Termination proceeding for DWP employees is NOT the story.

Posted by CotoBlogzz 05-20-2010 09:45

DWP General Manager Austin Beutner said that of six suspended six employees last month after a KCBS Channel 2 / KCAL Channel 9 aired an undercover story showing  the  workers buying beer, drinking in a park, drinking while driving and entering a strip club, while on the job, DWP would start termination proceeding on two un-identified employees.

The employees now have two weeks to respond to the charges.  Bob Cherry, a spokesman for the International Brotherhood of Electrical Workers, the union that represents the employees, would not say whether the employees would contest the charges.  And THAT is part of the story.

Consider that since 1934, governmental entities in California have been allocated most public works architectural and engineering contracts because courts have interpreted Article VII of the California Constitution and its predecessor, former Article XXIV, to give civil servants a first right to these projects. The Legislature attempted to circumvent Article VII in 1993 by drafting legislation that provided exceptions to the constitutional provision, however the California Supreme Court criticized the legislation as "inartfully drafted" and affording " no  legitimate basis for disregarding the constitutional restriction on private contracting." (Professional Engineers In California Government et. al., v. Department of Transportation, 15 Cal. 4th 543, 553 [1997]- this is akin to Andy Stern Heaven!

Now, in the private sector, the evidence uncovered by the KCBS story would be considered irrefutable and all the employees involved would more than likely be terminated on the spot.  In this case, these “civil servants” have been suspended with pay, then legal counsel is available to them courtesy of the union – sort of like what happens with incompetent teachers.  Any ideas how long it takes to fire an incompetent teacher for cause?  At least one year if, the school district is smart! - This in part, is why public sector organized labor is California's Public Enemy One of  Three!

What does Mr. Beutner do?  He says that of the roughly 10.000 workers at the DWP, he thinks the bulk of them do their job!  The operative word here is “thinks” – not that he “knows."  Invariably when we ask managemet for metrics to make sure union employees are doing their jobs, as is the case with the Orange County Sheriff's Department, for instance, the answer is "we do not collect this information"
 
So, what makes Beutner think the bulk of employees do their jobs?  Did he think the suspended employees were part of the bulk or not, and if not, why did he not do anything about it?

This is yet another example of the unintended consequences of parasitic bureaucracies.

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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.

Wagner, Former Anaheim PD Convicted of Victimizing Women While On Duty

Posted by CotoBlogzz 05-17-2010 05:30 PM

SANTA ANA, CA - Bradley Stewart Wagner, a former police officer for the Anaheim Police Department (APD) was convicted today of victimizing three women while on duty in a marked police patrol car.  Bradley Stewart Wagner, 62, Perris, pleaded guilty to two felony counts for Jane Doe #1, one felony  for Jane Doe #2, and one felony count of false imprisonment by violence or deceit and one misdemeanor count of being an officer acting without regular process for Jane Doe #3. Wagner faces a sentence of four years in state prison at his sentencing on July 14, 2010

Jane Doe #1
Shortly after midnight on Nov. 11, 2005, Wagner turned on his overhead lights and pulled Jane Doe #1 over on Kramer Boulevard while on-duty in a marked patrol car. The victim,  was driving home alone from work in her van and pulled over in a parking lot.

Wagner instructed Jane Doe #1 to move her van,  leading her to a dark, secluded industrial area. He had Jane Doe #1 get out of her van, and molested her. He t finally released the victim as she began to vomit.

Jane Doe #1 reported the assault the following day to APD. As a result of media coverage on this case, two additional victims came forward. None of the three victims know each other or the defendant.

Jane Doe #2
Between Oct. 31, 2005, and Nov. 5, 2005, Wagner pulled over Jane Doe #2 on two occasions while on-duty in a marked patrol car. The second time Jane Doe #2 was pulled over, Wagner had the victim follow him into a secluded alley behind a business. Wagner  let her go after she resisted his advances and agreed to meet him the following night. The victim did not return to meet the defendant.

Jane Doe #3
Between Sept. 1, 2005, and Nov. 10, 2005, Wagner pulled over Jane Doe #3 on four occasions while on-duty in a marked patrol car. The defendant asked the victim personal questions, including whether she was married or had children, and let her go each time without writing her a ticket.         

Deputy District Attorney Lynda Fernandez is prosecuting this case.

Former Fullerton Gymnastics Coach Sentenced for Unlawful Relation With Minor

Posted by CotoBlogzz 05-14-2010  05:00 PM

FULLERTON, CA  - Jason Wayne Scofield, a  former gymnastics coach was sentenced today to one year in jail and three years of formal probation for having an unlawful relationship with a 16-year-old girl. Scofield, 37, formerly of Fullerton, pleaded guilty to the court Feb. 23, 2010, to nine  felony counts. The maximum possible sentence for the charges is seven years and eight months in state prison, according to the Orange County District Attorney's (OCDA) office.  The OCDA's office objected today to the court offer, advocating that the defendant should also be required to register as a sex offender.

Scofield met 16-year-old Jane Doe while working as a gymnastics coach at Wildfire Gymnastics in Tustin. Between Feb. 17, 2009, and June 30, 2009, Scofield had an unlawful relationship with the victim on numerous occasions in his car and at his Fullerton home.

Sometime after June 2009, Scofield joined the U.S. Army and was sent to Arizona for his military duty. While serving in Arizona, Jane Doe's parents learned of the unlawful relationship between their daughter and Scofield after receiving an e-mail from a concerned friend. Charges were filed and a warrant was issued for Scofield on Sept. 18, 2009.

A few days after the issuance of the warrant, Scofield was arrested in Arizona. The defendant was living in Ft. Huachuca, AZ, at the time of his arrest. He was brought back to Orange County, Oct. 21, 2009, to face charges.

