HOA Law Firm Adams-Kessler Declares War on LA Times HOA Columnists

Posted by CotoBlogzz

Rancho Santa Margarita, CA - While we do not know what motivates Adams-Kessler to launch a major offensive with the obvious intent to discredit the LA Times Column written by by Stephen Glassman and Donie Vanitzian, keep in mind that Adams-Kessler almost exclusively represents the status quo, whereas the columnists make an effort to comfort the afflicted. 

Glassman and Vanitzian are the authors of Villa Appalling!: Destroying the Myth of Affordable Community Living (2002).  Vanitzian is the author of the Thomson-West legal treatise, California Common Interest Development — Homeowner’s Guide (2006-2007) and a HOA advocate.

Further, the law firm has had major challenges representing the status quo in several HOAs in general and the Laguna Woods Village in particular.  It so happens that community activists in these HOAs are avid readers of the aforementioned LA Times column

We asked Mr. Adrian Adams to comment on our observations.  Adrian Adams and Gary Kessler are members of Community Associations Institute, CAI, and Kessler is active in CAI’s legislative action committees (LAC) helping to shape the national lobbying organization’s (that’s CAI’s) view of the HOA industry.  Among other things, in 2004 CAI had cautioned the NJ appellate court in the Twin Rivers free speech case against “the unwise extension of constitutional rights to the use of private property by members (as opposed to the public) (Amicus curiae Community Association Institute (“CAI”), Committee For A Better Twin Rivers v. Twin Rivers Homeowners Association (TRHA), Docket No. C-121-00., p.19).

While Mr. Adams was prompt to our request, his answer was non-responsive.  The question we asked was about is  the apparent attempt by  Adams-Kessler to discredit the LA Times  HOA advocate columnists.  His response:  “The topic of managers in meetings has already been covered in more detail on our website. See:

http://www.davis-stirling.com/DelegatingBoardAuthority/tabid/1539/Default.aspx#axzz1ZM8F5WOu

http://www.davis-stirling.com/AttorneyClientPrivilege/tabid/1461/Default.aspx”

We informed Mr. Adams that we viewed his answer as non-responsive and urged him to clarify his remarks for our readers.

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Kessler Laguna Woods Village Debut Weak

During last night’s Third Board meeting called expressly to remove Director McDaniel for what can be characterized as  “because we can” argument, supported by Gary Kessler of Adams, Kessler, the directors accomplished their task, after re-scheduling the meeting for a third time.

On the other hand, it was a poor debut for Gary Kessler, new Third Board legal counsel, who insisted the removal was  legal, while expecting that his opinion will be challenged in court.  Residents expressed not being  “…all impressed with Mr. Kessler, his persona was nervous and much like a young man on his first date meeting the parents for the first time!! Nervous and skittish, with a silly laugh ! He could use some work on his people skills.”

Any bets as to how long Adam’s Kessler will represent the Gang Who Couldn’t Shoot Straight?

Complaint Review: ADAMS KESSLER, PLC FIRED + SUED BY HOA - MALPRACTICE AND NEGLIGENCE - ADRIAN J ADAMS, Esq AGAIN!

 A LAWSUIT WAS JUST FILED ON AUGUST 27, 2010 AGAINST "CAI LAWYERS" ADAMS KESSLER, PLC ("AK") by the Cerritos Villas Homeowners Association ("CVHOA") in Ceriitos, California.

The Complaint against Adams Kessler,PLC (AK) alleges NEGLIGENCE and BREACH OF FIDUCIARY DUTY.

The Complaint alleges as follows:

1. AK (Adams Kessler,PLC) was discharged on August 28, 2009 as the communities lawyers

2. One or more members of the former board of directors for CVHOA were participating in the embezzlementof funds from CVHOA.

3. AK (Adams Kessler) together with the 

Laguna Woods Following  the Yellow Book Road

The Salvo Heard Around Laguna Woods and the rest of the Homeowners Association/Common Interest Property Industry

Laguna Woods, CA - It is heretic for homeowners association to go against a property management company – after all, a whole multi-billion dollar  industry has been built around the notion that  since in a common interest development (CID) community, the board is composed of volunteers who come and go, it is up to the property management company and legal counsel to properly manage the “institutional brain” – that is, directors do mostly what the property management company and or legal counsel dictated.  Just pay a visit to the Community  Association Industry  for a perfect example in support of the premise.

