• Report: #566935

Complaint Review: Exile Restaurant Group, LLC

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  • Submitted: Tue, February 09, 2010
  • Updated: Thu, March 04, 2010

  • Reported By: Edward — Phoenix Arizona United States of America
Exile Restaurant Group, LLC
17813 N. 1st Avenue Phoenix, Arizona United States of America

Exile Restaurant Group, LLC Pierre Moran Fraud, Misrepresentation, IP Theft Phoenix, Arizona

*Author of original report: Exile Restaurant Group/Pierre (Peter) Moran, Bob Tam

*Consumer Comment: No difference.

*REBUTTAL Owner of company: The truth about Jon Graham

*Author of original report: Additional Information

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Exile Restaurant Group, LLC and its representatives, including Pierre Moran, were sued for fraud, misrepresentation, intellectural property theft, in addition to other charges. They were found liable (Maricopa County Justice Courts, Arrowhead Justice Court, Case #CC2009402525).  They lost judgment and were ordered to pay the plaintiff damages.  They are doing everything in their means not to pay the judgement. 


Anyone considering doing business with this company, or these individuals, should be very careful and consider other options. 


This report was posted on Ripoff Report on 02/09/2010 03:52 PM and is a permanent record located here: http://www.ripoffreport.com/r/Exile-Restaurant-Group-LLC/Phoenix-Arizona-85023/Exile-Restaurant-Group-LLC-Pierre-Moran-Fraud-Misrepresentation-IP-Theft-Phoenix-Arizo-566935. 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.

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REBUTTALS & REPLIES:
2Author 1Consumer 1Employee/Owner
Updates & Rebuttals

#1 Author of original report

Exile Restaurant Group/Pierre (Peter) Moran, Bob Tam

AUTHOR: jgphx - (United States of America)

I, reiterate, anyone considering doing business with Exile Restaurant Group, or it's representatives--Pierre (Peter) Moran, or Bob Tam, do your homework, check backgrounds and do so at your own risk.  I will not respond any further to their "fantasy rebuttals," but suffice it to say that if, indeed, they are legitimate, there should be a large pool of references from which to obtain feedback.  On the other hand...

I am available to speak to anyone regarding direct interaction with these people, the case they lost against Satara, as well as any information I have pertaining to other lawsuits moving forward against them.

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#2 Consumer Comment

No difference.

AUTHOR: Flynrider - (USA)

"Our company could not make it to small claims court because we had other things to work on. Unlike his claim that I our company was found liable, we lost because we were unable to be present at court and not because the facts stated that we were guilty."

  If you don't bother to show up, the judgement goes against you.  Same as if you showed up and could not persuade the judge that you were in the right.  There is no innocent or guilty, just a judgement, which in this case was in favor of your opponent.

 

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#3 REBUTTAL Owner of company

The truth about Jon Graham

AUTHOR: Pierre - (United States of America)

This claim was not made By edward but by a guy that is just looking for a way to make a quick buck and is upset because he did not get his way. Our company could not make it to small claims court because we had other things to work on. Unlike his claim that I our company was found liable, we lost because we were unable to be present at court and not because the facts stated that we were guilty. The following is the exact letter that was sent into the court and to Jon Graham so people can make there own opinion about the situation. Jon graham was protested against by former employee's for non payment and has a bad track record which is availible on public records by checking the Maricopa County records which are online. The case is soon to be review and I can see the out come changing as soon as the facts are stated... please read the following:



Pierre ******- Member/Manager



Bob ***-Member



****-Member



*************



*************



Exile Restaurant Group LLC



******** Ave           



Phoenix, AZ *****



 



 



My name is Pierre ***** and I speak in behalf of Exile Restaurant Group LLC and its members. On the day of July 3rd 2009 I received a certified letter for a court summons for small claims court and the following is the Defendants Answer in behalf of Exile Restaurant Group LLC. Exile Restaurant Group LLC referred to as Exile for all intents and purposes in the following. Mr. Jon M Graham will be referred to as Graham for all intents and purposes in the following. The restaurant Satara Thai Cuisine for which Exiles provided consulting services will be referred to as Satara for all intents and purposes in the following.