Deputy District Attorney Nikki Buracchio of the Sexual Assault Unit prosecuted this case.

Connecting the Dots on the Elena Kagan Apparent Paradox

Posted by CotoBlozz 05-14-2010 03:30 PM


Senator Harry Reid early this week, characterized Supreme Court nominee Elena Kagan as a trailblazer, leading some lawmakers to complain that since Ms Kagan has never served as a judge and has spent very little time inside a court room,  she has left no trail.

However, others, have began to connect the dots and asking lawmakers to do the same:

Sanctity of life: Ms Kagan criticized a U.S. Supreme Court decision that prohibited recipients of federal funds from counseling on or referring women for abortions.

Support (lack thereof) of our military: As the former dean of Harvard Law School, she worked vigorously to remove military recruiters from the campus as a statement against the military's Don't Ask, Don't Tell policy - in essence dissing the Law of the Land

Intellect:  Ms Kagan is arguably an accomplished scholar, and perhaps her best and only positive attribute

Experience: There is not substitute for experience:  The country has witnessed  first hand what happens when an accomplished community organizer's skills are not transferable.  Paraphrasing management guru Dr. Mintzberg, "teaching an accomplished scholar how to be a  Supreme Court Justice diminishes the Constitution and can be hazardous to the country."  Prior to becoming solicitor general in 2009, Ms. Kagan had never tried a case all the way to a decision or verdict, according to her own recollection.

Marriage:  Ms. Kagan has used her position in the Obama administration to undermine the Defense of Marriage Act (DOMA), which federally defines marriage as the union of one man and one woman:

• As solicitor general, she abandoned the established federal position that procreation and the rearing of the next generation are key reasons for upholding marriage and goind a step further  wrote that the U.S. government does not have "any legitimate ... interests in child-rearing and is therefore not relying upon any such interests to defend DOMA's constitutionality." - this being the case, what are the implications for the Deaprtment of Education, Health Care Reform, and or the FDH (Fat, Dumb and Happy) Syndrome espoused by teacher's union?
• Ms Kagan stated that DOMA is discriminatory and that the Obama administration supports its repeal.

Staunch conservative lawmakers should be connecting the dots on Ms. Kagan's nomination, asking the tough questions and with all due respect to former First Lady Laura Bush, the main issue is not Ms. Kagan's gender, as much as her deeds and actions with respect to the US Constitution.

Two Face Trial for Murder To Steal Safety Deposit Box Withdrawal

Posted By CotoBlogzz 05-14-2010 11:00 AM


SANTA ANA -  Jose Alonso Najera Jr., 2  faces trial Monday for plotting the stabbing-murder of his parents in 1999 in order to steal their savings, which had been placed in a safety deposit box in anticipation of Y2K.

According to the Orange County District Attorney's office, Najera Jr., 29, Garden Grove, is charged with two felony counts of murder with special circumstances for murder for financial gain and multiple murders. If convicted, Najera faces a sentence of life in prison without the possibility of parole. Opening statements are expected to begin Monday, May 17, 2010.

Co-defendant Gerald Thomas Johnson, 29, Villa Park, was convicted by a jury March 15, 2002, of two felony counts of special circumstances murder with a sentencing enhancement for multiple murders. He was sentenced to life in prison without the possibility of parole on May 22, 2002.

In 1999, Najera's parents, 42-year-old Jose Najera Sr. and 46-year-old Elena Najera, withdrew their savings from their bank accounts in anticipation of the Y2K bug and put their money in a safety deposit box. Najera, then 19 years old, lived with his parents in Garden Grove and had access to the family's safety deposit box. 

Najera is accused of plotting with Johnson, a friend from high school, to murder Najera's parents. Najera is accused of arranging the murder in order to steal his parents savings. On Dec. 27, 1999, Najera is accused of leaving a window open to his home so that Johnson could enter the house that night. Najera is accused of then going to Johnson's house. Johnson invited several additional friends to his house that night to give the two defendants an alibi for the time of the murder.

While his friends were still having a party at his house, Johnson drove to Najera's house in the early morning of Dec. 28, 1999. Najera is accused of staying behind in an effort to avoid being suspected of the murders. Johnson entered the victims' house through the open window wearing a ski mask to disguise his identity and stabbed Jose Najera Sr. and Elena Najera more than 20 times each.

As the victims struggled for their lives, Johnson's ski mask was pulled off and left in the house. The defendant murdered the victims and fled the scene. At approximately 4:30 a.m., Najera is accused of pretending to have no knowledge of the murders and calling 911 to report that he had come home to find his parents dead on the floor.

The Garden Grove Police Department investigated the case and Johnson was charged in 2000 after being linked to the crime through hair and saliva DNA found on the ski mask, which was recovered from the crime scene. Najera was charged in 2008 as a result of additional investigation and a re-review of the case.   

Senior Deputy District Attorney Mike Murray of the Homicide Unit is prosecuting this case.

Insane, Laguna Woods Man Murders Mother and Found Sane

Posted by Cotoblogzz 05-13-2010 07:00 PM


SANTA ANA, CA  - Ethan Emanuel Rosenfeld was found sane by a jury, when he strangled and murdered his 82-year-old widowed mother, with whom he was living in her Leisure World home. Rosenfeld, 52, Laguna Woods, was found guilty by a jury May 5, 2010, of one felony count of first degree murder. Rosenfeld faces a maximum sentence of 25 years to life in state prison at his sentencing on June 11, 2010.

Between 4:00 a.m. and 6:00 a.m. on May 30, 2005, Rosenfeld strangled and murdered his 82-year-old widowed mother, Helen. He put her dead body in her bed, crossed her arms across her chest, and wrapped her body in a sheet. The defendant, who was unemployed and living with his mother in her Leisure World home in Laguna Woods, then fled taking the victim's credit card and car.