Laguna Woods Board Meeting Security Rivals BOS CCW Hearings | Red

The Laguna Woods Third Mutual Board mimicking the recent OC CCW hearings, finally politically assassinated one of its own.

Katie McDaniel, an apparent critic of the status quo was removed last night from the Third Mutual Board by majority acclamation - by a board referred to as the Gang Who Couldn't Shot Straight

If your business can make it in New York, can it make it anywhere? Find out!

The Second Annual Latin Media & Entertainment Week to showcase talent, growth and diversity of Latin New York

Posted by CotoBlogzz

NEW YORK – To celebrate  Hispanic Heritage Month, the Latin Media and  Entertainment Commission (LMEC) announced  the Second Annual Latin Media & Entertainment  Week (LMEW) will take place from Monday, October 3rd through Sunday, October 9th. 

Because New York City has the greatest number of Hispanic-owned business and sales than any other city in the U.S. and with buying  power increasing in the Latino population, New York is playing a greater role in investment and business  opportunities.

“Latin Media and Entertainment Week is a great example of why New York City continues to be a thriving  destination for Hispanic entrepreneurial and cultural leaders,” said Mayor Bloomberg.

“I'm just so pleased to see such vibrant activities going on here in this Latin Cultural City, despite the  tough economic times. What makes it so New York is that our Latin culture has crossed-over and appeals widely across the City; and to learn that Hispanic-owned businesses in NYC sold more than Hispanic  businesses in any other city in the country is a testament to what New York City has to offer,” said Mario  L. Baeza, chairman, Latin Media and Entertainment Commission and founder and chairman Vme Media,  Inc.

The mission of the Latin Media and Entertainment Commission is to establish New York as the leading global economic Latin cultural center and destination.  This year, the LMEC  released its first  “New York City: The Capital of Latin Media & Entertainment Fact Pack.” I where it compares and contrasts   New  York and other U.S. cities with large Latin populations, showing  data pertinent to New York’s  Latin population growth, increased educational achievements, biculturalism and bilingualism, use of  technology, an array of Latin cultural activities, and growing tourism.  

To kick-off the week-long celebration, LMEW will open with two Business Conferences (Hispanic

Professionals Networking Group Entrepreneurs Conference and the CEO’s Summit Conference) that will  unite the leading Hispanic entrepreneurs, Media, Entertainment, Technology and Brands to exchange  marketplace insights and best practices.  The conferences will focus on providing the necessary skill sets and operational procedures to help small businesses grow, share and enhance a broader knowledge of  industry's best practices and plan out ways to grow brands and maximize results in the marketplace. 

 “We recognize that business leaders wake up every morning thinking about digital and Hispanic as the  two leading growth drivers in the U.S. and the second Annual Media & Entertainment Week will help us  showcase the impact Hispanics are having in both of these sectors in New York and around the country,”  said Randy Falco, president & CEO of Univision Communications Inc.

 Carlos Manzano, executive director of the LMEC. Said  “New York City has solidified its standing as a major Latin hub for culture, media and entertainment.   With the second LMEW, we’re showing the world that the city offers a window of opportunity to explore, invest and tap into the large Latin market and the talent from the most dynamic and diverse Latin  population in the U.S.” 

The LMEW is an opportunity for all New Yorkers and visitors to enjoy great Latin events, some of which  are open and free to the public. This year’s activities will include art, music, comedy, theater, networking,  business functions, and cultural events. For more information and a full calendar of all Latin Media and  Entertainment Week events, click here  

Coto de Caza’s Financial planner convicted of stealing $2.8 Million from elderly

Posted By CotoBlogzz

Coto de Caza, CA  - Hitomi Tsuyuki, a financial planner was convicted today of stealing approximately $2.8 million from vulnerable, elderly people, many of whom he met through his father's church. Tsuyuki, 57, pleaded guilty  to 17 felony counts of the use of untrue statements in the sale of a security, 10 felony counts of theft from an elder, one felony count of grand theft, one felony count of the use of a scheme to defraud, and a sentencing enhancement for causing property damage over $2,500,000. He is expected to be sentenced to 18 years in state prison at his sentencing Oct. 28, 2011, at 9:00 a.m. in Department C-35, Central Justice Center, Santa Ana. Some of the victims are expected to make victim impact statements at that time. 

According to the Orange County District Attorney’s (OCDA) office, between Nov. 22, 1997, and Nov. 8, 2007, Tsuyuki stole approximately $2.8 million from 33 clients while working as a financial planner by convincing them to invest in bonds with the intention of keeping the money for himself. Many of the victims had been associated with Tsuyuki since he was a child, as they had attended the church where the defendant's father was a minister. The defendant targeted vulnerable elderly victims who trusted him, including those who were recently widowed or who were in need of assistance because of memory loss and early signs of dementia. 

The defendant encouraged victims to invest in an opportunity that he falsely represented as the purchase of a tax free municipal bond. He instructed the victims to make the checks out to his company, Tsuyuki Integrated Financial Resources. Tsuyuki deposited the money into his own accounts instead of investing it as promised. The defendant falsely claimed to be a lawyer who was qualified to assist the victims with estate planning the writing of trusts. Tsuyuki is not and has never been a licensed attorney. 

Tsuyuki also offered victims the opportunity to purchase interest in a money market account, instructed them to make checks out to the money market account fund, and instead deposited the checks into his personal account.

Tsuyuki  then used the stolen money for personal expenses including for his Coto de Caza home, a vacation property in Mammoth, a golf club membership, and cars. 

When victims asked for documentation of their invested money, Tsuyuki created false statements to reassure victims that their investments were safe. He also lied to the victims and claimed that the investment company had a mistake in their records regarding the victim's address to explain why they did not receive regular mail updates. 

Orange County District Attorney's Office (OCDA) Investigators began to review the case after receiving complaints from victims who discovered their investments were lost when they attempted to liquidate the investment. Several victims were unaware that their investments had been embezzled until being contacted by the OCDA.  

Deputy District Attorney Yvette Patko of the Major Fraud Unit is prosecuting this case.  

No Sharia Law In the OC for the UCI-Ten

Posted By CotoBlogzz, CA

Rancho Santa Margarita, CA - An Orange County jury convicted 10 defendants today with conspiracy to disrupt a meeting and speech by the Israeli Ambassador to the United States at the University of California, Irvine (UCI). The defendants were sentenced to three years of informal probation and 56 hours of court-approved community service. Each defendant was found guilty of one misdemeanor count of conspiracy to disturb a meeting and one misdemeanor count of the disturbance of a meeting. 

The defendants are: Mohamed Mohy-Eldeen Abdelgany, 24; Khalid Bahgat Akari, 19; Aslam Abbasi Akhtar, 24; Joseph Tamim Haider, 23; Taher Mutaz Herzallah, 21; Shaheen Waleed Nassar, 21; Mohammad Uns Qureashi, 19; Ali Mohammad Sayeed, 24; Osama Ahmen Shabaik, 22; and Asaad Mohamedidris Traina, 20. 

In July 2011, Hakim Nasreddine Kebir, 21, accepted a plea negotiation offered by the People. His case will be dismissed upon completion of 40 hours community service. 

The incident occurred Feb. 8, 2010, on the campus of UCI. Israeli Ambassador to the United States Michael Oren.  Ambassador Oren was the featured speaker at a meeting co-sponsored by multiple organizations including Anteaters for Israel, UCI's School of Law, Department of Political Science, and Center for the Study of Democracy. Approximately 500 to 700 people had assembled for the meeting. Seven of the defendants were students at UCI and Akari, Herzallah, and Nassar were students at University of California, Riverside. 

 District Attorney Tony Rackauckas said in a press release   

"Today, an Orange County jury sent a strong message that First Amendment rights belong to every American and we will not tolerate a small band of people who want to hijack our freedoms.  It does not matter if we agree with the speech, or even if we find the speaker offensive.  It does not matter who the speaker is, or who is shutting him down.”

Assistant District Attorney Dan Wagner is prosecuting this case. 

Bavaria Meets Vienna in Leavenworth, WA – thanks to ICCA

Posted By CotoBlogzz

Leavenworth, WA – What do you get when you combine, breath-taking scenery, an outdoor musical performance to suit your taste and natural fireworks brought o you by fireflies, with a taste of Bavaria? Answer:  Leavenworth, Washington!

Bavaria in Central Washington

And as they say in the Infomercials, but wait, there is more!

According to an Icicle Creek Center for the Arts press release  “ While Leavenworth has been home to various local artists and arts organizations, Icicle Creek is in the middle of an exciting transformation, broadening its extraordinary classical music organization into a vibrant home for a wider array of artistic excellence that blends performance, education and advancement of the classical and lively arts in a gorgeous, rural location.”