  Attached to the summons was a piece of paper that made a claim Exile is liable and that Mr. Jon M Graham is seeking the maximum allowed suit as allowed by Maricopa County Justice Courts, Small Claims Court $2,000. It stated the following reasons:



1.       Fraud



2.       Misrepresentation



3.       Theft of Intellectual Property



4.       Breach of Contract/Non- Performance



5.       Outstanding Food/Beverage Bills



 Exile contacted Graham at his restaurant Satara on Monday April 27th 2009 over the phone, at that time and after a brief conversation, Graham agreed to set a meeting with Exile at Satara on the day of Monday May 4th at 2:00pm with Mr. ***** and Mr. ***. Upon arrival, Graham and Mr. *****/Mr. *** conducted a formal sit down meeting to discuss the services that Exile was able to provide to Grahams struggling restaurant. Exile proceeded to conduct an assessment of the scope of work that needed to be done to advise Jon on how to potentially improve the health of his business Satara. Exile also discussed the mechanic and other liens on the property Satara. During the preliminary assessment many questions were asked to Graham about his business and what he thought his needs were. These are some of the relevant documented things that Graham said during the meeting on May 4th 2009:



         Is a night club owner is Asia



         The  size of the restaurant Satara was est. 3,100 square feet



         5-5-5 year lease term NNN(triple net)



         Liens were being paid



         Everything is financially fine with Satara and Grahams overall financial situation



         Felt his concept may not be approachable on the west side of town (Peoria)



         Restaurants monthly gross revenue $45,000



         $200,000 in debt and in no rush to pay



         Good relationship with vendors and employees



         Interested in improving Satara and growing sales along with quality of food



 Based on the what Graham stated Exile felt that working with Graham we would be able to Advise him on how to better fine tune the brand, implement systems, evolve the food and improve the general knowledge of Graham and his employees. At the conclusion of the meeting on May 4th 2009 Graham agreed to meet later that week with Exile on Thursday May 7th 2009 to present his decision to contract Exile to provide consulting services for Satara. On Thursday May 7th between Graham and Mr. *****, which at that time Graham was presented a Confidential Non-Disclosure Agreement and Mr. ***** read through and explained to Graham, which then he proceeded to fill out, initials three times, fill all the required information, dated and signed as he also did with Restaurant consulting proposal contract. Graham was then given copies of the agreements and work began on Friday May 8th 2009. During the time that Exile provided consulting services for Graham/Satara many of the information that Graham provided to Exile early on proved to be false and his situation including that of the restaurant Satara proved to be in dire need of restructuring and investment of capital. Contrary to what Graham states Exile feels that we never misrepresented ourselves in any way, shape or form and in over 2 years of investing, operating and providing consulting services Exile have never been accused of any allegations like the claims that Graham is making. Exile is proud of our team members and collective talents that we bring to our restaurant and clients. Graham mentioned our capitalization is of our companys assets and something that was mentioned in non work related conversation with Graham so Exile would like to insist that this comment has absolutely no relevance in anything pertaining to Grahams Small Claims Court.



 Exile was stated on the contract that would provide 40 hours a week worth of consulting services for 30 days and Exile went above and beyond to attempt to provide the best advice/service as possible for Graham and Satara but many factors out of the control of Exile corrupted the process. The consulting contract clearly states the scope of service that we planned on providing and Graham knowingly signed it which eliminates liability from Exile. Graham states that Exile failed to provide computer system as agreed I challenge Graham to in any way find and prove in the consulting agreement that he signed where Exile agreed to do so. Exile as a favor to create better organization and systems programmed micros POS E7 and trained the staff at Satara on its use. Grahams claim against Exile is just an obvious attempt to slander by saying things like the office is nothing more than a run down house in phoenix which is not the case at all. I am not sure that where our mail gets delivered to has to do with the issues at hand which are Grahams (the plaintiffs):



