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bajaguy
Elite Nomad
Posts: 9247
Registered: 9-16-2003
Location: Carson City, NV/Ensenada - Baja Country Club
Member Is Offline
Mood: must be 5 O'clock somewhere in Baja
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Attorneys
A COMPETENT attorney/lawyer tries his case in court.....
An attorney/lawyer with no case tries his case in the court of public opinion or the press, and files frivolous motions with the court to delay and
confuse.
Which is it with this case?????
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Diver
Ultra Nomad
Posts: 4729
Registered: 11-15-2004
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Gnu,
All good ideas; probably never happen, but good ideas.
David,
Maybe it's time for you to consider growing up.
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Woooosh
Banned
Posts: 5240
Registered: 1-28-2007
Location: Rosarito Beach
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Mood: Luminescent Waves at Rosarito Beach
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I wouldn't put any more money or effort into it either until the legal battle is over. That's how some people lost their improvement investments
there in the first place. I'm in the same situation- I would like to improve the disabled beach access on our concession- but until the squatter
stops painting over the handicapped signs and trying to fence the access off to the public- it's a waste of time and money and puts me at personal
risk. So I have to wait and watch while people struggle with their wheelchairs.
Some communities in the USA are struggling with neighborhood blight caused by foreclosures- same kind of thing. No one will do much until the legal
battle is over unless they are forced to- as many banks now are being forced to do.
I would also question whether the business model of 10 years ago even makes sense there today. Mark is posting about the huge decline in caravans
that used to keep the area busy. He also says some of the people who do come are splitting meals- although he hasn't raised the prices. It's just a
tough time for all Baja. Fixing up the hotel won't bring them back- because now the problem is different. A hotel there may not make sense for
another decade and the restaurant (with fresh food and produce) is probably a challenge on a daily basis.
I guess manana is manana in Mexico- for everyone.
[Edited on 3-1-2012 by Woooosh]
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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mtgoat666
Select Nomad
Posts: 17390
Registered: 9-16-2006
Location: San Diego
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Mood: Hot n spicy
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| Quote: | Originally posted by ramuma53
I will start publishing the open letters in Mexico city untill my employyees are free.
This will start to turn in to a political issue in the next Presidential campaign.
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i doubt the pres candidates have any interest in getting involved in your little drama over your crappy hotel and the all-you-can-eat turtle buffet
next door.
and looking at the pictures of your emplyees, they don't appear to be upstanding citizens any pres candidate would be interested in standing behind
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XPBRes
Junior Nomad
Posts: 66
Registered: 2-11-2012
Location: SoCal
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Mood: SOULFUL
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Here is Sr. Munoz introducing himself to us for the first time back in 2002.
Maybe I made a mistake of saying condos but he clearly offers us a trade.
As I said before I have all of our corespondence from introduction to eviction.
He said I left without a word. I was told I would be arrested if I came back, and given an eviction notice. This was because I did not support his
effort to have federal agents stay in our improved lot. I found out later he had already entered our property in violation of our lease.
Mr. Ted & cheryle Clinite
As you now know trough Roberto Meloni and Franca, I am the proprietor of Buenaventura's lot; Roberto and Franca have already checked our titles in
Catastro and the public registry in Santa Rosalia and are now convinced after having an attorney at law counsel with them.
We have been gathering all the technical proof that Buena Ventura is in fact in our lot since 3 years ago and a few weeks ago we got the results from
our engineer and Federal zone expert witness; we didn't want to act without having all the legal proof and technical data; our lot is 376 hectares or
about 750 acres, a lot bigger than San Buenaventura's and we wanted to be totally sure; this is why we waited until we had all the technical data
proving what we already knew.
We just got the Ejido legal map confirming that Buenaventura's lot is out of ejido land and we are now ready to show everything to you or anybody who
is affected by it.
3 weeks ago I went to Buenaventura hotel and talked with Mrs. Olivia, who offered to sell all the buildings to us; she accepted that she had or have
no claim to the property and that she have only a provisional permission from the Federal zone and was trying to get in a deal with the ejido; I told
her that San Buenaventura is not in Ejido's Land and most of the buildings are out of the Federal Zone and she agreed.
