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UPDATE March 16, 2015: This case ended as a murder/suicide. See all of our articles on the subject at this link: Did Killer Vintner Want This To Be His Investor’s Forced Confession At Gunpoint?
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North Point Winery southwest of Yountville. Lawsuit by Patio Wine and Robert Dahl says it was inappropriately named in lawsuit by Lexington Street Investments. Right-click image to enlarge.
A Napa wine investment/loan gone bad has wound up in two Bay Area Superior Courts amid a long list of charges that include fraud, usury, violations of securities law, illegal collateral sales, and failure to pay off $1.2 million: at least $800,000 of it in cash.
According to court documents filed in Napa Superior Court on Aug. 25, 2014, San Rafael-based Lexington Street Investments LLC alleges that Napa vintner and businessman Robert Dahl used a misleading private securities offering to induce him to invest funds in Patio Wine Company.
Lexington also contends that Patio — a Minnesota limited liability Corporation (LLC) — was defunct at the time of investment. Lexington is suing Dahl and two LLCs he controls for at least $11.4 million.
Lexington Street further alleges that Dahl intentionally canceled the LLC for Patio Wine then used a series of other LLCs — California Shiners, Napa Point Winery and Napa Point Brewing — to siphon their money and assets out of Patio Wine and into the Napa Point LLCs.
Dahl denies all of those allegations.
Two months before the Napa case, Dahl and Patio Wine Company LLC sued Lexington Street LLC and one of its members — Silicon Valley executive Emad Tawfilis — for usury in Santa Clara Superior Court to nullify Lexington Street’s promissory notes along with the money owed.
Court papers filed by Dahl and Patio Wine LLC on June 13, 2014, demand at least $1.345 million in damages. In his own court documents, Tawfilis counters that the 20% interest rate was suggested by Dahl and the usury case is being used to avoid paying off the loan.
Dahl previously lost a usury case with similar goals in Minnesota.
Both parties have accused each other in legal filings of money laundering and other illegal practices.
Dahl’s lawsuit (filed before the Napa case) contends that the Lexington Street Investments (LSI) lawsuit should have been filed as a countersuit in Santa Clara County and is seeking to have it moved there and consolidated with its own case.
Court papers filed by Patio insists that North Point Winery and North Point Brewing are not named in any of the loan or collateral documents and, thus, are being sued inappropriately.
On October 30, Napa Superior Court Judge Rodney G. Strong issued an order for a preliminary injunction demanding that Dahl and his entities not transfer or sell any of the collateral backing Lexington’s loans including money accepted when some of that equipment was sold in May to Watts Winery.
A hearing will be held Dec. 5 in Napa Superior Court on Lexington’s application for a writ of possession to seize its collateral.
Dahl has asked the Santa Clara judge to move the Napa case there and consolidate it with the usury case. A hearing on that will be heard Dec. 9 in Santa Clara.
Lexington’s Napa County case versus Dahl and his entities is scheduled for a case management conference in Napa on Feb. 3, 2015
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