Discovery Hearing Transcript Available

I’ve been able to obtain the transcript of the discovery hearing, which took place on February 6, 2007.  You can review it here.

Some highlights:

  • …the plaintiff has evidenced a propensity for publication. [p7, 20-21]
  • There’s no reason the case can’t be tried in June, July. [p10, 12-13]
  • The Court: Do you have any authority that an oral agreement under these circumstances is unenforceable?…
    AETN: Your Honor, I really am not prepared to argue that at this stage…
    The Court: You should be. I mean, that’s the key issue…
    AETN: There’s not a shred of evidence to support that claim…
    The Court: His testimony is sufficient, unless some form of Statute of Frauds covers the agreement, thereby requiring it be in writing. And I don’t know of any. You spoke of New York law, and I don’t claim to know any New York law, I don’t even know whether New York law applies to this case or whether South Carolina law or somewhere in between. And I haven’t looked at the Statute of Frauds. But it seems to me that’s the first place you’re going to look. Because if the Statute of Frauds doesn’t prohibit his establishment of a contract, oral contract, enforceable oral contract, then his testimony is enough to override any summary judgment. It creates a genuine issue of fact. [pp13-14]

8 Comments on “Discovery Hearing Transcript Available”

  1. Julie says:

    Exactly WHO would become part of something like this television show–to write, produce, etc.–and not expect any profit? Richard Davis plans, write all of that, shops it around only for “publicity”? That seems comically stupid to me. And of course oral agreements aren’t industry standard, but I don’t think Mr. Davis thought it’d remain oral–he was expecting the oral terms to be sent to him in written form.

  2. Steve in Texas says:

    Funny. The counter claim alleges there was a “breach” when Trademark shopped their show to TLC and left A&E. A breach? Like “breach of contract”? That’s what the judge said! LOL

  3. Mary says:

    I am an attorney – looking at the mediation issue from the prospective of having been there, done that – how can the court expect any meaningful mediation if he is not requiring discovery on the issue of damages? Let’s say both parties agree that there were no actual written contracts, (Note to A&E – a written agreement with no signatures is still no agreement, duh) so they had one, maybe two oral contracts, well that might settle liability, but it still doesn’t address the real reason you are in mediation – damages. Seems to me, silly girl that I am – that both sides need to do some more discovery before you can mediate. So, I have to respectfully disagree with the Court – this case is not ready to mediate. Some judges just can’t seem to get a clue – I would have liked to ask the Court exactly what are the parties supposed to be mediating?

    Yay for Richard and the Real Deal. I loved his show and I loved the way he operated his business. These piss-poor replacements are a joke and in the case of the macho-boys in Texas, putting obviously tame cats out like they are feral barn cats. I want to know what happened to the two cats. A&E won’t answer that questions. That did not make for good TV at all. I was horrified that these jack-**s would do that, that so-called animal loving wife of his would do that to these cats, that the humane shelter or whereever they got the cats would let them have these cats to go out and kill rodents and poisoness snakes – and if you read the A&E discussion boards – so were a lot of other people. Gee, at least the poor contractors they regularly bully and rip off can walk away from the job – those two cats had no choice and if they weren’t scooped up by A & E and returned to the shelter or real homes, then they should be prosecuted for neglect and mistreatment of the cats like those so-called “macho sunglass wearing loan shark sub-prime contractor” bully boys.

    And the Atlanta guy – All I thought when I saw these two crews was what – did A & E seek the dregs of the house flipping society? What’s the problem with paying a fair wage for a man’s (woman’s) labor? Is that supposed to make for good TV?

    A & E lost it’s soul. Go Richard and thanks for discovering that Trial Lawyers are good people too!!

  4. Steve in Texas says:

    Re: “macho sunglass wearing loan shark sub-prime contractor” bully boys”

    I wonder how much of that is sub prime too and he brags on his web site that he started with $50,000 in debt and a 501 credit score and with no money down. The only way to do that is with what are called “liar loans” that I’m aware of.

    Check out ‘I am facing foreclosure (dot) com’. The kid was on Nightline the other night…

    “Casey Serin: I’m a 24 yr old “would-be real estate mogul” from Sacramento CA. After going to a few seminars I bought 8 houses in 8 months in 4 states with no money down looking to fix ‘n flip. I made some mistakes and am now millions in debt”

  5. sam says:

    It is a whistle blow

    Armando Montelongo program is a scam. I went to this seminar; in the seminar he is selling a three day $1500 program.

    After the seminar I went and sat with the counselor to find out more by asking few questions.

    I went and sat with his counselor and asked the questions below.

    1Q) Does this $1500 program gives practical hands on sessions, but not giving an theoretical idea and asking us to do it? I gave a distinguish example procedure in words to prepare a stool or take the tools in hand and prepare it in the workshop.
    Answer from the counselor: Yes there will be three days classes with practical hands on sessions with a mentor holding your hand and guiding through it and get yours and mentor hands dirty on the job. The counselor said a mentor will be beside me to make a stool in the workshop.

    2Q) Does this $1500 program gives all the information about the real estate market, its strategies, how to find, fix, sell, finance and everything about the real estate?
    Answer from the counselor: Even you are new to the market, don’t worry. This program will teach everything about real estate from top to bottom and gives you a mentor to help along the way where ever you are.