Rosenfeld went to Starbucks and a gas station and tried to use his murdered mother's credit card to buy coffee and chewing tobacco. He drove around for a while before returning to the house. At approximately 10:00 a.m., Rosenfeld called 911 and claimed that he found his mother dead and that she had passed away in her sleep.

As Rosenfeld entered pleas of "not guilty" and "not guilty by reason of insanity," the trial was held in two phases. In the guilt phase, during which the court heard evidence about the crime, the prosecution proved beyond a reasonable doubt to the jury that the defendant is guilty of the charged crime. In the sanity phase, the same jury considered evidence to determine if the defendant was legally sane at the time of the crime. 

Jay La Suer For San Diego County Sheriff Gets Nod from Vista Tea Party

Posted by CotoBlogzz 05-13-2010 03:00 PM

The Vista Tea Party has endorsed former number two at the Sheriffs Department Jay La Suer as Republican Party candidate for San Diego County Sheriff in the June 8, 2010 primary election because “ We believe Jay is exactly what We the People need,” according to a press release.  La Suer is past 77th AD assemblyman and a 10-year member of the La Mesa City Council.

America’s Sheriff Joe Arpaio has also endorsed La Seur, while Jim Duffy, son of a late former sheriff and the former head of the Deputy Sheriffs Association, seems to be getting lukewarm support from the union.  Last month, the union , voted  to spend a paltry $3,000 on Duffy’s  campaign, which had already fallen behind Sheriff Bill Gore in fundraising.

The Vista Tea Party is a self-described community organization of the Tea Party movement  dedicated to:

        1)    Returning constitutional government to our republic;
        2)    Returning to fiscal sanity and reducing the national debt;
        3)    Limiting the power and influence of special interests;
        4)    Ending the man-made California water crisis;
        5)    Supporting our soldiers and securing our borders;
        6)    Preserving free access to news and information, and
        7)    Championing issues central to our freedom, liberty and 
                prosperity.

According to the press release, the rationale for the group’s endorsement is that  “Our county is sinking in debt. Our county’s approach to illegal immigration defies common sense. Our approach to law enforcement needs fundamental reformation. Jay is the only candidate that addresses these issues the way “We the People” need them addressed and that is why we are endorsing him,” and goes on to state that  Jay LaSuer’s victory is assured because:

· Integrity is more important than money,
· We need a leader in law enforcement,
· We need to solve the enforcement of our immigration laws, and
· “We the People” have decided that we need rational leadership more than we need our feelings spared from reality.

Coto Cityhood, LAFCO and LAUGHCO

Posted By CotoBlogzz 05-13-2010 09:30

What part of NO, do parasitic bureaucracies such as LAFCO, do not understand?

While the state is broke amidst a financial tsunami and there is an exodus of business leaving the state for greener pastures in Arizona, Utah and Nevada, some politicians want to increase taxes.  Other parasitic bureaucracies such as  LAFCO and the CZ board continue to spend taxpayer money to push for cityhood.

Yesterday, LAFCO postponed for a fourth time a decision to force Rancho Santa Margarita to adopt Coto de Caza, the first step in the cityhood process, also known as sphere of influence.  LAFCO wants more time to study the issue.  Not unlike Sergio Prince’s recommendation to hire a “communications expert” to aid LAFCO staffers to get their communication act together.

The CZ board argues for cityhood to get “better services from county agencies such as the Sheriff’s department – this when Rancho Santa Margarita pays the county  $8.5 million dollars for OCSD services, yet not a single council members has a way to know whether that money is being used the way the taxpayers intended.

Leave to parasites and parasitic bureaucracies!

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Consider that lobbyists outnumber lawmakers in Sacramento 8-1.  Add to that the un-elected, unchecked bureaucracies, such as the CLRC, LAFCO and AQB, which are in essence tax-payer funded un-registered lobbyist, and one can see in part, why California is bankrupt:

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CTA's Mission Statement, Prop 8 and Globalization - The California Teachers Association recently lobbied for what can best be described as an oxymoronic "responsible budget by increasing taxes" argument. Then they turn around and pump  $1,300,000.00 to obsolete traditional marriage, arguably placing a good number of children at risk, while at the same time opposing Proposition 4 with similar consequences.

Kicking Signs and Taking Names - On the Name of 8!- The fundamental argument advanced by the Restoring Marriage and Protecting Children - Yes on 8 (Yo8) organization is that what seems to be lost in the current debate on proposition 8,  is the rights of the voiceless:  Regardless of which side of the debate one is in, the voiceless victims are the children.  The organization points out to statistics demonstrating that children raised in an atomic marriage are better off by any objective standard.  So the organization has decided to kick signs and take names, by naming corporations and organization against proposition eight.  Of course the opposition views the Yo8 tactics tantamount to extortion.

Proposition 8 Vote in Perspective  According to the official Statement of the Vote released by the Secretary of State. Proposition 8 passed by a margin of 52.3% to 47.7%.

• Prop. 8 received 2,150,000 more votes than did Arnold Schwarzenegger when he was reelected in 2006

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Two Long Beach Men Face Attempted Murder & Mayhem Trial

Posted By CotoBlogzz 05-13-2010 09:00

SANTA ANA, CA  - William Deshawn Cartlidge,  and Neil Deontrai Duffey face trial oday for shooting a liquor store owner and a customer in the head, callously stepping over their bodies to steal the cash register and escape. The attempted murders were caught on video surveillance tape. Cartlidge, 23, and Duffey, 22, both of Long Beach, are each charged with two felony counts of attempted murder, two felony counts second degree robbery, and a sentencing enhancement for the use of a firearm. Duffey is charged with one additional felony count of aggravated mayhem and sentencing enhancements for the personal discharge of a firearm, personal discharge of a firearm causing great bodily injury, and causing great bodily injury.

