Case No. 12-3611, Zaldivar vs Keybank etc & et al has been filed in the United States District Court for the Central District of California which alleges, amongst other things, that Evoq Properties Inc. operatives put in place by Mount Kellett Capital Management engaged in violations of Section 1871.7 of the California Insurance Code.
According to the suit:
Defendants made a claim for insurance benefits for the repair of a property that had been damaged by rain. Defendants falsely misrepresented and exaggerated the amount and extent of the damage to the building on the property to receive a larger than necessary payment from an insurance company. When Plaintiff exposed this fraud to businesses that had been ejected from the property as part and parcel of Defendants’ fraud, Defendants retaliated against Plaintiff in a mixed motive scenario involving both discrimination and whistleblower retaliation, by cancelling Plaintiff’s agreement and withholding payments that Plaintiff was due under that agreement.
The inside word on the suit’s allegation is that rain damage to a wholesale produce mart with exclusively minority and immigrant businesses and employees was purportedly blown out of proportion in order to get a huge insurance settlement. Instead of repairing the damage with the insurance funds, Evoq Properties instead kicked out all of their business tenants and kept most of the money received for repairs.
The suit also alleges that:
In doing the acts and omissions alleged herein, Defendants engaged in a pattern and practice of discriminating against immigrants, non-Caucasian ethnic persons, and most egregiously against individuals and entities who of Latino/Hispanic descent and/or ownership. Defendants Evoq and R7 violated the rights of Plaintiff and its owners and employees under Article I, Sections 1 and 7 of the California Constitution, and Sections 51 and 51.5 and of the California Civil Code.
Complaints are being prepared to the California Department of Insurance and the Los Angeles Building and Safety Department regarding these allegations.
To see the lawsuit: http://www.janbtucker.com/files/Mario_Z-Federal_Suit_-_LA0001.pdf
