kelly warner pllc - washington post: breaking … 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 229 8...

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KELLY / WARNER, PLLC 8283 N. Hayden Road, Suite 229 Scottsdale, Arizona 85258 Daniel R. Warner, Esq. (AZ Bar # 026503) Email: [email protected] Aaron M. Kelly, Esq. (AZ Bar # 025043) Email: [email protected] Tel: 480-331-9397 Fax: 1-866-961-4984 Attorneys for Plaintiffs

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

NICHOLAS J. GOTTUSO, an individual; MODIFIED MORTGAGE SOLUTIONS, INC. a California Corporation, Plaintiffs, v. HOWARD MARKS; JOHN DOES I-X; JANE DOES I-X; ABC PARTNERSHIPS I-X; DEF LIMITED LIABILITY COMPANIES I-X; and XYZ CORPORATIONS I-X,

Defendants.

NO. CV2015-009393

STIPULATED ORDER FOR PERMANENT INJUNCTION

Pursuant to stipulation of the Parties, and good cause appearing therefore, IT IS

ORDERED, ADJUDGED AND DECREED that:

1. Plaintiffs are awarded a permanent injunction against Howard Marks

(“Defendant”) enjoining Defendant from publishing false and defamatory statements

concerning Plaintiffs;

2. Defendant and/or Defendant’s agents, affiliates, and/or other

person/entity assisting or enabling Defendant’s publication of the below-referenced

Content (collectively “Defendant’s Agents”), shall immediately remove from all

websites, search engines, forums, blogs, lists, social media sites, and/or other forums

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of mass communication (collectively “Forums”), all negative statements, material,

and/or information pertaining to Plaintiffs and/or any agent/affiliate thereof (the

“Content”), including, but not limited to, the Content located at the following uniform

resource locators (“URLs”) (which has been attached to Exhibit “A” hereto) and/or any

variations thereof, as well as any search terms and/or URLs that are related, directly

or indirectly, or would be reasonably calculated to lead, to the Content or any of the

following URLs:

http://www.ripoffreport.com/r/Nick-Nicholas-Gottuso-FRAUDULENT-BUSINESS-PRACTICES/Pasadena-California-91105/Nick-Nicholas-Gottuso-FRAUDULENT-BUSINESS-PRACTICES-Nicholas-Nick-Gottuso-Brian-Linneki-586368 3. Defendant admits that the statements made on the URL are false and

defamatory. Specifically the following statements are false and defamatory: Plaintiffs

are a “frauds”, “scam artists”, “full of lies”, “bouncing checks”, ripoff artist”, “con men”,

4. Defendant and/or Defendant’s Agents shall immediately remove from all

Forums any and all Content, references to the Content, partial references to the

Content, and/or references to partial Content, including, but not limited to, indexing

URLs, index pages, subpages, inner pages, headers, headings, title tags, H1 tags,

meta tags, deep links, navigation menus, footers, filenames, ALT text parameters,

structured data, semantic data, images, PDFs, slideshows, multimedia files, and

search suggestions;

5. As it is foreseeable that the above-referenced URLs and/or Content will

be referenced on additional webpages in the future (as a result of indexing, re-

indexing, directory development, search result pages, etc.), Defendant and/or

Defendant’s Agents shall immediately take all actions, including requesting removal

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from all Internet search engines, including, but not limited to, Google, Yahoo!, and

Bing, to remove all such webpages from the Internet;

6. To the extent Defendant and/or Defendant’s Agents are unable to remove

any Content from any Forum, Defendant and/or Defendant’s Agents shall immediately

take all reasonable actions requested by Plaintiffs to assist Plaintiffs in removing such

Content and/or having the Content rendered unsearchable;

7. Defendant and/or Defendant’s Agents shall not post any Content,

defamatory or negative material or information about Plaintiffs and/or any agent/affiliate

thereof on any Forum;

8. Defendant and/or Defendant’s Agents shall not publish (orally in writing)

any Content, defamatory or negative material or information about Plaintiffs and/or any

agent/affiliate thereof to any third party; and

9. The Court shall retain jurisdiction to the extent it is necessary to amend

this order.

DATED this _______ day of _____________, 2015.

___________________________________ The Honorable Lori Bustamante, Judge Maricopa County Superior Court APPROVED AS TO FORM AND CONTENT Dated this ___ day of September, 2015.

Howard Marks 10979 Bluffside Drive Studio City, CA 91604 Pro Per Defendant

30

1 Dated this 5th day of October, 2015. 2

KELLY/ WARNER, PLLC ,.., ~ ?"+ .)

4

5 Aaron M. Kelly, Esq.

6 8283 N. Hayden Rd., Suite 229 Scottsdale, Arizona 85258

7 Attorney for Plaintiffs

8 COPY of the foregoing filed

9 electronically on th is same date with the Clerk of the Superior Court.

