTY, INC

Check on the legal complains page to download the State 1700 agent complaint.
Please don't call us to request a copy of this lawsuit, download the legal complaint from the page below. If you worked for this Remax at the time of infringement your name will be on the list. Please contact your lawyer if you would like more information, or contact www.realestatelosangeles.com and ask them for more information.

CLICK HERE FOR LIST OF LAWSUITS AND DOWNLOADS

DRE RECORD CHECK

We have re-filed the Hollymax / Commbroker complaint and clarified some of the legal issues. I believe this version is much clearer now why the alleged are guilty of what we allege in the lawsuits. Good reading about the scheme that went on. More information about the roles of Kelli Todd (Kelli Amundson), Dale Eleniak, Esq. (the attorney), and Byron Rife.

If this concerns you, you should download it and read it. These lawsuits are far from over. Download> 2008 Second amended Hollymax Federal Complaint against - HOLLYMAX REALTY, INC., a California corporation, COMMBROKER, INC. a California corporation; KENNETH G. DAVIS, FARZAD ANDY DORRANI, ALLEN JACKSON, ARIANNE KAYS, JEANETTTE GURZA-JUNCO, (JULIA) JIAO HONG KULECK, ROB O’SULLIVAN, SHANNAN O’SULLIVAN, COLETTE STEVENS, SUSAN WILLIAMS, OMID BENJAMIN ARASTEH, GLEN BEER, MAURICE BENITAH, NINA DHILLON, MATTHEW FREEDMAN, JACK KHALILI, JIHAN KIM, ROBERT MELAMED, GINA SAEIDIAN, SIMON SHAHERI, BYRON RIFE, JR., DALE A. ELENIAK, KELLI TODD-AMUNDSON aka KELLI TODD

Comment added October 21, 2009

Interesting news! Our lawsuit against Hollymax, Byron Rife, Dale Eleinak, Kelli Todd and the other 20 or so agents was DISMISSED! Well not so fast... Judge Stotler did dismiss the lawsuit for various minor issues but we are hard at work and will be re-filing in just a few days with clarification. So its a short term win for the the other side... we will re-file in just a few days and let you read it when we do.

Comment added October 20, 2009

Agent count - 10/20/2009 - down to 178... total 235 including associated brokers (estimated) more abandoning ship...

Commbroker bankruptcy continues to grind.... still no attorney from Remax Marquee Partners or Commbroker defending them: Eliott Kahn or Stephen Saltzman - to help them retain their commissions...

Comment added September 20, 2009

Agents don't even have remax appointed attorneys to defend them while they are losing their commissions!

What is really interesting to me is that Kelli does not seem to be defending her agents that are getting their money taken by the bankruptcy trustee. I don't see where she has hired lawyers to defend these agents so they can keep their due commissions. She files bankruptcy and the agents lose their commissions...? I am sure Steve Saltzman was depending on his commission from the sale is this big property. Sad that Kelli files bankruptcy for the Commbroker company (who everyone thought was just part of her bigger company) then moves the agents over to her other company (formally named Re/Max All Cities Realty) and she does not defend the agents who are losing their HUGE commissions. $100s of thousands of dollars I might add... all related to her own pre-meditated bankruptcy filing which she told us she would do..... (from my perspective.. if she anticipated filing bankruptcy, she should have told her agents to get their deals closed and collect their money so they would not lose their comissions!)

I am sure in this market these agents can't afford an attorney to try and get their commissions... another sad blow for the agents there! I guess we will wait and see what happens as the Remax bankruptcy continues.

Stephen Saltzman Date Issued 8/25/2009

Notice of Continued Status Conference with proof of service Filed by Trustee Edward M Wolkowitz (RE: related document(s) 10 Alias Summons Issued on 6767 Sunset Plaza, LLC Date Issued 8/25/2009, Answer Due 9/24/2009; Reeve Benaron Date Issued 8/25/2009, Answer Due 9/24/2009; First American Title Insurance Company Date Issued 8/25/2009, Answer Due 9/24/2009; Eliott Kahn Date Issued 8/25/2009, Answer Due 9/24/2009; Linda Kaye Date Issued 8/25/2009, Answer Due 9/24/2009; Stephen Saltzman Date Issued 8/25/2009, Answer Due 9/24/2009; Stafford Commercial Real Estate, Inc. A California Corporation Date Issued 8/25/2009, Answer Due 9/24/2009). (Royzman, Natella) (Entered: 08/28/2009)

Comment added September 3, 2009

Agent count - 9/3/2009 - down to 181... total 237 including associated brokers (estimated) more abandoning ship...

