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Homeowners Association: Palacio del Mar in San Clemente - Raymond Kunkle the rogue board member has been running it for decades with the help of CAI lawyers and managers
Peters & Freedman (includes Laurie Poole, John Keenen, Jeffrey Pratt, David Peters, Simon Freedman and paralegals)
Managers: Marquis Management, Progressive Property Management,
Posted Jul 22 2006 5:39AM CEST
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Username withheld
, California |
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It would be very helpful to know if the Homeowners Association , its attorney or its management firm are members of CAI.
Please post this information
Posted Jun 5 2006 2:45AM CEST
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George Staropoli
(View Profile)
scottsdale, Arizona |
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I filed a lawsuit against the Board and the attorney filed the suit in general terms and the board members when they got wind of it disappeared and summons could not be served.
Their attorney said that they would serve summons if my attorney gave them furher details of what they had done wrong which my attorney refused to do and then they went into a phoney legalistic argument and finally the judge threw the case out of court saying he had been linient and had waited too long and lost patience this was altogether a phoney show.
Posted Jan 5 2006 1:42AM CET
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Username withheld
los Angeles, California |
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I'm not looking forward to my 'day in court' except to get this mess over with. If you want an example of how WAY out-of-control an HOA can get, check out my "mobster" Homeowners Association at this site:
http://www.crosstieranch.org/
There is no doubt in my mind that these 'thugs' and their 'hooligan' lawyers will stoop to level to discredit or disgrace me and my family. They already have. And nobody in Florida raises a finger to protect my constitutional and property rights.
You are forced to go to court to defend yourself and protect your family, constitutional and property rights, spending hundreds of thousands and waiting years for doubtful justice.
Even the Florida State Attorney won't bother to investigate blatant criminal activity by these goons. The homeowner is placed at extreme risk and uncertainty because of the power-hungry whims of an out-of-control bunch of Homeowner Association 'maggots'.
If you are bored and want to view the chronological and 'scanned' documents of my situation, you can do so at:
http://www.crosstieranch.org/TheFacts.htm
Posted Jan 22 2005 3:47PM CET
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Scott McEntire
(View Profile)
Orlando, Florida |
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On Wednesday December 29, 2004, Michael Kim of Peters & Freedman, went before Judge James Brooks on behalf of Raymond Kunkle and Walter Schminke of Palacio del Mar Homeowners Association and lied.
Michael Kim swore again , under penalty of perjury that he had given the required notice of the hearing to a homeowner who was in pro per -when in fact, he had not.
(See two October filings where Kim under penalty of perjury filed for unrelated fees Court Documents Show That Homeowner Association lawyers Peters & Freedman Ask for Tens of Thousands in Non-Allowable Legal Fees - Court Documents Signed Under Penalty of Perjury
He also went before Judge Brooks seeking more discovery powers and $1500 in sanctions. Brooks gave $5,000 instead. A prior ruling by Brooks and $10,000 in sanctions is on appeal to the 4th. Appellate District.
A lawyer remarked "I've never heard of a judge giving almost three times what a lawyer asks him. A writ should be taken against this."
Posted Jan 3 2005 5:17PM CET
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Username withheld
San Juan Capistrano, California |
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Homeowner associations should always double check all the legal work that their lawyers do.
For example, lawyers Peters and Freedman filed a change in the CCR's of Palacio del Mar that ostensibly was meant only to create staggered terms of office for board members. However, it also took away the culmulative voting rights of the homeowners.
The Desert Crest seniors who are either in danger of losing their trailer homes or have actually lost them have written to the District Attorney, the California Bar, the Secretary of State and the Attorney General about their CCRs being changed without their vote. Peters and Freedman were the lawyers for the developer who made the change.
Read the article in the January 2, 2005 edition of the Los Angeles Times - "New board can reverse association's unwanted rules".
This Special to the Times Article by attorneys Donie Venitzian and Stephen Glassman is an advice to homeowners about reclaiming the thousands of dollars of board members and their lawyers may have used secretly rewriting CCRs. The columnists advise homeowners to use the association minutes, track down the old board members fo subpoena, file complaints with the Bar, and look at Directors & Officers Insurance Coverage for covering their recovery costs..
Posted Jan 3 2005 2:25AM CET
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Username withheld
, California |
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It is important to not give up!
I have just had a known "attorney's judge" Christopher J. Sheldon recuse himself from my Homeowner Association case, and I have sent a report to AHRC with all the details of how it happened.
