Civil suit against Nemees proceeds New owners want water pump returned

By Joel Metzger |The Calaveras Enterprise I Posted: Tuesday, January 29, 2013 8:54 am

In a ruling announced last week, Calaveras Superior Court Judge John E. Martin allowed two parts of a civil lawsuit filed against Mike and Michelle Nemee, former owners of Trinitas golf course, to move forward – an accusation of trespassing and conversion.

Conversion is any unauthorized act that deprives an owner of personal property without his or her consent.

“We are allowed to go forward at this point, which means there is no more slowing down by way of a demurrer,” said Kent Tierney, the plaintiff’s lawyer, adding a demurrer is an objection that an opponent’s point is irrelevant or invalid. “They are trying every legal maneuver to slow us down. All we want is to get into court to tell our side.”

Lance and Renee Dami, who are suing the Nemees, own 160 acres that were part of property formerly owned by the Nemees, who built Trinitas golf course and later lost the land in Chapter 7 bankruptcy.

Trinitas was built on agricultural land outside Wallace without proper permits and was twice ruled unlawful by the Calaveras County Board of Supervisors.

In court, the Damis looked frustrated as the Nemees’ lawyer argued they had no right to water pumps, worth more than $300,000, that the Damis claim the Nemees removed from the property before vacating

“Really, in our complaint we say the Nemees went onto our property unlawfully and removed several items, including the large pump,” Tierney said. “We would like it to be the way it was when we purchased it. The pump being put back and operating and other items returned. That would be perfect.”

If the Damis are successful in court and the pump is not able to be returned, Tierney said his clients would accept monetary compensation for the missing items.

A bank foreclosed on the Nemees’ properties in 2009. However, Trinitas declared bankruptcy shortly after that, which effectively delayed any foreclosure auction until last year.

Earlier this month, San Andreas Attorney David Singer appeared on behalf of Nemee attorney Ken Foley at the hearing.

He said the Damis had no right to pursue a claim on the property at this time, noting they knew of the bankruptcy and should have pursued this matter in bankruptcy court.

“The Damis were obviously aware of the bankruptcy and failing to pursue that avenue of regress does not mean they can bring it to the state court,” Singer said.

Tierney took issue with Singer’s statement.

“The defendants are trying to hide behind the bankruptcy to hide what is clearly not part of the bankruptcy. Fixtures and pieces of that property were basically,” he searched for the appropriate word, “taken from that property.”

“Now they are trying to say all of that was covered under the bankruptcy because the discharge happened later in time. I don’t believe the code covers that type of action.”

Tierney likened the Nemees’ position to a homeowner losing a house to foreclosure. He said it was as though the homeowner stripped the house of its cabinets, appliances and everything else inside before leaving.

“That doesn’t make much sense to me,” he concluded.

In four of the six causes of action brought by the Damis, Judge Martin upheld demurrers filed by Foley.

“He sustained their demurrer on a couple causes of action and he overruled their demurrer on the first two causes of action,” Tierney said.

As of Monday morning, another court date had not been set in this case. Foley’s office must respond to Martin’s ruling soon, at which time another court date will be set.