Falsely Jailed by aide of Bonnie Garcia
on bogus and void restraining order
SUMMARY OF EVENTS:
December 7, 2004: Press Conference with Pat Cooper, aide to Senator Ducheny, Kim Trone, a reporter from the Desert Sun, and a documentary film maker, Madelene Hunter-Patterson. We also had a number of homeowners from other association at the meeting. Candy, from Bonnie Garcia's office called and said she was coming. She never did make the meeting, and did not even call to apologize. So, I went into the Garcia office in Cathedral City to try and make an appointment with Mrs. Garcia, with the stated purpose of speaking to Homeowner Association problems. I was given an appointment with Mary Brhel.
January 29: I went into Ms. Garcia's office in Cathedral City for an appointment with her aide, Mary Brhel (wife of ex-Deputy District Attorney, Martin Brhel) about involvement with the problems with homeowner associations. [Hispanics are the most foreclosed group of people in the State of California.] She refused to let me address the problems of HOAs in general. Rather she wanted to hear, and insisted I tell her my "personal" story! So, I told her all about Shadowcrest HOA, and the problems we were experiencing, including void restraining orders to keep me out of board meetings, my false arrests, stalking and battery by board members, perjury, false and illegal fines, and of course the attempts made on two families for non-judicial foreclosure. Brhel acted rightly, and truly shocked, as do most who hear these stories of out of control HOA boards, unethical attorneys, and greedy management companies. We had a good conversation, and she even gave me a bouquet of flowers and congratulated me for being "an activist".
However, before going to the Garcia Office that morning I had been in the Cathedral City Police Department (CCPD), at their request; they had called me in on a ruse, as I would discover months later, telling me they were "doing an investigation of a complaint" I had made against Sergeant Hatfield, for his participation in a false arrest, abuse of process and abuse while in custody and I told two officers, Sgt. Charles Robbinson, and Captain Kevin Connor I was going to the Garcia Office that morning; CCPD is next door to the Garcia Office.
February 2: Mary Behel called me back, stating "You have made all kinds of problems with the Cathedral City Police Department, and other government agencies, and you are a threat, and I am placing you on a list in Sacramento as a threat"! She hung up on me without telling me where she had received this information.
February 3-5: CONSPIRACY begins between the Garcia Office staff, the Cathedral City Police Department, my HOA Board of Directors, and stretching all the way to the Riverside County District Attorney's office in Indio began.The proof of this conspiracy is well documented by Cathedral City Attorney, Kendall Berkey in the 65 page Memo of Cost in Case No. 0424575 ROBINSON v. STEPHENS, Riverside Count Superior Court, Indio, CA.
February 9: Madelene Hunter-Patterson called Ms. Brhel at her office and was given to Richard Harmon, Chief of Staff. He told her that "We had a couple of officers in here that said, 'Sharon is crazy, and has been arrested multiple times. She is a threat, and you should not talk to her'".
Because of this, I was interviewed by Edwin Olavie, Investigator with the California Highway Patrol: Mr. Olavie "Did not consider me a threat"!
April 6: Ms. Garcia sent me a rude letter, that basically said, "I can do nothing to help you, stay out of my office!"
April 8: LETTER SENT TO BONNIE GARCIA:
PO Box 942d849Sacramento, CA 94249-0080
Re: In response to your April 6, 2004 letter
Dear Mrs. Garcia;
1-Last Tuesday I spent an hour talking, [taped] with Investigator, Edwin Olavi, CHP [213-897-4564], regarding Mary Brahby's bogus accusations against me when I stopped by to tell her, "There is going to be an investigation into the officers who went into the office in Cathedral City and slandered me". I have already been publicly in front of the City Council addressing this issue, and I intend to push for further investigation. I also intend to continue to tell all I meet just how you responded to this, without every asking for my side of the story, You are basically an untrustworthy politician, who does not take responsibility to discover all of the facts.
