Monday, July 21, 2008

HOMEOWNER ASSOCIATIONS AND JUDICIAL MISCONDUCT

RE:
HONORABLE B.J. BJORK
Larson Justice Center
46-200 Oasis Street; Indio, CA

When I purchased my home in Shadow Crest Homeowners Association (HOA) in Cathedral City, California in 1996 I knew nothing about HOAs being entities that exist purely for the development, sale, and administration of residential real estate, and that every aspect of my life within the HOA would be governed by the association, and I certainly had no idea that what I had initialed at Closing was a binding adhesion contract with a private corporation and that I had surrendered my constitutional rights and civil liberties to the will and whim of the HOA, and its vocal and active, albeit minority of the board of directors, a management company, and, the all pervasive legal wolves who could snatch my home in non-judicial foreclosure with out ever going to court. It would be months later that I would come to truly understand that I did not even own my own property, but was only a shareholder in a non-profit corporation.

However, in my ignorance, the first few months were wonderful, and peaceful, and I loved my home.

When a drug family, related to a board member moved in across the street, I found little help from the HOA board, HOA attorneys, Wayne Guralnick, Kendal Berkey, Ron Green, Jeffery French, and Brian Moreno, my neighbors, the police, or the courts. Later I would discover that there is a well-grounded government system in place -- a type of shadow government -- that supports the the infrastructure of HOAs, rather than the people who live in them. The more I delved into the laws that regulated HOAs, and the more I tried to find some common ground for mutual communication, the more obvious it became that I was upsetting some sort of corporate boat that was not going to allow itself be rocked, and, would retaliate in the worst of ways against anyone who dare challenge them.


When I approached Assemblywoman Bonnie Garcia, she refused to help, and then provably conspired with Cathedral City, City Attorney, and my HOA board to drag me before judges, who handed them bogus, void-on -the-face restraining orders; orders with no judisdiction that did not meet legislative statatory, or case law to be granted. All to keep me out of meetings, surpress my writing of a newsletter, and even to try and keep me from making complaints to the police, or legislature. I was working on getting all of these orders dismissed, and in the process had made complaints against judges and commissioners for handing out these void judgments.

JUNE 8, 2006 I was falsely arrested while going into court to dismiss a void-on-the-face restraining order, by Riverside County District Attorney, Rich Twiss on a 422.6 (A) PC, Misdemeanor hate crime action. There was absolutlely no basis for this charge, and I was ont allowed to ask why I was being arrested. Twiss handcuffed me, refused to let me appear in court, and would not hear what I had to say; he literally marched me through the court house, to the HONORABLE B. J. BJORK, who imposed on me the excessive, unconstitutional, unreasonable bail of $500,000 -- on a unproven misdemeanor! The Eighth Amendment itself does not speak of any right to bail, but it does prohibit the imposition of excessive bail.

I asked Judge Bjork for release on my own recognizance (O.R.), and told him the order is void. In a most rude, and insensitive manner, Judge Bjork denied me O.R., and told me, You had better hope the order is void! and then he had me incarcerated in jail, where I was not allowed even a phone call until June 22, and remained for over a year, suffering much well-documented abuse. Ilost my home, thousands of dollars, my health, and my reputation.

MAY 23, 2008: I filed a complaint against B.J. BJORK with the California Commission on Judicial Performance charging him with recklessness, oppression, fraud and malice, and elder abuse in his actions against me.

BACKGROUND ON B.J. BJORK

MARCH 1994: Judge Bjork granted a judge's family member traffic school rather than have them answer for driving while not in possession of a valid driver 's license and a failure to appear. This was done again a second time based on a request by the same judicial colleague, which is contrary to Canon 2A of the California Code of Judicial Conduct, which provides that a judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary, and Canon 2B, which provides that a judge should not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment, and that a judge should not convey or permit others to convey the impression that they are in a special position to influence them.

Judge Bjork consented to public admonishment.

FEBRUARY 1997: B.J. BJORK was the judge in an alleged fraudulent foreclosure sale of New York attorney George Harder's Palm Springs home by David Peters of Peters & Freedman. Some have reported that Peters has been selling the homes he forecloses to his long time associate Carlos Sosa, a lawyer in Los Angeles. Bjork denied George Harder 's request to postpone his trial to come from New York for the case in Riverside, California. Bjork held the trial without Harder and ruled for Peters & Freedman and Sosa. George Harder lost his home.

JUDGE, B.J. BJORK TODAY: Judicial Council Assignments for Riverside Superior Court: Judge B.J. Bjork, Retired, Superior Court, Riverside Assignment #TBD; June 9 through June 20, Dept. 1CI

The California Commission on Judicial Performance has promised an investigation.

I am filing a motion for dismissal of my case.