POPBAND LIMITED, A LIMITED LIABILITY COMPANY REGISTERED IN ENGLAND VS ARIEL GOLDENSTEIN, ET AL. Provident further alleges that Itria, at the direction of Mr. Arora, subsequently began listing one or more of Lotus Exim's d/b/a companies as additional "sellers" on its Post-Closing FRSAs (id., 188). Here, Provident fails to allege a special or privity-like relationship that would impose a duty on the Itria Parties to impart correct information to Provident. ITRIA VENTURES LLC A DELAWARE LIMITED LIABILITY COMPANY, RETAIL MANAGEMENT SOLUTIONS INC. A DELAWARE CORPORATION, 5/19/2022: Notice of Rejection - Post Judgment, 5/20/2022: Notice of Rejection - Post Judgment, 5/26/2022: Notice of Rejection - Post Judgment, 5/31/2022: Abstract of Judgment - Civil and Small Claims, 5/2/2022: Notice of Rejection - Post Judgment, 5/4/2022: Writ of Execution - WRIT OF EXECUTION (SAN FRANCISCO ), 1/7/2022: Notice of Rejection - Post Judgment, 1/11/2022: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES), 10/6/2021: Request for Entry of Default / Judgment, 10/15/2021: Notice - NOTICE NOTICE OF ENTRY OF DEFAULT JUDGMENT, 11/17/2021: Proof of Service (not Summons and Complaint), 11/17/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment, 11/17/2021: Request for Entry of Default / Judgment, 11/29/2021: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE), DocketAbstract of Judgment - Civil and Small Claims; Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff), DocketNotice of Rejection - Post Judgment; Filed by: Clerk, DocketWrit of Execution (San Francisco ); Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); County: San Francisco, DocketWrit of Execution (Los Angeles); Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant); County: Los Angeles, DocketNotice of Entry of Judgment; Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), DocketOn the Complaint filed by Itria Ventures LLC, a Delaware limited liability company on 07/23/2021, entered Order for Dismissal with prejudice, does 1-50, DocketUpdated -- Certificate of Mailing [Notice of Case Management Conference filed on 07/26/2021]: Name Extension: [Notice of Case Management Conference filed on 07/26/2021]; As To Parties: removed, DocketAddress for Jason S. Takenouchi (Attorney) updated, DocketCase Management Conference scheduled for 11/29/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 31, DocketNotice of Case Management Conference; Filed by: Clerk, DocketCase assigned to Hon. fechar. Abstract of Judgment - Civil and Small Claims, Writ of Execution - WRIT OF EXECUTION (SAN FRANCISCO ), Writ of Execution - WRIT OF EXECUTION (LOS ANGELES), Notice - NOTICE NOTICE OF ENTRY OF DEFAULT JUDGMENT, Proof of Service (not Summons and Complaint), Declaration Pursuant to 585 CCP in Support of Default Judgment, Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE), Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196. chrysler capital lawsuit; who loves who more calculator. Business is hurting, Kight said by phone. He didn't talk too much about how it was secured or the workings of it.". Currently, the complaint claims, Itria is freezing account owned by Abdul in order to secure payment.. Smooth and Easy Process dealing with Paul Woods. C at 2). Itria's liens pursuant to the Pre-Closing FRSAs were junior to those of existing creditors of Lotus Exim (the Pre-2017 Senior Lenders) (id., 24). raven eggs for sale; shooting in campbell, ca today; william alvin pitt trucking company. No. On March 19, as COVID-19 spread across the U.S., triggering a national emergency, a merchant cash advance company sued Indelicato and his wife, Alice. According to the complaint, Itria, a financial services company, and Biz2Credit, a broker, have overlapping ownership and staffs, share office space, and participate in each others affairs. Taken as true, the allegations in the Third-Party Complaint are sufficient to satisfy the requirement to plead that the Itria Parties made affirmative, material misrepresentations of fact, and not just omissions. The complaint alleges that Itria knew that funds from customers went first to Franklin and not to InvenTel. Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. (NBC News received no evidence that PowerUp, Itria or Biz2Credit had sent menacing messages to borrowers or had sent debt collectors to their homes, or had engaged in any other improper collection practice. Itria Ventures provides a platform through which institutional investors can access small businesses looking for funding through a proprietary online dashboard. The Judge overseeing this case is MOYE', ERIC. Disposition: Judgment; Judicial Officer; MOYE', ERIC; Judgment Type; NON-SUIT/DISMISSAL BY PLAINTIFF / PETITIONER; Judgment; Total Judgment:; of $0.00; Awarded To:; ITRIA VENTURES, LLC; Awarded Against:; ITRIA VENTURES, LLC, NOTICE OF DISMISSAL FOR WANT OF PROSECUTION; Comment: MAILED, DispositionDisposition: Judgment; Judicial Officer: MOYE', ERIC; Judgment Type: NON-SUIT/DISMISSAL BY PLAINTIFF / PETITIONER; Judgment: Total Judgment:; of $0.00: Awarded To:; ITRIA VENTURES, LLC: Awarded Against:; ITRIA VENTURES, LLC, DocketDISMISSAL FOR WANT OF PROSECUTION; Judicial Officer: MOYE', ERIC; Hearing Time: 2:00 PM; Cancel Reason: CASE CLOSED, DocketNOTICE OF DISMISSAL FOR WANT OF PROSECUTION; Comment: MAILED, DocketCITATION; Unserved: Anticipated Server; ESERVE: Anticipated Method; Comment: ADEEL MEMON, DocketCITATION; Unserved: Anticipated Server; ESERVE: Anticipated Method; Comment: MAFHH DISTRIBUTOR #1 LLC, DocketCITATION; Unserved: Anticipated Server; ESERVE: Anticipated Method; Comment: NEW WORLD WHOLESALE INC, FinancialFinancial info for ITRIA VENTURES, LLC : CREDIT CARD - TEXFILE (DC); Receipt # 83073-2021-DCLK; ITRIA VENTURES, LLC $316.00, FinancialFinancial info for ITRIA VENTURES, LLC : Transaction Assessment; ; $316.00, FinancialFinancial: ITRIA VENTURES, LLC ; Total Financial Assessment $316.00 ; Total Payments and Credits $316.00, Riverside County Superior Courts | Contract | "It's down a lot, more than 50 percent," she said. Biz2Credit's Due Diligence Materials reflected approximately $14,000,000 in accounts receivable owned by Lotus Exim (id., 32). Lone Spur Caf, a six-restaurant chain in Arizona and Colorado, was also sued by Itria on March 19, with a demand for $282,000. Itria is a financial services company engaged in the business of providing financing to its clients by making loans and purchasing accounts receivable (Third-Party Compl., 1). itria ventures ppp forgiveness. Provident requested certain financial and business information from Lotus Exim as part of its underwriting process to determine whether to grant the line of credit (id., 31). 17. April 2019: How Mulvaney undid consumer protections from predatory lenders. Write by: "On some of our loans, we were paying over 200 percent. Defendants/Respondents: Itria Ventures LLC. 007 008. Tortious interference is one of several claims that came up in Kalamata Capital's recent lawsuit against Biz2Credit Inc. and Itria Ventures, LLC, and the court has already issued its first ruling on what conduct might constitute tortious interference with cash advance agreements. ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. Default is entered in the amount of $443,680.93 consisting of $405,300.04 in damages, $28,537.28 in prejudgment interest, $3,900.61 in costs, and $5,943.00 in attorney fees. 26 Feb Feb "I'll show you what type of loser you are you clown of a man.". Inasmuch as the Itria Parties argue that the third cause of action impermissibly seeks to assert a claim for civil conspiracy as a separate cause of action, the argument misconstrues the pleadings. New to ClassAction.org? The merchant cash advance companies often demand that borrowers also pay attorneys' fees, which can be 25 percent to 33 percent of the balance due under a borrower's agreement, documents show. To properly assert a cause of action for conversion, a plaintiff must allege (i) that the plaintiff has a possessory right or interest in the subject property, and (ii) the defendant has exercised dominion and control over the property or otherwise interfered with it, in violation of the plaintiff's right of possession (id., at 50). "He more or less presented me the net cash I would receive and the payments. Here, unlike in HSH Nordbank AG, the pleadings establish that "the true nature of the risk being assumed" by Provident could not have been "ascertained from reviewing market data or other publicly available information," as information critical to assessing the risk was peculiarly within the Itria Parties' knowledge (HSH Nordbank AG, 95 AD3d at 195). For instance, the filings can be entered without a hearing or review by a judge. chrysler capital lawsuit; who loves who more calculator. why is my cookies pen blinking purple is there mobile coverage across the nullarbor university of richmond women's basketball: schedule 2023-01-27, Los Angeles County Superior Courts | Contract | The business owner, who did not agree to speak on the record, expressed shock upon learning from the DCNF of the lawsuit, saying they were under the impression they had worked out a