By Joel Metzger | Posted: Tuesday, June 12, 2012 11:03 am
A Calaveras County sheriff’s log entry stated grand theft was reported at Trinitas Enterprises on Ospital Road at 8:05 p.m. Thursday.
Lance and Renee Dami are the new owners of 160 acres that were part of the property formerly owned by Mike and Michele Nemee, who built Trinitas golf course and later lost the land in Chapter 7 bankruptcy.
What was once a golf course will likely be converted into range land for cattle, according to the new owners.
“We are going to rent it out for cattle,” Lance Dami said. “Someday, we’re hoping to farm it. There is no future for the golf course, at least in our minds. Hopefully, we’ll farm the olives and farm some other crops down the road. We want to be friends with our neighbors.”
In the sheriffs’ report, the Damis claim water pumps worth $50,000 were taken from the pump house by the Nemees.
Any stolen item worth more than $400 constitutes a grand theft, according to Sgt. Chris Hewitt of the Calaveras County Sheriff’s Office.
A sheriff’s deputy responded to the property and determined the dispute was a civil matter.
“It’s the Nemees and the new property owners who are in a dispute regarding property issues,” Hewitt said.
The report states the Nemees claim the pumps belong to Trinitas Enterprises, which is not part of the property purchase agreement between the Damis and the bank.
“We are shocked and devastated by the fact that the family of a board member of community Bank of San Joaquin would act in such a reckless manner to try and claim property that is under the administration and protection of the United States Trustee of the Federal Bankruptcy Court,” Mike Nemee said.
In the sheriff’s report, the Damis claim the pumps were included in their purchase.
When Lance Dami was contacted, he directed the Enterprise to speak with his lawyer, Kent Tierney.
“I have direct orders not to say a word,” Dami said.
Tierney did not respond to the Enterprise’s request for comment as of press time Monday.
Hewitt said, per the deputies’ request, a copy of the report will be forwarded to the Calaveras County District Attorney’s Office for review. The District Attorney’s Office will determine whether criminal charges will be filed.
“There was no criminal activity that occurred on the property,” Nemee said. “It is my understanding that the sheriff’s report clearly reflects that.”
“I’m really getting tired of my clients getting slandered in the press,” said Malcom Gross, the Nemees’ bankruptcy attorney. “All this misleading information seems to appear from these so called protesters.”
Gross said the Damis served the Nemees, who have continued to live on the property, a three-day eviction notice, which he said is illegal according to the California Civil Code.
“You have up to 90 days to leave the property,” he said. “They (the Damis) have been harassing the Nemees and have been on the property without permission. The sheriff has already told the Nemees to call the next time they appear on the property.”
Gross said Trinitas Enterprises is a separate legal entity from Mike and Michelle Nemee.
“Trinitas Enterprises is not in bankruptcy,” Gross said. “The bank has made no claim on the assets of Trinitas Enterprises that I’m aware of.”
“The Sheriff’s Office is not treating this as a criminal complaint,” he continued. “I assume they told the other party that this is a civil matter. All the Sheriff’s Office intends to do is keep the peace out there.”
Gross said he hopes this whole issue goes away because, “This whole thing has enough litigation already.”
Tierney Law Group