• Report: #727139

Complaint Review: Busca Corp

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  • Submitted: Mon, May 09, 2011
  • Updated: Sun, June 12, 2011

  • Reported By: Carlos Escalante — los angeles California USA
Busca Corp
7590 Fay Ave. Suite 506 la jolla, California United States of America

Busca Corp Ramon Toledo Arnaiz The California Appellate Court determined on May 4th 2011 that the ongoing civil case involving Ramon Toledo and Thomas Bibiyan had been based on both what it has determined to be frivolous litigation la jolla, California

*Author of original report: Ramon Toledo Arnaiz

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Thomas Bibiyan Receives Favorable Ruling In Second District Court Of Appeal Regarding Frivolous Case By Ramon Toledo

The California Appellate Court determined on May 4th 2011 that the ongoing civil case
involving Ramon Toledo and Thomas Bibiyan had been based on both what it has determined
to be frivolous litigation and malicious use of process.

In law, frivolous litigation is the practice of starting or carrying on law suits that, due
to their lack of legal merit, have little to no chance of being won.  The Court determined that Plaintiffs counsel did not undergo proper due diligence prior to initiating a claim against Mr.
Bibiyan, and therefore laid the groundwork for this favorable judgment to be brought.

Mr. Bibiyan filed a counter-claim and appeal against Ramon Toledo (also known as Ramon Alberto
Toledo and Ramon Toledo Arnaiz) in September 2010 for slander, defamation, and
malicious prosecution. The court has since determined that Case No. 07cv0695
BEN (BLM) had been issued and served based not on any tangible facts or
evidence, but rather on Plaintiffs misinformation from their own counsel
including further untenable and unsubstantiated grounds. The Courts awarded Mr.
Bibiyan $19,165,830 for damages done to his previously impeccable reputation by
Ramon Toledos persistent misuse of the California Courts, in addition to dissemination
of wholly false and defamatory press releases through national newswires.

Malicious prosecution is a common law intentional tort, while like
the tort of abuse of process, its elements include (1) intentionally (and
maliciously) instituting and pursuing (or causing to be instituted or pursued)
a legal action that is (2) brought without probable cause and (3)
dismissed in favor of the victim of the malicious prosecution.

Receiving news of the Court's judgment Robert Matthews - counsel
on record for Mr. Bibiyan - issued the following statement: 

We are proud to be announcing this judgment on behalf of
both my law firm, and my client Mr. Thomas Bibiyan. Without question, Ramon Toledos
constant misuse of California Courts has finally come to a close. The message
and precedent this serves is significant, in that it suggests to all others
that wish to abuse the court system that justice will eventually be done and
the truth shall prevail, regardless of how long it may take. Shareholders now
more than ever have the absolute moral and legal right to hold Ramon Toledo personally
responsible for the losses incurred due to his disregard for fiduciary duty and
fraudulent as well as misleading press releases.

About Thomas Bibiyan

Thomas Bibiyan -- all of 28 years of age -- is a known
philanthropist and executive producer, having donated hundreds of thousands of
dollars in aggregate to the arts and charitable foundations across the
country(including the Red Cross and Chabad of California & New York,
which remain his favorite causes). 

This report was posted on Ripoff Report on 05/09/2011 02:55 AM and is a permanent record located here: http://www.ripoffreport.com/r/Busca-Corp/la-jolla-California-92037/Busca-Corp-Ramon-Toledo-Arnaiz-The-California-Appellate-Court-determined-on-May-4th-2011-727139. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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#1 Author of original report

Ramon Toledo Arnaiz

AUTHOR: Carlos Escalante - (USA)

Ramon Toledo recently issued press regarding a default judgment found by the courts in his favor for an excess of twelve million dollars. Sadly, no one has informed Mr. Toledo that receiving a default judgment does not necessarily prove and determine guilt on an issue. In this case, an ordinary deposition was missed due to a documented and unfortunate illness, and the case simply and automatically went into default the next day.

There was no jury trial, and no actual proof of any wrongdoing was set forth nor determined by the court. Not one single modicum of evidence, public nor private, can be found to implicate Mr. Bibiyan in the false allegations set forth by the frivolous case. He is a victim of blatant malicious prosecution.
Thomas Bibiyan -- all of 27 years of age -- is a known philanthropist and executive producer, having donated hundreds of thousands of dollars in aggregate to the arts and charitable foundations across the country(including the Red Cross and Chabad of California & New York, which remain his favorite causes). When asked for comment, the self-made entrepreneur stated thus: 

"If someone sues you for looking at them funny, and you happen to be away and do not respond promptly, the case automatically goes into default. As it happens, it was indeed I who wanted a jury trial, and not Ramon Toledo, as I would have been easily exonerated of the baseless charges by a group of my peers. Without question, an appeal will be filed, and a case for slander and causing unnecessary emotional distress will be the proper and timely response. In all fairness, it is probably advisable that Ramon Toledo rather focus his time and inheritance on his ongoing tax fraud case between himself and US government (Case No. 07-60341-CIV-COHN/Seltzer.) instead of using his malicious press releases as an unimaginative diversion. " 
Prior to filing the civil suit against Mr. Bibiyan, Plaintiff Ramon Toledo(who often goes by Ramon Alberto Toledo and Ramon Toledo Arnaiz, among several other aliases) issued several complaints via counsel and threats of greenmail against Lenny Rachitsky - the CEO - and Mr. Bibiyan(never an officer nor director). Stating primarily that, if the Company were not immediately sold, that a lawsuit would soon commence. Having signed and notarized a settlement agreement, Mr. Toledo issued not one, but four press releases - incidentally through the very same newswire service - stating himself as the "Interim CEO" and determining what the corporations should do next. Shareholders - who have no doubt been hit hardest by the selfish behavior of Mr. Toledo - may report the fraud (and the unfortunate subsequent financial losses incurred) by contacting the Securities and Exchange Commission via their website at sec.gov . 

"Let's end this non-sense" Mr. Bibiyan continued , "I am sincerely extending an offer to meet with me in person for an open forum public debate regarding the transgressions and losses seen by the shareholders at the hands of Mr. Toledo over the last several years. I'm absolutely positive shareholders have grown tired of Mr. Toledo hiding behind his Personal Computer and his counsel in such a cowardly, undignified fashion all these years. All shareholders will be welcome to attend to ask questions of us at the place of Mr. Toledo's choosing. I mean look, he says that 'Busca Corp is unaffiliated' - that is a complete lie; 'Busca' translates to 'Search' in Spanish, this corrupt corporation can't hide it's deceptive ways forever. How can someone constantly insult the intelligence of shareholders like this? Further, and perhaps more to the point, his prepared statement was devoid of any genuine eloquence whatsoever. Believe me, the man does not know words like 'egregious'. He not only owes me an apology, but the shareholders of the company he so recklessly ruined with his disregard for fiduciary duty and responsibilities."

When asked for any additional comment, Thomas Bibiyan said, in closing: 

"But I digress, to be completely frank, I am at times flattered by his ongoing fascination with me, even though it has become somewhat of a smear campaign as of late. Anger can do strange things to people. Let me be clear on one final concession though: My clandestine affair with Sabine Schudel from the fall of 2006 through the summer of 2008 was, and still is, very regrettable. It was a terrible mistake. It is not something I am proud of, nor defending in any way, shape, or form. However, it certainly should not be made the grounds for a vacuous case. In the end, however, I am of the opinion that only God may truly be my judge."
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