Advocating for Justice

Update as of 10-15-2018 -- The case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.

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I recently received a letter from attorney Manuel Saint Martin on behalf of Bondolini Productions and Victor Alfieri by email. The letter demands the return of business records, contracts and anything related to the production of "Looking for Clarissa" within seven days from the date of the letter, February 7, 2014.

I promptly replied to Mr. Saint Martin's communication by email.

Mr. Saint Martin,

Please see email below. These are my requests. The only difference is that communication can be done through you, if you are willing to do so.

Let me remind you that Victor Alfieri breached the contract repeatedly. He took MY money and used it to hire attorney Roger Muse to sue me.  I believe that is CONVERSION and clearly BREACH OF CONTRACT.

Alfieri has not provided proof of all expenditures.  My simple requests listed below will guarantee fairness for both parties and clear communication.  Of course I do want to recover my investment. However, Alfieri has not proven to be a reliable, nor a trustworthy person.

I am willing to discuss this with you.

Adriana Trevino

I did not hear from Mr. Saint Martin and again, on February 11, I forwarded to him my original message while stating, "I am forwarding you this email I sent to you on Friday in case you did not receive it."

Again, I did not hear from attorney Saint Martin. So I decided to call him on the phone today. After a couple of rings, he picked up. I thought I would be talking with a reasonable person - a person with common sense that would help facilitate compliance with the agreements signed and with the proposed amendments.

I was shocked with the way Mr. Saint Martin conducted himself. It is my opinion that he was extremely rude and condescending... even sarcastic.  When I simply introduced myself and asked, "did you receive my emails?" he said, "I received nothing from you."  When I started talking about the several things I was requesting that, in my opinion, would guarantee "fairness" to both Victor and me, he interrupted and threatened to demand an immediate arbitration hearing.

Why would an attorney do this when there is room for negotiation? My original investment agreement states that there could be amendments if both parties agree in writing. I am not asking for anything out of the ordinary. Negotiation is actually suggested and sometimes "required" before any hearing is demanded.

Manuel Saint Martin said that I was in breach of contract to what I replied, "and what do you call what your client did, taking my money to use it to hire attorney Roger Muse to sue me? Isn't that breach of contract... and it is also conversion."  I believe that he did not appreciate this statement.

I also said to him that he should learn the facts of the case before making such demands and threats to me. I said, "You should learn a little more about the people you choose to represent." He quickly responded that he was simply acting as a legal representative or mediator to get those documents back.  Why would he say he is a "mediator" if the last thing he is doing is mediate. He is simply intimidating and voicing "legal" threats.

I then added, "I know Victor is not paying you. You are doing this as a favor to him." At this point, he sounded irritated and had clearly lost his patience. He immediately said, "yes, but that is not important because, I will go after you to pay for my fees."

I know he meant if Victor prevailed in the arbitration hearing, I would be responsible for his fees. But the way he yelled and threatened me was truly unjustified. Is this the way to "advocate for justice"?

After I hung up the phone with Mr. Saint Martin, I could not help but wonder...

Is he expecting to recover attorney's fees from me through this arbitration hearing because Victor is not paying him?  

Did he tell Victor about the points we can negotiate to avoid any further legal action and unnecessary expenses? 

Has he informed Victor of the consequences of losing (or not prevailing) and his liability to pay for my attorney's fees and for the costs of the arbitration?

Why didn't Saint Martin respond to my two emails? Attorneys are supposed to respond to any communication from opposing parties especially when a settlement or agreement can be reached. 

I am puzzled by Mr. Saint Martin's inexplicable refusal to discuss points to negotiate. His actions are not helping his client but preventing us from moving forward with the sale and distribution of "Looking for Clarissa."

Now I am just waiting to receive his demand for arbitration in writing via email or regular mail.  I am actually looking forward to it. I will finally have a chance to present my case to a neutral party although it would only be the business/contractual aspect of it.

Justice will prevail.

Disclaimer – As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.