Alleged Judicial Misconduct: Is Small Claims the right venue to settle HOA disputes? The jury is still out in Orange County, CA
CA Commission on Judicial Performance
455 Golden Gate Avenue
Suite 14400
San Francisco CA. 94102
September 7, 2012
Gentlemen:
 |
I would like to lodge a serious complaint of judicial misconduct
against judge John L. Flynn III of the Laguna Hills CA. small claims court
and certain members of his court staff.
On or about September 6th 2012 Judge Flynn and several members of his court staff held one or more ex-parte
meetings and discussions With plaintiffs of a case in his court without the
defendant in the case being present.
|
I would like to lodge a serious complaint of judicial misconduct against judge John L. Flynn III of the Laguna Hills CA. small claims court and certain members of his court staff. On or about September 6th 2012 Judge Flynn and several members of his court staff held one or more ex-parte meetings and discussions With plaintiffs of a case in his court without the defendant in the case being present.
The sum and substance of these illegal meetings were outlined in an email to me as follows from one of the plaintiff's management staff personnel. In this email he said quote:
" As I stated in our most recent phone conversation (of September 6th 2012) based on most recent feedback from the court (about our case to be heard on September 12, 2012) management will be moving the case to civil court. This is due to the high balance on the account. At one point we believed it was permissible to waive high balances in order to make the small claims filing amount limit. Since then we have been advised by Judge Flynn and the court that we cannot "ding" other homeowners for homeowner delinquencies
and waive such large amounts such as in your case".
"The previous negotiations with you were done under the assumption that we, the
Association, were able to waive large amounts in order to make the small claims filing limit. Since then we have knowledge from the court and the judge that waving such amounts is not permissible and we will now dismiss the claim to later file in civil court in order to comply".
On your commission web page you state that quote: "One of the types of judicial misconduct investigated by the commission on judicial performance is when there is receipt of information about a case outside the presence of one party to the litigation." Well Sir it seems to me that that is exactly what happened in my wife's case. These people all got together and discussed ways to get around all the small claims filing limits. My question is why was my wife not invited or allowed at these meetings to voice her objections over what they were doing in her case.
I should tell you also that this was not the first claim made against my wife in this small claims court by these plaintiffs for this very same amount within the small claims filing limit. The first case was heard several months ago by another judge who dismissed the case because the plaintiff home owner association violated the law by not providing my wife with a fair and reasonable internal dispute resolution program required under CA civil code 1363.850 before they filed suit against her and as of this date this program has still not been provided to my wife.
This, of course, was the defense my wife and I had prepared in this lawsuit once again..... before based on information from the court and judge Flynn they the association decided to drop the case in favor of suing my wife once again illegally and in violation of civil code 1363.850 in civil court. I guess what all this means is that judge Flynn and his court play fast and loose with the law over there in his Laguna Hills small claims court and in so doing deprive people of their constitutional right of due process under the law.
I rest my case. I hope You will investigate this complaint forthwith and apply whatever appropriate sanctions and punishment you deem necessary to prevent this type of judicial and court misconduct from happening again.
Thank you.
Sincerely
William Kirkendale
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RELATED STORIES
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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