HILL VS JENSON ET. AL. AUGMENTATION UPDATE

            The Fourth District Court has upheld the Motion and Memorandum in Support to Augment the Utah Supreme Court Ruling concerning the conduct of the Defendants.  This means the lower Court has concurred with the upper Court that Utah’s Pattern of Unlawful Activity Act applied and a new determination of damages and liability is required – especially concerning “the imposition of joint and several liability.”  (Dated 1-13-10)

            “Although there is an apparent dearth of state case law on the topic, the federal common law is clear and unequivocal; joint and several liability is not only proper, but necessary in these cases” … “because all defendants participate[d] in the enterprise responsible for the RICO violations.”

          “…”it is the impression of this Court that the Utah Supreme Court believes           joint and several liability should be properly imposed in this case.”

          Next comes the ruling pertaining to “the prejudgment interest amount.” 

“If a defendant has deprived the plaintiff of a specific sum of money, he has also deprived the plaintiff of the interest which the money would have earned in the absence of defendant’s breach of duty; unless the plaintiff is paid interest for the entire time that he is deprived of the use of his money, her [she] will not receive full compensation?”

“The correct damage award, therefore, will double the $1.54 million amount and add to it prejudgment interest calculated from May, 1990 on the original $1.54 million amount only.

CONCLUSION

“… Plaintiff’s Motion to Augment Judgment is granted.  Counsel for Plaintiff is to prepare the appropriate judgment and order, which should reflect prejudgment interest calculated as the Court has indicated above, submit it to opposing counsel for review and then to the Court for execution.”

            We will wait to see how much interest should be added to the 3.08 million. 

            This ruling does not bode well for AUB, Jenson Lumber and others.  It has been a long time coming but well worth the wait.  Justice and reality have finally clawed its way through all the lies, deception, treachery and recalcitrant attitude of the AUB priesthood.

            As I have mentioned before, according to reliable informants Owen Allred wanted to sit down and negotiate a settlement with Virginia but he let LaMoine and his priesthood flunkies overrule him.  According to Mormon priesthood precedence Owen should have had power to override LaMoine’s objections.  Had he done so it would have saved not only AUB money and assets but the mortification of being labeled a “criminal enterprise.”

            The AUB membership needs to pull their heads out of the sand as ask themselves, if LaMoine was badly in error in his handling of the Virginia Hill law suit, where else has he departed from what is right, true and proper?   Is he really God’s anointed?  If he was really free of all blame would God have let this calamitous ruling be handed down?