Vienna is the capital of the Republic of Austria and is  by far the largest city in Austria, as well as its cultural, economic, and political center.

Michaeler Plaza, outside grand entry to Hofburg Palace

Icicle Creek Center for the Arts is dedicated to celebrating excellence in the lively arts and inspiring generations of artists and audiences through exceptional experiences, live performances, and special events - all in the breathtaking, natural setting of the mountain meadows. 

The same press release quotes Leavenworth Chamber of Commerce Director, Nancy Smith saying:  "Icicle Creek Center for the Arts has great economic value that can be harnessed to increase regional economic growth. Leavenworth and our visitors will continue to benefit from the positive connections and experiences with artists and the arts in this worthwhile investment for the community.”

ICCA tells fans and supporters they can count on continued excellent, musical and innovative performances, and “while planning a destination vacation to Leavenworth, visitors will surely add "Icicle Creek" to the list - next to brews and brats of course, but not necessarily in that order.”

For more information about Icicle Creek Center for the Arts, contact Lilia Grundy at

lgrundy@icicle.org or (509) 548-6347.

RELATED STORIES

To Bavaria and Back in 100 hours
Rancho Santa Margarita, CA - Bavaria, the largest German state by area, forms almost 20% of the total land area of Germany and is Germany's second most populous state with Munich as its capital. Bavarians consider themselves to be egalitarian and informal. Their sociability can be experienced at the annual Oktoberfest, the world's largest beer festival, which welcomes around six million visitors every year, or in the famous beer gardens.

CCSR SOBs

Posted By CotoBlogzz

Rancho Santa Margarita, CA - Recently Hector Barajas, director of strategic communications at Revolvis,  consultant for Univision and former spokesman for California gubernatorial hopeful for Meg Whitman in 2010 and Spanish media spokesman for the McCain-Palin campaign in 2008 argued that the GOP should launch a Hispanic outreach, pronto!

“It is almost impossible for anyone, even the most ineffective among us, to continue to choose misery after becoming aware that it is a choice.”- William Glasser -

While voting is a choice, the issue with the GOP is not whether to pander to the Hyphen American vote as much as it is to figure out what it wants to be when it grows up,  or as we like to say, It is the Brand Stupid!

Launching a Hyphen American campaign as suggested by Barajas is tantamount to  choosing misery, and here is why:

The Mostly Left Wing and Hyphenated Media, including Univision,  have too much vested in the status quo and will take every opportunity to use  WMD to manipulate the apathetic, uninformed and otherwise cognitive-challenged voter. This is why whether the GOP launches a major Hispanic campaign or not, the voter who identifies him or herself first and foremost as Hyphen-American, will vote Obama in 2012.

While the MLWH Media loves to play on the differences, also known as class warfare, the Hyphenated differences are mostly along the lines of taste, as opposed to values.  If on the other hand, the electorate segmentation is along values, the Hyphen quickly disappears.

Jeb Bush's is on the right track when he says that the GOP should stop using the "Us-Vs-them" Approach" - In the end, It's the GOP Brand Stupid!

 this article is along the same lines

LAUSD PD Guilty - Superintendent Remarks Disgraceful!

Posted by CotoBlogzz

Rancho Santa Margarita, CA -   Jeffrey Stenroos, 30, a Los Angeles Unified ( School District LAUSD)  police officer charged with faking his own shooting, triggering a massive manhunt and schools lockdown,  and who pleaded not guilty  to  a six-count grand jury indictment was convicted today of four felonies and one misdemeanor. Stenroos was taken into custody and has been ordered to undergo a psychological exam. He is due back in court Dec. 14 for sentencing.

Deputy Dist. Atty. Paul Nunez told Judge Patricia Schnegg that the city is seeking $361,289 in restitution, and the Los Angeles Unified School District is seeking $58,000 in medical costs. The district is still determining the cost of keeping students in lockdown at eight campuses for up to 10 hours, prosecutors said.


LAUSD Superintendent John Deasy said he will recommend that the district's board of education fire Stenroos.  According to Deasy,

"Mr. Stenroos is a disgrace to the Los Angeles School Police Department and this district...Since he has been found guilty of five of six counts in a court of law, our legal team can proceed more quickly with the required processes needed to end the officer's employment."

