Posted by CotoBlogzz
Coto de Caza, CA – Every time we get a chance, we yell that
homeowners associaiton Lawyers and property management companies use homeowners
as their private HOA. Or as we
previously reported in the previous posted titled New
lawsuit sheds light on corruption in HOA industry “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"
Worse, Coto de Caza’s largest HOA, the CZ
Master Association, is also the most litigious HOA in Southern California, and
now its lawyer, James Harkins has lost
another battle (30-2014-00719598 ) charging the HOA $30,000 for a Small Claims Court complaint! Guess
who is footing the bill? HINT: It
is not Harkins, not the property
manager and not the HOA directors.
In this last case, defendant Miner’s Request for
Court Order to vacate the court’s dismissal of the Small Claims action without
prejudice, and to enter a dismissal with prejudice, was granted.
Trial, within the meaning of CCP § 581(a)(6),
commenced within the meaning of CCP § 581(e), when the court heard witness
testimony on the trial de novo on 9/22/14 and 10/6/14. After commencement of trial, the HOA no
longer possessed the right to dismiss without prejudice. The HOA has failed to make a showing of good
cause for any different result, within the meaning of CCP § 581(e).
CCP § 473 allows a court in its discretion, to
set aside an order made through a party’s mistake, inadvertence, surprise, or
excusable neglect. Here, the court’s
3/9/15 order dismissing the HOA’s complaint without prejudice, was entered as a
result of Miner’s mistake, inadvertence, surprise, or excusable neglect in
failing to file his opposition to the HOA’s request in the Central branch court
rather than Harbor branch court (where the Small Claims action originated), and
his confusion in not knowing he was able or required to attend the 3/9/15
hearing. Accordingly, the court exercises
its discretion to set aside the 3/9/15 order dismissing the HOA’s Small Claims
action without prejudice.
We continue our investigation as to why the
CZ Master Association is the most litigious HOA in Southern California. We ask its president Xochitl Yocham to help us unravel the
mystery, but instead of helping us, she continues with obfuscation: The HOA has failed to provide us records of complete legal
expenses for a specified period, as prescribed by civil code. Our preliminary conclusion is that Ms Yocham and the HOA’s
lawyer and property management company, are toxic to the homeowner’s wallet
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posted by CotoBlogzz
Rancho Santa
Margarita, CA - the CZ Master is the largest the largest homeowners association
in Coto de Caza. For more than ten years, the current board of directors,
aided and abetted by legal counsel and Keystone Pacific, have practically
eliminated dissent and turned it into arguably the most litigious homeowners
association in Southern Californi
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...
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
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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Robert Varo steps down from Coto de Caza's CZ Master Association, so what?Posted by CotoBlogzz Coto de Caza, CA - Coto de Caza's CZ Master Association board of directors reports that Robert Varo will n...Monday, February 03, 20144Q2013 Traffic Accident Report - Coto de Caza Rate Continues at all time high, Ladera Ranch inches up
Coto de Caza, CA - The California Highway Patrol (CHP) traffic accident report for the fourth quarter of 2013 ending December 30, 2013 (4Q2013) shows the traffic accident rate in Coto de Caza is at an all time high at rates comparable to the ones when the CZ Master Association board of directors fired the CHP with fatal consequences in December 2005 and March of 2006.
Coto de Caza’s website gets a Failing grade from Qualys for its security protocolsRancho Santa Margarita, CA – Qualys, a pioneer and leading provider of cloud security and compliance solutions announced yesterday that its newly released tool can detect the OpenSSL HeartBleed vulnerability announced Monday, April 7, 2014
Using the Qualys tool, the CZ Master Association’s website gets a grade of F. So does its security company’s, Universal Protection (UPS) website
Coto de Caza and Ladera Ranch 1Q2011 Public Safety ReviewCoto 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's Traffic Incident Rate at Critical Danger LevelsCoto 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.
Coto Continues on Dangerous Course of Traffic Incidents
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 Fires the CHP - Again!
Coto de Caza, CA - The CotoBuzz Journal has documented the one-sided hate-hate relationship between the CZ Master Association board of directors and law enforcement agencies in general, and the California Highway Patrol (CHP) specifically (CHP). In an open board meeting for example, a board member called the Orange County Sheriff's Department (OCSD) extortionists! Despite the public abuse the CHP has received from the Coto de Caza board of directors ever since the board was coerced into bringing the CHP back for pro-active traffic patrol, figures indicate that the CHP has been doing its job: - The Chart below was published Sept. 30, 2006.
Rhianna Six Month’s Anniversary Mr. Manian’s Three Month’s AnniversaryIt 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...
Bicycle Safety Within Coto de CazaDuring 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...
Coto de Caza - New Election Laws - Call for CandidatesDear CZ Board Members:
In July, 2006 the new state law governing HOA elections will take effect. That means that shortly thereafter, the Board should send out information concerning the mechanisms the Board intends to implement in 2007 to comply with...
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...
COTOBUZZ RELEASES CRIME & VANDALISM MANAGEMENT TOOLIn 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....
COTO DE CAZA- SecurityAreNotUsIn 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:BREAKING NEWS: COTO IS SAFER THAN OTHER COMMUNITIES:
The April 21 issue of the CanyonLife reports that “Fred Lisanti of Pacific Oak Security, security consultants to the ( Coto de Caza) board, presented a report indicating the official crime...
CotoBuzz March 2006 NewsletterFirst 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...
Lawless, Clueless Coto de CazaLast 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.Lawless, Values-less, Spiritual-less Coto de CazaWhen 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.