2- I have NEVER asked for "your assistance"! Your Cathedral City officer had an invitation to attend a meeting in my home with Senator, Denise Moreno-Ducheny's aid, Pat Cooper, Kim Trone, Desert Sun reporter, Madelene Patterson, documentary filmmaker, along with several homeowners from various associations regarding HOA problems of non judicial foreclosure. Your officer called and said she would attend and NEVER came. So much for YOUR interest in the problems of "the people" -- Hispanics are the most non-judicially foreclosed on group of people in America.
3- I have no interest in ever contacting your office again. It is quite obvious you have no interest in this cause, even though it is right in your own back yard.
STOP sending me YOUR political propaganda - I will never vote for you! In fact, I and many others in HOAs will be supporting any candidate who challenges you, and telling them, and everyone else what you have done to me.
Let this letter serve as final notice to you to remove my name from your mailing list, and, stop harassing ME!
Cc: Senator Denise DuchenyEdwin Olavi, Investigator, CHP; Sergeant Laura Hanlon, "Professional Standards"CCPD; AHRC. com All other interested parties
Investigator Olavi has found me to not be a threat!
May 14: Ms. Garcia, out of mean-spiritedness filled 8 petitions for a restraining order against me, with no police reports, no proof of statutory criteria, and in violation of my constituionally protected rights.
May 2006: The restraining order of Bonnie Garcia is void on the face, and Commissioner J. McCoy agreed to dismiss it as such if I would have Brhel and Harmon personally served. One of Garcia's office workers, "Candy H." was in court during these proceedings, yet I was still falsely arrested when I went to the Garcia office -- to challenge this bogus, void on the face order, and at a Preliminary Hearing, the Garcia staff member lied, and did not bother to tell the court the truth of this being a void order!
June 2006, Bonnie Garcia's aide then went into a Preliminary Hearing, RE: People v. Sharon Stephens; Case: INF054715 , and lied, stating I had violated [a void on the face] restraining order by going to her office, to make a complaint.
I am filing a petition to have all of these bogus orders dismissed, but I spent over a year in jail, much of it in 24 hour a day solitary confinement, as is documented on this blog, with much abuse.
Assemblywoman Bonnie Garcia could dismiss these void orders on her own, but refuses to do so.
TAKE NOTE: Constitutionally protected activity, such as making police reports, or complaints of any type are excluded from the meaning of "course of conduct" with regards to a restraining order. Schraer v. Berkeley Property Owners Ass'n, 207 Cal.App.3d 719 (1989). Schild v. Rubin, 232 Cal.App.3d 755, 763 (1991)
Course of conduct" is defined as a "pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Code of Civil Procedure 527.6(b); see also Leydon v. Alexander, 212 Cal.App.3d 1, 5 (1989)
A trial court may not issue an injunction against harassment unless it finds by clear and convincing evidence that unlawful harassment already exists in fact. Code of Civil Procedure ß 527.6(d); Schraer, supra, 207 Cal.App.3d 719.
Constitutionally protected activity is excluded from the meaning of 'course of conduct', Code of Civil Procedure 527.6(b), there is no need to entertain the traditional inquiry as to whether clear and convincing evidence exists warranting injunctive relief.
There must be medical, psychological, or other evidence establishing that the 'harassing' activity is the cause of "substantial emotional distress" within meaning of C.C.P. 527.6(b)). Schild v. Rubin, 232 Cal.App.3d 755, 763 (1991)
Elder Abuse Law: Penal Code 368: Elder abuse protection applies to any resident in California who is 65 years of age or older; Broadly speaking, abuse includes physical abuse, neglect, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering...
I want Bonnie Garcia's bogus and void order dismissed, and my name removed from the "Threat List" in Sacramento. I shall continue to pursue this.
Such void on the face judgments lack jurisdiction and can legally be ignored as they neither bind, nor bar anyone. Obviously a judgment, though final and on the merits, has no binding force and is subject to collateral attack if it is wholly void for lack of jurisdiction of the subject matter or person, and perhaps for excess of jurisdiction, or where it is obtained by extrinsic fraud. [Citations.]" 7 Witkin, Cal. Procedure, Judgment, Â 286, p. 828.
MRS. BONNIE GARCIA, Assemblywoman from Palm Springs California is NOT a friend of homeowner associations, or the very people she has taken an oath to protect.