Sunday, September 2, 2012

One for the books...Criminal case interwined with ... - Legal Forums


Hello my Legal Knowledgeable Friends,

I would like to find out if there's a case here that would be litigious against the people persecuting me out of malice aforethought (they all knew not to do anything against me before they filed). And if so, where could I find a lawyer or someone who'd be willing to fight my case on a contingency basis and sue the heck out of these evil people and company to make sure they never do the same again...hopefully. I am currently on Section 8 Housing, although I am still an "Owner/Shareholder" in the Non-Profit Cooperative where the tenants own the property in San Francisco. I'm also on Food Stamps and am self employed with very little income the last few months . I am 53 yrs old..lived in the same unit since 1970 - took over lease(from Mom) in 1986 and live alone in 3 bedroom townhouse..my home for over 40 years. Have 20 years Banking background, was a Trust Officer - left out of stress. Filed bankruptcy and closed my only Tool Sales Business in 2005. Had a home invasion in 2008 leaving me with a broken hand and smashed face for 6 months...haven't worked much since and do pick up work when I can. Handyman, laborer mostly, with various skills.

Now for my case:
In 2010 I ran and was elected to the Board of Directors after 2 years trying to get on to change things here at my complex - 275 units over 7 spread blocks. The old Board was blackmailed into hiring The John Stewart Company to manage our property here (sic: we had previously fired this company almost 20 yrs ago for missing 10 grand not accounted for - but was coerced into hiring by last managing company over the Old Board of Directors.). The Property Manager lady who worked for the previous company transferred over to The John Stewart Company (JSCO) and got a 10 grand raise in 2008-09 when the rest of the country was falling apart. This woman has nevber done her job right, and now we are facing millions of dollars in rehab work to be done that is needed to keep our section 8 allotments for the ppty, and to fix all that was left to rot while under her watch for the last 12-13 years.

After getting on the Board I found in the ck registers we rcvd every month an illegal check writing scheme - they were writing a ck from one of OUR accts - made out to ourselves (ppty name) - and deposited into another of our accts to raise the monthly gross rcpts they base their monthly fee on. After bitching for 4 months they stopped (sort of) and refunded us almost 3 grand in overcharged fees. This is after I had already been a whistle blower on the ppty who found the last maintenance crew had ripped us off for $50-60 grand in scrap metal that belonged to us, and I had been threatened with a 10 day to quit notice over my 9lb dog ting by the work shed that he never did. It was a way to try and shut me up, only I didn't and the ppty management company covered up the things I found and decided to "retire" and then forced the old Board to hire JSCO in their place. I ran for the Board to watch things and found the above...which I knoiw was onlky the beginning.

After being on the Board for 6 months my residence was "raided by the police" in which they claimed they found various drugs and whatnot..no guns or anything, but I was arrested for the first time in my 52 years and went to jail for the first time ever (hated it...never ever want to go back!). I was charged with 5 felonies - for sales and maintaining a place solely for sales, meth, morphine, and even LSD. All this was a lie based upon my friends record who I was helping register his LEGAL cars so we could sell them. He has a past history going back some 16 years for drug sales, but had been on the up and up as far as I knew , and he was helping me by hiring me to do the paperwork and DMV stuff to get them ready to sell. He had cars parked on my street and when someone complained about the number of vehicles to their cop friend they ran the plates and saw his previous records..But a month before this "raid" we had celibratyed his birthday and the fact that his parole officer told him he was finally off parole for the first time in 16 years! The cops searched around and dug out a probation on him that was inactive but changed to active after the raid because they mis-read the report, and someone changed the records for them to ligitimize the raid at my place claiming a search and seizure on my friend and then threatening me with taking my 10 year old chihuahua to the pound unless I signed a search release for them. I did, thinking I'd be cited, but they claimed all this other crap...besides the point...there was now an arrest record on me.

That was in Nov. 2010..2 months later the Property manager posted a 10 day to Quit notice on my door for violating the zero tolerance statute in our lease agreement for the arrest. I plead my case 4 days later to the Board, they voted and decided to let me stay in my unit while my case is ongoing, I'd take a leave of absence from the Board while the case was ongoing; and most importantly they directed the Property Manager and Company to stay and further eviction actions against me until my case is over, and EVEN THEN they are to check with the Board if any further action needs to be done...not the Management Company to decide my fate...it's the Board's.

That was in Jan, 2011. Earlier this year, while my case is still ongoing to this day, and not resolved yet, I asked for the Annual Financial reports I am entitled to as a shareholder. The manager resisted, the President of the Board put of big blocks for months from allowing me to get it, even going so far as saying he needed to seek guidance on allowinjg me that report from JSCO's lawyers. The same company I had found guilty of faulty check writing forcing them to refund us money...they hated me.

So in June, at the monthly Board meeting, I announced and cited the election rules and by-laws for our property, and stated that the President is an illegitimate Board Member because he sublets his unit and hasn't lived here in 20 years - a requirement for being on the Board. He blew a gasket, and berated me to the Board and managed to get the Board to overlook his residency requirement for now, claiming that 'I had issues" and they ignored his issue of not living here.

In July at the next Board meeting the President had published some emails in the Board's monthly booklet that had info on my criminal case and communique between JSCO's lawyer and the DA in my case. This was a payback ambush by the president, who is a Lawyer by the way and wrote the directives a yr earlier as noted above. The emails show that the President initiated JSCO and their lawyers to call the DA and HUD to report me and my arrest, trying to mess with my case and have me evicted by HUD before due process was up and totally in contradiction to the Board's VOTE that allows me to stay and for them to leave me alone. One email from the Property Manager to the President states" Per our conversation, the Board wants to pursue terminating"My Name" tenacy per HUD regulations." This was said by her to cover her collabrative butt on paper, but shows the President initiated the next actions that were served upon me a week later. But The Board Never Took Another Vote, and were surprised to read that 'they' Wanted me out and evicted now...

All three parties were collaborating - The President, The Property Manager, and JSCO's lawyers, to try and force me out of my unit BEFORE my other case was over. JSCO filed papers with the Court for Unlawful Detainer against me. The order had the original Quit Notice from Jan 2011, Occupancy Agreement from 2009, and nothing else new. All wrongly filed, all done to rattle me for pissing off the President and threatening his membership on the Board. And all three KNEW THAT THERE WAS THE DIRECTIVE BY THE BOARD THAT SAID FOR JSCO TO STAY ANY FURTHER ACTIONS AGAINST ME UNTIL MY CASE IS OVER...Period! The BOARD NEVER TOOK ANY OTHER VOTE CONCERNING ME SINCE.

The Unlawful Detainer was filed with MALICE AFORETHOUGHT AGAINST ME. ALL the parties knew what the original directive was, yet they decided to try and force me out by filing with the Court in hopes I did not respond correctly or on time. I did though, and they haven't refiled the request for trial yet...10 days has come and gone...no court date set. They did not refile case...yet.

QUESTION: (Keeping in mind I have all back up documentation that shows the above...history emails both to the President and the Property Manager some time ago asking to be let alone & to allow me my day in court so I can exonerate myself. a history prior to this with the property manager having filed 2 - 3 other 10 day Quit notices on me that were invalid and meant to scare me from talking about their illegal issues. I have back up on all this abvoe, including the emails the president published that showed the DA talked to JSCO's Lawyer about my case, and shared info only spoken about in the Judges Chambers...evenm I did not know this info until I read the email and verified with my Public Defender).

Could they be sued for anything by me? The President of the Board, who also has a past history with me in emails showing his distaste for my ability to find things on mgmt...and never answering my point on point questions. His false "lying to management" that allowed them to go after me per his request...
The Property Manager who has always hated me and never called e or asked me my side of things, only that she saw an opportunity to be rid of me once and for all and signed her name to the legal filings with the court.
The John Stewart Company and their lawyer firm, who knowing that they are under a directive by the Board not to do anything against me, decided with the little nudge from the president to "forget" about that and file anway on me 2-3 weeks before my criminal case finally goes top the Preliminary Hearing. Streessing me to no end...hardly slept in 3 weeks since they did this, and worried sick they will triumph over me even though they are DEAD WRONG to do what they did to me...

And with all three powers that be over the property I live in under sectioon 8 housing, etc..with no place to go if I do get the boot...all three working towards getting me out of here now even if I am found innocent they wiull try and persecute me until either they go or I go....And I don't want to go anywhere.

Could a malice case be made (or any other case that hold them punitively responsible) on the above in California? , and how would I find someone who'd be willing to take this on contingency for me, with me? What are the odds finding anyone? I am so lost and putting up with an enormous amount of pressure now that they have shown the kind of people they are...What kind of lawyer do I call for this civil matter...nevermind the criminal..just the civil...whre and what kind would I look for?

Thank you kindly for reading through this mess , and even more for trying to answer probably the impossible questions. I appreciate your even connecting to this, and am super humbled and grateful for any or all information that you can think of that might help me in thisw quest for justice....I applaud you and Thank you form my tattered heart..

Source: http://www.isitlegalto.com/california-state-laws-legal-forum-california-laws/27779-one-books-criminal-case-interwined-civil-actions-can-i-sue-malice.html

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