Posted By CotoBlogzz
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.
Something similar can be said about the trial of free speech
in Coto de Caza, now in the hands of the Honorable John L. Flynn III.
Not much
different from the Leisure World’s Golden
Rain Foundation Vs Franz and Golden Rain Foundation vs. Lyon. In that case (1994) 16 Small Claims Court
complaints were filed because the board of directors refused access to GRF’s financial records. The case ended up with the California
Supreme Court (1999) which
sided with the residents – however, some 80% of the initial residents died by
the time, the Supreme Court Decision was handed down – something critics say
the association was counting on, in the first place.
A Small
Claims action was filed against Coto’s CZ Master Association board of directors
alleging that the association not only failed to comply with Civil Code
§ 1365 but that that it continues to claim it is
beyond local, state and federal jurisdiction.
The Honorable John L. Flynn III presided during the trial
held July 23, 2012.
The session included an action brought against a pooch named
Austin Powers by two separate dog sitters.
In both cases, the plaintiffs claimed the pooch’s owner owed the money. In both cases the owner denied he owned
money and claimed to have little recollection of the facts.
Another case dealt with a $3,000 Vercace dress bought off
the run-away and subsequently damaged during dry cleaning. The dry cleaning operation owners, supported
by an expert witness, claimed the problem was a manufacturer’s defect.
Then there is the case of a labor relations issue where a
young main claimed a loan-modification managed of a defunct-business owed him
$10,000. The manager denied he had
first hand knowledge of wrong-doing inside the organization and that he had no
interaction with the plaintiff.
In all three cases, the Honorable John L. Flynn III was
deliberate, attentive and genuinely interested to hear the two sides of the
story. In all three cases, simply
listening to the two sides present its case, made it extremely difficult to
render an impartial verdict.
 |
| ADVERTISEMENT |
In this case, the Honorable John L. Flynn was visibly
disconcerted when I mentioned I was a
representative of the independent media, and when I noted that the association
used an attorney to notify me that it would not comply with Civil Code § 1365, unless I signed a Shut Up rule.
I argued that the association was claiming to be beyond the
jurisdiction of local, state and federal law.
For example, 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.
§ 6253.9 Electronic
format
§ 6255 (a) Denial
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. .
Further, the records in question are Form 990s – According
to the IRS, not only are form 990s supposed to be made available to anyone who
asks, but the IRS makes these available to the general – which is how we obtained our copies,
without having to sign a Shut Up Contract.
The form 990s filed by the CZ Master Association with the
IRS state that contrary to the Sarabanes Oxly Ac (SOX)t, it does not have a
documented whistleblower procedure and does not have a documented conflict of
interest procedure. Worse: The form 990s also indicate that all
individual board members are available at the Keystone address, but when the
Orange County Sheriff’s Department (OCSD) attempted to serve the members,
Keystone refused stating “they do not work for Keystone”
 |
| CZ Master Association 990 available from IRS - not Shut Up Rule requiredd |
As justice Ginsberg might say, those in the know don’t
talk. Those who talk don’t know.
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Audacity of CZ Irrationality
Coto
de Caza, CA - I have notified the CZ master Association and Keystone of my
intention to file complaints with the Small Claims Court against the CZ Master
association board of directors/Keystone for 1) Failure to comply with
inspection of records request 2) for interfering with the normal operations of
the CotoBuzz Journal.
Coto de Caza's Declaration of Independence, July 4, 2012
Coto de Caza, CA - The June 2006 issue of the CotoBuzz Journal includes a letter to the CZ Master Association members from former CZ master Board of directors Joseph Morabito reading in par
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 and
Ladera Ranch 1Q2011 Public Safety Review
Coto 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.
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?
Coto de Caza's
Traffic Incident Rate at Critical Danger Levels
Coto 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.
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, 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.
Bicycle Safety
Within Coto de Caza
During 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...
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...
COTOBUZZ
RELEASES CRIME & VANDALISM MANAGEMENT TOOL
In 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-
SecurityAreNotUs
In 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...
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 Newsletter
First 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 Caza
Last 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 Caza
When 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.
Rancho Santa Margarita, CA - That great sucking sound you
hear comes from all the jobs leaving California for states such as Utah,
Nevada, Arizona and Texas. All thanks to the union, lobbyists and
thousands of parasitic bureaucracies, such as LAFCO, which are sucking the
economic life out of the state.
Two elections are now part of an FBI investigation into allegations
of corruption at Cudahy City Hall. Transcripts of wiretaps allegedly show that
local officials believed they could control election outcomes.
The DaVaro
Deception and the Gospel According to MezgerFor years, the
DaVaro Deception has led Coto de Caza resident’s believe that public safety was
the board’s number one concern, while repressing initiatives designed to
prevent crime & vandalism and save lives, and promoting personal agendas.
