It seems the Fesko family is in a bit of a feud, one not so easily solved by a kiss from Richard Dawson.
According to a civil suit filed in the Mono County Superior Court by Gregory Mark Fesko and Mammie Fesko, Greg’s brother, Tim (current candidate for District 4 Supervisor) Fesko and wife, Mary committed fraud in the sale of Meadowcliff Restaurant located in Coleville, Calif.
Greg and Mammie allege several things in their complaint. Allegations include alteration of the original lease to purchase agreement by Tim and Mary without the knowledge of Greg and Mammie. In the alleged fraudulent lease to purchase agreement, Greg and Mammie’s down payment of $38,000 is omitted, according to the complaint.
“The ‘detriment proximately caused’ by the Defendants intentional and tortuous conduct of omitting the $38,000 from the Lease to Purchase Agreement prohibited us from obtaining outside financing to purchase the restaurant property outright from the Defendants,” the complaint states.
“Additional intent on behalf of the Defendant as explicitly told to the Plaintiff was to deny the receiving of $38,000 to avoid paying taxes on money received for purchase of the restaurant,” continued the complaint.
The complaint also alleges that Tim and Mary “denied the Plaintiff’s buyer’s rights by failing to provide the required property disclosure statements of Natural Hazard Disclosures and faulty equipment that is mandatory by California law before closing escrow.”
In Greg and Mammie’s amendment to their complaint filed on Jan. 6, they stated the following injury as a result of the alleged fraud.
“(1) Plaintiffs loss of ability to purchase the business and property as originally intended. (2) Financial loss of down payment of $38,000, security deposit of $10,000, $15,000 derived from $625 over 24 months out of the monthly payment of $2,500 was to be applied towards purchase of property, loss of $6,087.84 property taxes paid for years 2009 and 2010. (3) Property insurance premium of $3,759.39 (from Feb. 1, 2009 to July 1, 2011) totaling an overall financial loss of $72,847.23.”
The Sheet attempted to call Greg and Mammie, but the number listed on the complaint documents was no longer in service.
When The Sheet contacted Tim Fesko to get his take on the matter, he said that since it is a legal matter he has to be careful with what he says. He sent The Sheet a written breakdown of his side of the situation.
According to Tim’s written statement, he and Mary entered into a restaurant lease agreement and lease to purchase agreement with Greg and Mammie in December 2008. “Greg and Mammie then took over operation/management of the Restaurant.”
In July 2011 Greg and Mammie failed to pay rent, according to Tim’s statement. “They were served with a notice to pay rent or quit. They did not pay the back rent.”
In August 2011, Tim and Mary filed an unlawful detainer (eviction) suit against Greg and Mammie. The matter went to trial and the judgment was found in favor of Tim and Mary, according to Tim’s statement.
“The judgment terminated Greg and Mammie’s lease and right to possession of the restaurant, awarded back rent due of $2,000 and late fees of $270. The judgment also provided that Greg and Mammie reserved the right to sue Tim and Mary regarding their disputes over the validity of the lease to purchase agreement.”
Greg and Mammie exercised this right in October 2011 and filed their suit against Tim and Mary.
Tim and Mary challenged the suit in December 2011 through a demurrer, which contended that Greg and Mammie’s complaint did not allege enough facts to show they were damaged. According to Tim’s statement, “the Court agreed and gave Greg and Mammie 30 days to file a revised suit,” which they did in January.
As of this date, the judgment against Greg and Mammie has not been paid, according to Tim’s statement.
The court has set a mandatory settlement conference for June 20 at 11 a.m., according to court documentation.