Trustee continues lawsuit to seize about $300,000 in agent's commissions... Judge approves trustee's appointed accountant.

Comment added August 10, 2009

Agent count - 8/10/2009 - down to 181... total 240 including associated brokers (estimated) - I think this may be 1995 levels for this company!

Wrong info here: http://realestatecareersla.com/about.asp and many other places on the Internet. Always significantly overstated.

SCARY! - NEW DEVELOPMENT - Apparently Bankruptcy Trustee does not trust the Commbroker accounting, and taxes have not been filed. Trustee has put in a request now to hire its own forensic account firm to go over the Commbroker accounting. Looks like this simple bankruptcy is not going to be so simple. See below... Trustee still going after agents' commissions. Getting interesting.

The three ALL CITIES REALTY® lawsuits linger... now continued until at least 2010 because of Kelli's attorney's court filing.

Comment added July 10, 2009

Agent count - 7/10/2009 - down to 184!!!

SCARY! - HUGE $300,000 DEVELOPMENT in the Commbroker bankruptcy case! The Bankruptcy Trustee seems to think that any commissions that are due the company, in this case Re/Max Commercial Brokerage (or 90 days prior to filing bankruptcy), BELONG TO THE BANKRUPTCY DEBTORS ESTATE! At least that is how I interpret the complaint that was filed. Download Here

What does this mean? This means, and its logical, that the Company (broker) is entitled to all commissions that are incoming. First the commission goes to the Broker who then pays the agents or associated broker per their contract. The Trustee alleges that if the Company (Broker) files for bankruptcy, as in this case, the bankruptcy estate is entitled to all that money from incoming commissions and the agents are simply "unsecured creditors". This seems correct and I am sure the Bankruptcy Trustee's attorney knows his stuff as they are one of the biggest firms in LA... 

What does this mean to real estate agents? This means, at least it means to me, that if you have a commission in the pipeline that closes 90 days prior to, or following a real estate companies bankruptcy filing, that you may be left high and dry and your commission will just become part of the Company's funds in bankruptcy. You will become a simple creditor and get your itty bitty share of whatever is left after the bankruptcy dust settles... its the Bankruptcy Trustee's job to get as much money into the estate and to pay the creditors as possible. If you are an agent you work for the broker. its the broker who gets the commission and in turn is obligated by contract to give you a percentage. However, if someone like the IRS, FTB, Bankruptcy Trustee grabs that commission while its in the brokers bank account, it still, at that time, belongs to the broker. The only thing an agent can do is sue the broker for the money or wait to get some of the money when the Bankruptcy estate is split up.

You will need to talk to an attorney to get a better perspective of this. Don't depend on my analysis here, I just read the Bankruptcy Trustee's Attorney's complaint - you should contact your personal attorney for a thorough review of what could happen when a company files for bankruptcy. It makes sense to me, but I'm am not an attorney.

Example: Say you have been working on a deal for 6 months. It finally goes into a 60 day escrow, your broker then files bankruptcy: if your deal closes after that, while the broker is in bankruptcy, apparently your anticipated commission is still the property of the broker and part of the bankruptcy estate. Whoa! That could certainly lead to some sleepless nights!

I'm am sure there are a few former Re/Max Commercial Brokerage agents who are not too happy to hear this news!

This may just be the first of many filings like this to come...

Download the Bankruptcy Trustee's Complaint here - SCARY... but good stuff to know so you don't get caught in a mess like this when commissions are few...

More agents willing to testify... I guess time is a good thing as relationships change.

Comment added July 1, 2009

Agent count - 7/1/2009 - down to 187!!!

We are now preparing for the trial in September! Woohoo... It will be good to get this over with (or at least the first part of this process). Its obvious that our legal system is broke to have to wait to get justice this long. Its extremely difficult on a small company under these circumstances. You are almost being punished just for filing a lawsuit with the costs, the attorney fees, the years of waiting, its a nightmare. This is how society has determined we settle our differences today; it is what it is.

The good news is that we have many many people who have called us to give us more information lately. We are also watching the Commbroker bankruptcy closely... if appears that Kelli Todd can't get her Commbroker documents in to the US Trustee... at least that is what it looks like to us. The Trustee has been waiting for her books for months! its easy to state how much you made or lost, but when someone wants to examine your books... that is when the truth comes out - LINE BY LINE. Still waiting for those books and records...

Closing offices, spinning off offices...

Comment added June 1, 2009

Trial in September!!! Then we move on to the 1700 Re/Max agents named in the California State lawsuit.

Closing offices, spinning off offices... wow had 15 offices... now down to 5 offices. 700 agents/brokers to less than 250.