We disagree:  It is disgraceful that Stenross has been on a paid-leave at taxpayer's expense AND Deasy is merely recommending that the district board of education fire Stenroos.  This is merely another artifact of the symbiotic relationship between politicians, the union, lobbyists and parasitic bureaucracies that have bankrupted the state.  In the private sector, for example, Stenrosse would have been terminated on the spot.

As it is, in order to terminate an incompetent union employee in public education, requires an Act of Congress.   And the way the Congress is acting right now, this implies the chances are zero to none!

GOP Debate and parallel Universe

Posted By CotoBlogzz

Rancho Santa Margarita, CA - While listening to the GOP Debate on mainstream media including NPR, I got the sense that the substantive debate was all about a GOP internal battle.

Listening to the substance of the debate, it appeared to me the panel's consensus was a repudiation of Keynesian  Economics, ObamaCare and Obama Foreing Policy - or perhaps this just happen to be a parallel universe.

But of course, keep in mind that the Mainly Left Wing and Hyphenated media have too much vested in the status quo and will use WMD to manipulate the apathetic, uninformed and or otherwise cognitive-challenged electorate - which is why the overwhelming majority of the Hyphen-America vote in 2012 will choose Obama, William Glasser notwithstanding “It is almost impossible for anyone, even the most ineffective among us, to continue to choose misery after becoming aware that it is a choice.”- William Glasser

That is, such electorate is not even aware that is is a choice!

Lt. Governor Newsom’s - an Illustration of Self-Bounded Rationality

Posted by CotoBlogzz

Rancho Santa Margarita, CA – Today, KNX1070’s Frank Mottek interviewed California Lt. Governor Gavin Newsome starting off with the bad job numbers in general.  The Lt. Governor was not surprised saying that surprising would be for anyone to be surprised. And added that something bold needed to be done, as proposed in Governor’s Brown’s latest plan, which is in essence, a plan for a terrible plan, as follows

1)       Creating a job’s Czar

2)       Create a commission to study the issue

3)       Create a workforce commission

Apparently Lt. Governor Newsom did not learn much from his job’s trinket to Texas.  We continue to make the argument that jobs follow Winstren’s Law:  Jobs go where needed and stay where well treated and that California, aided and abetted by the symbiotic relationship between unions (CTA and SEIU spent over $500 million in ten years to buy favors from Sacramento lawmakers),  lobbyists (lobbyists outnumber  lawmakers by 10 –1) and parasitic bureaucracies (such as CLRC, LAFCO, AQB) and lawmakers have created  a gigantic  “Jobs not wanted in California” sign.   So, while the Lt. Governor is right that bold action is required, a plan for a terrible plan is not bold.

While the Governor and Lt. Governor’s plans are boneheaded  this is  not surprising.  After all it can be attributable to Brown & Newsom’s self-bounded rationality, also known as tunnel vision.  And while we continue to assert that the Mostly Left Wing and Hyphenated (MLWH) Media use WPD to manipulate the apathetic, uninformed and otherwise cognitive-challenged electorate, what is surprising is that the Lt. Governor and for that matter, all of the guests in today’s Business Hour show went unchallenged. What can you expect from the rest of the  MLWH media?

Spitzer Lied, Electrons Died, DeVore Whined

Posted by CotoBlogzz 


Rancho Santa Margarita, CA - We previously uncharacteristically decided to endorse Todd Spitzer over Chuck DeVore  for a seat on the Orange County Board of Supervisors, mostly because of

• Judgment
• Temperament
• Focus
• Conviction
• Results

We have also been a lone crying prophet about what we refer to as California's Triple Threat -  the symbiotic relationship between unions (CTA and SEIU spent over $500 million in ten years to buy favors from Sacramento lawmakers),  lobbyists (lobbyists outnumber  lawmakers by 10 –1) and parasitic bureaucracies (such as CLRC, LAFCO, AQB) and politicians, and why we think that an independent audit of the county in general and the Orange County Sheriff's (OCSD) is in order.  We have also asked Mr. DeVore to tell us his bold new initiatives for the county.  Instead Mr, DeVore picks up where he left off in the  DeVore-Fiorina 2010 race  - even when it was evident Ms Fiorina would emerge victorious, Mr. DeVore carried on with his asymmetrical negative campaigning 


In fact, Mr. DeVore did not like what blogger Sherman Tank had so in response to one of our pieces published in  the  Red County that he took the time to author a response titled, Anonymity, Substantive Debate and Libel, Sherman Tank a case in point.  Our  assessment is that while Mr. DeVore seems to like to dish it out, he does not like to be the recipient of any sort of criticism


