Monday, December 31, 2007

Details of DUI Lawsuit earns opprobrium for CZ directors

Details of DUI Lawsuit earns opprobrium for CZ directors

December 31, 2007

As details of a DUI- related accident start to emerge a crescendo to a steady buildup in calls for a CZ director to step down is being reached. The case in question (05CC02855) involves a traffic accident that occurred September 22, 2004 at the intersection of Vista del Verde and Mackenzie Lane. The defendant was visiting Coto de Caza as a guest of Coto de Caza Goldf Club, having earlier participated in a golf tournament. The CZ Master Association and its property management company are included in the list of the defendants.

Prior to details becoming public, it was argued by certain members of the CZ board of directors that the lawsuit filed against the CZ Association on 02/03/2005 and settled in May of 2007 cost the CZ Master Association nothing. Such assertions were at best misleading. After various requests for information, the CZ board of director’s president writes in part: “The Association was sued, and the insurance company defended the Association and settled the suit. The Association had a self-insured retention (“SIR”) obligation in the amount of $100,000.00, which the Association had paid during the beginning of the action. The insurance company paid all defense costs after the SIR was exhausted and the insurance company paid the settlement funds to the Plaintiff”.

The response from madam president simply re-ignites calls for the resignation of board member Robert Varo: “It appears that CZ ultimately paid $50,000 of the deductible as a result of a settlement with the parties involved in the case. … Bob Varo should resign immediately. Jerry Mezger blatantly lied about this case which demonstrates once again why he should have been recalled from office had he not resigned. Varo and Mezger exposed our Members to liability and danger on our streets. In addition to deaths from serious accidents on our streets during their watch, they have cost us money time and again by their incompetent management of the Association”, writes former CZ director and chairman of the Recall Mezger Committee.

The successful Recall Mezger Committee has now set up a website for those interested in the removal of R. Varo from the CZ master association board of directors.

Court document indicate that CZ Master defense relied almost exclusively on actions taken by previous board of directors. Whereas the actions related to the administration in charge when the accident occurred, may have been misleading, such as the implication that the Sheriff could legally be engaged in pro-active traffic enforcement in Coto de Caza during a period it was expressly forbidden by County ordinance. A quick review of Messrs Varo/Mezger show the following public safety legacy:

After taking control of the CZ Master association affairs,

The board fired the CHP for por-active traffic patrol, without a suitable alternative. The yearly accident rate doubled, culminating in two traffic fatalities in the community can calls for the re-hiring of the CHP.

The president of the board called CHP management “extortionists” during board meetings

The association refused to allow CHP management a few minutes of a board meeting for a public safety awareness announcement – turned control of meeting to trashy TV producers.

When concerned residents asked that a cityhood town hall meeting be changed to security, immediately after the first traffic tragedy, sans CHP patrol, the board cancelled the meeting an refused to let citizens use the facilities to discuss safety matters.

The association fired the largest private security company in the worlds (roughly $1.7 million/year contract) and replaced it with one of the smallest one in the region, without evidence of due diligence

The association fired a volunteer safety chairperson because she refuse to place the cityhood issue ahead of public safety, and refused to give up her free speech rights.

The association let road certification expire, rendering the re-hiring of the CHP for proactive traffic patrol useless – then blamed the expiration on a missing tickler file.

The association refused to produce public safety committee meeting minutes as dictated by civil code, arguing that either there was a non-existent public safety committee and/or there were no “actionable actions” taken.

CotoBlogzz Tagzz- use a social networking manager below to share this or any other article with others...more Other reasons why Mr. Varo should resign, according to Mr. Morabito are irregularities in CZ elections:
“Under Bob Varo we saw corrupt elections, failure to properly bid out major services, exposure to danger and liability on our streets, ignoring legal agreements,

more subsidies going to outsiders as pay offs, loads of money wasted and now the final straw, the monies paid out in the Skendarian lawsuit that directly ties to Varo/Mezger actions.