Commbroker Inc. bankruptcy should get really interesting soon! We're watching closely.

Comment added April 1, 2009

Amazing losses! On March 25th Re/Max Marquee Partners, Inc. showed 225 agents on the DRE website... today its 205... this Re/Max has lost 20 real estate agents is just this last 7 days! We've been counting on our fingers... it looks like this company has lost about 400 agents (and brokers) since their high of about 688+/- ... down to 288+/- .... that is staggering! Pretty soon they will have just one office ...because that's all they'll need.

Comment added March 28, 2009

This new Remax trademark lawsuit will give you some insight as to why our lawsuit is a slam dunk. Remax has filed a lawsuit against some small real estate brokerage back east. You have got to take a look at this! Remax apparently believes there is a confusing similarity in these two logos... look for yourself :) - its really a laugh out loud moment.

http://www.charleston.net/news/2009/mar/07/its_big_guy_vs_little_guy74198/

more...

http://www.bizzia.com/brandcurve/remax-backs-off-on-rehava-trademark-suit/

What this does show you is just how far Remax will go to protect their own Trademark. The same reason why we are protecting ours.

Comment added March 24, 2009

Now we are dealing with the BANKRUPTCY of Re/Max Marquee Partners' wholly owned subsidiary Commbroker, Inc. who did business under the name Re/Max Commercial Brokerage. Its just amazing what comes out... When the Commbroker offices were closed Kelli Todd was selling off office furniture for pennies to her boyfriend Lorne Wallace at Lone Wolf Real Estate Technologies and also to her employees; then she claimed bankruptcy! Interesting way to do business... you don't pay your creditors and behind their back you sell your office furniture to your boyfriend and your employees for pennies! Apparently no appraisal was done on anything that was sold and prices like 20 bucks were put on some things... like the things sold to Lorne. The trustee asked her specifically about appraisals of the merchandise before sale - she had none. So... no one has an idea what the stuff was honestly worth or even an honest accounting of what was really there. Apparently Ms. Todd left some important things out when she filed the bankruptcy petition - the trustee has asked her to amend it and correct it. Truthfully, no one could write a story like this.

MORE LAWSUITS

More 'alleged' 'fraud comes to light.... some old woman gets bilked out of OVER THREE MILLION DOLLARS in CASH by one of Commbroker's agents and the supervising broker apparently was not watching! With all these lawsuits I would have to think about ever trusting anyone at this company (this is a good lesson - don't trust anyone at face value).... simply amazing! Download and read these amazing lawsuits... the RESVINI lawsuit is a good one! Of course companies as well as people are innocent until proven guilty. These are things a typical consumer would NEVER know or be made aware of... just think THREE MILLION DOLLARS LOST!

Commbroker, Inc. Bankruptcy filing part 1, Commbroker, Inc. Bankruptcy filing part 2

RESVINI lawsuit, FISCHER lawsuit

Comment added March 13 (FRIDAY), 2009

Every warrior should be familiar with The Art of War (Chinese: 孫子兵法; pinyin: Sūn Zǐ Bīng Fǎ) is a Chinese military treatise that was written during the 6th century BC by Sun Tzu. Composed of 13 chapters, each of which is devoted to one aspect of warfare, it has long been praised as the definitive work on military strategies and tactics of its time. Before you invade someone's space you need to know your enemy... The Art of War is one of the oldest and most successful books on military strategy in the world.

Now that Kelli Todd is filing bankruptcy on her companies like Commbroker it will be the agents who are again left holding the bag... because it appears they will be responsible for the trademark violations when the dust settles....

It appears that the Hollymax/Commbroker Action will be consolidated now with our original action. It appears that Judge Stotler wants to hear both cases together... and to that we say YAHOOOOOOOOOO!!! The sooner the better!

The following people (except for Commbroker, Inc.) will be most likely be consolidated into the first lawsuit. At this time the trial date is September 15, 2009. This makes the stakes much higher for Kelli and all the agents listed below - their trial will come much sooner than expected - and who knows if Kelli, the way things are going, will have any money to defend them or to pay a judgment . (Kelli Todd personally won't be a part of the trial - there has been no court decision on her Alter Ego liabilities yet.. she will only be there as an officer of the corporations)

Comment added February 24, 2009

Isn't FREE SPEECH a great thing! The Internet and blogging has exposed so many things that used to happen behind closed doors that you would never be privy to... as long as people are honest in their blogging its a useful source of information. Before 1995 I could have never been able to get my side of the story out to whoever wanted to read it. Free Speech is truly one of our greatest assets here in the USA!