More of the same is contained in the most recent money mailer from Mr. DeVore's campaign titled Spitzer lied; electrons died!- copied below in its entirety  apparently implying a Eureka Moment.  In reality, this is simply a DeVore Deja Vu Moment.  In other words, if Mr. DeVore is serious about California's Triple Threat, is it too much to ask to tell us specifically what he is willing to do - everything we have approached the subject with him, he has in essence told us:  "sorry, there is nothing I can do"

 Last month you may recall that I criticized my opponent for the Orange County Board of supervisors, long-time Big Labor politician Todd Spitzer, for illegally hiding dozens of union donations worth $54,150 in mandated campaign finance disclosure statements. In reply, Spitzer told the OC Weekly, “Chuck needs to learn how to read campaign finance reports.”  Spitzer denied wrongdoing to the paper, saying he had not hidden any union money. Spitzer then told the press, “I'm adhering to [Orange County Republican Party boss] Scott Baugh's manifesto and will not take any union contributions for my supervisor's campaign. What Chuck is saying is frivolous. All of my money is traceable.”
 Really? Well, last night, when Spitzer thought no one was looking on the eve of the Labor Day weekend, he filed a 519-page amended campaign finance report.  This report contains 189 missing pages of information that Sptizer was legally required to report last month.  189 pages detailing dozens of Big Labor donations of the type Spitzer denied accepting just a few weeks before.
 So, what have we learned? Spitzer lied about not covering up his Big Labor donations. Spitzer lied about accepting union donations. Spitzer lied about saying all his money was traceable. In short, Spitzer lied; electrons died.  Just a small portion of the Big Labor money Spitzer tried to hide from the Teamsters, AFSCME, the California Teachers Association and dozens of other unions. To see Spitzer’s denials in the press last month, read this article:

Obama adding Ambiguity to Uncertainty

Posted by CotoBlogzz

In a another flop, President Barack Obama on Friday scrubbed a clean-air regulation that aimed to reduce health-threatening smog, yielding to bitterly protesting businesses. Withdrawal of the proposed regulation marked the latest in a string of retreats by the president, drewing  quick criticism from liberals and the Mostly Left Wing and Hyphenated (MLWH) media.

Environmentalists, a key Obama constituency, accused him of caving to corporate polluters, and the American Lung Association threatened to restart the legal action it had begun against rules proposed by President George W. Bush.

Mr. Obama said his decision to block the Clean Air Act is to remove  uncertainty at a time of rampant questions about the strength of the U.S. economy, however. he also  theatened to go after polutters.  In other words, removing uncertainty while adding uncertainty.

While a sign of a top intellect is to make progress in the face of ambiguity, the same cannot be said of adding ambiguity to uncertainty.

Otherwise known  as being on the two sides of the fence, as in Libya:
http://news.yahoo.com/libyan-intelligence-documents-show-ties-cia-102850383.html

Will Laguna Woods Choose Misery?

  Posted by CotoBlogzz

Laguna Woods Village, CA - Today ballots will be mailed for the election of Directors for Third Mutual Board.   The choice is clear:  You can vote for 1) fiscal responsibility,  transparency and accountability or   2) Obfuscation, and LID ( lie, ignore, deny) Kathryn Freshley, Dr. John Paulus and Carol Skydell are representative of the former and if you agree, it is suggested you ONLY  vote for these three candidates, as doing anything else gives the opposition the upper hand.

 They trio has voted to keep monthly assessments the same for 3 years including 2012, while also increasing Reserves to nearly $20,000,000!.   The opposition's obfuscation includes  constant angry reference to an "ill conceived lawsuit," referring to the Third's Lawsuit against PCM.  This is the same lawsuit the United Mutual  board acknowledged merit, but cowardly, decided not to pursue it.  

It is the fiduciary duty of directors to investigate and correct actions taken without full board's  knowledge or approval, particularly when it involves resident's own money. What is so ill conceived about a lawsuit that ended up in a mutually acceptable settlement that did not cost Third one penny because all fees were reimbursed and additional money was obtained?

What about the   miraculous appearance of $ 300,200.00 "donation" from PCM? To date, the board has refused to confirm how the the miraculous event may have happened.

Continuously selecting misery when becoming aware it is a choice, is simply insane .