If convicted on all counts, Cartlidge and Duffey each face sentences up to life in state prison. Opening statements are expected to begin today.

At approximately 11:30 a.m. on Aug. 8, 2006, Cartlidge and Duffey are accused of being armed with firearms and entering Sunshine Liquor on Western Avenue in Buena Park. Immediately after entering the store, Duffey is accused of pulling out a firearm and shooting Mote Malhas in the head. Malhas owned Sunshine Liquor and was working as the clerk. After the victim had been shot, Cartlidge is accused of walking behind the counter, taking the keys off Malhas, and attempting to open the cash register as the victim suffered on the ground.

While Cartlidge attempted to open the cash register, Duffey is accused of shooting customer Cesar Castillo in the face and the back of the head as the unsuspecting victim entered the store. After being unable to open the cash register, the defendants are accused of removing the entire register and taking it out to their car. As they left the store, Cartlidge is accused of bending over and stealing Castillo's wallet as he lay bleeding on the floor. The defendants are accused of then fleeing the scene.

The attempted murders were captured on store video surveillance. The video surveillance was aired on local news stations in an effort to indentify the defendants, who are accused of turning themselves in on Aug. 22, 2006, in Los Angeles County. 

Both victims survived the attempted murders but Castillo continues to suffer from permanent blindness in one eye.

Senior Deputy District Attorney Jana Hoffman of the Felony Panel is prosecuting this case.

Los Angeles is Broke, LA City Council, what do you do next?

Posted by CotoBlogzz 05-12-2010 11:30 PM

 Rancho Santa Margarita, CA - Undeniably, Los Angeles is Broke.  Yet, when  Los Angeles Unified School District Board passed a budget plan calling for massive layoffs over the next two years,  the teacher's union protested outside the school board office chanting, "Enough is enough," as the budget gained passage.

Analysts say the average class size in LAUSD schools would jump from 24 to 29 students because of the cuts.  Bear in mind that Jaime Escalante of Advanced Math Placement Stand Up and Deliver fame argued with the union that he could teach Advanced Match in an inner-city setting with class sizes with more then 50 students.

As recent as yesterday, while analysts recommended the city lays off some 1,700 employees,and in doing so,  triggers union pay increases, which more than offsets the cost savings, a  Los Angeles City Council committee  recommended the city make 1,000 more layoffs next year than the 761 already planned by Mayor Antonio Villaraigosa.

All this while there is an exodus of business from California to Las Vegas, Utah and Arizona.

So, what does the Los Angeles City Council do next?  Pass a resolution objecting to the Arizona Immigration Law on the grounds that it "undermines democracy" - Really!

The resolution is as toothless as the "Iran faces serious consequences" message uttered by the President, repeated by the Vice President and Secretary Hilary Clinton, only to modity the threat to "  Iran faces serious consequences only if China and Russia will let us"

If the Los Angeles City Council would just take a public stance on California's Triple Threat, perhsp there would be a modicum of credibility.  As it is, the Arizona resolution carries as much weight as the "Iran faces serious consequences" message.

Ladera Ranch DUI Driver Convicted of Murder on Toll Road

Posted by CotoBlogzz 05-12-2010 10:30 AM

SANTA ANA, CA  - Richard Ernest Caselli, a driver under the influence of alcohol and cocaine was convicted yesterday of killing another motorist by crashing into the victim's car while speeding over 100 mph on the toll road. Caselli, 37, Ladera Ranch, pleaded guilty to the court May 11, 2010, to one felony count of vehicular manslaughter with gross negligence while intoxicated. Caselli faces a maximum sentence of 10 years in state prison at his sentencing July 30, 2010

At approximately 6:25 p.m. on Oct. 16, 2009, Caselli was speeding over 100 mph on State Route 73 in his Volvo sedan.  The defendant was under the influence of alcohol and cocaine as he drove at a high rate of speed just north of Laguna Canyon Road. Caselli lost control of his car and crashed into a Nissan sport utility vehicle driven by 51-year-old Brook Boynton. The force of the crash caused the victim's car to spin out of control and roll, ejecting Boynton onto the right shoulder. The victim was killed as a result of his injuries.

Caselli's vehicle also came to a stop. When contacted by police at the scene, Caselli displayed objective signs of intoxication including bloodshot and watery eyes, slurred speech, and omitting an odor of alcohol. Approximately an hour and a half after the crash, Caselli had a blood alcohol level of .18 percent, more than twice the legal limit. The defendant also tested positive for cocaine.


Deputy District Attorney Jason Baez of the Homicide Unit is prosecuting this case.

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BRING BACK GOVERNOR PETE WILSON
by Donie Vanitzian, JD(c) 2007 D. VanitzianYou can?t have a good old boys and girls club without a little help from friends in high places, of course, a little help from California?s State Bar wouldn?t hurt either. [FN1]Forget for a moment that the term...

SPENDING OTHER PEOPLE?S MONEY by Donie Vanitzian, JDX(c) 2007 Vanitzian
I mean really! How difficult is it to spend other people?s money? Cheech!! It?s a no brainer, especially with no statutory accountability. "Hey man, it ain't difficult" one board member tells me, he says "no one gives s**t." He proceeds to point to his...

"TWIN RIVERS" = "TRIPLE PROBLEMS"
Note to the do-gooders whose glasses are corrupted by the half-full half-empty circular-argument nonsense and who want only to hear the good-of-it-all and nothing too depressing, oh, and want only smiley ha-ha journalism: Go grab your teddy bears and...

