Part 2 - Canet’s Failure to Act With my Commentary Jed Margolin
Summary
A. The French Court’s judgment against Zandian was issued April 3, 1998. Canet has had the past 18 years to come after Zandian’s assets in the U.S. but has failed to do so. Even though Chapter 15 was not added to the U.S. Bankruptcy Code until 2005 Canet could have domesticated a Judgment against Zandian in the two places where Zandian is known to have had assets: California and Nevada.
1. California
Zandian owned Optima Technology Corporation (OTC) in California, started in 1990. Today, OTC is moribund but in 1999 OTC was a very viable company that sold storage solutions for the Apple Mac. OTC even had a patent for its technology. Canet could have seized OTC at that point and probably gotten fully paid. See California Code of Civil Procedure Section 1713-1724.
OTC may still have assets (such as real property) in California. The California counties do not allow online search of property records by the owner’s name. OTC’s Registered Agent is Alborz Zandian, Reza Zandian’s son by his first wife. Alborz can be subpoenaed but he has his father’s talent for evading legal service.
2. Nevada
a. Zandian owned personal property in Nevada since at least 2005.
b Zandian was a partner in a number of Nevada LLCs, most of which own property in Nevada.
Canet had 18 years to seize Zandian’s assets. Why didn’t he do it? The most likely explanation is that Canet knew that Bank Melli was the major creditor and that since Bank Melli is owned by the Government of Iran, 31 CFR §560 and Executive Order 13599 prohibited him from seizing Zandian’s property and sending the money to Iran.
Why is he doing it now?
In view of my Motion to Void Deeds and seize Zandian’s remaining property in Nevada Canet would have realized that it was now or never, and maybe no one would notice that he was committing a criminal act by violating 31 CFR §560 and Executive Order 13599.
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B. We recorded my Judgment against Zandian in the several Nevada counties where Zandian owned property. Canet failed to record his judgment.
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C. The Zandian properties that Canet proposes to seize currently have no value because Zandian dirtied the titles. He did this in response to my judgment, not Canet’s.
It would be a gross miscarriage of justice if USBC were to void Zandian’s dirty deeds because of my judgment and then give Canet priority to the proceeds of the sale of the properties.
Details
A. The French Court’s judgment against Zandian was issued April 3, 1998. Canet has had the past 18 years to come after Zandian’s assets in the U.S. but has failed to do so. Even though Chapter 15 was not added to the U.S. Bankruptcy Code until 2005 Canet could have domesticated a Judgment against Zandian in the two places where Zandian is known to have had assets: California and Nevada.
1. California
Zandian owned Optima Technology Corporation (OTC) in California, started in 1990. This document was downloaded from the California Secretary of State’s Web site in May 2009 {File: otc_2009_0527_ca.pdf} Today, OTC is moribund {File: otc_2016_0823_ca.pdf} but in 1999 OTC was a very viable company that sold storage solutions for the Apple Mac. {File: otc_1999_0423_about.pdf from the Internet Archive at www.archive.org using the search term for OTC’s Web site: www.optimatech.com} OTC even had a patent for its technology: U.S. Patent 5,666,531 Recordable CDROM Accessing System issued September 9, 1997 to Martin. {For page 1 of the patent, File: 5666531_1.pdf}
Canet could have seized OTC at that point and probably gotten fully paid. See California Code of Civil Procedure Section 1713-1724. In particular:
1716. (a) Except as otherwise provided in subdivisions (b) and (c), a court of this state shall recognize a foreign-country judgment to which this chapter applies.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1713-1724
{File: cccp1713-1724.pdf}
Canet would have known about Computer World’s connection to the U.S. because that is why Computer World went bankrupt and why Zandian was personally responsible for it. From that he would have known that Zandian was doing business in the U.S. From that he would have known about Zandian’s Optima Technology Corporation.
OTC may still have assets (such as real property) in California. The California counties do not allow online search of property records by the owner’s name. OTC’s Registered Agent is Alborz Zandian, Reza Zandian’s son by his first wife. Alborz can be subpoenaed but he has his father’s talent for evading service.