This lawsuit carnival never ceases to amuse...

During the hearing in 2006 to stay the State Court lawsuit until the Federal lawsuit was completed.... David Sandelands, Kelli Todd's own Remax attorney, got up to argue his point in front of the State Count judge... While trying to make his point to the judge to stay the case he said, to my recollection, these words... "Your Honor, if CF [Remax] is found guilty [in the federal case] then they [the 1695 agents] are all guilty." This was the BIG point to the judge telling him that he needs to let the federal case go first, and stay the State lawsuit. I was there in the courtroom and this was my big AH HA! Their own attorney says if Remax is guilty then they are all guilty... that was a BINGO for me and I remember that moment well!

Amazing! Now their attorney, the same David Sandelands, is coming to the Judge in the Federal lawsuit that goes to trial on March 17th... and he is telling the Judge I [ME] mis-stated the law on my website when HE is the one who made the statement first! And that is where I got it from! It was he who made the statement; not me!!! Totally Amazing!

Mr. Sandelands (Remax's magic motion machine) is papering the court with motion after motion after motion trying to sway the Judge to let him do things and add witnesses and add evidence at the last minute that he had years to add.... either this guy is a great lawyer or a bad lawyer I don't know which. The way he can twist just about everything put in front of him is most fascinating to me, not a lot of people are so capable of this. In the end though... the truth is the truth and when you have documents to back up what you say, court transcripts, photos, emails, and all ingredients that go into a winning case...  the case should be a winner.

Finally we will all get our day in court and that is what our system of justice is all about.

Comment added February 10, 2009

Things are HEATING up!

These documents are a great read if you really want to know who you are working for, or used to work for. We have evidence and documentation to PROVE everything we say in these documents. There is NO magic here.... just the truth.

Basically David Sandelands (the Re/Max attorney motion machine) has sent a motion to the court to have the case terminated and that I pay all Re/Max's attorney fees.... funny though, according to the cases he cites in his motion, EVERYTHING he falsely accuses me of doing: THEY HAVE REALLY DONE! It's nothing more than the murder's attorney blaming the victim and attempting to turn black to white.

Main rebuttal of their motion / My attorney's declaration / My attorney's exhibits

The ONLY way you will know the truth of this ordeal is to consider the evidence.

GOOD READ - A brief history and hard copy exhibits of the truth
My 30 page declaration regarding the issues and the people I am battling
My rebuttal declaration regarding more issues - more good info 2-18-09

The Remax attorney constantly and consistently attempts to twist everything that is said. Its exhausting just reading his filings let alone refuting his baseless claims on paper... it can be midnight and he'll claim its daylight... turning black to white.

The declaration is basically the story of all this, and the truth about the foe that I am fighting. This document reads like a soap opera with bankruptcies, convictions, license revocations and all the issues that surround this simple trademark issue.

Doc 2:    Hard Copy Exhibits of everything in the motion - 2
Doc 3:    Hard Copy Exhibits of everything in the motion - 3
Doc 4:    Hard Copy Exhibits of everything in the motion - 4
Doc 4:    Hard Copy Exhibits of everything in the motion - 5
Doc 6:    Hard Copy Exhibits of everything in the motion - 6
Doc 7:    Hard Copy Exhibits of everything in the motion - 7
Doc 8:    Hard Copy Exhibits of everything in the motion - 8
Doc 9:    Hard Copy Exhibits of everything in the motion - 9
Doc 10:  Hard Copy Exhibits of everything in the motion - 10

Exhibit C - summons - where they sued me (and my wife) and dropped the case in two weeks...

Exhibits will be added as they are quite long and big downloads. We can assure you we have exhibits for all that is stated in the declarations above. This is not finger pointing, the circumstances are true that we point out with hard copy evidence to back it all up.

Remember when you were a kid? Have you been in an argument with some bully who calls you names and flicks boogers at you? When you get tired of them and come after them they scream at the top of their lungs with their arms flailing, start crying, and run as fast as they can to the teacher. Then they tell the teacher it was YOU who flicked boogers at them and was YOU who called them names? Welcome to the Remax Lawsuit Circus!

The motions we are having to deal with are right out of 6th grade. They are accusing me of being a bully - kind of like the 800 pound gorilla crying about an ant in her cage...

Now we are getting closer to trial the bully is now running to the teacher.... you can read for yourself how we have responded to the court. I would have NEVER thought these things could happen in a federal lawsuit... astonishing!

These new documents get down to the nitty gritty of who what this Remax is really made of....

Comment added February 08, 2009

Comment added January 30th, 2009 - 5 minute warning!