Last week we went again to Buenaventura and we were not able to find her, she was in Tijuana; we talked with Mr. Roberto Meloni and found that the
buildings were his and not Olivia's property; we showed him our legal titles and gave him the Public registry coordinates so he was able to verify our
claims; we told him to ask Olivia to wait for us in Tijuana to reach an agreement but she didn't want to wait for us; Mr. Meloni the next day went to
Santa Rosalia with his lawyer and accountant and found that all our titles are right and even the city taxes are paid till December 2002; he also
found that he has been paying city taxes in excess apralel to ours; the city agreed with him and is in the process to credit what he paid to our
account and they also told him that San Buenaventura is in our lot.
He also discovered that the ejidos don't pay city taxes, confirming that Buenaventura is out of ejido land with Santa Rosalia's catastro; after
checking everything with his lawyer, he found that he have no legal claim to the lot or any right to it; of course he can go to court and postpone the
inevitable, but he is a practical and intelligent man; he got in contact with us and agreed to reach an agreement with us. He came to Tijuana and
checked with some lawyers again with the same answers; our legal titles are solid and current.
I have a legal title given by the Mexico's Federal government, it is registered since 15 years ago on the agrarian registry, National land's public
registry and Santa Rosalia public registry; it is also registered in Santa Rosalia's catastro office and the city taxes are paid and current until
December 2002.
We now have the legal right to ask everybody to return what is legally ours without having to pay for the buildings and having the right to ask for
payment for the use of our lot for the last 10 years; that is our legal right but we feel it is not our moral right since you didn't know and acted on
good faith.
That is why we agreed with Mr. Meloni to pay him for his hotel and the deal is legally close now having received part of his money, we are now the
legal owners of the lot and the hotel's buildings and even the business and the deal have been reached in front of the public notary who verified all
our rights.
We have been trying to reach an agreement with Olivia, but until now she have been eluding us; tomorrow we are going to San Buenaventura to receive
the buildings and lot from Mr. Meloni and hope we find her there.
It is our best hope to reach a an agreement with her but trough her attitude and actions to evade us we feel it is going to be difficult.
We know you think that this is a problem between us and the Ejido, but really, in practice, it is only your problem since you are the one who live
there; the ejidos never get the damage even when they loose; the ones who will loose everything are you.
We know contemplate two cases:
First scenario: You the legal possessor of the houses, go with the ejido and tell us that you are going to legally fight our legal claim to the land;
of course, we are ready and we will press the charges and fallow suit against you and the ejido; we will claim a rent for the past 10 years or the
time you have been using our property and the immediate return of our property; we are now in the process of developing the lot and since we will have
to stop everything until a judge decide, there is going to be some damages to us too; our lawyer is Lic. Guillermo Ruiz Hernandez, a very well known
attorney in the whole Mexico as your attorney can tell you; it may take a year or a little more but we will get our property, rent and damages back
from you, since the "ejido" are "poor peasants" without any money or property.
Second scenario: you get an attorney to check our legal titles; once you have his advice, you reach an agreement with us, returning your possession to
us; we will lease the property to you at the same price you are paying now; not in advance or anything like that, just a normal business relation; you
will not suffer even a day of inconvenience; in case the ejido or Olivia try some legal action against you, we will accept formally the responsibility
to defend you in court as soon as you provide us with attorney's power.
My name is Rafael Muņoz Martinez, attorney at law and civil engineer, my partner's name is Juan Ernesto Corona Flores; he owns the Corona Hotels in
Tijuana, Rosarito and Ensenada and Castillos del Mar in Rosarito; I am Playa Encantada's owner in Rosarito; if you want to know more about us you can
look at my web site Munoz-industries.com there you will find our legal titles to playa requeson including San Buenaventura and our development plans;
that information have been there for years.
We are very well known in Tijuana, Rosarito and Ensenada as honest businessman; I was a senate candidate for Baja California in the 2000 federal
elections and we give a great value to our names and words; Mr. Roberto Meloni and Franca can tell you about it and we found them a very honest and
intelligent people.
I used to advise the American consulate in Tijuana about the legal rights to the land in the Rosarito Area and they know me; for sure you must know
about the Punta Banda affair in Ensenad, where several U.S.A.'s people lost their houses; I told the American consulate what was going to happen one
year in advance; I mention it because it is very similar to your and my case:
1.- my owner's private property title, is exactly the same kind as ours, given by Terrenos Nacionales.
2.- The American people had exactly the same kind of contract as yours; with an ejido.
As you know, they lost the legal battle and had to leave their houses without receiving a single penny.
