Coto de Caza's HOA not under jurisdiction of state and or federal law: honorable John Flynn III
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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Wednesday, July 15, 2015
Homeowner sues Coto de Caza’s Keystone Pacific & James Harkins – Legal eagles come home to roost?
Stanley Feldsott on his website indicates he was paid $60,000 on a $3,000 debt collection
Posted by CotoBlogzz
Coto de Caza, CA – After a decade of working as a most toxic triad, Keystone Pacific, James Harkins and Coto de Caza’s CZ Master Association board of directors, turned the association into arguably the most litigious homeowners association in Southern California. Now however, the tables seemed to have been turned around:
Attorney Joseph C. Rosenblit has filed a lawsuit on behalf of Joseph A. Miner against HUNTINGTON CONTINENTAL TOWN HOUSE ASSOCIATION, INC. homeowner against, RUSTAN LAINE, in his capacity as President of Huntington Continental, MYRA KUCK, in her capacity as Treasurer of Huntington Continental, KEYSTONE PACIFIC PROPERTY MANAGEMENT, INC., a California corporation.; CAREY TREFF, in his capacity as President and CEO of Keystone, ARTURO CRAYRA, an individual; DIANN ROBERTSON, an individual; RICHARD BARR, an individual; and DOES 10 to 50, Inclusive in Case No.: 30-2014-00748493-CU-CO-CJC
A portion of the complaint challenges what it characterizes as “multiple violations of law and abusive debt collection practices by Defendants.”
A portion of the complaint challenges what it characterizes as “unjust enrichment of the Association’s service providers: Feldsott-Lee, Cane-Walker and Keystone - two debt collection law firms and a debt collection / management company.”
The complaint alleges illegal acts include violations of the State and Federal debt collection acts, and violations of the Davis Stirling Act.
The complaint contends there are three significant separate but related issues addressed in the action:
1) the failed and illegal collection and attempted foreclosure scheme implemented by Feldsott-Lee,
2) the pre-foreclosure and collection scheme carried out by Keystone and Cane-Walker, and
3) the unjust enrichment of these service providers and associates during these extortion-like illegal debt collection endeavors.
The complaint argues what we have been saying for decades: “because of the seemingly unlimited and perpetual financial resources of the Association, the service providers often offer the Association self-serving advice, and make self-serving decisions which line their own pockets financially. They initiate fruitless, often illegal, collection and enforcement pursuits such as the relentless collection attacks” on homeowners
Further, the complaint supports another argument we continue to make: “What seems to be a common thread these days in all HOAs from coast to coast is that HOA attorneys routinely suggest and initiate litigation. The reason: win, lose or draw they get paid, and they get paid very well. Stanley Feldsott on his website indicates he was paid $60,000 on a $3,000 debt collection. [exhibit #4] 9. In the illegal collection case against Miner, with the Association losing the appeals, and eventually the entire lawsuit, Miner believes the Association has lost about $250,000 between payments to the service providers, and payment for Miner’s attorney fees and costs”
Have the legal eagles come home to roost?