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OCM Inc dba Helpufinance.com

2700 N. Main Street, Suite 105
Santa Ana, CA 92705
Phone: (800) 760-1833
Fax: (714) 210-3820

President: Rabi Aziz

Attorney for OCM: Sunil A. Brahmbhatt (SBN# 140484)

Website: HelpUFinance.com Providing home loans, business loans and debt consolidation

They contract with a lead broker to send out faxes to generate sales leads (lead brokers operate similar to Live Leads aka Consumer Source aka Linkpoint Marketing aka Data Research Systems). The faxes I saw appear to have been sent out by Vision Lab (which is who Live Leads uses; but they don't use Live Leads).

OCM claimed in court that they never sent the faxes, that they were just buying leads.

That's ostensibly true, but it is legally false. Legally, you can't delegate responsibility for an act to your agent. So the fact that someone at another company made a phone call that caused the fax to be sent doesn't mean that OCM isn't liable as well as the sender of the fax.

It is highly likely that they knew full well those leads were coming from junk faxes since it's virtually impossible not to know because customers refer to the offer on the fax they got or complain about getting the fax. Furthermore, OCM would have had to CONTRACT with their supplier to buy the leads BEFORE the faxes were sent. We know that because Klein's call was "hot transferred." That means that BEFORE the fax was sent, there was ALREADY a contractual relationship in place between OCM and the lead broker.

That contractual relationship before the faxes were sent caused the lead broker to send out junk faxes in order to generate the leads to fulfill the contract. Bottom line: it's highly likely that the whole reason those faxes got sent out in the first place is because OCM has a contractual relationship with that firm, i.e., the lead broker firm is the agent of OCM.

When Mark Klein sued them, they pleaded ignorance telling the judge that THEY didn't send the fax (which is technically true, but legally false, and you are SUPPOSED to tell the WHOLE truth in court).

Apparently, the judge didn't buy OCM's explanation either. OCM lost their case and was found liable under the TCPA for sending the fax.

So OCM decided to fight back and filed an apparently frivolous lawsuit against Klein for suing them thinking that Klein would cave. They also sought to transfer Klein's small claims cases to Superior Court in Orange County.

OCM's attorney claimed he never files frivolous suits yet he refused to provide any case law to me justifying his complaint when I specifically asked for it.

Here is the suit they filed showing their lack of understanding of the TCPA and California law: OCM SLAPP lawsuit against Mark Klein.pdf.

They also filed an improper motion to transfer: OCMtransfer.pdf

Very stupid move on their part. Their suit qualifies as a SLAPP suit and a very poor one at that. Therefore, by filing a special motion to strike, Klein gets his attorney fees paid by OCM, and, what's even better, due to the SLAPP statute and case law, gets to add attorney fees in the collection process to the judgment.  Therefore, the more OCM resists, the more they end up owing Klein.

Here are some examples of how you get fees on fees:

In particular, in Ketchum v. Moses, the court wrote:

[FN 6] Ketchum also asserts that Code of Civil Procedure section 685.040 precludes an award of "collection" fees. He is incorrect. The statute provides that attorney fees incurred in enforcement efforts "are not included as costs collectible under this title unless otherwise provided by law." Under its provisions, a litigant entitled to costs for successfully enforcing a judgment is entitled to costs, but not attorney fees unless there is some other legal basis for such an award. Because Civil Code section 425.16, subdivision (c) provides a legal right to attorney fees, they are a permissible item of costs. (See also Downey Cares v. Downey Community Development Com., supra, 196 Cal.App.3d at pp. 997-998 [court may award attorney fees, including a fee enhancement, for all time spent, including on fee-related issues].)

Klein is using Mike Grobaty in Orange County (1-949-851-6993).

Another person who has been sued is using:

Brian Kindsvater
Law Office of Brian Kindsvater
2377 Gold Meadow Way, #1031
Gold River, CA 95670
916.761.6863
877.600.8500 toll free
916.313.3443 fax
http://kindsvater.com
email is brian at kindsvater.com

If you've been sued, feel free to contact Kindsvater or Grobaty for legal assistance.

Their filings:

Here are some legal letters/pleadings that show just how frivolous their case is:

what OCM did is after they lost their frivolous transfer motion, they dropped their SLAPP suit and did NOT notify Klein. So Klein paid for the special motion to strike only to find out that the suit had already been dismissed!!!

More info:

Last modified: Feb 2, 2005

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