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
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?
Coto de Caza Free Speech on Trial – Honorable John L. Flynn III presiding
Coto de Caza, CA – while most pundits speculated over what the Supreme Court would do about the individual mandate included in the ObamaCare legislation, most also warned not to read too much into the Justices’ line of questioning. Most of the pundits were right on the latter, wrong on the fate of the individual mandate.
Coto de Caza, CA - While Ladera Ranch registered 16 injured, 16 property damage and 4 DUIs during the fourth quarter of 2011, the community experienced seven injuries, 12 property damage and no DUIs in the first quarter ending March 30, 2012, according to figures from the California Highway Patrol San Juan Capistrano Office
Coto de Caza, CA - While the number of traffic accidents for the second quarter of 2011 in Ladera Ranch more than doubled, resulting in nine injuries and three driving under the influence, according to the figures supplied by the California Highway Patrol (CHP) San Juan Capistrano (SJC,) it appears that the traffic accidents in Coto de Caza are trending down.
While Incident Rate Lower, Still at Critical Levels
Coto de Caza, CA - The good news for Coto de Caza residents is that the quarter-to-quarter accident rate for the quarter ending March 31, 2011 is significantly down from the previous quarter. The bad news is that it is still at the same levels as when the community experienced its two traffic fatalities within a three month period between December 2005 and March 2006
Coto de Caza, CA –By its own words and actions, it is fair to argue that Coto de Caza’s local governance is not only apathetic when it comes to public safety, but its own actions actually result increase the risk to residents. Worse, seems like adults in Coto de Caza have similar views as the local governance.
Coto de Caza, CA - While the Coto de Caza's total population has been shrinking for the last ten years, including placement of 17 property liens for the month of January 2011 out of roughly 3500 homes, the policies pursued by the CZ Master association board of directors, the local governance, have consistently increased traffic with a reduction in CHP patrol hours, with predictable results. Consider that for close to a decade, we have consistently shown conclusive evidence that there is a direct correlation between the extent of the CHP traffic enforcement efforts and the number of traffic accidents in the community.
Rhianna Six Month’s Anniversary Mr. Manian’s Three Month’s Anniversary
It has been six months since Rhianna Woolsey died (December 7, 2005) in the first traffic fatality in Coto de Caza in the last ten years. Sadly, this week also marks the Three Month Anniversary of Mr. Morteza Manian’s death, as he was struck by a...
During the June 8, 2006 Coto de Caza board meeting Yo Orduno described a public safety situation in the Summerfield district including a warning about an increase of rush hour cyclists in and around Vista Del Verde, some even riding pairwise making the...
Dear CZ Board Members:
The first 2006-2007 Coto de Caza Board of Directors Meeting, can best be described as standing-room only, with the local media well represented. A political junkie would have felt right at home, as you could sense the excitement, the energy and the...
In its continued commitment to public safety, on June 1, 2006, CotoBuzz unveiled a Crime and Vandalism Management tool (see below for first installment), containing key metrics and a side-by-side comparison between Coto de Caza and Ladera Ranch....
In today's Canyon Life, there was an article about Lyle Schlieder's leaving the BOD. Lyle was quoted as follows: "There are no patrols anymore. I am not sure if what we are dealing with is just a pretty face at the gate that we pay a lot of money for." So...
BREAKING NEWS: COTO IS SAFER THAN OTHER COMMUNITIES:
First Traffic Accident Lawsuit Filed: Coto de Caza Public Safety Bandwagon is filling up Fast- Hop In!: . We just received the February 2006 CHP report – as previously reported in the Coto discussion forum, we had our first traffic accident in...
Last night, December 12, 2006, the CZ homeowner’s association board of directors held their regularly scheduled open session meeting. Present were representatives from the LA Times and Freedom Communications.
When we first moved to Coto de Caza over 12 years ago, we really thought there was No Place Like Coto. Shortly thereafter CNN/Money discovered Coto as well and included it in their list of One of the Best Places to Live/Best Places to Retire.
LOS ANGELES, CA- The California Attorney General (AG) today announced that the AG's office has filed a civil suit against former California Public Employees Retirement System (CalPERS) Board Member Alfred Villalobos, his company ARVCO Capital, and former CalPERS CEO Federico Fred Buenrostro, charging them with fraud
Rancho Santa Margarita, CA - We plan to update this page from time to time - so stay tuned, or send us suggestion,We continue to assert that California’s Triple Threat is choking off California: 1) Unions, 2) Lobbyist and 3) Parasitic bureaucracies. In the past, we have discussed the California Law Revision Commission (CLRC), the Local Agency Formation Commission (LAFCO), and the Air Quality Board (AQB) as an example of parasitic bureaucracies.