Many have been sounding alarm bells concerning Varo/Mezger for years. Mezger is finally gone. Varo has to go TOO to bring ethics and sound management back to CZ.” If you would like to be kept informed or would otherwise like to help “bring back ethics and sound management to the association”, as Mr. Morabito says, write to:

According to the Davis-Sterling act, campaigning for the removal of a director is allowed. Titleholders may campaign for removing directors from office, and directors may campaign against the recall. However, neither side is allowed to use association funding for their campaigns. Any access to association media must be granted equally.

Members may request a special meeting of the membership for the purpose of removing the entire board or individual directors by presenting a petition to the board signed by 5% or more of the membership. Corp. Code §7510(e) The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws. Note: Corp. Code §7222 specifically refers to removal, as compared to petition and not recall. According to Vanitzian’s California Common Interest Development – Homeowner’s Guide “When attempting to remove the board of directors, titleholders must serve the board with the requisite documents or proxies requesting the removal of the board. In the context of removal of the board, petitions and proxies are two different instruments with two different purposes and should be treated accordingly.”


Coto de Caza DUI Collision Lawsuit Notes
Case No 05CC02855 involves a traffic accident that occurred September 22, 2004 at the intersection of Vista del Verde and Mackenzie Lane (undisputed fact). The defendant was visiting Coto de Caza as a guest of Coto de Caza Gold Club, having earlier...

Coto de Caza DUI Collision (Skendarian) Lawsuit Settlement
According to court records filed in Superior Court in Orange County dated November 28, 2006, the Skendarian lawsuit settlement worked out includes:

When is a Homeowner Association Committee not a Committee?April 12, 2007

More than 85 cents of every CZ dues dollar goes to either the gardener or the private security guard. Regularly either the OC Register, the CZ newsletter or the CZ president’s letter extol the virtues of the gardener, the private security guard or the member of the landscaping or public safety committees.

It is Official! The Recall Mezger Movement is ON
The Recall Jerry Mezger (From the CZ Master Association board of directors) Movement is adding fuel to the fire by officially launching the Recall Jerry Mezger website:

CZ BOD Readies for Rose Bowl ? goes long on trickeration playThe
video taping of board meetings were cancelled for ?being too expensive? ?in reality much less than any CZ subsidy and certainly much less than the cost of this trickeration playBoise State launched the Trickeration triad to win the Fiesta Bowl...

CotoBuzz December 2007 - Political Assassinations in OC - Its in the Water!
From Assassination to Hostage Crisis in Coto de CazaBringing in Hugo Chavez to Coto de Caza to negotiate the release of direct democracy is like asking President Clinton to help clean up the DC Intern program!The Coto de Caza governing body has been in...

Coto de Caza, 2Q2007 CHP Collision Summary
The newly elected CZ Master Association Board of directors? president has vowed to improve the relationship between the board and CHP management, a minimum requirement in order to increase the CHP traffic patrol to at least 2006 levels. We think that...

Scrutiny of Community Journalists
The question is, what type of community journalism are you getting from your local reporter(s)? Community journalism can be viewed as a form of reporting news and information for a certain geographic area, with the purpose to serve the best interests of...

1Q2007 Coto de Caza Crime and Vandalism Report
A comparison between the 1Q2006 and 1Q2007 Crime and Vandalism reports shows that a favorite Coto de Caza crime is fraud, that the Peter Pan Syndrome continues to be alive and well (crime is evenly distributed between kids and adults) and a criminal...

The CotoBuzz Journal May 2007
CHP in Coto - Big Mouth CZ Bob- By Joseph Morabito, former member CZ Master Association Board of DirectorsHello All: I have heard that CHP officers are not volunteering to work in Coto even for the time and a half pay they would earn. So, we are not even...

The Varo anti-CHP Sentiment continues: CHP GO HOME, KEEP OUT OF OUR DUIs!
The Coto de Caza gates, including the automated ones are as reliable as the public utilities in the outskirts of Baghdad, yet the association continues paying for services barely-rendered, no questions asked.