As complaints mounted and calls for his termination
increased, a blatant example of the most recent deception is board member Jerry
Mezger’s revelation that the Property Management Company’s general manager is
not a Keystone employee, but rather a highly paid association employee “CJ
works for the Board and not Keystone. Keystone merely handles the payroll
and other personnel technicalities. Keystone has no authority to hire,
fire, or discipline CZ’s General Manager”.
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:
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
LOS ANGELES, CA- The California Attorney General (AG) today announced that the
AG's office has filed a civil suit against former California Public Employees
Retirement System (CalPERS) Board Member Alfred Villalobos, his company ARVCO
Capital, and former CalPERS CEO Federico Fred Buenrostro, charging them with
fraud
Of Parasitic Bureaucracies
Rancho Santa Margarita, CA - We plan to update this page from time to time - so
stay tuned, or send us suggestion,We continue to assert that California’s
Triple Threat is choking off California: 1) Unions, 2) Lobbyist and 3)
Parasitic bureaucracies. In the past, we have discussed the California Law
Revision Commission (CLRC), the Local Agency Formation Commission (LAFCO), and
the Air Quality Board (AQB) as an example of parasitic bureaucracies.
The EEOC Says we are wrong – Criminals Deserve Jobs Too.
When clients ask us to suggest a cyber security plan, we start out with a
number of questions, such as: Do you know about the $1,000 fence for the $1.00
horse? Who is the enemy? The answer usually leads us to the What and the Why of
the final proposal. Turns out that some 70-90% of all security breaches are
directly linked to insiders. These and other fact lead us to include a
recommended best business hiring process, which includes a background check on
potential employees, particularly those who may be chartered with guarding the
aforementioned horse.
CAL. AG Lobbies US Senate - Refuses to join in Challenge to
Constitutionality of HCR
LOS ANGELES, CA - As a financial reform package advances in the Senate and an
unrelenting swarm of Wall Street lobbyists descends on Capitol Hill to block
it, Attorney General Edmund G. Brown Jr. today urged senators to preserve a
critical portion of the legislation which allows states to join the fight
against financial fraud on the front line. At the same time, as a number of
Attorneys General and Governors accross the country swarm to challenge the
constitutionality of the ObamaCare Bill, Brown refuses to join mostly because
doing so politicizes the issue
Caza the GRUP Capital of Orange County. - Rancho Santa Margarita, CA - A
review of the crime and vandalism figures for the communities of Coto de Caza
and Ladera Ranch for the third quarter of 2009 show few surprises, although in
both instances, the incident rates have inched upward. Larceny, theft and
fraud are the main factors contributing to the increase in Coto de Caza, while
fraud, vandalism and dis-orderly conduct are the ones listed for Ladera Ranch.
In covering public safety in the community for the last six
years, I have learned that the GRUP Syndrome aka Michael Jackson’s Syndrome –
where adults refuse to grow up, is not only alive and well in Coto de Caza, but
is also thriving.
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:
What are the
$1.5M Coto de Caza Gates Good For? We
have often presented irrefutable evidence that gated communities are not
necessarily safer than communities with no gates. In fact, the over
$1.5 million dollars/year spent by Coto de Caza, often makes that
community less safe than most of the gated or un-gated neighbors
What Coto de
Caza is Doing for Public SafetyWAugust 8,
2008
We are currently following up
on various traffic incidents registered in Coto de Caza during July and have
asked the CHP to confirm the investigations are still open in the cases listed
below
Orange County
Crime Down, Nation's Crime Up -
While the
FBI is
expected to report a 1.3 percent rise in violent crime nationwide in 2006 — an
increase for the second straight year, Sheriff Michael Carona today
announced that criminal homicide, forcible rape, robbery, aggravated assault,
burglary, larceny-theft and motor vehicle theft decreased by 3.7% in jurisdictions
served by the Orange County Sheriff’s Department in 2006. “This is great news
for Orange County. Violent crimes decreased by 7.72% and property crimes
decreased by 3.76% as compared to 2005. The men and women of the Orange County
Sheriff’s Department, in partnership with our residents, community leaders, and
business owners, continue to make law enforcement a top priority. We are, once
again, one of the safest communities in the nation,” said Sheriff Carona.
No Dues Increase
for Estates and Villages - Thanks CZ!
Thanks to the outstanding work of the boards from the Estates and the Villages,
apparently there is no need to raise dues for 2009 ? however, most of the
credit should go to the CZ Master Association board of directors for their
contribution to the common..
Crime and
Vandalism In Coto de Caza at All Time High
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...
From "To
Serve and Protect" to Disarm, Intimidate and Ridicule
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…
CHP DOES ITS JOB
– CZ BOARD PLEASE DO YOURS! 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 is doing its job: Trend for
accident rate is down and close to pre-firing levels. Just as
important, the number of Coto residents arrested for DUI is down.
See chart below for actual accident rate.
Coto de Caza
Truth Or Consequences
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.
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…
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,…
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...
First 2006-2007 Coto de Caza Board of Directors Meeting,
Standing Room Only! …and Coto de Caza’s Tar Baby
The 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
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...
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...
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..
.
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...
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...
