Gary Michelson v Neil Campbell, Richard Powers - third amended complaint

I previously posted the original complaint. It included a service agreement between Gary Michelson and Richard Powers. I thought I would look at the final complaint to see if there was a written agreement between Gary Michelson and Neil Campbell. They were originally the two main partners in C&M Investments. In 2008 Neil asked Gary to buy him out saying he needed the money. Gary bought him out.

There is no written agreement between Gary Michelson and Neil Campbell that I can find. There is only the service agreement between Gary Michelson and Philip Powers. That agreement does not mention a 6% commission. It only mentions planting and maintaining trees. Gary is stating that Neil told Gary that the land investments were good investments. They were. Gary made a shit load of money in the deals. That is not fraud. It's the truth.

In the third amended complaint Gary Michelson now states that the 6% commission was an oral agreement. If there really were a 6% commission agreement, Gary Michelson would have put it in writing. 6% makes no financial sense as a "commission" as the DA of Costa Rica noted. Not only that but all agreements involving real property must be in writing in California. From the complaint,

"C&M and the Powers Defendants entered into an oral agreement whereby the Powers Defendants agreed to acquire properties for C& M for a total of no more than 6% of the actual selling price in commissions."

The statement that the agreement was oral proves that Gary Michelson committed perjury in Costa Rica and here. He previously stated it was a written agreement then never produced it. Gary Michelson in his complaint states this is his main cause of action,

"All amounts the Powers Defendants took in excess of the property purchase prices and his 6% commission was property belonging to Plaintiffs, and thus constituted a wrongful taking of Plaintiffs' property and interfered with Plaintiffs' possession of their property."

This is exactly the same thing Gary claimed in another lawsuit that he lost. Gary claimed "loss of a bargain." You cannot sue for loss of a bargain if you did not lose any money. The appeal court already ruled on this legal issue. Plus, Gary was offered the property at a price. He chose to buy it. He could have said no. Now I really feel bad for Powers and Campbell. They should have won the civil suit but just couldn't afford to respond.

In this amended complaint Gary Michelson now states that Powers and Campbell were wiring C&M Investment's money to others entities to buy items for themselves. This is misleading. Powers was wiring money from Power's account to buy cars for himself. Powers was not wiring money from C&M Investment to buy cars. Gary Michelson is making it seems like the money came directly from C&M when it didn't. C&M would wire money to Powers to buy land from Powers. Powers was brokering, transporting and buying/selling cars before he met Michelson. All of Powers' income did not come from Michelson. Here is the actual document. Campbell and Powers answered and denied all claims.

http://www.marycummins.com/michelson_third_amended_complaint.pdf

It looks like Neil only got about $1,000,000 in all of this from Powers yet Michelson sued for millions and actually wanted $100,000,000. Yes, 100 million dollars.

Powers and Campbell lost because they could not afford to respond to the many, many filings by Gary Michelson. Michelson's attorneys papered them to death. Gary is trying to destroy these two men just because Campbell rejected Gary romantically? I'm sorry but all this legal crap over some old saggy ass, really? We're not talking Brad Pitt here. I've seen Neil's mug shot.

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