    3Q) Is there any hidden cost other than $1500, down the road or at any moment for all the above program which the instructor is promising?
    Answer from the counselor: No there is no hidden cost other than $1500 dollars you are paying right now. For the amount of money your are paying you will get practical sessions, all strategies, Getting your hands dirty on the job, a mentor to guide you so that u can make a right decision to make a profit ,finding the property ,fixing the property, financing the property, and selling the property in a real estate.

    4Q) why is he doing it, explaining his hidden treasure and sharing his wealth to other people?
    Answer from the counselor: In his life he stayed in a car parking garage with his wife and children and he has no food to eat. He struggled a lot in his life, he knows how badly if u stay poor, so promised his wife that he is going to help people after he reached happiness in his life.

    5Q) How well this program fits a new guy in real-estate?
    Answer from the counselor: This program is perfect, with in limited time you will be wealthy.
    After hearing all the promises from Armando montelongo team I paid $1500 on my credit card and went to three classes.

    Not only the questions above I asked few more, which will still length this writing, so I wrote only important

    One the first day free seminar class where Armando’s team is selling $1500 three day package, his team promised everything whatever I said before and didn’t even gave a simple clue that this is just a partial fee and the total package cost is $30000.If by any chance Armando counselor expressed that, before paying $1500 I would have never got into this at all.

    Armando’s team framed this total program in step wise how to get too much money into their pockets, without even giving a small clue that it is a Ponzi pyramid.

    I talked to few people in three day class, they expressed it a disaster, and they wouldn’t got into this if they know earlier it is an expensive course. The few people in the class, who I talked, felt the same way.

    Hear this /Read this:
    In all the classes Armando Montelongo team didn’t even explain clearly one strategy ,but showed pictures of their family members vacationing in beaches, riding motor bikes, pictures of ugly homes buying for small amount of cash and selling for
    big profits, how to cheat people by setting different layers of land trust so that nobody can sue him, how many credit cards he has, how to apply for credit cards, how you will be left with lot of debt after taking university approved (like nursing, engineering and other etc) courses which are government backed programs and lots of nonsense stuff.

    And on the second day evening after coffee break Armando’s team broke the silence saying the total package cost is $30000 which will give you everything about real estate a mentor to guide you, a first property with hands on session and much more promises promises and promises.

    On the second day program, afternoon around 1.00 pm before breaking silence about $30000 they made the classroom fill a financial assessment and consultation sheet. In that sheet they asked lot of questions about how many credit cards you have with limits, your bank balance, your address of stay and so much personal information. I got scared by looking at it but finally filled that sheet (You know why I filled it “a stupidest idea stuck my mind, may be by looking at that sheet Armando team might help me work on hot real estate markets by seeing it”)

    Second day after the coffee break (around 4.00 pm) as I heard about $30000 I got shocked, couldn’t take a breath. A guy sitting beside me started cursing and he got sick and left. I couldn’t explain how bad my state is. I couldn’t drive my car properly back home after the class, debt left on the card, hard to swallow the truth, and couldn’t explain clearly to my wife, lot of stress. I got really upset and to tell you the truth that $1500 I have to spend on my health but I paid for Armando lies.

    After lot of people attending one day free seminar class and hearing Armando Montelongo team promises approximately 160 people paid $1500 and attended the three days In those three day classes I have seen lot of senior citizens, disabled, Minor who is 17 years old and people who does not know nothing. Armando team made approximately $1500×160 count =$240,000 on those three days. I don’t know why federal, state
    Governments couldn’t stop Armando team. There are just bagging people like me by telling lot of false information, lies and misleading.

    Please somebody stop him. I am giving you the worst part they have lot of my personal information by that form I filled on the second day. Three counselors from Armando team called me offering different packages at different levels, one Counselor
    called from a Texas phone code, second counselor from New York phone code and third counselor from California phone code.
    Is Armando Selling my personal information too? I am sorry I don’t want to mess with them.

    Few more hints I am giving you: The $30000 package is called a bus tour which he will make lot of promises on that tour too but nothing written and signed legally by him. A comfort bus will have approximately 38 to 42 people on board. So a full bus
    is making him $30000×38 people count =$1,140,000 . WOW one million dollars, oh god please lawyers stop him.

    This is true, I hate to write .Readers please think about it .If I am only one feeling the pain ignore my writing, if not please god help Armando Montelongo to understand my pain and teach him some good values.

    Excuse me Sir Armando Montelongo, if you are reading this letter I don’t think you are feeling my pain, but it’s true SIR. I pray god to give you good mind set. Sorry for this letter. Sir please doesn’t say in your seminars that you are helping people and use a family sentiment drama.

    Sir Armando Montelongo I have to ask you a simple question?
    If you are so confident about your program, why don’t you tell people who attend your free seminar on first day that your program total cost is $31500 dollars, this $1500 you are paying for three days is just an intro.

    Is it a scam or not?

  6. Monica says:

    Thank you MIKE VOSS and every one for sharing your experiences. Im a single mother desperate to survive, and thanks to this site I will research the same info for free at the public library and spend the little bit of money I do have investing in getting my REAL-estate liscense instead of handing it to a criminal (Armondo). God bless all you have the heart to post the truth about this scam, Thank you!!!

  7. ana says:

    I purchages all the program for $13800.00 until right now I havent done nothing I try to contacted them and nothing please help me I a single mom and I put in all my savings on it . 213 447-3471

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