Wednesday, December 19, 2012

One Small Small Claims Ruling, One Big Slap on the Wrist Against HOA/Property Management Company


The first thing Judge John Flynn III did was greet the defendant by name and apologize for having kept HER waiting!

I would like to report on what happened at my Small Claims action for production of documents.
I appeared before Judge John Flynn 111.  The first thing he did was greet the defendant by name and apologize for having kept HER, 
Wendy Panizza, from PCM, the property management company who was representing the United Laguna Woods Mutal HOA, waiting.

The next thing the Judge did was to ask the Defendant to explain her case.  This is out of line with Court procedure.  Always, the Plaintiff, should go first and present their case.
The defendant went into her explanation over and over again, that there were no accounting records to produce since the Board only wanted to know the use of the washing machines, laundry room by laundry room and not how much cash was taken from each laundry room
My case was for an accounting of cash collected from the laundry rooms, laundry room by laundry room.  The Board had asked the management company to do this task and in fact gave them extra money in order to determine the use of the washing machines, laundry room by laundry room.  A graph was presented to the Board showing the usage. This graph was given to the Judge. 


My argument was that if the management company could produce a graph showing the use of the washing machines, that there had to be an accounting of the cash collected from each laundry room. 
I won my case, $500 fine with $60 costs, but the Judge has not directed Defendant to produce the records, which I presume, PCM/the Board do not want me to see. What are they hiding?
Mary Wall

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Alleged Judicial Misconduct: Is Small Claims the right venue to settle HOA disputes?

Alleged Judicial Misconduct: Is Small Claims the right venue to settle  HOA disputes? The jury is still out in Orange County, CA 

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

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.

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