More great news! The HOLLYMAX / COMMBROKER case was stayed again and sent to bankruptcy court. The motions to dismiss by her attorney were VACATED by the Judge... The judge apparently accepted our amended lawsuit. We are now headed for trial! The Hollymax case has been stayed and motion to dismiss has been vacated....

Notice from her attorney David Sandelands
Notice from the bankruptcy court
Bankruptcy filing part one
Bankruptcy filing part two

We noticed on these fascinating documents that she [Kelli] is selling furniture to her boyfriend [Loren at Lone Wolf] and her agents at reduced cost and then not paying her creditors, agents commissions... these are telling documents with a list of who owes who and who is not getting paid.

Comment added January 26th, 2009 - Its close to game time!

If you have not heard... the BIG BIG BIG news is Kelli Todd has dissolved her company Hollymax Realty Inc. and Kelli Todd HAS ALSO BANKRUPTED REMAX COMMERCIAL BROKERAGE!!! This is what we warned you about with those flimsy agreements she wanted you to sign letting her represent you. We predicted this. Better check with your lawyer... because it could be any day that you get a letter or email that Re/Max Marquee Partners is bankrupt too! You will be holding the bag... because no bankruptcy attorney is going to allow a company to pay for your defense!

Comment added January 16th, 2009 [Happy New Year!]

With the first trial approaching quickly in EARLY MARCH we have had many phone calls regarding the lawsuits. Trademarks are a very serious infringement - Barbie just put Bratz dolls out of business... and they don't even look alike! ...so this is something you should be concerned about.

Comment added December 23rd, 2008 [Happy Holidays!]

Comment added December 4th, 2008

Copyrights, patents and trademarks are serious business!

Barbie wins 100 million.... Bratz dolls doomed and to be taken off shelves of toy stores!

Comment added October 25th, 2008

Their desperation [at remax] is getting more obvious. Now they [Kelli Todd and her attorney] are trying to get rid of our attorney Jeffrey Sax. Must be a good sign that Jeffrey Sax is a GREAT attorney. Below is the response we had to file in reply to Re/Max Marquee Partners (Commbroker / Hollymax) dishonest motion. More good reading and true information regarding the lawsuits. [Their motion to dismiss our attorney Jeffrey Sax was denied by the court]

Added for clarification. It should be noted that that, as a result of their motion, Judge Carney apparently did get angry with me for sending out the settlement letter and trying to settle with the agents. I don't quite understand that. I do know [my opinion] that what the Defense writes to the Judge is just about anything they can fantasize about or make up with NO FACTS to back up what they say to the Judge. I really don't understand why I was admonished by the Judge. I was called by interested parties and no one that talked to me felt threatened; it was just the opposite. The law should no be so complex that one would need to spend $2,000 [with an attorney] just to send a settlement letter. Just another opinion of course...

What is litigation abuse? It appears to me [my opinion] in the definition of litigation abuse should be a BIG company who force small companies to ENDLESSLY litigate, and to spend hundreds if thousands of dollars defending a blatantly obvious federal trademark. That TOO should be included in litigation abuse.

Also, my opinion, is that ANY ATTORNEY who partakes in fabricating and delivering consistent, frivolous, wasteful, COSTLY, motions they can send to a judge [just because they can] then filing the motion EX/PARTE so its a RUSH with everyone involved, [costing everyone extra time and money] should definitely be included in litigation abuse. I am certainly under the impression that ALL court filings, attorneys names and all court information are PUBLIC INFORMATION unless made not public by the Judge.

Here I am merely blogging [personally reporting and delivering my opinions] about the news and important issues and my opinions of fighting California's largest Re/Max in lawsuits that could have been TOTALLY avoided. If Re/Max wants to put up a blog and tell their side of the story we would love to hear it!

Our response to their motion, Declaration to support motion

Comment added October 19th, 2008

AMAZING! AMAZING! AMAZING!

If you have not heard, a settlement email was sent out the other day to all agents, All Cities Realty has email address for, involved in these lawsuits . The email was 100% truthful and had to do with statements made by Kelli Todd to the court and obvious issues that are taking place right now in these cases. I simply gave the agents an opportunity to settle and be removed from the case. I really thought it was a nice gesture on my part.

Apparently Kelli Todd, based on a baseless claim of complete BS, has instructed her attorney to try and silence my "100% truthful information" to the agents and people interested in these legal actions! Or its possible her attorney XXXXXXXXXXXXXX concocted this entire legal maneuver himself! Of course this is only my opinion.

Its so sad the games these people play!