         Lack of business etiquette



         Inability to pay bills on time because of over spending on living outside of his means



         Liens on the property because failure to pay every one from the GC to the company that made the signage for Satara



         Inability to maintain staff because of the inability to pay them on time and know pay days according to state labor laws



         Inability to stock and order wine because companies will not accept checks because of numerous bounced checks written by Graham which Exile can prove in court



         Dishonesty of scope issues that needed to be dealt with



         Lack of organizational skills



         Lack of leadership



         Lack of follow through






         Backed property rent payments



         Pending lawsuits against Graham from people that he swindled



         Pending civil cases for non payment of employees



         Lack of paying state or other taxes which will compound the situation at Satara



         Arizona State Liquor board violations on file



         The writing of so many bad check that the bank sent Graham a letter stating that it was getting to the point of being criminal



 There are many more facts that can be stated about Graham but the fact of the matter is that we are at this point because Exile made a choice to dissociate and default Graham because of:



         Emails asking to sit on the check for a few days meaning do not deposit because of lack of funds



         The consulting contract Graham signed stated a payment of $600 to be billed biweekly which the correct amount was never paid and Exile has bank copies of the checks for $500 which means he was in non compliance/breech of the contract



         A returned check NSF for $500 for payment owed to Exile which is when Exile met with Graham to explain the severity of the situation not only with Exile but overall how he needed to create positive change



         Not following through with everything from calling POS tech support, paying vendors and many other things



         Illegally funneling money through the Satara bank account



         Stealing from his employees to maintain his unsustainable lifestyle



 Exile could do what Graham is attempting and slander but our company chooses to state facts that can be proved with written statements, legal documents, returned check and anything that the court would need to verify how Graham is the fraud and just trying a sad attempt to use the court system to continue to rip people off. A prime example is a lady that is suing Graham for fraud and theft of $75,000 besides other things out of New Mexico which is willing to be present in Exiles court date. Jon has judgments against him out of South Dakota, California, Arizona and the list goes on with more pending. Unlike Grahams attempt to slander we mention these facts about Graham to show his character and true intentions. The claim running up of food and beverage bills is just another attempt to slander Exile for personal gain. Graham stated the theft of intellectual property (recipes) which we challenge because of the fact that Mr. ****** of Exile redesigned the menu completely and therefore Satara has no ownership, also because of the fact that Graham should refer to the Confidentiality/non-discloser agreement he signed which gives ownership of anything created by Exile team members to Exile and was not intended to hold exile liable for anything. In essence Graham and Satara are illegally in possession of intellectual property belonging to Exile. Also Exile has not used and has no need to use any of the menu that was created moving forward as all restaurants are unique. Graham has continued to use the following things that Exile advised Graham to implement:



         The completely new menu items on the menu that were developed by members of Exile



         Dinner menu designed and developed by Exile



         Desert menu designed and developed by Exile



         Front of the house redesign



         Lunch menu designed and developed by Exile



         Order of service



         Organization of back logged invoices



         Preliminary book keeping services



         Programmed POS



         infusing alcohol



         Face book, MySpace, twitter and an entire marketing strategy



         Staff flow and training



         New layout of kitchen equipment for better flow and effentaincy



 There are many more things to be said about this claim that Graham is making and Exile and its members looks forward to the opportunity to expose the truth. The word consultant means a professional who provides advice in a particular area of expertise. It does mean someone or company that can save a client that cant heed advice or understand that honesty, accountability and all the things relating business ethics are what will equal long term success. Graham feels that Exile did not accomplish 80% of our task so we challenge him to prove it. Exile could file a counter suit but the members prefer not to have any involvement with the plaintiff and have no interest in his money. Graham used exile to help improve his restaurant and when he could no longer pay, this is the route that he chose to take by filing a small court claim. Exile is not guilty and is looking forward to the day in court that we can present our case.


Pierre Moran



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#4 Author of original report

Additional Information

AUTHOR: jgphx - (United States of America)

Public records show Pierre's legal name to be Peter.

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