Lawyer seeking condominiums' business goes over the line
Question: I manage a large condominium project in Los Angeles. Unsolicited, an attorney sent me an invitation to meet with him over lunch. He then phoned me several times, including the day before the lunch, explaining the purpose was to speak only with...

 

CONDOMINIUMS ARE A GREAT INVESTMENT- FOR LAWYERS
About every two months I get a call, or a client comes in to ask me about condominiums. It usually starts off with, ?I bought this adorable little condo? and then the upstairs neighbor had a flood?. And then the Homeowners Association refused??  

Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980
Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...

Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?
When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...

Management company's tape-recording tactic puts homeowners at risk
Question: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....

Of Trial Lawyers, the AAJ and the Democratic Party
The National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...

Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!
Coto de Caza is not the only place where the board of directors consistently either disregard the civil code, governing documents (Covenants, Conditions and Restrictions - CC&Rs) or even the moral code.

What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007
Mostly as a result of the Enron and Worldcom scandals, the Sarbanes-Oxley Act of 2002 known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called SOX; was enacted to provide business executives with less wiggle...

HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!X
This author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?

Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!
Dear Governor Arnold Schwarzenegger,
SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...

THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563
It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...

EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!
So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!

CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?
Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...

HEY GRAY PANTHERS! YOU GOT IT WRONG!
(c) D. Vanitzian
May 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?

The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CAR

Coming off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...

Three Sentenced in $1.4 Million Fraud involving AIG

SANTA ANA, CA  - According to the Orange County District Attorney's Office, three defendants were sentenced today on charges of conspiring to defraud American International Group, Inc. (AIG) and another insurance company out of more than $1.4 million by illegally settling liens on Workers' Compensation Insurance claims. Hector Porrata, 46, Moreno Valley, pleaded guilty to a court offer to 50 felony counts of grand theft, 50 felony counts of insurance fraud, and 1 felony count of conspiracy. Poratta was sentenced to eight years in state prison and ordered to pay over $1 million in restitution.

George Martinez, 43, Apple Valley, pleaded guilty to a court offer to 11 felony counts of grand theft, 11 felony counts of insurance fraud, and one felony count of conspiracy. Martinez was sentenced to two years in state prison and ordered to pay over $300,000 in restitution.

Cara Cruz-Thompson, 47, Victorville, pleaded guilty to a court offer to 12 felony counts of grand theft, 12 felony counts of insurance fraud, and one felony count of conspiracy. Cruz-Thompson was sentenced to two years in state prison and ordered to pay over $200,000 in restitution.

A fourth co-defendant, Rene Montes, 42, Riverside, is charged with 59 felony counts of grand theft, 59 felony counts of insurance fraud, three felony counts of tax evasion, and one felony count of conspiracy, with sentencing enhancements allegations for aggravated white collar crime for loss over $1.5 million and $500,000. He has a pre-trial hearing May 28, 2010.   If convicted on all counts, Montes faces a sentence ranging from probation up to 108 years and four months in state prison.

When a Workers' Compensation Insurance claim is filed, doctors and hospitals can put a lien on the claim to ensure payment by the insurance company. These doctors and hospitals can negotiate the lien or have a third party negotiate on their behalf.  Porrata, Martinez, and Cruz-Thompson negotiated such liens while working at a claims adjusting firm. Montes is accused of also negotiating such liens while working at the same claims adjusting firm with the other three defendants.

Montes is accused of later owning W.C. Surgery Centers in La Habra and W.C.S.C. & Associates in Riverside. Porrata and Cruz-Thompson went to work at a Workers' Compensation Insurance company, Matrix Absence Management. Porrata, Martinez, and Cruz-Thompson all eventually worked together again as Workers' Compensation Insurance adjusters at AIG.

Between August 2003 and January 2006, Porrata, Martinez, and Cruz-Thompson conspired to commit insurance fraud and grand theft by settling claims through the insurance companies with Montes, who is accused of using his businesses for liens he did not have the authority to collect. Montes is accused of sending more than 50 letters to Matrix Absence Management and AIG falsely claiming to have authority through W.C.S.C. & Associates to negotiate, settle, and collect payment on pending liens on behalf of doctors and hospitals. Knowing these claims to be false, Porrata, Martinez, and Cruz-Thompson fraudulently settled Montes' claims and paid him more than $1,170,000 from AIG and $310,000 from Matrix Absence Management. Montes is accused of receiving the stolen funds and failing to file tax returns on his fraudulent income. 

On Feb. 2, 2007, AIG received a demand letter from a hospital for payment of an outstanding medical lien, which AIG determined had already been paid to Montes. As a result, AIG conducted an internal audit and discovered that Porrata, Martinez, and Cruz-Thompson were the only three claims adjuster in the entire company to have settled liens with Montes and reported it to the Orange County District Attorney's Office (OCDA) and California Department of Insurance (CDI).

Deputy District Attorney Tom Shultz of the Workers' Compensation Insurance Fraud Unit prosecuted this case.

Most Wanted Nguyen Gets 55 To Life For Murder

Posted By CotoBlogzz 05-07-2010  10:00 ASM

SANTA ANA - Cuong Viet Nguyen, a former fugitive featured on "America's Most Wanted" was sentenced today to 55 years to life in state prison for murdering a man in 2005 by shooting him several times outside of a bar after attacking him with a belt, according to the Orange County District Attorney's Office.

Cuong Viet Nguyen, 29, formerly of Garden Grove, was found guilty by a jury March 24, 2010, of one felony count of murder with a sentencing enhancement for the personal discharge of a firearm causing death. The defendant has a prior strike conviction from 1998 for robbery.