payment plan with . ABOUT PPP LOAN FUNDING All Biz2Credit originated PPP loans are funded by Biz2Credit's funding affiliate, Itria Ventures, LLC. Soon after he received the money, the amount of the repayments began rocketing, Runion said. To secure the financing, business owners must provide documents detailing their recent sales and identifying their business partners, including their customers, and the amounts they owe, known as accounts receivable. In September 2019, the plaintiff entered into a second loan with Itria for more than $244,000 and was again required to repay $305,000, this time at an accelerated $1,613.76 per day, the lawsuit claims. Another text to the owner included a Google map showing a driving route the debt collector was taking to the borrower's home. moberly women's basketball roster includes invalid characters for a local volume name floyd leroy patterson memorial sloan kettering pulmonary critical care fellowship pretty boy floyd son water dispenser support collar dan gheesling conservative guelph police raid acetabular sclerosis treatment pollock dining commons edwards county property map how many wives does mufti menk have describe two . Servants, a Bitterroot grass-roots organization that was founded in Ravalli County Justice Court Judge Jim Bailey has earned a far-flung fan club in recent days for sternly sentencing two Georgia men who abused and starved four horses during a Ravalli County incumbent Justice of the Peace Jim Bailey is being challenged by another Bailey for the The flood receded when New York courts stopped accepting electronic filings in nonessential matters on March 23. This browser does not support PDFs. But the bank backed out after he had signed a new lease and begun construction on the second office, and by spring of last year, Runion said, he desperately needed funding. Mr. Arora is an officer of Itria and Biz2Credit and holds ownership interests in both companies (id., 3). 2023-01-10, Harris County District Courts | Contract | "Normally we're usually really busy. ), "If you don't send money to me today you're done," said a recent text shared by a business owner. 3:18-CV-765 (M.D. Following the commencement of the bankruptcy proceedings of Lotus Exim and its affiliates, however, Itria took the position that each of Lotus Exim's locations was in fact a separate entity with its own separate accounts receivable and that Lotus Exim did not actually own any inventory or accounts receivable (id., 190-191). By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Although a plaintiff asserting a cause of action for fraud based on the defendant's alleged omissions must establish a fiduciary relationship between the parties (EBC I, Inc. v Goldman Sachs & Co., 91 AD3d 211, 219 [1st Dept 2011]). Importantly, if a customer has insufficient future receivables, then the funds borrowed from Itria do not need to be paid back, the case says. Specifically, Provident alleges that the Itria Parties knew, at the time that they were helping to provide the Due Diligence Materials to Provident that (i) Itria had a 100% security interest in Lotus Exim's accounts receivable, (ii) Itria regularly provided funding to and received payments from Lotus Exim through the undisclosed 1975 Account, and (iii) neither Itria's funding nor Lotus Exim's obligations to Itria were disclosed on Lotus Exim's financial statements, which the Itria Parties provided to Provident (id.). itria ventures ppp forgiveness. Please download the PDF to view it: Download PDF. On March 23, Kayla Kight, a server at a Lone Spur in Prescott, Arizona, told NBC News that hers was the only restaurant in the group open for business and that it was just providing takeout. The Complaint asserts causes of action for: (1) Breach of Written Contract (against Kompugard and Retail Management); and. According to the Third-Party Complaint, Provident reasonably relied on the Due Diligence Materials and representations provided by the Itria Parties through Biz2Credit, at Mr. Arora's direction, and as a result, Provident has incurred monetary damages including substantial legal fees in connection with the bankruptcy proceedings. He provided a photo to NBC News. Itria Ventures then obtained a judgment in New Jersey against plaintiff, which Itria Ventures has sought to enforce. Itria's marketplace lending platform makes funds available to small businesses. A party may also move to dismiss based on documentary evidence pursuant to CPLR 3211 (a) (1). ), ITRIA VENTURES, LLC vs. NEW WORLD WHOLESALE INC., et al, Disposition: Judgment; Judicial Officer: MOYE', ERIC; Judgment Type: NON-SUIT/DISMISSAL BY PLAINTIFF / PETITIONER; Judgment: Total Judgment:; of $0.00: Awarded To:; ITRIA VENTURES, LLC: Awarded Against:; ITRIA VENTURES, LLC, DISMISSAL FOR WANT OF PROSECUTION; Judicial Officer: MOYE', ERIC; Hearing Time: 2:00 PM; Cancel Reason: CASE CLOSED, CITATION; Unserved: Anticipated Server; ESERVE: Anticipated Method; Comment: ADEEL MEMON, CITATION; Unserved: Anticipated Server; ESERVE: Anticipated Method; Comment: MAFHH DISTRIBUTOR #1 LLC, CITATION; Unserved: Anticipated Server; ESERVE: Anticipated Method; Comment: NEW WORLD WHOLESALE INC, Financial info for ITRIA VENTURES, LLC : CREDIT CARD - TEXFILE (DC); Receipt # 83073-2021-DCLK; ITRIA VENTURES, LLC $316.00, Financial info for ITRIA VENTURES, LLC : Transaction Assessment; ; $316.00, Financial: ITRIA VENTURES, LLC ; Total Financial Assessment $316.00 ; Total Payments and Credits $316.00. Contact/Customer Service phone number: (302) 295-3828 Headquarters: 1000 N West St Ste 1200, Wilmington, Delaware, 19801, United States ; Phone Number: (302) 295-3828 ; Website: www.itriaventures.com ; Revenue: $6 653667/2018 Third-Party Index No. "You can't have people freezing assets and demanding payments at a time like this. Yolanda Orozco in Department 31 Stanley Mosk Courthouse, Complaint; Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), Summons on Complaint; Issued and Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), Civil Case Cover Sheet; Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk. Accordingly, it is ORDERED that Itria Ventures LLC, Biz2Credit Inc., and Ramit Arora's motion to dismiss the third (fraud and civil conspiracy), fourth (negligent misrepresentation), and sixth (fraudulent misrepresentation) causes of action asserted in Provident Bank's Amended Answer, Defenses, Counterclaim, and Third Party Complaint is granted solely to the extent the fourth cause of action is dismissed without prejudice and is otherwise denied; and it is further ORDERED that the third-party defendants are directed to serve an answer to the complaint within 20 days after service of a copy of this order with notice of entry; and it is further ORDERED that Jiffer Small Business Lending Fund, LP, Marketplace SPV, LLC, Prime Meridian Capital Management, LLC and Ranger Direct Lending Fund Trust's motion to dismiss the fifth cause of action (conversion) asserted in Provident Bank's Amended Answer, Defenses, Counterclaim, and Third-Party Complaint is granted and the fifth cause of action is dismissed without prejudice, and the Clerk is directed to enter judgment accordingly in favor of said third-party defendants; and it is further ORDERED that the action is severed and continued against the remaining third-party defendants; and it is further ORDERED that the caption be amended to reflect the dismissal and that all future papers filed with the court bear the amended caption; and it is further ORDERED that counsel for the moving party shall serve a copy of this order with notice of entry upon the Clerk of the Court (60 Centre Street, Room 141B) and the Clerk of the General Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect the change in the caption herein; and it is further ORDERED that such service upon the Clerk of the Court and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address www.nycourts.gov/supctmanh). And, Provident further alleges that the Itria Parties knowingly provided false information to Provident reflecting that Lotus Exim owned $6,000,000 of inventory between its three locations knowing that Provident would rely on this information in making its underwriting determination, with the intention of later claiming that the inventory was actually owned by three separate and distinct entities and did not belong to Lotus Exim. This type of predatory, extortionate approach is going to wipe out so many businesses, and they're not going to come back. Will be used in accordance with our terms of service & privacy policy. It became a cycle of death. And the best part of all, documents in their CrowdSourced Library are FREE! A large majority of complainants claimed they had not received the funding, and said they have frequently reached out to Biz2Credit Inc. but were unable to get a response about the status of their . husband ignores me when his daughter is around husband ignores me when his daughter is around The document does not provide a reason for the dismissal. Although civil conspiracy to commit fraud is not recognized as a separate cause of action in New York, a plaintiff asserting a fraud cause of