UPDATES: I've been updating old posts - Gary Michelson, G Karlin Michelson

I've been updating old posts that I made here about Gary Michelson's lawsuit against Campbell and Powers. The original text is still there with a line through it when it's been edited. The update is clearly noted. I updated the posts based on new information.

The main thing which I learned through reading more legal documents is Gary Michelson agreed that legal jurisdiction is Costa Rica in his agreement with Philip. Gary Michelson agrees that C&M Investments is a Costa Rican corporation. He also agrees that Philip is domiciled in Costa Rica. He does add that the contract is governed by the "laws" of California. It doesn't say that California is proper jurisdiction if there is a lawsuit. There should have been a jurisdiction clause in the contract but for some reason there isn't. The legal case should have been dismissed due to lack of legal jurisdiction based on the contract.

Even though Gary Michelson said he lives in California his holding company Karlin Investments is a Nevada corporation. Gary Michelson said the business address of Karlin Investments is in California. Legally the main business address must be in the state where incorporated though you can have "other" addresses. Just because you have an address in California does not give legal jurisdiction to California.

The contract doesn't say Philip will only get a 6% commission. There is no "6%" anywhere. The contract refers to Exhibit A, i.e. Professional Services Agreement. That agreement only states how much Philip will get to plant each tree. It seems Gary Michelson made up this 6% commission. That would never be a proper commission for these transactions. 6% is proper commission for residential property sold in the US. Buying, selling property in the US is relatively easy. It is not easy in Costa Rica. I used to charge 10% commission to sell income property in bad areas of LA. It takes more work and time to sell these properties.

The contract states that the contract states all agreements. There will be no written or oral modifications. If that's the case, then there is no 6% agreed upon anywhere. Gary can lie and state they had an oral agreement to 6% but I don't believe it would be the truth.

Here is the initial complaint with attached contract and agreement. Gary Michelson filed amended complaints which I have not read. I have no desire to pay for the documents.
http://www.marycummins.com/gary_michelson_v_neil_campbell_philip_powers.pdf

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