On June 26, 2005, Nguyen went with a group of friends to All Star Bar in Stanton and got into a fight inside the bar with another group of men, including victim Tri Van Bui. The bouncers instructed Bui's group to leave the bar.

Nguyen and an unknown friend waited outside of the bar for Bui. After the victim had finished speaking with a bouncer, the defendant and his friend chased and caught the victim, removed their belts and repeatedly hit him in the head using the buckle. When Bui was on the ground, Nguyen pulled out a firearm and murdered the victim by shooting him six times.

Nguyen fled the scene. A warrant was issued for his arrest in 2006. In the spring of 2008, the defendant was featured on the television program "America's Most Wanted." A tip received from a viewer who recognized Nguyen from the show led investigators to Phoenix, where Nguyen was located and arrested in June 2008. The defendant was brought back to Orange County from Arizona on June 18, 2008, to face charges.


Senior Deputy District Attorney Ebrahim Baytieh of the Homicide Unit prosecuted this case. 

Jackson Convicted of Attempted Murder Against LAPD Officer

Posted by CotoBlogzz 05-07-2010

LOS ANGELES, CA  – Samuel Jackson, accused of shooting a Los Angeles police officer then barricading himself in a Watts home was convicted yesterday, according to the Los Angeles District Attorney’s Office

Samuel Jackson, 30, was found guilty of one count each of willful, deliberate and premeditated attempted murder, assault on a peace officer with a semiautomatic firearm and possession of a firearm by a felon.
Jurors also found  that Jackson personally and intentionally used and discharged a firearm that caused great bodily injury to Los Angeles Police Officer Owen Berger
.
Los Angeles Superior Court Judge Ronald Rose is expected to sentence the defendant on May 24. Jackson faces a maximum term of 40 years to life in state prison.

Jackson shot Officer Berger on Nov. 7, 2008, causing severe injury to his right arm. Officer Berger did not sustain life-threatening injuries as he was wearing a bullet-resistant vest.

Calif Public Employees Retirement System Board Member Charged W Fraud

Posted By CotoBlogzz 05-06-2010 01:00 PM

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.

According to the AG, working as a placement agent for ARVCO, Villalobos spent tens of thousands of dollars to lavishly entertain key senior executives at CalPERS, who then influenced the Board to authorize investments that generated over $40 million in commissions to Villalobos, none of these actions were disclosed as required by law.

According to the complaint, Villalobos influenced these CalPERS officials by, among other things, taking two of them on an around-the-world trip, taking another on a private jet trip to New York, and giving Buenrostro a $300,000 job and a condo when he left the pension fund.

The AG also obtained a court order to freeze Villalobos' assets and place them in receivership to recover the more than $40 million in commissions that Villalobos earned during the period alleged in the complaint. According to the AG,   the granted freeze order was necessary because Villalobos has transferred real estate suspiciously, has lost millions of dollars in high-stakes gambling, and maintains over 20 bank accounts. Among the assets placed under receivership are two Bentleys, two BMWs, a Hummer H2, art work worth more than $2.7 million, $6 million in yet-to-be-paid placement-agent commissions, and 14 pieces of real property in California, Nevada and Hawaii.

Specific charges allege that:

- Villalobos and ARVCO falsely represented that they had the required securities licenses and complied with all laws;

- Defendants gave, accepted, and failed to disclose gifts;

- Villalobos and ARVCO submitted bogus disclosure forms.

Laguna Woods' Rosenfeld Guilty of Murdering 82-Year-old Mother

Posted By CotoBlogzz 05-05-2010 

SANTA ANA , CA - than Emanuel Rosenfeld was convicted today of strangling and murdering his 82-year-old mother, with whom he was living in her Leisure World home. Ethan Emanuel Rosenfeld, 52, Laguna Woods, was found guilty by a jury of one felony count of first degree murder. As the defendant entered pleas of "not guilty" and "not guilty by reason of insanity," Rosenfeld now faces the sanity phase of his trial . Opening statements in the sanity phase are scheduled to begin May 11, 2010.

Between 4:00 a.m. and 6:00 a.m. on May 30, 2005, Rosenfeld strangled and murdered his 82-year-old widowed mother, Helen. He put her dead body in her bed, crossed her arms across her chest, and wrapped her body in a sheet. The defendant, who was unemployed and living with his mother in her Leisure World home in Laguna Woods, then fled taking the victim's credit card and car.

Rosenfeld went to Starbucks and a gas station and tried to use his murdered mother's credit card to buy coffee and chewing tobacco. He drove around for a while before returning to the house. At approximately 10:00 a.m., Rosenfeld called 911 and claimed that he found his mother dead and that she had passed away in her sleep.

As Rosenfeld entered pleas of "not guilty" and "not guilty by reason of insanity," the trial will be held in two phases. In the guilt phase, during which the court heard evidence about the crime, the prosecution proved beyond a reasonable doubt to the jury that the defendant is guilty of the charged crime. In the sanity phase, the same jury will consider evidence to determine if the defendant was legally sane at the time of the crime.  When a defendant pleads "not guilty by reason of insanity," the burden is on the defense to prove that the defendant was more likely than not legally insane when he committed the crime. To be considered legally insane, the defense must prove that the defendant had a mental disease or defect when he committed the crime and that this defect kept the defendant from understanding the nature of his act or from understanding that his act was morally or legally wrong. 

Senior Deputy District Attorney Ebrahim Baytieh of the Homicide Unit is prosecuting this case.

Kruger Convicted of Theft Leading to Murder over pornographic material

Posted By CotoBlogzz 05-05-2010

SANTA ANA, CA  - Weston Scott Kruger was convicted today of murdering a liquor store owner who confronted him about stealing a pornographic magazine. At the time of the murder, the defendant was out of custody on two other unrelated felony cases for domestic violence and residential burglary.