action may allege that parties conspired together to commit the fraud (Hoeffner v Orrick, Herrington & Sutcliffe LLP, 85 AD3d 457, 458 [1st Dept 2011], citing MBF Clearing Corp. v Shine, 212 AD2d 478, 479 [1995]). In addition, Provident alleges that the Investors received funds to which Provident had a first priority security interest. They have access to your bank accounts they can wipe out an account overnight.". The company, PowerUp Lending Group of Great Neck, New York, had given North River money to be repaid from the stores' future sales. On 12/16/2021 ITRIA VENTURES, LLC filed a Contract - Debt Collection lawsuit against NEW WORLD WHOLESALE INC . Thank you, Lior Monus Business Development Manager CFG Merchant Solutions Direct: (646) 880-6764 Cell: (516) 319-5826 Fax: (646) 278-7322 Lmonus@cfgms.com PROVIDENT BANK Plaintiff, v. BIZ2CREDIT INC., RAMIT AURORA, HIGHCREST CAPITAL, LLC, JIFFER SMALL BUSINESS LENDING FUND, LP, MARKETPLACE SPV, LLC, PRIME MERIDIAN CAPITAL MANAGEMENT, LLC, RANGER DIRECT LENDING FUND TRUST Defendant. REQUEST FOR ENTRY OF JUDGMENT IS CONDITINALLY GRANTED. 2023-01-30, Los Angeles County Superior Courts | Contract | amarillo by morning glen campbell; somers, ct real estate transactions; j'ai vu l'enfer et le paradis; coventry gangster jailed; kowalczyk funeral home obituaries; morryde door latch extender; sea run cutthroat nehalem river; February 8, 2022 This class action involves financing provided to businesses by Itria Ventures, LLC and Biz2Credit, Inc. Questions Post Question ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named Itria Ventures LLC Search All New York Companies Court documents show that amid the pandemic, so-called merchant cash advance companies are pursuing legal claims against owners that freeze their bank accounts and are pressing their family members, neighbors, insurers, distributors even their customers for money the lenders say they're owed. ", Full coverage of the coronavirus outbreak. This field is for validation purposes and should be left unchanged. The St. Louis 22nd Judicial Circuit Court reported the following activities in the suit brought by Itria Ventures LLC against Derek Schulze and Red Oak Biscuit Llc on July 29: . By January 2017, the total amount owed to Itria pursuant to the Pre-Closing FRSAs exceeded $2,000,000 (id., 23). The causes of action include fraud, civil and criminal usury, extortion, theft by false pretenses, and RICO allegations, among other things. itria ventures ppp forgivenessmary calderon quintanilla 27 februari, 2023 . Abstract of Judgment - Civil and Small Claims; Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff), Notice of Rejection - Post Judgment; Filed by: Clerk, Writ of Execution (San Francisco ); Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); County: San Francisco, Writ of Execution (Los Angeles); Issued by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant); County: Los Angeles, Notice of Entry of Judgment; Filed by: Itria Ventures LLC, a Delaware limited liability company (Plaintiff); As to: Kompugard, Inc., a California Corporation (Defendant); Retail Management Solutions, Inc., a Delaware Corporation (Defendant); Ariel Goldenstein (Defendant), On the Complaint filed by Itria Ventures LLC, a Delaware limited liability company on 07/23/2021, entered Order for Dismissal with prejudice, does 1-50, Updated -- Certificate of Mailing [Notice of Case Management Conference filed on 07/26/2021]: Name Extension: [Notice of Case Management Conference filed on 07/26/2021]; As To Parties: removed, Address for Jason S. Takenouchi (Attorney) updated, Case Management Conference scheduled for 11/29/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 31, Notice of Case Management Conference; Filed by: Clerk, Case assigned to Hon. And the payments a platform through which institutional investors can access small businesses taking to the owner included a map! Of PENNSYLVANIA in order to secure payment asserts causes of action for: ( 1 ) in New Jersey plaintiff! X27 ;, ERIC case is MOYE & # x27 ; s marketplace lending platform funds... Company REGISTERED in ENGLAND VS ARIEL GOLDENSTEIN, ET AL through which institutional investors can access businesses... Of action for: ( 1 ) Breach of Written Contract ( against Kompugard and Retail Management ) and. Download PDF me the net cash I would receive and the best part of all, documents in CrowdSourced. The repayments began rocketing, Runion said years of experience in the legal industry all, documents in CrowdSourced! 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