We just want to evade the legal battle and hard feelings; I am the "Tijuana to Ensenada's coast binational counsel"'s president and have been helping
american people in situations very similar to this one you are now; but be sure, we know how to fight legally since we did it for years in the
Rosarito's area against the "Ejido Mazatlan"; we are famous for that legal battle against a corruption giant, who expended millions of dollars; we won
in court.
As I told you, our plan is to develop the property in the short run; if you don't want to stay with us, we will legally apprise your house and will
reach an agreement with you to pay for it now, or you can stay with us and get a substantial discount on one of our houses in our development; you can
check our plans in our web site.
I am sorry that we can't wait two weeks much lees till October for your answer because we will have to start our legal actions by the second
September's week; if we get a response from you or your friends, before that date, we will be happy to meet with you in San Diego California or we
will be happy to entertain you in one of our hotels in Tijuana or Rosarito, but we need your response before that date; if we don't receive it, we
will understand we are against the first scenario.
thank you for your attention
Rafael M Munoz
Attorney at law & civil Engineer
San Buenaventura's legal owner
[Edited on 3-2-2012 by XPBRes]
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larryC
Super Nomad
Posts: 1482
Registered: 8-11-2008
Location: BoLA
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Well, it sounds to me like 10 years ago Munoz was willing to work with you. You decided not to. Now after 10 years of fighting he is bitter and tired
and willing to fight to get the use of his land back. Looks to me like it could have been handled differently in the beginning.
Larry
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XPBRes
Junior Nomad
Posts: 66
Registered: 2-11-2012
Location: SoCal
Member Is Offline
Mood: SOULFUL
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Larry,
We all took his deal and signed leases. The last renter just left last year. I wish I knew what you meant by handling it differernt. We did what he
asked gave him money signed over our property gave him power of attorney. We lost our case with his representation to the ejido, not his fault, then
were evicted.
Please Larry help me to understand what we could have done differently?
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Burbs
Junior Nomad
Posts: 78
Registered: 2-13-2012
Location: Buenaventura B.C.S. Mexico
Member Is Offline
Mood: Full Mood
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The Munoz Con Letter!
As You Know...
They(who are they... guys in the white coats?)
As I told you...
I am sorry....
I told her that San Buenaventura is not in Ejido's Land and most of the buildings are out of the Federal Zone and she agreed.
Playa Encantada owner! Ya right...What happened?
Provide us with power of attorney!(scew me please)
Eluding you!
"ejido" are "poor peasants" without any money or property.
Rafael M Munoz
Attorney at law & civil Engineer(PLEASE SHOW YOUR CREDENTIALS OF WHO YOU CLAIM YOU ARE) ...I CAN FIND NO PROOF!
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ELINVESTIG8R
Select Nomad
Posts: 15882
Registered: 11-20-2007
Location: Southern California
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| Quote: | Originally posted by Diver
David,
Maybe it's time for you to consider growing up. |
Don't thinkl I have forgotten!
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Diver
Ultra Nomad
Posts: 4729
Registered: 11-15-2004
Member Is Offline
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Gee David, your little cartoons are SO impressive; NOT !
I'm sure "Mama" would be proud. 
So you make sure and let me know when something Ramuna claims actually comes true.
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ELINVESTIG8R
Select Nomad
Posts: 15882
Registered: 11-20-2007
Location: Southern California
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I HAVE NOT FORGOTTEN
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Lobsterman
Super Nomad
Posts: 1682
Registered: 10-7-2008
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Mr Munoz,
Thanks for the update. Sorry to hear that your loyal employees are not out of jail yet. Smart looking bunch. Must be hard on them and their families.
Unfortunately those trumped up charges are still sticking due to the corrupt public employees in southern baja funded by the drug cartels. What a
shame. There are those of us waiting in the wings for this mess to be settled. I'm glad you're perservering forward to clean up that crooked crowd of
shameful people. I'm re-starting my efforts to come back to BOC betting on your successful endeavor. Even going back to work part-time to make a few
more bucks for more toys to keep down there. My current boat is just too big to haul down there. Did it once but not again. I'll even cook my
delicious BBQ recipes on a weber for your guests pro bono once you get your hotel back up and running.
David, love your animations. You da man.
Ira, go crawl in a clam shell where your biased ignorance will not be displayed for all to see.
[Edited on 3-2-2012 by Lobsterman]
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larryC
Super Nomad
Posts: 1482
Registered: 8-11-2008
Location: BoLA
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| Quote: | Originally posted by XPBRes
Larry,
We all took his deal and signed leases. The last renter just left last year. I wish I knew what you meant by handling it differernt. We did what he
asked gave him money signed over our property gave him power of attorney. We lost our case with his representation to the ejido, not his fault, then
were evicted.
Please Larry help me to understand what we could have done differently? |
XPBRes
You know the story of what happened much better than I do. I obviously misunderstood. I guess there isn't much more you could have done. So it was
Mark and Olivia's orders to have you evicted? Is it true that they only claim a federal zone venture? From looking at GE it looks like their
restaurant is well out of the federal zone, and on someones provate property.
I guess I would like to see what Mark and Olivia have in the way ownership papers of agreements with the ejido. Do you know if the ejido even claims
this property, or is Munoz the only claimant?
wow what a mess, I am sorry for your loss,
Larry
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Diver
Ultra Nomad
Posts: 4729
Registered: 11-15-2004
Member Is Offline
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| Quote: | Originally posted by Lobsterman
Mr Munoz,
I'm re-starting my efforts to come back to BOC betting on your successful endeavor. |
Back on the hard drugs again, eh ?
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Cypress
Elite Nomad
Posts: 7641
Registered: 3-12-2006
Location: on the bayou
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Mood: undecided
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gnukid! Very good question. Enquiring minds want to know.
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ELINVESTIG8R
Select Nomad
Posts: 15882
Registered: 11-20-2007
Location: Southern California
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I would never kill anyone trying to take my property in a legal fashion! That said I
would kill anyone trying to kill me without hesitation. You attempt or spray me with pepper spray you are going to be shot and possibly killed. I will
be damned if I will allow someone to disarm me only to kill me. If someone comes to within 35 feet with bear spray and does not stop when asked deadly
force will apply if the person starts lifting the can and pointing it toward me. God, would that be a graveyard move!
THIS LITTLE MAN WOULD NOW BE, WELL YOU
KNOW!
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Diver
Ultra Nomad
Posts: 4729
Registered: 11-15-2004
Member Is Offline
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| Quote: | Originally posted by ELINVESTIG8R
I would never kill anyone trying to take my property in a legal fashion! That said I
would kill anyone trying to kill me without hesitation. You attempt or spray me with pepper spray you are going to be shot and possibly killed. I will
be damned if I will allow someone to disarm me only to kill me. If someone comes to within 35 feet with bear spray and does not stop when asked deadly
force will apply if the person starts lifting the can and pointing it toward me. God, would that be a graveyard move!
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You are very tough. 
Can we see your muscles !
.
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Diver
Ultra Nomad
Posts: 4729
Registered: 11-15-2004
Member Is Offline
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| Quote: | Originally posted by gnukid
Has Munoz made any improvements to the property in the entire time he has claimed the right to the land to develop? Or has all developments been made
by others then been taken by Munoz? |
Sure seems to me that an "owner" would maintain his property.
Alternately, it makes sense that someone who does not have confirmed ownership would be crazy to invest in the property.
Well ...... if the "crazy" fits ........
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David K
Honored Nomad
Posts: 64532
Registered: 8-30-2002
Location: San Diego County
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Mood: Have Baja Fever
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Is that what you believe David??? Muņoz wasn't even there... nor has been. It is like little Israel surrounded by countries wanting it it disappear.
Mark and Olivia are fighting for their very existance.
Muņoz' hired thugs (with guns fired) blockaded Olivia's restaurant... Did you not see the SOS in the sand...? See Pompano's photos and read his post
during the blockade. They threatened tourists too... and now they are in jail.
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Barry A.
Select Nomad
Posts: 10007
Registered: 11-30-2003
Location: Redding, Northern CA
Member Is Offline
Mood: optimistic
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| Quote: | Originally posted by Diver
| Quote: | Originally posted by gnukid
Has Munoz made any improvements to the property in the entire time he has claimed the right to the land to develop? Or has all developments been made
by others then been taken by Munoz? |
Sure seems to me that an "owner" would maintain his property.
Alternately, it makes sense that someone who does not have confirmed ownership would be crazy to invest in the property.
Well ...... if the "crazy" fits ........
. |
Wow-----that's an interesting "take", Diver. I rented for about 5 years and I always treated the property as if it were my own-----------after all,
the property reflects YOU while you are using it--------I long ago got out of the rental business because of folks that apparently felt as you do.
Barry
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