CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17

Discussion in 'Trials' started by Tricia, Jan 9, 2019.

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  1. la2cabo

    la2cabo Well-Known Member

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    I'm wondering if the 2 lawsuits were against EIP for undelivered product(s)? I searched public records and found no law suits corresponding to the time frame of the sale.
     
  2. Mony Mony

    Mony Mony Well-Known Member

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    I have a hard time with "DK illegally sold the business". What was DK getting paid off for? I thought he owned the domain name or something. And how could he sell something he doesn't own?

    Is it something like a couple is divorcing, the husband dies before changing a will? Joey had not finished DK off before he died.

    I am not debating whether it was moral/ethical/wrong, etc. I am only wondering about the legality of it.

    I couldn't find any business license records or who owned the domain name.
     
  3. Mony Mony

    Mony Mony Well-Known Member

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    By DK adding the liabilities, it tells me his name was somewhere on those business records and did not want the creditors coming after him for payment.
     
  4. mrjitty

    mrjitty Well-Known Member

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    Quite possibly - or from unpaid suppliers

    They might be small claims and could be filed out of state (e.g. customers)
     
  5. oceanblueeyes

    oceanblueeyes Well-Known Member

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    Ah, that's a great point, MM. DK would have had to be listed on the business records, and had some kind of liability. I agree.

    Imo
     
  6. mrjitty

    mrjitty Well-Known Member

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    Yes - but this is fairly standard in selling a business.

    There will be a whole gamut of stuff like suppliers, customers, tax, hosting etc etc

    As usual the defence examination was high on innuendo and low on content
     
  7. mrjitty

    mrjitty Well-Known Member

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    Joey ran a limited company I think? But I am not sure if DK created one.

    In any event the defence spectacularly failed in their efforts to imply DK "received 100K" or anything like that number

    There was nothing in testimony to indicate that the liabilities were not incurred in the ordinary course of business.

    And certainly nothing to indicate we were talking 6 figures

    Shame the defence don't call the proper witness ;)
     
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  8. Karinna

    Karinna Well-Known Member

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    (quote)
    "I actually transferred it (the money) to myself with Mike's knowledge," he said. "None of that money went to me. That money went to vendors, welders and manufacturers."

    "Mike and I and his mom tried to salvage and run the business that we had built for a long time," Kavanaugh said.

    But without Joseph McStay at the helm, the business would eventually fold.

    In July 2011, Kavanaugh ended up selling McStay's business, Earth Inspired Products, to two individuals named Matthew Schneider and Joaquin Quintero, according to court records.

    The sale of Earth Inspired Products and the subsequent creation of a corporation called Water Feature Supply, Inc. resulted in a lawsuit being filed in February 2012 in San Diego Superior Court (case # 37.2012-00092477).

    The lawsuit detailed ownership disputes between the plaintiffs, Schneider and Quintero, and another party named Patrick Maloy.

    The lawsuit was dismissed in May of 2012 and Maloy retained ownership of the Water Feature Supply domain and business.

    Joseph McStay's original web site domain name associated with Earth Inspired Products currently directs users back to McStayFamily.org.
    McStay murder mystery: Who is Dan Kavanaugh?
     
  9. mrjitty

    mrjitty Well-Known Member

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    That law suit is not the ones in the contract

    That action happened after the DK sale. The Lawyer made clear we are talking about 2 law suits filed before the sale.

    If I understand what Bobcat posted correctly, the Maloy suit happened after some kind of contractual dispute between Maloy and Schneider and Quintero post sale. It was alleged Maloy worked for Schneider and Quintero and transferred the domains to himself.

    The Court sided with Maloy, stating that it was a contractual dispute which needed to be litigated

    ETA: I am aware Schneider/Quintero/Maloy is some kind of giant online rathole, but i just don't see what it has to do with the murders in 2010
     
    Last edited: Apr 24, 2019
  10. la2cabo

    la2cabo Well-Known Member

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    With small claims court the suit needs to be filed in the same county where the business and/or owner reside. I searched several counties and several names and found nothing.
     
  11. mrjitty

    mrjitty Well-Known Member

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    OK - I was not sure about that

    Sometimes with internet purchases, the claimant will try to file in their own jurisdiction

    The claimant might also be a larger entity - e.g did EIP have credit cards etc?

    I can imagine Joey's death led to various defaults and claims
     
  12. Karinna

    Karinna Well-Known Member

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    No worries, thanks for the correction.
    And agree with what you say about the rathole, and any relevance to the murders.
     
  13. mrjitty

    mrjitty Well-Known Member

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    As usual the defence haven't bothered to establish any of the baseline facts for the allegation

    yet such evidence could be produced in Court

    Some pretty basic things would be the ownership of the domain and the website
     
  14. Karinna

    Karinna Well-Known Member

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    Wonder if they will elaborate further on the issue? Maybe DK will be a witness called to testify?
     
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  15. mrjitty

    mrjitty Well-Known Member

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    I have been thinking about the gameplay of calling DK and wonder if it unleashes what chess players call a "desperado"

    In the analogy, DK is a defence witness who will be hung out to be smeared for quadruple homicide. As he is not on trial, he cannot call any witnesses or evidence to protect himself. He will have to sit there and soak up the damage to his reputation.

    BUT

    In his Evidence in Chief, DK will have unrestricted opportunity to unload on the defendant. AND he will have every reason to do so, especially if he did the murders, but also if he didn't. In this sense he will be a pure desperado with everything to gain and nothing left to lose.

    Assuming Chase isn't testifying, the defence has no way to parry stuff DK might testify to - e.g. during their post disappearance raids on Joeys finances.

    So as a motivated desperado, one can imagine DK won't hold back on imagined or real testimony that hurts Chase badly.
     
  16. mrjitty

    mrjitty Well-Known Member

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    Personally I also believe the gameplay shows why DK didn't do the murders

    If he did, he would be the centrepiece of their defence
     
  17. la2cabo

    la2cabo Well-Known Member

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    I would love to hear DK on the stand ripping Merritt a new hole. That would be a thing of beauty. ;)
     
  18. Karinna

    Karinna Well-Known Member

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    Ha, i don't play chess but i think the desperados in this case are the DT, and the witnesses they have called so far seem to be helping the PT, because as far as i can tell what have they actually proven? All IMO of course.
     
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  19. Karinna

    Karinna Well-Known Member

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    I can only imagine, :)
     
  20. Tortoise

    Tortoise Well-Known Member

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