Weston Scott Kruger, 3, Newport Beach,  was found guilty by a jury of one felony count of murder. Kruger also faces two crime-bail-crime sentencing enhancements. The term "crime-bail-crime" indicates that the defendant committed the murder while out of custody on bail for two separate offenses. Kruger faces a sentence of 25 years to life in state prison at his sentencing June 18, 2010.


In addition to the murder case, Kruger has two other felony cases pending against him

Beverage-container recycling fraud rings busted - leads to Riverside and San Bernardino Counties

SACRAMENTO, CA -The California Attorney General's (AG) office announced today that special agents with the Department of Justice,in conjunction with the Department of Resources Recycling and Recovery (CalRecycle), arrested thirty one individuals, while shutting  down three beverage-container recycling fraud rings in which the culprits trucked millions of cans and bottles from Arizona and Nevada to illegally claim California Redemption Value (CRV) refunds totaling some $3.5 million which would be used to operate the state's recycling program.

Conviction of redemption fraud and the importation of recyclable materials is a felony if the redemption amount is over $400.

In one case originating in Nevada, a ring imported to California 1.6 million pounds of cans and bottles - enough, if not compacted, to fill 464 18-wheelers.

In another case, cans were not only hauled from the Phoenix area to Moreno Valley for the CRV deposit, they were filled with sand to add weight for an increased deposit return.

In a third case, agents looking for one recycling fraud suspect along Interstate 8 observed yet another truck carrying thousands of cans. That observation spurred a two-month investigation, resulting in the arrest of the owner of a recycling center and three other suspects.

California is one of 11 states with a bottle and can redemption program. Among its neighbors, Oregon has a program, but Nevada and Arizona do not. When a person purchases a bottle or can in California, the CRV is paid at the checkout stand. When the container is redeemed at one of the state's 2,000 recycling facilities, the CRV is returned to the consumer. For beverage containers weighing less than 24 ounces, the CRV is 5 cents; for containers 24 ounces and greater, the CRV is 10 cents. For aluminum, the CRV equals $1.57 per pound.

When an out-of-state can or bottle is fraudulently redeemed in California, the program loses money because money is paid out for a container for which the CRV was never paid. This robs the CRV program, which relies on unclaimed CRV to administer the program and support a variety of activities that promote recycling across the state.

California's program began in 1987, following legislation passed in 1986. Today, about 80 percent of bottles and 84 percent of aluminum cans purchased in the state are returned for recycling.

To combat recycling fraud, CalRecycle staff visits major recycling processors to inspect loads of beverage containers delivered for CRV reimbursement. In 2009, the department removed 25 recycling centers from the state program for submitting fraudulent claims. CalRecycle refers recycling fraud cases to the Department of Justice for criminal investigation and prosecution.

The three recycling fraud rings were broken up in April by the Department of Justice as follows
1. Department of Justice special agents observed Mariano Dejesus-Solis collecting and storing recyclable materials at his Las Vegas residence, as well as at several storage facilities in North Las Vegas. Twice a week, Dejesus-Solis and his accomplices drove 16-foot and 24-foot rental trucks filled with approximately 5,000 pounds of aluminum cans and bottles to a storage facility in Montclair (San Bernardino County) where the loads were parceled out to accomplices who would take them to recycling centers. The group defrauded the CRV program an estimated $2.5 million by illegally importing more than 1.6 million pounds of cans and bottles. On April 8, 15 suspects were arrested in Riverside and San Bernardino counties, with assistance from local law enforcement.

2. In the Phoenix area, a group collected used beverage containers from consumers and purchased some from recycling centers at a reduced rate and then transported them to a residence in Moreno Valley (Riverside County). Daily, members of this group took multiple smaller loads to the Perris Valley Recycling Center (Riverside County) to redeem the CRV refund, defrauding the CRV fund an estimated $1 million. On April 20, a search warrant resulted in the seizure of 50,000 pounds of bottles and cans, with an estimated CRV value of $100,000. Many cans contained sand to add weight. Twelve people were arrested.

3. On Interstate 8 near Winterhaven, Calif. and Yuma, Ariz. agents with the Imperial County and San Diego Major Crimes Teams were looking for a CRV fraud suspect when they encountered another suspected CRV fraud ring -- two men transporting a large quantity of aluminum cans in a truck. This observation launched a two-month investigation, with assistance from CalRecycle, which resulted in the April 23 arrests of four people, including Michael Barshak, the owner and operator of ACE Recycler, a recycling center in San Diego. Agents have initially estimated that the ring's operation, which spanned four months, transported 40,000 pounds of cans with an approximate value of $135,000.

These investigations were conducted by the Attorney General's Division of Law Enforcement/Bureau of Investigation and Intelligence (DLE-BII) Major Crimes Team and CalRecycle, with assistance from many other law enforcement agencies including the offices of the San Bernardino and Riverside County Sheriffs, the Riverside County District Attorney's Office, the California Highway Patrol, Immigration and Customs Enforcement, the United States Marshals Service and other Dept. of Justice enforcement teams.

CVS Pharmacy tech charged with Embezzling $400K in Vicodin

Posted By CotoBlogzz

HOLLISTER, CA  - The California Attorney  General (AG) announced yesterday that a former CVS pharmacy technician and her husband have been charged with 15 felony counts after the woman embezzled tens of thousands of highly addictive prescription pills worth $400,000 from her employer to supply to her drug-dealing husband.