10 COPY of the foregoing sent

11 Mailed on this same date to:

C\ 12 Howard Marks N N 00 I"'-

10979 Bluffside Drive •v,nC\ 13 U :::: NM ...J ::: V) C\ Studio City, CA 91604 ...J U'lOO ~ Q. • cs: C") 14 Pro Per Defendant ._ ~ C: M

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EXHIBIT A

9/21/2015 Ripoff Report | Nick, Nicholas Gottuso FRAUDULENT BUSINESS PRACTICES Complaint Review Pasadena, California: 586368

http://www.ripoffreport.com/r/Nick-Nicholas-Gottuso-FRAUDULENT-BUSINESS-PRACTICES/Pasadena-California-91105/Nick-Nicholas-Gottuso-FRAUDULEN… 1/7

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Report: #586368

Complaint Review: Nick, Nicholas GottusoFRAUDULENT BUSINESS PRACTICES

Submitted: Sat, March 27, 2010 Updated: Sat, March 27, 2010 Reported By: Howard — Montana United States of America

Nick, Nicholas Gottuso FRAUDULENTBUSINESS PRACTICES300 S. Fair Oaks Ave.Pasadena, CaliforniaUnited States of America

Phone: 8883336186Web:www.modifiedmortgagesolutions.comCategory: Loan Modification

Nick, Nicholas Gottuso FRAUDULENTBUSINESS PRACTICES Nicholas, NickGottuso, Brian Linnekins, Affiliated Capitalaka Modified Mortgage Solutions aka HCLCNick Gottuso Nick Gottuso Affiliated CapitalPartners Nick Gottuso / Modified MortgageSolutions NSF Checks and Fraud Pasadena,California Pasadena, California, Scam artist,Untrust worthy person, LIE Pasadena,California*Consumer Comment: Bad check tips

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This guy is a scam artist and full of lies and stories. Pleasebeware and don't listen to his lies and stories. he writesbad checks and they wont cash! Avoid this man at allcosts

You think an attorney would know better than this. Theytold me the way they were doing business was completelylegal, but I recently found out from the Attorney Generaland the California State Bar that this is in fact not true.When it came time to pay my company its commissions,there was always a different excuse. On one occassionthey tried to say my client's check bounced, but the clientsent me proof that it went through. On another, theyblamed it on lack of paperwork when the client clearly hadsent in all necessary paperwork. The one commissioncheck I did receive from them bounced and they refusedto make it up. If they're bouncing checks to their resellerscan you imagine what they're doing to the borrowers? Ifyou are a victim of this company I advise you to contactthe Attorney General for the State of California as he ismaking an example of those so called legal companiesthat are operating illegally.

Nick Gottuso aka Affiliated Capital Corporation akaModified Mortgage Solutions aka Brian Linnekins Attorney at Law, aka HCLC akaHome Credit Law Center aka Home Care Law Center are in the business of scammingboth borrowers and resellers (affiliates) of their services out of money. He and hisbusiness partner Brian Linnekins who is an attorney are con men and rip off artists ofthe highest caliber. I was a reseller for them unfortunately until I realized they neverintended to service my clients or pay me my commissions for getting the checks in. Ifyou're thinking about working with this company in any capacity stay as far away as youcan. First off, as of October 11th it is illegal for any business or attorney to accept feesup front for loan modifications. They get around this by saying you are paying for aForensic Review not a loan modification.

http://www.facebook.com/home.php?#!/ngottuso?ref=ts

This report was posted on Ripoff Report on 03/27/2010 10:10 PM and is a permanent record locatedhere: http://www.ripoffreport.com/r/NickNicholasGottusoFRAUDULENTBUSINESSPRACTICES/PasadenaCalifornia91105/NickNicholasGottusoFRAUDULENTBUSINESSPRACTICESNicholasNickGottusoBrianLinneki586368. The posting time indicated is Arizona localtime. Arizona does not observe daylight savings so the post time may be Mountain or Pacific dependingon the time of year.

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

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SUBMITTED: Monday, September 07, 2015

Time was when a man's word was as good as his bond. But nowadays, even thesignatures of many persons are worthless especially to retailers who are stuck withbad checks.

The key items on a check should be examined closely because they can tip off theownermanager to a worthless check. Your procedures should also include a dollarlimit on the size of checks you will accept and the type of identification necessary toback up the signature or endorsement. In addition, it is profitable to review withemployees the checks which the bank refuses to honor.

A check carries several key items such as name and location of bank, date, amount(in figures and spelled out), and signature. Close examination of such key items cansometimes tip you off to a worthless check.

Once you are satisfied that the check is okay, the question is, "Is the person holdingthe check the right person?" Requiring identification helps you to answer thequestion.

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Regardless of the type of identification you require, it is essential that you and youremployees compare the signature on the check with the one on the identification.

You should also compare the person standing before you with the photograph andor description on the identification.

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