2. Nevada
a. Zandian has personally owned property in Nevada since at least 2005. The following list is by no means complete. It is just two examples:
i. Grant, Bargain, Sale Deed, recorded 2/4/2005 re Lyon County APN's: 6-052-04, 6-052,05, 6-052-06, Document No. 342193 {File: lyon_6-052-04_2005_0131_342193.pdf}
ii. Grant Deed recorded 09/25/2006 re Elko County, APN: 001-660-034, Document No. 560545
{File: elko_001-660-034_2006_0925_560545.pdf}
Canet could have seized Zandian’s properties under Nevada Revised Statutes - Chapter 17 Judgments
First there is RECOGNITION OF FOREIGN-COUNTRY MONEY JUDGMENTS (UNIFORM ACT)
NRS 17.700 - 17.790. According to this section a French judgment against Zandian is a foreign-country money judgment.
Then there is NRS 17.800. https://www.leg.state.nv.us/nrs/NRS-017.html#NRS017Sec800
NRS 17.800 Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.
(Added to NRS by 2007, 149)
{Emphasis added}
Canet’s judgment against Zandian is dated April 3, 1998. Add 15 years and we get April 3, 2013. Canet has missed his deadline to have Nevada recognize his French judgment.
b. Zandian was a partner in a number of Nevada LLCs, most of which own property in Nevada.
The LLCs include:
Gold Canyon Development LLC,
Misfits Development LLC
Stagecoach Valley Development LLC,
I-50 Plaza LLC, Dayton Plaza LLC,
Sparks Village LLC,
11,000 Reno Highway Fallon LLC,
Nevada Land & Water Resources LLC,
High-Tech Development LLC
Lyon Park Development LLC
Churchill Park Development LLC
Optima Technology Corporation (NV)
Elko North 5th Ave LLC
Reno Highway Plaza LLC
Wendover Project LLC, (as GHOLAMREZA ZANDIAN JAZI)
Big Spring Ranch LLC
For example, Sparks Village LLC owns Washoe County APN 084-140-11 (219.712 Acres). In 2005 it was purchased for $750,000. {File: sparks-village_084-140-11.pdf}.
This is a valuable property because it is next to Interstate 80 just West of Fernley and Wadsworth.
The histories of some of these LLCs are complicated and convoluted (of course). Some of it will be described in Part 3.
Canet had 18 years to seize Zandian’s assets. Why didn’t he do it? The most likely explanation is that Canet knew that Bank Melli was the major creditor and that since Bank Melli is owned by the Government of Iran, 31 CFR §560 and Executive Order 13599 prohibited him from seizing Zandian’s property and sending the money to Iran.
Why is he doing it now?
In view of my Motion to Void Deeds and seize Zandian’s remaining property in Nevada Canet would have realized that it was now or never, and maybe no one would notice that he was committing a criminal act by violating 31 CFR §560 and Executive Order 13599.
B. There is also the important matter that we recorded my judgment against Zandian in the several Nevada Counties where Zandian owns property, and Canet did not.
My recorded judgments are in File: jm_judgment_recorded.pdf Washoe County: PDF page 1; Lyon County: PDF page 10; Churchill County: PDF page 15; Elko County: PDF page 20. (We have already had Zandian’s property in Clark County seized by the Sheriff and sold at public auction.)
The evidence that Canet did not record his judgment in Nevada is in File: canet_nv_counties.pdf . Washoe County PDF page 1; Lyon County PDF page 2; Churchill County PDF page 3; Clark County PDF page 4; Elko County PDF page 5.
If Canet had acted in a timely manner he could have seized Zandian’s assets under Nevada law long before I filed my lawsuit against Zandian. Then, when I was thinking about suing Zandian, I would have seen that he did not have assets in Nevada and it is unlikely that I would have sued him, thereby saving a large amount of money in legal expenses. Isn’t that why there is a Doctrine of Laches?