Aimee and Alfred Riaski, both 41 and from Hollister, were arrested after an investigation by AG's Bureau of Narcotic Enforcement led to the recovery of more than 1,500 prescription tablets at the couple's residence. If convicted, Aimee Riaski faces a maximum of 13 years, 8 months in jail and Alfred Riaski faces a maximum of 8 years, 4 months in jail.

"The Riaskis crafted a crude scheme to embezzle highly addictive pain pills from a neighborhood pharmacy and sell them at a profit on the streets," Attorney  General Edmond Brown said. "Today's criminal charges send a clear reminder to pill pushers that selling prescription drugs can lead to serious time behind bars."

Brown's Bureau of Narcotic Enforcement initiated its investigation into Aimee Riaski in February after an internal pharmacy audit at a Gilroy CVS revealed tens of thousands of missing prescription-drug tablets.

As a CVS pharmacy technician, Aimee Riaski was responsible for tracking the delivery of various prescription drugs. In this role, Riaski admitted to a CVS loss-prevention officer that she stole some 40,000 Vicodin (Hydrocodone) tablets over a 10-month period beginning in early 2009.
 
The complaint, filed today by the San Benito District Attorney, alleges that the Riaskis embezzled, possessed, transported, and planned to sell thousands of highly addictive prescription drugs on the streets.

Alfred Riaski was charged with five felony counts of possession for sale of a controlled substance (H&S 11351(a) and H&S 11375(b)(1)) and one misdemeanor count of receiving stolen property (PC 496 (a)).

Aimee and Alfred Riaski, who were originally arrested in February, posted $30,000 and $20,000 bail, respectively. Both defendants pleaded not-guilty in court yesterday.


Brown's office is also currently investigating a Southern California prescription-drug ring that operates by ordering prescription-drug pads from authorized vendors and using identities stolen from doctors. The pads are then either sold on the street to prescription-drug addicts or to individuals who are paid to fill the prescription and then sell the drugs on the underground market. The investigation has thus far linked 4,500 to 5,000 fraudulent prescriptions to the fraud ring and has led to one arrest.

Cinco de Mayo OC DUI Patrols

 Posted By CotoBlogzz 05-04-2010

Rancho Santa Margarita, CA - According to the Orange County Sheriff's Department, "Cinco de Mayo has become a traditional time for many to celebrate California’s rich cultural history.  It is also a night out with expected dangers when someone chooses to drink and drive. Designate sober drivers in advance – before the ‘Fiesta’ begins."

Accordingly, the Avoid the 38 task force  will be deploying  Roving DUI patrols into the communities of Brea, Buena Park, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, Newport Beach, Placentia, Santa Ana, the UCI Campus and the Orange County Sheriff’s Department’s south contract cities.

“Communities everywhere will see special events and night spots celebrating Cinco de Mayo,” said Sgt. Mark Daigle of the Orange County Sheriff’s Department Traffic Bureau.  “If you do go out and celebrate, make sure you have a non-drinking designated driver to get you home safe.”

Officers will be stopping errant drivers and checking for the signs of intoxication, conducting field sobriety tests, arresting those who are intoxicated and impounding vehicles of those with suspended or no license. 

“Drunk driving is simply not worth the risk. Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for impaired driving can be significant,” said Christopher J. Murphy, Director of the California Office of Traffic Safety.  “Violators often face jail time, the loss of their driver’s license, higher insurance rates, attorney fees, time away from work, and dozens of other expenses. So don’t take the chance. Remember, if you are over the limit, you are under arrest.”

Avoid the 38 DUI Task Force funding is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Wal-Mart to pay $20 Million for Illegal transport of Hazardous Waste

Posted By CotoBlogzz 05-03-2010 07:30 PM


SANTA ANA, CA  - The Orange County District Attorney's Office (OCDA), in partnership with 19 other prosecutorial agencies, participated in a settlement today against Wal-Mart Stores, Inc. (Walmart) for the illegal transportation and disposal of hazardous, toxic waste and materials. Walmart has agreed to pay $20 million in penalties, which will be distributed between the 20 prosecuting agencies and 32 environmental health agencies involved in the investigation. Walmart also agreed to pay $1.6 million to cover the cost of the investigation, $3 million for Supplemental Environmental Projects for future prosecution, investigation, and regulation of cases, and at least $3 million in compliance-keeping measures for its California-based stores.

The settlement was signed today in the Superior Court of California in San Diego on behalf of 19 District Attorney's Offices for the State and the California Attorney General's Office. This settlement is one of the largest environmental protection cases in California's history.

The case against Walmart, who has not admitted fault or liability, states that Walmart improperly handled and dumped hazardous waste including pesticides, chemicals, paints, aerosols, acid, fertilizer, and motor oil from its 236 California-based stores, including Walmart and Sam's Club locations.  This hazardous waste was generated at each of the Walmart locations and dumped or transported to a central location without proper management or disposal of the waste as required by law. This practice amounted to violations by Walmart of environmental laws and regulations throughout California, including Orange County.

Specific to Orange County, Walmart was found to have dumped expired toxic fertilizer in a large planter behind a Walmart location in Foothill Ranch. This planter measured 10 feet by 200 feet and backed up to the 241 Toll Road. This fertilizer was determined to be hazardous and had entered a storm drain due to rain and the illegal disposal. The fertilizer was tested and deemed to be toxic hazardous waste, making it potentially dangerous to people, animals, and the environment.

The terms of the settlement include a requirement that Walmart shall not dispose of any hazardous waste at any unauthorized location or in violation of Health and Safety Codes.  Each individual store must asses all potentially hazardous items and handle hazardous waste by appropriately disposing of it as required by law. Walmart will also train its employees to recognize and properly identify and handle hazardous materials.

Deputy District Attorney William Fallon of the Environmental Protection Unit handled this case on behalf of the OCDA.