I will tell you that the email that went out to the agents the other day is truthful, accurate, and was entirely written by me - Joseph Miner, and then sent from this website by me. I take full responsibility for telling the truth, writing and sending the email to the agents; Kelli even gave me most of the email addresses. Someone has to tell the truth here... it should be noted that my attorney Jeff Sax NEVER approved the email in question, and the All Cities Realty legal team referred to is my wife and I --- because she has helped me through so much of this. We make a great TEAM!

The fact of the matter is you that can't make certain statements like this and have them go two ways at one time.... You can't be implying to me and the court that you are broke, and at the same time telling your agents that you will indemnify your agents and brokers for millions and millions of dollars! Its one or the other... do you have lots of money hidden away under your mattress, or are you broke? Nevertheless, to seriously indemnify every agent you would need $15,000,000 in the bank. I am betting Kelli Todd does not have that amount in the bank waiting to indemnify her agents.

Of course they don't want the agents to know the truth so they try to shoot the messenger... ME! There would be the surfacing of some serious concern --- as they are depending on Kelli Todd's statements as being 100% true (I believe her statements are just about 100% untrue). Some of the facts are that Commbroker has been shutdown, and Hollymax has been shutdown (all agents gone) and that Kelli has lost about 350 agents to date, and Dunn and Bradstreet keeps sending me credit alerts about her Company.

I wish the court would force the Todd Family to prove to the agents they actually have money to indemnify all the 1000+/- agents and just how much have MONEY they set aside for indemnification? If they are claiming this to the court, can't the court force her to prove what she states is true and accurate? They [The Todd Family] have already informed us and the court they have NO insurance to cover all this!!!

Her attorney XXXXXXXXXXXXXX is more like David Copperfield the magician. XXXXXXXXXXXXXX magically turns borderline lies and false and hollow statements into unsubstantiated truths to the court!! Of course that is strictly my opinion from what I have personally witnessed consistently in this litigation.

How can he send these things to a federal judge and not get punished? Where are the morals and ethics here? Is this what our justice system has turned into? Can you just lie to a federal judge time after time after time until you get caught red handed? Like I said; AMAZING! Just my opinion of course...

Its sad they [The Todd Family] do not wish their agents to know the reality and truth of this situation. The more they keep everyone in the dark the better it will be for them. Don't you folks know what big companies do? This is why they never told you about the Federal Lawsuit way back in 2005!

Look at all the companies that have gone down in flames that have not told the truth... Enron, WAMU, Wachovia, Lehman, Fannie Mae, Freddic Mac.... and the list goes on and on and on.

Who suffered?... the employees, the stockholders, the investors - just like the agents and brokers will suffer here. If the TRUTH had only been told! One can ONLY base appropriate decisions and actions if one is being told the TRUTH!

People need to take responsibility for their actions.

David... your CISLO work IP is: 209.151.225.66 and we here at ACR are watching you watch us. PROOF

Note* don't use the "hidemyass" proxy because it does not work.

Comment added October 16th, 2008

GREAT NEWS - FEDERAL JUDGE OPENS LAWSUIT!

Hollymax / Commbroker trial moves forward!!!
Federal Judge Cormac J. Carney rules in All Cities Realty's favor!!!
This affects ALL AGENTS AND BROKERS who worked for Hollymax and Combroker from about May 2005
Read the 2008 FEDERAL LAWSUIT

Comment added September 5th, 2008

***GREAT NEWS - Judge has directed us to file new motion to open case for discovery!!! Yahoo!

Great revealing documents to read
    The perjury motion sent to judge
    The reply motion to lift stay
    Judge Carney Ruling

Word of the day #1 - lie

Oxford Dictionary - Noun - LIE - 1. An intentionally false statement. 2. A situation involving deception or founded on a mistaken impression.

American Hertitage - Noun - LIE - 1. A false statement deliberately presented as being true; a falsehood. 2. Something meant to deceive or give a wrong impression.

Word of the day #2 - perjury

Oxford Dictionary - Noun - PERJURY - The offence of deliberately telling an untruth in court when under oath. [or sworn declaration]

American Hertitage - Noun - - PERJURY - The deliberate, willful giving of false, misleading, or incomplete testimony under oath.

Comment added September 4th, 2008

GREAT NEWS!... Out latest motion which I will post tomorrow has caused some havoc at Re/Max Marquee Partners in Manhattan Beach California.

Let me tell you its tough fighting the Re/Max Manhattan Beach dark side! These people are really giving Re/Max a bad name. BS, lies, untruths, half truths, no truth, hollow misleading statements, all to the federal judge hearing this case. We had enough of the blatant lies and finally called foul! Lies are lies, and the truth is the truth, and we have all the exhibits to show what we say is the truth.

