9) CaliforniaALL Newsletter announcing change of address and DLA Piper Pro Bono

The Leslie Brodie Report (TLR) is carefully following a developing story out of California relating to sham non-profit CaliforniaALL director Cary Martin Zellerbach AKA Marry Ellen Zelerrbach, and as we learn through the latest development, Cary Martin “Zellerback.” (See above).

A source seeking annonimtynow maintain an examination has been lauched to determine whether the name “ZELLERBACK” was used as part of a scheme to mislead the public.  Or, whether the name was misspelled as a result of an innocent error.

Cary Martin Zellerbach is the Managing Director of Martin Investment Management. Among her previous affiliations, she was a founding Principal and Executive Vice President of Mellon Capital Management Corporation and is a former Director of Client Services at Tukman Capital Management. As a 1973 graduate in economics of Wellesley College, Cary is a Charter Board Member of the Wellesley Business Leadership Council.

CaliforniaALL’s Cary Martin Zellerbach of Martin Investment Management, LLC. (image:courtesy)

She received an MBA from Stanford University in 1976 where she has served as a Trustee of the Stanford Business School Trust. In addition to her service as a member of the National Advisory Panel for the Institute for Research on Women and Gender, Cary volunteers on behalf of the Graduate School of Business and is Vice President of the Stanford Women’s Club of San Francisco. Outside Stanford, she is the co-author of Having It All/Having Enough: How to Create a Career/Family Balance That Works for You and is a Trustee of St. Norbert College in Wisconsin and Sacred Heart/St. Dominic Elementary School in San Francisco. Cary also serves on the Board of Overseers of the University of California’s School of Nursing.

Source credit:

www.daughtersandsonstowork.org

UC BERKELEY FOUNDATION/CaliforniaALL: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein, Freada Klein Kapor of OBAMA FOR AMERICA/THE KAPOR CENTER, and Gibor Basri (both Kapor and Basri served as directors of CaliforniaALL — Basri, surreptitiously so — see above)

According to Martin Investment Management, LLC, it is an independent, majority female, employee-owned firm. They are an experienced, consistent, focused, dedicated, pragmatic and approachable management team. Their clients will always have access to them. The firm is GIPS compliant, and the firm has been verified by an independent verifier on an annual basis from 1990 to 2008. The firm is a member of the Investment Adviser Association (IAA).

Source:

http://www.martin-investments.com/index.php?id=whoweare

Source: http://www.irs.gov/Charities-&-Non-Profits/Public-Disclosure-and-Availability-of-Exempt-Organizations-Returns-and-Applications:-Documents-Subject-to-Public-Disclosure

How can I obtain a copy of an organization’s annual return or exemption application?

You have the right to inspect and obtain a copy of a tax-exempt organization’s:

    Annual information returns (e.g., Form 990);
    Exempt status application materials; and
    Notice of status under Internal Revenue Code section 527(i),

in person at the organization’s principal office, or its regional or district offices, during regular business hours. Unrelated business income tax returns filed by organizations exempt under Code section 501(c)(3) are also available. You may also request copies of such materials in writing. The organization may charge a reasonable fee to cover copying and mailing costs. Note: An organization that filed its application before July 15, 1987, must make the application available only if it had a copy of the application on July 15, 1987. See Notice 88-120 for details.

You are entitled to inspect or receive a copy of any annual return for three years from the date the return was required to be filed (or, for an amended return, from the date it was filed). For more information, see our frequently asked questions on public disclosure, the final regulations, or Disclosure Requirements.

For exemption application materials, you are entitled to inspect or receive a copy of the organization’s exemption application (Form 1023, 1024, or other document required to be filed), any papers filed in support of the application and any determination letter issued by the IRS with respect to the application.

What tax documents must an exempt organization make available for public inspection and copying?

An exempt organization must make available for public inspection its exemption application. An exemption application includes the Form 1023 (for organizations recognized as exempt under Internal Revenue Code section 501(c)(3)), Form 1024 (for organizations recognized as exempt under most other paragraphs of section 501(c)), or the letter submitted under the paragraphs for which no form is prescribed, together with supporting documents and any letter or document issued by the IRS concerning the application. A political organization exempt from taxation under section 527(a) must make available for public inspection and copying its notice of status, Form 8871.

In addition, an exempt organization must make available for public inspection and copying its annual return. Such returns include Form 990 , Return of Organization Exempt From Income Tax, Form 990-EZ , Short Form Return of Organization Exempt From Income Tax, Form 990-PF, Return of Private Foundation, Form 990-BL , Information and Initial Excise Tax Return for Black Lung Benefit Trusts and Certain Related Persons, and the Form 1065 , U.S. Partnership Return of Income. 

A section 501(c)(3) organization must make available for public inspection and copying any Form 990-T, Exempt Organization Business Income Tax Return, filed after August 17, 2006. Returns must be available for a three-year period beginning with the due date of the return (including any extension of time for filing). For this purpose, the return includes any schedules, attachments, or supporting documents that relate to the imposition of tax on the unrelated business income of the charity. See Public Inspection and Disclosure of Form 990-T for more information.