This lawsuit has also taken up a large amount of my time, which is time I did not have for doing other things. I am an engineer and independent inventor. I am the named inventor on 20 U.S. Patents and also have two patent applications pending. The time that my lawsuit has taken from me represents lost opportunity to invent even more new and useful things.
C. The Zandian properties that Canet proposes to seize currently have no value because Zandian dirtied the titles.
As documented in our Motion to Void Deeds in the FJDC of Nevada Zandian dirtied the titles to his Nevada properties. When we had the Sheriff of Clark County seize Zandian’s two Clark County properties and sell them at public auction held December 9, 2014 no one showed up except for Adam McMillen who bought them for me out of the Judgment. (The Clark County properties are APN 071-02-000-005 and APN 071-02-000-013.)
{File: sheriff_clark-county.pdf}
The same thing happened in Washoe County where we had the Sheriff of Washoe County seize four of Zandian’s Washoe County properties and sell them at public auction held April 3, 2015. No one showed up except for Adam, who bought them for me out of the Judgment. (The Washoe County properties are APN 079-150-12, APN 079-150-10, APN 084-040-02, and APN 084-130-07.) {File: sheriff_washoe-county.pdf}
There are a number of Zandian properties we have not yet seized and are the subject of the Motion to Void Deeds in the First Judicial District Court of Nevada.
The basis for voiding Zandian’s deeds in our Motion to Void deeds is NRS 112.180(1)(a). As stated in our Motion to Void Deeds (Page 6, lines 1-22):
A "transfer made ... by a debtor is fraudulent as to a creditor ... if the debtor made the transfer ... [w]ith actual intent to hinder, delay or defraud any creditor of the debtor[.]" NRS 112.180(1)(a). Actual intent may be determined by considering the following factors as to whether:
(a) The transfer or obligation was to an insider;
(b) The debtor retained possession or control of the property transferred after the transfer;
(c) The transfer or obligation was disclosed or concealed;
(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(e) The transfer was of substantially all the debtor's assets;
(f) The debtor absconded;
(g) The debtor removed or concealed assets;
(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
NRS 112.180(2)(a-k). Many of the NRS 112.180(2) factors apply to Zandian's conduct. Zandian recorded fraudulent deeds in five Nevada counties and transferred 22 parcels to insiders, as defined by NRS 112.150(7), shortly after the Court denied Zandian's motion to set aside the default judgment. Through these insider transfers, Zandian retained control of the properties in question, as partly indicated in his recent emails where he states that the "vacant land in Nevada that I got as sweat equity has no value and I am planning on paying you out of other resources." See McMillen Declaration, Exhibit 26.
Zandian’s fraudulent deeds were done in response to my judgment, not Canet’s. Canet did not record his judgment in any of the Nevada counties where Zandian owned property. My judgment was the only lien recorded against Zandian in the several Nevada counties. If I had not obtained a judgment against Zandian his deed transfers would probably have been legal and unchallengeable. If I had not gotten a judgment against Zandian he would not have had a reason to dirty the titles since it has meant that he couldn’t sell his properties either.
Further evidence that Zandian’s dirty deeds were the result of my judgment is that Zandian’s dirty deeds were recorded by A+ Paralegals, 312 W. Fourth St, Carson City, NV which, according to Google Maps, is about a 2 minute walk from the law offices of Kaempfer Crowell (Zandian’s third law firm) at 510 W. Fourth St., Carson City.
One of the dirty deeds was recorded the day of the mandatory mediation meeting resulting from Zandian’s first Appeal to the Nevada Supreme Court. (lyon_521532.pdf) Lyon County Document 521532. Zandian signed it on May 20, 2014. It was recorded by A+ Paralegals on May 21, 2014 which was the day of the Mediation Meeting.
(Nevada Supreme Court Case 65205 Document 14-17653)
It would be a gross miscarriage of justice if USBC were to void Zandian’s dirty deeds because of my judgment and then give Canet priority to the proceeds of the sale of the properties.
Jed Margolin
Virginia City Highlands, Nevada
October 9, 2016
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