APPLETON, WI (WTAQ) – The small claims lawsuit involving a former used car dealership in Suamico and Kaukauna may be heading to circuit court.
That’s coming out of a motions hearing Monday in Appleton regarding Standard Pre-Owned.
Richard Sprague and his son, Mason Sprague, are seeking $10,000 in damages from Bella Investment Group, LLC, along with other defendants John Solberg, Brent Strelka, Bryan Crain and James Lenz. They were one of dozens of consignors who fell victim to the troubled dealership who apparently re-sold vehicles without obtaining the titles.
The motion was filed by attorney Gregg Curry, who’s representing Strelka and Crain. Curry sought to have Solberg take a deposition and prevent him from speaking with the media.
“There have been some pretty outrageous allegations made here, and frankly I’m tired of that and frankly I think Mr. Solberg should be sanctioned for that,” Curry said during the hearing. “As I walk in, he’s showing the complaint to the bar to the media and that’s way out of bounds and should be stopped.”
That complaint was made by Solberg to the Office of Lawyer Regulation against Curry.
“Why are you trying to try this in the media?” asks Maureen Roberts Budiac, court commissioner, of Solberg, who responded by saying that, “progress is being made” and that it’s his “freedom to speak to the press”.
Ultimately, Roberts Budiac said that she couldn’t prevent Solberg from going to the media or talking with them. However, she warned Solberg about threatening people like Curry.
“You don’t have the ability to prosecute people,” Roberts Budiac said. “And you keep saying I’m going to prosecute you for the racketeering and all those things. That’s a state agency deal, not yours, so you can’t keep threatening people with prosecution.”
KICKING IT UPSTAIRS
The big news coming out of the hearing on Monday was that both sides have until November 4 to file paperwork to take this case out of small claims court and up to circuit court.
“Which I’ve thought all along is appropriate for this case,” says Curry. “And that will help move this case along in ways it was not moving at this point.”
Among the issues holding back the case in small claims court is the process of discovery, which again became a point of contention during the hearing. Solberg was asked to sign a financial disclosure agreement by Curry, and Solberg has yet to do so. The agreement would allow him access to any and all bank accounts Solberg opened with the tax ID number from Bella Investment Group from November 1, 2015 to the present day.
“What’s the problem with getting access to that?” asks Roberts Budiac. “You’re asking the same of them, you’re asking for personal and business records.”
Solberg initially argued he shouldn’t have to sign that, then was told that it was part of proper methods of discovery and then agreed to have his attorney look at it before he signs it.
“My hope would be that Mr. Solberg would hire an attorney who could help him through that process,” Curry says. “We’ve tried to do things informally and it just has not worked for whatever reason.”
The Sprague’s have a new attorney, Eric Wimberger, who filed a notice of appearance just last Thursday. Wimberger also believes going to the circuit court level will benefit his clients.
“The case is very complicated, we’re going to try to do as expeditiously and economically sound as possible for everyone,” said Wimberger after the hearing. “I anticipate amending the pleadings and doing what needs to get done.”
James Lenz appeared at the hearing and sought to file a motion to dismiss himself as a defendant, calling his involvement at the attribution of Solberg, a “bunch of lies.” Roberts Budiac informed Lenz that he’s going to have to wait until a circuit court judge is assigned after the November 4 deadline, then file the motion with that official.
MORE MEDIA LEAKS
After court, Solberg emailed WTAQ saying that, “Today was a huge victory for me none of curries (sic) motions which were ridiculous were granted.”
Solberg, along with more than three dozen people and banks, were named as defendants in a civil declaratory judgement against the Wisconsin Department of Transportation. The summons and complaint was filed on September 27 in Dane County Circuit Court.
WTAQ has also obtained a copy of a text message allegedly sent from Solberg to a then-Standard Pre-Owned #1 manager in Kaukauna. It reads:
“Brian has to take on lisc, then I literally hit road and do the same thing in different states. No more in Wisconsin.”
Both Curry and Wimberger hope that by moving to the circuit court level, more detailed information from Solberg will be forth coming in a more timelier. As Roberts Budiac continually pointed out Monday, “this is about Mr. Sprague wanting some compensation for him and his son’s vehicle.”
The next hearing in small claims court is currently scheduled for December 15.