When clients ask us to suggest a cyber security plan, we start out with a number of questions, such as: Do you know about the $1,000 fence for the $1.00 horse? Who is the enemy? The answer usually leads us to the What and the Why of the final proposal. Turns out that some 70-90% of all security breaches are directly linked to insiders. These and other fact lead us to include a recommended best business hiring process, which includes a background check on potential employees, particularly those who may be chartered with guarding the aforementioned horse.
LOS ANGELES, CA - As a financial reform package advances in the Senate and an unrelenting swarm of Wall Street lobbyists descends on Capitol Hill to block it, Attorney General Edmund G. Brown Jr. today urged senators to preserve a critical portion of the legislation which allows states to join the fight against financial fraud on the front line. At the same time, as a number of Attorneys General and Governors accross the country swarm to challenge the constitutionality of the ObamaCare Bill, Brown refuses to join mostly because doing so politicizes the issue
As the Coto de Caza board of directors controlled by Varo/Mezger/Hill continue to handle public safety as a Tar Baby, it is only appropriate to consider a tag line for Coto de Caza once Varo/Mezger/Hill accomplish their goal of turning Coto into a City....
Thanks to the outstanding work of the boards from the Estates and the Villages, apparently there is no need to raise dues for 2009 ? however, most of the credit should go to the CZ Master Association board of directors for their contribution to the common..
The President?s letter contained in the October 2008 CZ Master association newsletter asserts that ?With the kids back in school, incidents of vandalism have dropped 80%. There were a lot more vandalism incidents this summer compared to last year for...
It is all about the culture stupid! - Arrogance, incompetence or stupidity?When we first interviewed Sheriff Hutchens and just prior to her swearing in ceremony we asked her to define the OCSD? culture. She was unable to articulate a response - so we...
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…
Hello 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 getting the 40 hours a week that was the original deal under Glisson/Rose. It would seem that Bob…
A 2006 CZ newsletter proudly announces that the ?CZ Master Association Champions Public Safety Committee?, During 2006 general CZ board meetings, the board appoints a chairman and various public safety committee members.A 2007 CZ stupid lawyer letter…
With more than a few data points under Coto’s belt, we can officially declare that there is a positive downward trend in the number of Coto residents arrested by the CHP since we started this report!
Earlier this morning we spent close to two hours with Mayor of the City of Laguna Nigel Cathryn DeYoung & Candidate for Orange County Supervisor, Fifth District and Lt. Col. Bill Kogerman.
Given Keystone’s, private security company and the myriad of consultant’s track record, we repeatedly asked the board to use our supplier performance metrics or come up with their own.
At the risk of pulling an OCR’s Sickler (attempting to impersonate a reporter by presenting “news” with no factual information to support these news), we are starting to see what appears to be a trend: A reduction in Coto residents…
These (see email below from former Coto de Caza board of directors, Joe Morabito) are clear indications of an out of control board:Generally, the rights of homeowners include the right to participate in meetings of the board of directors and to be heard,…
California is the direct democracy capital of the nation. California uses the direct initiative process, which enables voters to bypass the Legislature and have an issue of concern put directly on the ballot for voter approval or rejection. There are two...
ocham, Zipperman, you just won a seat on the Coto de Caza Board of Directors, what are you going to do now? In his book Values in a Time of Upheaval, Cardinal Joseph Ratzinger asserts that a fundamental orientation in the modern conception of politics and...
In general we are in agreement with Joe Morabito's assessment of the 2006 candidates to the CZ Master Association Board of Directors (below) . Our recommendations differ slightly for a number of reasons, some of the listed below: For an attorney
In this Shakespearean classic, Macbeth is about a noble warrior who gets caught...
OFFICZE SUPPLIES & COTO’s CZENSE OBITUARY
When the current Coto de Caza board of directors first took office, Mitch Hill told the joke of a new executive who received three sequentially numbered envelopes from his predecessor and told to open these only when he had major problems and needed...
Blatant manipulation of 2006 CZ Master Association Elections Continues
When the May 2006 issue of the CA Master Association President's Letter contained erroneous information regarding the number of remaining candidates for the board of directors, we published an errata and called on those responsible for managing the...
The current Coto de Caza board of directors came to power with the help of non-resident Paul Young. Young is executive vice president with the CRI. CRI has been accused in the past of financial irregularities, which allegedly triggered an investigation...
The May 2006 issue of the Coto de Caza President’s Letter contains an error that can have a significant impact on the 2006 board of director’s election:
The message reads in part “The newly elected Delegates from the 45 CZ Master..
Disturbed by the feedback the board is getting about service providers, the board president writes in the May 2006 issue of the CZ President’s Letter: “what makes matters worse is that one would think that these individuals would know...
We just had a constructive, and at times very heated, conversation with Orange County’s Deputy District Attorney, Susan Schroeder regarding the tragic accident that occurred March 12, 2006 at the intersection of North Hampton Place and Lexington Way...