JUDGE CHRISTOPHER J. SHELDON RECUSES HIMSELF FROM HOMEOWNER ASSOCIATION CASE - This judge is known as the quintessential "Attorney's Judge" in California's HOA cases
AS a pro per you legally are not expected to know as much as an attorney, or a judge.
And, consider sanctions and SLAPP suit motives when dealing with HOA attorneys.
EXAMPLE and CASE LAW:
Compare §391 et seq with California Civil Procedure Code §128.5 (now superseded by §128.7) which applies equally to ALL litigants.
To justify an award of sanctions under §128.5, there must be an assessment of subjective bad faith in addition to a finding that a particular action or tactic was frivolous. [Summers v. City of Cathedral City (1990) 225 Cal.App.3d 1047,1070.]
A sanction under §128.5 is not imposed, even on a meritless action, if the action was not initiated for an "improper motive". [Lesser v. Huntington Harbor Corp. (2nd Dist.1985) 173 Cal.App.3d 922,935.]
In [lamas v. Diaz (1990) 218 Cal.App.3d 1043]the trial court refused to impose sanctions even after finding that the challenged action was completely without merit — but that the attorney who took the action was unaware of that fact. " layman in pro se should be expected to have less legal knowledge than an attorney."
The court analogizes vexatious suits to SLAPP suits and "sham" suits [under the Noerr-Pennington Doctrine] (Wolfgram v. Wells Fargo Bank California Court of Appeal, 3rd District, 1997 (53 Cal.App.4th 43, 61 Cal.Rptr.2d 694)
Posted Jan 2 2005 5:12PM CET
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Sharon Stephens
(View Profile)
Cathedral City, California |
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It is hard to break the "pro per" discrimination one hits when not complying with "common practice".
I took the Alternate Dispute Resolution route and found difficulty in finding a mediator that would work without both parties being represented.
As for Arbitration or a Special Referee, forget it. When you represent yourself, you have to be better that most lawyers.
Posted Dec 30 2004 8:14PM CET
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Lloyd Madansky
, California |
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After seven years of litigation, I can speak with experience on the legal system .......... very corrupt:
1. As one lawyer told me, in Georgia you cannot win against homeowner associations ......... he may be right.
2. Spend over $600,000 in legal fees defending a covenant violation (the law of the case) ... height of a retaining wall for the driveway to provide access to a side entry garage, was not shown on the site plan.... the wall was shown. The building plans said ACTUAL GRADE MAY VARY.
3. Litigation continued through the Georgia Supreme Court and Court of Appeals ... a jury trial was ordered on the defense of laches.
4. Lost the jury trial ......... my attorney protected the Association's lawyer (a friend) to protect his lawfirm from a potential loss of $1,000,000+ (abusive litigation)
..... Pending legal malpractice litigation claim to be filed.
5. Had a deposition where the ACC chairman and next door neighbors had inspected the footing for the wall before the wall was poured ....... ACC Chairman had said in his deposition that he had inspected the home contruction 3 or 4 times before the wall construction. In the Jury Trial the ACC Chairman said he never inspected the Construction ....
My lawyer did not impeach the ACC Chairman. This is "laches". legal right is lost if not exercised.
6. Stipulation by my attorney eliminated the contentions of the association........ Court of Appeals ruled attorney error. The jury never hear their contentions.
7. Judges have been bought off........ as one paralegal told me..... I know that Judges are bought off ... then she said, " it is not always money, it often times is women.. if you know what I mean." A True story.
8. Expect the Association to get a $1,200,000 home for $600,000.
9. The wall could be removed for $17,000.
10. Why all the litigation .. no settlement offer or plan to remove the wall was ever approved by the association ... the house cannot be sold.... it cannot be occupied if the wall was removed as required by the association..home cannot be occuried without a finished driveway.
11. Litigation continues in Atlanta Georgia
12. Litigation continues as a Pro se litigant
.......... re: Huntcliff Homes Association, Atlanta, Georgia
Posted Dec 27 2004 7:23PM CET
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Alec Redfearn
(View Profile)
Satellite Beach, Florida |
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I am taking my HOA to court and I am afraid of what may happen, but I am going anyway.
The manager has incorporated her company and hired a real estate attorney and I know their next step is to force everyone they can out so they can resell these places to some unfortunate people and start all over again and again.
Posted Dec 12 2004 3:27PM CET
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Username withheld
Sacramento, California |
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