Sunday, January 13, 2008

Open Letter to HOA Attorney's on RICO Charges

Back To Court/Void Judgments Never Die

I was notified this morning that there is more documented proof that the homeowner association (HOA) lawyers, Ron Green, Jeffery French, and Brian Moreno have stolen more than $20,000 from me, in their defense of an illegal, void on the face judgment with Shadow Crest Homeowners Association by committing RICO, which has become a broad term with regards to "racketerring activity" under 18 U.S.C. Sec. 1961

When I approached the Riverside County District Attorney with prior facts and proof, they said I must first file a police report with Cathedral City Police Department.

I went with four members of my HOA and met with Sergeant Earl Moss; he refused to take any reports, stating it is "a civil matter!"

RICO is a criminal matter!

Every corporation formed in California, including a mutual benefit corporation, such as a homeowners association, is to be registered with the California Secretary of State's office. This is called the "Statement By Domestic Nonprofit Mutual Benefit Corporation". The requirement for this filing has been in place for many years. Every contract made in this state by a taxpayer during the time that the taxpayer's corporate powers, rights and privileges are suspended or forfeited pursuant to Section 23301, 23301.5 or 23775 shall, subject to Section 23304.5, be voidable at the instance of any party to the contract other than the taxpayer." Section 23304.5 requires that a lawsuit be brought by the other party in order for the contract to be voided.

On or about October 2004 I discovered that Shadowcrest HOA was suspended as a corportation, between May 2002 and February 2004 and brought this to the attention of the association board, the property management company, and particularly to the offices of the attorneys, Green, Bryant & French; Palm Springs and San Diego, CA.

I was ignored!

A corporation suspended may not do any business, bring or defend any lawsuit. Palm Valley Homeowners Association v Design MTC (2001) 85 Cal Appeal 4th. 553, 102 Cal Rptr. 2nd 350 and, California Corporation Code 8210

When I was ignored, I went into Riverside County Superior Court, Indio, CA, and on April 17, 2005 did bring to the attention of the attorneys and Judge Christopher Sheldon that Shadowcrest HOA was suspended on the above dates and filed a motion to dismiss the illegal attorney fees.


Judge Christopher Sheldon found in favor of Attorney Brian Moreno.

Please view this case file: ALL attorneys mentioned above, as well as Attorney Jan "Gen" Wangler, who was under an ethical obligation, supported by case law to make a reasonable inquiry into the truth and facts of the case before proceeding on December 7, 2005. She knew I was unable to make an appearance in court on this date.

These attorneys have committed fraud on the court, are in violation of Business & Professional Code 6100, 6104, 6127 and, Rule 5-200 (B), and staturoy and case law.

It seems Attorney Jeffery French has been heard to say "all of the business of Shadowcrest and Sharon Stephens is water under the bridge..."

NOPE! Void on the face judgments NEVER DIE IN CALIFORNIA, and, CCP 473 and 473a has no direct reference to void judgments, there is no statue of limitations on challenging a void order! Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194

When I receive the documentation I shall see if I must still first file a report with Cathedral City Police Department.