The CotoBuzz Journal March 2007
Public Safety - A Job For the Gendarmerie Royale Du Coto de Caza! A Tribute to Mr. Morteza Manian On the First Anniversary of His Tragic Death

The CotoBuzz Journal February 2007
The Enemy Within Coto Caza: The CHP - CZ BODs

CHP DOES ITS JOB – CZ BOARD PLEASE DO YOURS! - Despite the public abuse the CHP has received from the Coto de Caza board of directors ever since the board was coerced into bringing the CHP back for pro-active traffic patrol, figures indicate that the CHP is doing its job: Trend for accident rate is down and close to pre-firing levels. Just as important, the number of Coto residents arrested for DUI is down. See chart below for actual accident rate.

Law Enforcement – Evil, Necessary Evil, Or Noble Profession and Role Model? In open societies, we posit that law enforcement follows Winstren’s Law: Law Enforcement Goes Where it is Needed and Stays Where it is Wanted

Breaking News: 2007 CZ Elections Results now Available from the CotoBuzz Journal! We can now predict with a reasonable degree of accuracy the results of the 2007 CZ Master Association Board of directors. The theme for the 2007 elections? Big Change!

Auditioning For a New Board or Getting Ready for the 2008 CZ Elections In the Delegates Corner column of the June 2007 issue of the CZ Newsletter (CotoVoice), a direct reference is made to the Coto Discussion Forum and characterized as a platform for “constant barrage of nastiness directed at public officials in the print and electronic media serves no useful purpose”, echoing previous interpretations of the (Jerry Mezger) meaning of the 2007 CZ elections that the entire community has tuned out and no one reads the blogs. CZ election results and record breaking May 2007 blogzz activity tell a significantly different story, however.

HOA Petitions – The Right Way and the Wrong Way We just received our own copy of D. Vanitzian’s California Common Interest Development Homeowner’s Guide and started to devour it. Given that the 2007 CZ Master Association board of directors elections are scheduled to use cumulative voting and a delegate system the state legislature has outlawed and that we have

CZ Master Association Board of Directors Candidates Night ? A Voice Of Reason
Vince Hylka emerges as a breadth of fresh air, not seen in a CZ board of directors in years! The traditional annual meeting where delegates meet to hear candidates to the CZ Master Association board of directors prior to deciding how to cast their...

Paraphrasing the OC Register on coverage of CZ Master Association Candidate?s Night.
In the article titled Delegates meet HOA board candidates, published May 17, 2007, new OC Register community reporter states that ?a moderator asked a range of questions that covered issues including security, direct voting, the possible installation of...
DaVaro Deception - Law and Order ! We don’t need no stinkin' law, WE are the law! VARO/MEZGER/HILL: Hell now, won’t go! – we will not leave the Coto de Caza board under any circumstances! Besides public safety, what has sparked the interest of several Coto Discussion Forum participants and CotoBlogzz readers is the issue of direct democracy within Coto de Caza. That is, given that recently the state legislature passed SB61 intending to obsolete a most corrupt district delegate and cumulative voting process, the question is, why did the Varo/Mezger/Hill board not adopt direct elections for the 2006-2007 board of directors elections? The response from the board was that there was simply not enough time.

Select Blogzz & click icon

BlogzzSpot NewzzVinezz FeedBurner CotoBlogzz BraveBlogzz Y!360Blogzz

Archived Issues

General Information


censorship CID Community journalism cotobuzz Crime CZ democracy DUI freeloaders government Laguna Woods Village Mezger OC OCDA Public Safety South Orange County subsidies transparency Wealth Yocham
Grab this swicki from


To subscribe/unsubscribe to the CotoBuzz Journal or send Letters to the Editor : click here or send email to:

The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895

Privacy Policy | Need Help? | Contact Us | Administrator:

No comments: