I feel that the best way to litigate these issues is to utilize the law to right the torts against me, as well as making the defendants realize that loosing will be catastrophic to them and their businesses. Towards this end, I suggest that the liquor licenses of these businesses be attacked, utilizing the violations of James Beach and Canal Club liquor licenses in the litigation .I also suggest including police records of complaints into the law suit to show that they have developed public nuisances. I would also show that James Beach and Canal Club have failed to maintain arm's length relationships with related entities, as shown here:
a) James Beach and Canal Club both use a single valet, one manager, common alcohol storage, common storage space, and utilization of each others parking areas, without formal agreements.
b) James Beach, Dannys and Canal Club share a single web site, and a single bookkeeper.
c) James Beach and Canal Club both use menus from each others restaurants
d) The same people own all three restaurants

The multiple failures to notify the Alcoholic Beverage Commission and the Sec. of State of changes in officers and business entities can then be utilized to to show failure to observe partner/corporate formalities in terms of behavior and documentation, in order to pierce the corporate veil.

 

 

 

DOCUMENTS & OTHER EVIDENCE TO SUBPOENA
DOCUMENTS
USE
JAMES BEACH

1. All original leases and rental agreements from time of initial lease or rental agreement to present for all premises at 60 North Venice Bl. , Venice CA.
  1. Absence or inaccuracy of partner/corporate records;
  2. Failure to observe corporate formalities in terms of behavior and documentation;

2. Names, addresses and phone contact for all employees, partners, independent contractors and management of James Beach restaurant and/or W B Restaurant partners limited partnership, who were actively employed or a partner as of January 1, 2009 through January 31, 2010, and their job titles (titles shall be noted by using only the following descriptions: wait persons, bus persons, host persons, bartenders, managers, partner, cooks, other kitchen employee, security, bookkeeper/account, independent contractor, other.
  1. Failure to maintain arm's length relationships with related entities;
  2. Nonfunctioning officers and/or directors;

3. Copy of minutes of all partnership meetings of W B Restaurant Partners limited partnership from January 1, 1996 to present.
  1. Absence or inaccuracy of records;.
  2. Failure to observe partnership formalities in terms of behavior and documentation;
  3. Nonfunctioning partnership/corporate officers and/or directors;
  4. Significant under-capitalization of the business entity
  5. Concealment or misrepresentation of members;

4. Copies of all partnership bylaws and changes from January 1, 1996 to present.
  1. Absence or inaccuracy of partnership/corporate records;
  2. Failure to observe partnership/corporate formalities in terms of behavior and documentation;
  3. Nonfunctioning partnership/corporate officers and/or directors;
  4. Significant undercapitalization of the business entity
  5. Concealment or misrepresentation of members;

5. Copies of all business entity formation documents from January 1, 1996 to present, including DBA filings.
  1. Absence or inaccuracy of partnership/corporate records;
  2. Failure to observe partnership/corporate formalities in terms of behavior and documentation;
  3. Nonfunctioning partnership/corporate officers and/or directors;
  4. Significant undercapitalization of the business entity
  5. Concealment or misrepresentation of members;

6. Copies of all billing statements for purchases of:
a) Beef, Poultry, Lamb, Pork, & Veal
b) Alcoholic Beverages
c) Nonalcoholic Beverages
d) Dairy Products
e) Produce
f) Seafood
for the year of 2009.

1. Failure to maintain arm's length relationships with related entities;
2. Failure to observe partnership/corporate formalities in terms of behavior and documentation;
3. Manipulation of assets or liabilities to concentrate the assets or liabilities;


7. Copies of all payments made to all officers of W B Restaurant partners limited partnership for salary, dividends, stock, consulting fees, management fees and any other remuneration for the year 2009.

1. Failure to pay dividends;
2. Nonfunctioning partnership/corporate officers and/or directors;
3. Significant undercapitalization of the business entity
4. Concealment or misrepresentation of members;


8. Copies of Quarterly gross sales of alcoholic beverages and Quarterly gross sales of food in the same period as required to be kept by the CA Dept of alcoholic beverage control, for each quarter in 2009.
  1. Failure to maintain arm's length relationships with related entities;
  2. Failure to observe partnership/corporate formalities in terms of behavior and documentation;

9. Locations and full address of off site storage sites for furniture, liquor stock and food stock, and the type of food, beverage and furniture stored there.

1. Failure to maintain arm's length relationships with related entities;
2, Failure to observe partnership/corporate formalities in terms of behavior and documentation;
3. Manipulation of assets or liabilities to concentrate the assets or liabilities;


10. All original parking valet contracts and agreements from time of initial contract or agreement to present for 60 North Venice Bl. , Venice CA. and/or W B Restaurant partners limited partnership and/or James Beach Restaurant with Imperial Parking Industries, Inc or any other valet company.

1. Failure to maintain arm's length relationships with related entities;
2, Failure to observe partnership/corporate formalities in terms of behavior and documentation;


11. All original leases and rental agreements from time of initial lease or rental agreement to present for all parking premises at 42 North Venice Bl. , Venice CA.
1. Absence or inaccuracy of partnership/corporate records;
2. Failure to maintain arm's length relationships with related entities;
3. Failure to observe partnership/corporate formalities in terms of behavior and documentation;
   
   
   
CANAL CLUB

1. All original leases and rental agreements from time of initial lease or rental agreement to present for 2025 Pacific Ave, Venice CA.
  1. Absence or inaccuracy of corporate records;
  2. Failure to observe corporate formalities in terms of behavior and documentation;
2. Names, addresses and phone contact for all employees, officers, independent contractors and management of Canal Club restaurant and/or Canal Club Inc., who were actively employed or a partner as of January 1, 2009 through January 31, 2010, and their job titles (titles shall be noted by using only the following descriptions: wait persons, bus persons, host persons, bartenders, managers, partner, cooks, other kitchen employee, security, bookkeeper/account, independent contractor, other.
  1. Failure to maintain arm's length relationships with related entities;
  2. Nonfunctioning corporate officers and/or directors;

3. Copy of minutes of all corporate meetings of Canal Club Inc. from January 1, 1996 to present.


  1. Absence or inaccuracy of corporate records;.
  2. Failure to observe corporate formalities in terms of behavior and documentation;
  3. Nonfunctioning corporate officers and/or directors;
  4. Significant undercapitalization of the business entity
  5. Concealment or misrepresentation of members;

4. Copies of all corporate bylaws and changes from January 1, 1996 to present.
  1. Absence or inaccuracy of corporate records;
  2. Failure to observe corporate formalities in terms of behavior and documentation;
  3. Nonfunctioning corporate officers and/or directors;
  4. Significant undercapitalization of the business entity
  5. Concealment or misrepresentation of members;

5. Copies of all corporate entity formation documents from January 1, 1996 to present, including DBA filings.
  1. Absence or inaccuracy of corporate records;
  2. Failure to observe corporate formalities in terms of behavior and documentation;
  3. Nonfunctioning corporate officers and/or directors;
  4. Significant undercapitalization of the business entity
  5. Concealment or misrepresentation of members;

6. Copies of all billing statements for purchases of:
a) Beef, Poultry, Lamb, Pork, & Veal
b) Alcoholic Beverages
c) Nonalcoholic Beverages
d) Dairy Products
e) Produce
f) Seafood
for the year of 2009
 1. Failure to maintain arm's length relationships with related entities;
2. Failure to observe corporate formalities in terms of behavior and documentation;
3. Manipulation of assets or liabilities to concentrate the assets or liabilities;

7. Copies of all payments made to all officers of Canal Club Inc. for salary, dividends, stock, consulting fees, management fees and any other remuneration for the year 2009.		  

1. Failure to pay dividends;
2. Nonfunctioning corporate officers and/or directors;
3. Significant undercapitalization of the business entity
4. Concealment or misrepresentation of members;


8. Copies of Quarterly gross sales of alcoholic beverages and Quarterly gross sales of food in the same period as required to be kept by the CA Dept of alcoholic beverage control, for each quarter in 2009.
  1. Failure to maintain arm's length relationships with related entities;
  2. Failure to observe corporate formalities in terms of behavior and documentation;

9. Locations and full address of off site storage sites for furniture, liquor stock and food stock.


1. Failure to maintain arm's length relationships with related entities;
2. Failure to observe corporate formalities in terms of behavior and documentation;
3. Manipulation of assets or liabilities to concentrate the assets or liabilities;


10. All original parking valet contracts and agreements from time of initial contract or agreement to present for 2025 Pacific Ave. , Venice CA. and/or Canal Club inc., and/or Canal Club Restaurant with Imperial Parking Industries, Inc or any other valet company.

1. Failure to maintain arm's length relationships with related entities;
2, Failure to observe corporate formalities in terms of behavior and documentation;


11. All original leases and rental agreements from time of initial lease or rental agreement to present for all parking premises at 42 North Venice Bl. , Venice CA.
1. Absence or inaccuracy of corporate records;
2. Failure to maintain arm's length relationships with related entities;
3. Failure to observe corporate formalities in terms of behavior and documentation;
   
   
   
DANNYS

1. All original leases and rental agreements from time of initial lease or rental agreement to present for 23 Windward Ave. Venice CA.
  1. Absence or inaccuracy of corporate records;
  2. Failure to observe corporate formalities in terms of behavior and documentation;
2. Names, addresses and phone contact for all employees, partners, independent contractors and management of Dannys restaurant and/or Dannys Deli Limited Partnership, who were actively employed or a partner as of January 1, 2009 through January 31, 2010, and their job titles (titles shall be noted by using only the following descriptions: wait persons, bus persons, host persons, bartenders, managers, partner, cooks, other kitchen employee, security, bookkeeper/account, independent contractor, other.
  1. Failure to maintain arm's length relationships with related entities;
  2. Nonfunctioning corporate officers and/or directors;

3. Copy of minutes of all partnership meetings of Dannys Deli Limited Partnership from January 1, 1996 to present.
  1. Absence or inaccuracy of corporate records;.
  2. Failure to observe corporate formalities in terms of behavior and documentation;
  3. Nonfunctioning corporate officers and/or directors;
  4. Significant undercapitalization of the business entity
  5. Concealment or misrepresentation of members;

4. Copies of all partnership bylaws and changes from January 1, 1996 to present.
  1. Absence or inaccuracy of corporate records;
  2. Failure to observe corporate formalities in terms of behavior and documentation;
  3. Nonfunctioning corporate officers and/or directors;
  4. Significant undercapitalization of the business entity
  5. Concealment or misrepresentation of members;

5. Copies of all partnership entity formation documents from January 1, 1996 to present, including DBA filings.
  1. Absence or inaccuracy of corporate records;
  2. Failure to observe corporate formalities in terms of behavior and documentation;
  3. Nonfunctioning corporate officers and/or directors;
  4. Significant undercapitalization of the business entity
  5. Concealment or misrepresentation of members;

6. Copies of all billing statements for purchases of:
a) Beef, Poultry, Lamb, Pork, & Veal
b) Alcoholic Beverages
c) Nonalcoholic Beverages
d) Dairy Products
e) Produce
f) Seafood
for the year of 2009
 1. Failure to maintain arm's length relationships with related entities;
2. Failure to observe corporate formalities in terms of behavior and documentation;
3. Manipulation of assets or liabilities to concentrate the assets or liabilities;

7. Copies of all payments made to all partners of Dannys Deli Limited Partnership for salary, dividends, stock, consulting fees, management fees and any other remuneration for the year 2009.		  

1. Failure to pay dividends;
2. Nonfunctioning corporate officers and/or directors;
3. Significant undercapitalization of the business entity
4. Concealment or misrepresentation of members;


8. Copies of Quarterly gross sales of alcoholic beverages and Quarterly gross sales of food in the same period as required to be kept by the CA Dept of alcoholic beverage control, for each quarter in 2009.
  1. Failure to maintain arm's length relationships with related entities;
  2. Failure to observe corporate formalities in terms of behavior and documentation;

9. Locations and full address of off site storage sites for furniture, liquor stock and food stock.


1. Failure to maintain arm's length relationships with related entities;
2, Failure to observe corporate formalities in terms of behavior and documentation;
3. Manipulation of assets or liabilities to concentrate the assets or liabilities;


10. All original parking valet contracts and agreements from time of initial contract or agreement to present for 23 Windward Ave. , Venice CA. and/or Dannys Deli Limited Partnership, and/or Dannys Restaurant with Imperial Parking Industries, Inc or any other valet company.

1. Failure to maintain arm's length relationships with related entities;
2, Failure to observe corporate formalities in terms of behavior and documentation;

   
   
   
Imperial Parking Industries, Inc

1) All original leases and rental agreements and operating agreements from time of initial lease or rental agreement or operating agreement to present for all parking premises at 42 North Venice Bl. , Venice CA. between Imperial Parking Industries, Inc and the owners of that real property, 		 

1. Failure to maintain arm's length relationships with related entities;
2. Failure to observe corporate formalities in terms of behavior and documentation;
3. Absence or inaccuracy of corporate records;
4. Concealment or misrepresentation of members;


2) All original parking valet contracts and agreements from time of initial contract or agreement to present for 60 North Venice Bl. , Venice CA. and/or W B Restaurant partners limited partnership and/or James Beach Restaurant.		  

1. Failure to maintain arm's length relationships with related entities;
2. Failure to observe corporate formalities in terms of behavior and documentation;
3. Absence or inaccuracy of corporate records;
4. Concealment or misrepresentation of members;


3) All original parking valet contracts and agreements from time of initial contract or agreement to present for 2025 Pacific Ave. , Venice CA. and/or Canal Club inc, and/or Canal Club Restaurant. 		 

1. Failure to maintain arm's length relationships with related entities;
2. Failure to observe corporate formalities in terms of behavior and documentation;
3. Absence or inaccuracy of corporate records;
4. Concealment or misrepresentation of members;


4) All original parking valet contracts and agreements from time of initial contract or agreement to present for 23 Winward Ave, Venice CA. and/or Dannys Deli Limited Partnership and/or Dannys Restaurant. 		 

1. Failure to maintain arm's length relationships with related entities;
2. Failure to observe corporate formalities in terms of behavior and documentation;
3. Absence or inaccuracy of corporate records;
4. Concealment or misrepresentation of members;


5) Video tape of car theft		  1. Proof of car theft
   
   
   
ABC
1) All records/communications that the ABC has for these 3 restaurants, which are considered "non public" 1.To prove that they are nuisances and to see if there are any previous violations