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,
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| 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.
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| 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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While Incident Rate Lower, Still at Critical Levels
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Our research over close to ten years indicate that whether a community is safe or not, is primarily a function of residents and local governance, not law enforcement. Consider that when a city in Orange County is deemed the safest city, what about the other 11 cities or the unincorporated areas? What about Coto de Caza with the highest crime rate in history in early 2010. After all, only common denominator is that the OCSD is the law enforcement agency. What does the OCSD do differently in the safest city, as opposed to the least safe city under its watch?
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The Coto de Caza Board of directors meeting held, appropriately on July 13, 2006, provided yet more evidence of the involution of the safety committee:
Coto de Caza's Own Climate Change – An Inconvenient Truth: a Big Snow JobRancho Santa Margarita, CA - The president of Coto de Caza’s local governance reports that certain residents are surprised the community is doling out subsidies of over $3 million/year, mostly as a result of the board’s misguided decision to build a dog park at the time it is facing a fiscal tsunami of its own making.
At the same time, the local governance reports having worked for “most of the past year to identify the various long term governance options available to the community”. It fails to report, that the local governance has also been working with an un-elected, unchecked body, LAFCO. Not unlike, the unelected, unchecked Air Resources Board declaring today that AB 32 will not change the economy: .” these bodies are tax-payer funded bodies acting more like unregistered lobbyists, which is why we often referred to them as parasitic bureaucracies and one of California’s Triple Threa
Rancho Santa Margarita’s Council Member Thompson’s Suspended ContractRancho Santa Margarita – CA. The Menifee City Council has suspended Finance Director Gary Thompson’s contract and will hire an auditor to probe the city's internal financial controls. The audit is supposed to focus on the city's supplier management process and controls. Mr. Thompson is an incumbent Rancho Santa Margarita council member seeking reelection
Parasitic Bureaucracies
Calif Public Employees Retirement System Board Member Charged W Fraud
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Of Parasitic Bureaucracies
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THE AUDACITY OF COTO DE CAZA STUPIDITY
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Coto de Caza Traffic Citations – Trading Places- We have often referred to the GRUP, Peter Pan and even Michael Jackson Syndrome – where adults refuse to grow up - and usually associated with traffic citations. This time is no different. Looking at snap shots of citations throughout 2008:
Public Safety Data Indicates GRUPs Continue to be an Issue in Coto de Caza- Coto de Caza, CA - The latest public safety data from the Orange County Sheriff's department shows the crime rate in Coto de Caza continues an upward trend that started at the end of December of 2007 and reached a peak by March of 2008.
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Grup City – Coto de Caza ......Of Peter Pan, Grups and Coto d Caza
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....
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....
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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...
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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...
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…
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…
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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…
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…
How many times must the CZ safety committee be formed before it can be called an association committee?
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…
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…
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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!
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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.
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.
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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.
Finally the board’s response was: “If…
CHP PUBLIC ARREST RECORD FOR WEEK ENDING 9-10-2006
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…
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…
The Broken CZipper and Mezger’s POLP Rain
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,…
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,…
The Coto de Caza Government Paradox
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...
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...
NEW COTO DE CAZA BOARD OF DIRECTORS, SALVATOR OR CONSERVATOR?THE RISE AND FALL OF THE VARO/MEZGER EMPIRE
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...
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...
First 2006-2007 Coto de Caza Board of Directors Meeting, Standing Room Only! …and Coto de Caza’s Tar BabyThe 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...
COTO DE CAZA BOARD 2006 ELECTIONS - A VOTING GUIDE
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 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
The annual Coto de Caza Shakespearean Festival kicks off May 11, 2006, with the adaptation Macbeth by none other than the Board of Directors’ President, The Baro himself.
In this Shakespearean classic, Macbeth is about a noble warrior who gets caught...
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...
COTO DE CAZA ROOTS: USE OF "NON-RESIDENT VOLUNTEERS" April 30, 2006
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 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...
COTO DE CAZA BOARD OF DIRECTORS ERRATA
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..
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..
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COTO DE CAZA LEADERSHIP MODELING
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...
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...
JUSTICE, COTO DE CAZA STYLE
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...
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...
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