Friday, February 13, 2009

Kimball, Tirey & St.John LLP

HOAs and HUD
What happens when attorneys who represent homeowner associations [HOA] also represent HUD elderly, disabled and low income residents?

They pull the same dirty, and often illegal tricks on both, and bully people into silence.

When I lost my home in Shadow crest HOA because of a less than honest attorney, Brian Moreno, (French, Bryant and Green). Only later did I discover the association was suspended for failure to file a required information statement with the California Secretary of State, and could not prosecute or defend a lawsuit. (Palm Valley Homeowners Assn. v. Design MTC (2001) 85 Cal.App.4th 553, 102 Cal.Rptr.2d 350) I am now prepared to take Shadow Crest HOA back into court and take back all of the money they stole from me during that period of time.

Where does a handicapped and elderly, 68 year old woman go when she loses everything? To a low-income HUD/Sec8 apartment, and, I went to Briarwood Manor in Montclair; a building owned by AMERILAND GROUP of whom I was unaware owned many buildings and was in legal trouble for illegally evicting their residents, and under suspision for the deaths of three people in a fire.

I became involved with Resident Council, an approved HUD suto-government group of tenants, htat is also allowed according to the lease agreement of the property, who gather to help in the management of the property.

When I began to complain about unsafe living conditions at Briarwood, and criminal behavior for which there is a legal duty, which every person owes to others: "...a duty to refrain from conduct that imposes an unreasonable risk of injury on third parties" (Lamden v La Jolla Shores Clubdoninium HOA (1999) 21 Cal.4th 249)

Instead, I found myself retaliated on by AMERLAND owner, Martha Enriquez, who is also the President of LOGAN PROPERTY MANAGEMENT, who is required by law to protect residents, but instead I was suffering much distress, and unable to sleep: Residents, particularly elderly have a " be free from acts constituting duress" (Leeper v. Beltrami (1959) 53 Cal.2d. 195) and the propriety of a "cause of action for wrongful acts in the nature of duress...examples of such wrongful acts include a bad faith threat to breach a contract ..." (Rich Whillock v. Ashton Development, 157 Cal. App. 3d at p.1159)

My HUD/Sec8 rental contract was about to be breached.

Soon I was contacted by AMERILAND attoney, Linda Hollenbeck, a partner in Kimball, Tirey & St. John. She was less than pleasant to me, and always seemed to have an antagonistic bent in the way she talked to me, so, I researced the law office and found they were also HOA attorneys, who provides counsel on an array of homeowner association matters and it seems has the same mind-set in the way they deal with people who complain -- if the complaints weren't to their advantage. My complaints were ignored, and I was labled as a trouble-maker.

Complaints to HUD were ignored as well.

In July 2008 I was served with an Eviction, claiming I had harassed a man, Stan Harris, the self-appointed "head" of Resident Counsel, and a close friend of Martha Enriquz. He was claiming to be an MD doctor and giving out dangerous and illegal, medical advice to the elderly and handicapped residents. I revealed he was not a doctor, and for that I was being evicted. (The California Medical Board sent me a letter thanking me for notifying them of his behavior, and "saving others from him.")

Stan Harris, and his little Lord of the Flies band of terrorist are allowed to run roughshod over the other tenants, screaming and hollaring, using filty language and even threatening phyical violence against them and their guests -- in spite of ongoing complaints, including a Petition with 24 names to have him put out of office of Resident Council, which again was ignored.

Soon I was in court and Attorney Hollenbeck brought "paid for" witnesses, including Stan Harris who provably perjured himself in court. One advantage for me, they didn't meet the burden of the law of proving harassment, and now we are in Appeal.

In the interim, Attorney Hollenbeck, AMERILAND, and Logan Property Management have filed four bogus TRO's against me, in which they again did not follow the law, and I have been falsely arrested twice on these sham TROs, and ended up in the hospital on both occasions.

No different than other HOA attorney complaints.