Friday, August 10, 2012

Coto de Caza's HOA not under  jurisdiction of state and or  federal law:  honorable  John Flynn III  




Posted By CotoBlogzz



Coto de Caza, CA – The verdict  is in, in the Small Claims Court trial  30-2012-00570806-SC-SC-HLH,  held July 23, 2012,  against the Coto de Caza Homeowners Association, otherwise known as CZ Master Association. In the case, it was alleged that the association not only failed to comply with Civil Code § 1365 but that  it continues to claim it is beyond local, state and federal jurisdiction,   The Honorable John L. Flynn III ruled that the HOA board of directors  indeed is not under  the jurisdiction of state and  federal law. Sort of

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In this case, the CZ Master Association board of directors, not only refused to comply with an inspection of records request - IRS Form 990s, which according to the IRS are to be supplied to anyone who asks, but it also dispatched it's legal counsel, James Harkins armed with a "no electronic communication  for you" letter and a " Shut Up Agreement" as pre-conditions for forking over the requested  forms.  I actually obtained the CZ Form 990 directly from the IRS and had them available during the trial,


CZ Master Association 990 available directly from IRS - no Shut Up Rule requiredd


During the trial, I argued that  the California Public Records Act not only deals with disclosure of records, but also the format of the request and the denial process as follows:

6253.1.  (a) When a member of the public requests to inspect a public record or obtain a copy of a public record, the agency, in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records, shall do all of the following, to the extent reasonable under the circumstances:

(1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated.

(2) Describe the information technology and physical location in which the records exist.

(3) Provide suggestions for overcoming any practical basis form denying access to the records or information sought.

(b) The requirements of paragraph (1) of subdivision (a) shall be deemed to have been satisfied if the agency is unable to identify the requested information after making a reasonable effort
to elicit additional clarifying information from the requester that will help identify the record or records.

(c) The requirements of subdivision (a) are in addition to any action required of an agency by Section 6253.

(d) This section shall not apply to a request for public records if any of the following applies:

(1) The public agency makes available the requested records pursuant to Section 6253.

(2) The agency determines that the request should be denied and bases that determination solely on an exemption listed in Section 6254.

(3) The public agency makes available an index of its records.

Clearly,  the  CZ board was non- compliant, not to mention that § 6253.9  requires acceptance of all forms of communication, including electronic one.

According to § 6255 (a) The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. .

Clearly the   CZ board failed to comply with to § 6255 (a)

Now, while  the Honorable John Flynn III did not state that the CZ board was beyond the jurisdiction of state and federal law, he "saw" the evidence as lacking:
"Based on the evidence presented to the Court, Plaintiff did not meet the burden as to any violation of law on the part of Defendant"


As a student of human behavior, I have devised a system that enables me to generate what I refer to as a pseudo - psychological profile for individuals I interact with for some  20 hours in a given month.  This includes observing the individuals interact with their environment, listening to them and reading their work. This is to say that the verdict was not surprising.  In fact, 15 seconds into the trial, the Honorable  John Flynn III's demeanor was so visibly altered that I had to constrain the urge to conclude that the judge had already reached a decision.  Now we can be sure that, that was the case.

Pseudo-psychological fingerprint:  Within the first 15 seconds of the hearing, we knew what the  outcome was


The next trial date is scheduled fir September 20, similar argument, same judge, and perhaps different  results and if not, perhaps we can switch judges?


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