You will note that magically after filing our motion claiming perjury; the website is taken down!
[www.commericalrealestatela.com] WEBSITE HISTORY AS OF 9/4/2008!

Comment added September 3rd, 2008

NEWS... we will have a great new motion for you to read tomorrow or so. Tells you what is going on with Commbroker (Re/Max Commercial Brokerage) and Hollymax (Re/Max Sunset Boulevard / Hollywood Hills) cases.

We were doing some figuring... we estimated that the TODD Family's (Kelli Todd) ) suite of real estate companies, Commbroker, Hollymax, and Re/Max Marquee Partners, Inc. have LOST ABOUT 300 AGENTS.. can you believe that... about 300 REAL ESTATE AGENTS... GONE GONE GONE!

We were thinking the problem might be the management... that is what we have heard from the street.

300 AGENTS... phew!

• Remember what I said about FREE legal representation and bankruptcy?

Comment added August 31st, 2008

Actually its no big surprise that Commbroker, Inc. (Re/Max Commercial Brokerage) and Hollymax, Inc. (Re/Max Sunset Blvd) are evaporating; we know the reasons for this. Apparently some of the agents are being moved into CF Real Esate Loans, Inc. (Now Re/Max Marquee Partners). 100s of agents have left the Todd family's suite of companies in the past two years. We were also notified a while back that DAN VERDIN, the Executive Vice President, had left the company.

Too bad [for the company] Dan Verdin is gone. He seemed like one of the shining stars and a positive influence while at Re/Max All Cities Realty. He appeared to be one of the few who had a clear view of a genuine moral compass. Because of his prior efforts to solve this matter we wish Mr. Verdin the best of luck in his new life path.

Comment added August 28th, 2008

One down and one to go..... News is that Hollymax, Inc. is history (no working agents) and that Commbroker is NEXT (next month according to Kelli's court papers)... we are watching as the cookie crumbles.

• Remember what I said about FREE legal representation and bankruptcy?

Comment added August 25th, 2008

Big news!!! We were notified that ALL REAL ESTATE AGENTS at Hollymax Inc. is gone gone gone....

Does this mean Hollymax Realty, Inc. has been shutdown? Developing info....

Comment added August 18th, 2008

We have motioned the court to reopen the Hollymax Inc. and Commbroker Inc. lawsuit. Keep abreast as this unfolds - join the newsletter for updates. The judge was clear that this case could be revisited if the CF case as not completed by January 2009. Since that case has been continued by the courts for the 5th time we believe we will be successful in reopening the this case. Re-opening the Hollymax / Commbroker case will affect all of the following companies and people.

Comment added July 7th, 2008

Trial postponed. Keep abreast of all three trials and the 1700 agent litigation against Remax Marquee Partners by subscribing to our new email newsletter. We will send a short email when developments happen in any of the three law suits! Subscribe

Comment added June 15th, 2008

Only about 30 days to trial and we are ready!!!

We have 20 GIGABYTES (thousands and thousands of documents) worth of infringement data that we have provided to the court. We have entire copies of all the infringing websites with every agent who has used the trademark ALL CITIES REALTY® - basically everyone since 2002. We have working copies of all the Remax ALL CITIES REALTY websites that we can show the jury on a wall size projector screen -- even though Re/Max disposed of the evidence and changed their website in December. We have web page after web page where the agents don't use a Remax. We have 1000s of emails sent to us by many clients, customers, agents, and vendors because of the actual confusion. We have a 'willful' use of the name because the Re/Max management would not give it up even though we kept telling them in emails and letters from attorneys that the name was trademarked and they could not use the name.

Because Kelli, Bob, Dale, Byron and the agents refused to change the mark after we repeatedly notified them of it; the infringement will be willful and the damages will be triple. They will also be responsible for the All Cities Realty® attorney fees totaling more than 400k at present. (see Microsoft ruling below)

When they, this Re/Max, does lose then the Pandora's box of legal action will open for evermore. Just first appearance fee to try and defend all of you agents in State Court is more than $600,000. A $525 per person State Court Appearance fee. But defense will not be the issue, once trademark infringement is found in federal court; its just the damages that will be the issue in court at that time. If they claim bankruptcy again like they have in the past when the real estate market slowed down it will be one big nightmare for every real estate agent who has worked there and used our registered trademark - All Cities Realty® - it will probably go on for years and years and years. All these damages, fees, and costs add up to millions of dollars real quick.

Our new All Cities Realty website for our NetAgent® program is coming along nicely and we have significant interest from potential agents. www.allcitiesnetagent.com (even Dan Verdin told me in person that this was a great idea).

Here is our All Cities Realty® - Federal Trademark / Here is our All Cities Realty® - State Trademark

We have had lots of confusion, 1000s of emails (did I say 1000s?) lots of phone calls, mail you name it.... lots of actual confusion. How about www.allcitiesrealty.com and www.allcitiesrealty.net or how about www.allcitiesescrow.com and www.allcitiesescrow.net ?? Are those confusing? Of course they are. They have registered and used both allcitiesrealty.net and allcitiesescrow.net causing significant confusion. No one we have talked to does not believe that Re/Max All Cities Realty and All Cities Realty® are confusing names.

• Federal Court indictment and case files coming soon for public download!
   
• Your personal real estate reputation is no better than the company your work for!
   
• Current and former office names of Bob Todd, Kelli Todd and this Re/Max organization in Los Angeles California:
• Robert Todd
  Robert K. Todd
  Bob Todd
  Bob K. Todd
  Kelli Todd
  Kelli Amundson
  Kelli Todd-Amundson
  Kelli P. Todd
  Kelli P. Todd-Amundson
  Kelli P. Amundson
  Kelli Patrice Todd
  Kelli Patrice Amundson
  Kelli Patrice Todd-Amundson
  CF Real Estate Loans, Inc.
  C F Real Estate Loans, Inc.
  C.F. Real Estate Loans, Inc.
  C. F. Real Estate Loans, Inc.
  Cf Acquisition Corporation
  Hollymax Realty, Inc.
  Combroker, Inc. (old company)
  Commbroker, Inc. (new company)
  Coastal Financial Real Estate Loans Inc (old company)
  Oceanfield Inc (old company)
  Security Financial Real Estate Loans Inc (old company)
  
  RE/MAX All Cities Realty
  ACTIVE AS OF 10/25/2002
  
  Re/Max Bay Cities Realty
  ACTIVE FROM 03/28/1995 TO 04/30/2002
  
  Re/Max Beach Cities Realty
  ACTIVE AS OF 07/17/1995
  
  Re/Max Beverly Hills
  ACTIVE AS OF 03/12/1997
  
  Re/Max Coast Cities Realty
  ACTIVE FROM 03/28/1995 TO 04/30/2002
  
  RE/MAX Commercial Brokerage
  ACTIVE FROM 02/27/2004 TO 01/07/2007

  RE/MAX Commercial Brokerage
  ACTIVE FROM 11/24/1999 TO 02/08/2004
  
  RE/MAX Crestline
  ACTIVE AS OF 08/25/2003
  
  Re/Max Estate Properties
  ACTIVE AS OF 03/12/1997
  
  RE/MAX Hancock Park
  ACTIVE AS OF 10/01/2001
  
  RE/MAX Hollywood Hills
  ACTIVE FROM 05/10/2001 TO 01/07/2007
  
  Re/Max Lake Arrowhead
  ACTIVE AS OF 03/12/1997
  
  Re/Max Los Angeles
  ACTIVE AS OF 03/12/1997
  
  RE/MAX Mountain Resorts
  ACTIVE AS OF 07/23/2007
  
  RE/MAX Sunset Boulevard
  ACTIVE FROM 05/10/2001 TO 03/09/2005
  
  RE/MAX VIP
  ACTIVE FROM 10/25/2002 TO 01/07/2007
  
  Re/Max Westside Properties
  ACTIVE AS OF 12/19/1996
  
  Coastal Financial Real Estate Loans
  ACTIVE FROM 05/06/1991 TO 10/31/1995
  
  Platinum Realty
  ACTIVE FROM 05/22/1992 TO 08/03/1992
  
  Re/Max Beach Cities Realty
  ACTIVE FROM 05/30/1984 TO 10/31/1995
  
  Re/Max Of Hermosa Beach
  ACTIVE FROM 01/26/1983 TO 06/01/1994
  
  Re/Max Of Manhattan Beach
  ACTIVE FROM 01/26/1983 TO 06/01/1994
  
  Re/Max Of Palos Verdes Estates
  ACTIVE FROM 04/09/1984 TO 03/20/1989
  
  Re/Max Professionals Realty
  ACTIVE FROM 03/20/1989 TO 06/01/1994
  
  Re/Max Westside Properties
  A Division of Re/Max Beach Cities Realty
  ACTIVE FROM 01/26/1995 TO 10/31/1995
  
  RKT Realty
  ACTIVE FROM 07/08/1993 TO 10/31/1995