An exempt organization is not required to disclose Schedule K-1 of Form 1065 or Schedule A of Form 990-BL. With the exception of private foundations, an exempt organization is not required to disclose the name and address of any contributor to the organization.

A political organization exempt from taxation under section 527(a) must make available for inspection and copying its report of contributions and expenditures on Form 8872, Political Organization Report of Contributions and Expenditures. However, such organization is not required to make available its return on Form 1120-POL, U.S. Income Tax Return for Certain Political Organizations.

——————————————

Related stories:

Complaint against Voice of OC, please see @

http://lesliebrodie.blog.co.uk/2011/11/23/voice-of-oc-orange-county-s-nonprof…

Complaint against Southern California Edison (“SCE”), client of Munger Tolles & Olson, rebublished below:

Joe Dunn’s VOICE OF OC located at 1212 S. Victory Blvd. Burbank, CA 91502

Kinde Durkee of 1212 S. Victory Blvd. Burbank, CA 91502

Norberto Santana of Voice of OC

James Brosnahan of Voice of OC (former). Brosnahan, the self-proclaimed mastermind behind the Democratic Party and spouse of Alameda County Superior Court Judge Carol Brosnahan, gained fame after his psychiatrist — Berkeley-based Scyzophrenia specialist Dr. Bruce Africa — threaten to kill him due to an alleged sexual affair between Brosnahan and Marty Africa of Major Lindsey & Africa. In September of 2009, once Ruthe Ashley existed CaliforniaALL, Dunn (with the help of Escutia, Girardi and Brosnahan) launched online publication “Voice of OC.” Dunn is also a trustee of UCI Foundation — an entity which absorbed most of the grants CaliforniaALL collected from utility companies Senator Dunn officially investigated during California energy crisis.(Image: courtesy photos)

David Washburn of Voice of OC

Martha Escutia of Voice of OC (former)

Girardi & Keese’s Tom Girardi of Voice of OC (former). Per the Ninth Circuit, Walter Lack and Thomas Girardi have resorted to employing “the persistent use of known falsehoods” and “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation. Subsequent to those findings, the State Bar of California appointed Howard Rice’s Jerome Falk to serve as special prosecutor against Girardi, Lack, and their respective firms. None mentioned that Girardi and Lack are actually clients of Jerome Falk and Howard Rice. See story here. For additional allegations of misconduct leveled against Girardi, please see here, and here , and here, and here, and here, and here, and here, and here, and here, and here. For the latest on Walter Lack, please see here. (Image: courtesy photo)

California Democratic Party operative and home-nudist Joe Cotchett of Cotchett Pitre & McCarthy, represents Diane Feinstein in suit against Kinde Durkee. Cotchett, as well as Nancy Fineman and others, were part of a criminal conspiracy to file false criminal charges against YR in connection with the ethics complaint in re CaliforniaALL / quadriplegic UC Davis  law student Sara Granda.  As a result of said conspiracy,  Yolo County District Attorney Jeff Reisig and Mike Cabral obtained a search warrant which resulted in the confiscation of all data referring or relating to Voice of OC and CaliforniaALL.

COPY OF YR’S COMPLAINT AGAINST VOICE OF OC SUBMITTED TO IRS IN 2011, BELOW:

Internal Revenue Service
Exempt Organizations Unit
1100 Commerce St.
Dallas, TX 75242-1198

Re: A referral for noncompliance with tax laws against exempt organization “Orange County’s Nonprofit Investigative News Agency” (dba “Voice of OC”):

PRELIMINARY STATEMENT:

In lieu of using IRS Form 13909 (Tax-Exempt Organization Referral Form), please consider this communication a formal complaint (referral) against an Orange County, California not-for-profit entity known as “Orange County Nonprofit Investigative News Agency,” which operates an online publication under the name “Voice of OC” (located at www.voiceofoc.org).

On September 1, 2011, Orange County’s Nonprofit Investigative News Agency and Voice of OC (collectively, “Voice of OC”) were duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1.) To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests within 30 days. As such, reluctantly, the undersigned makes this referral.

INTRODUCTION OF ACTORS:

1. Mr. Joe Dunn in his role as the creator of online publication “Voice of OC” – Orange County’s Nonprofit Investigative News Agency.

2. Mr. Joe Dunn in his role as Trustee of the UCI Foundation (an entity which obtained funds from a separate charitable entity known as CaliforniaALL (FEIN Number 51-0656213).

3. Mr. Joe Dunn in his role as Executive Director of the State Bar of California – an entity which also controls and maintains a foundation known as the California Bar Foundation. The California Bar Foundation very quietly transferred close to $780,000 to CaliforniaALL.

4. Mr. Joe Dunn in his role as a politician and business partner of Martha Escutia, who was involved in matters relating to utility companies operating in California.

5. Ms. Gwen Moore – a former Assembly member in the California legislature. Ms. Moore has “clout” over the CPUC and utility companies. Ms. Moore presently serves as a member of the State Bar of California Board of Governors; she has previously been the subject of an FBI sting operation.

6. Mr. Geoffrey Brown – a former commissioner with the CPUC and former board member of the California Bar Foundation. During his tenure as a board member of the California Bar Foundation, a hush-hush transfer of $780,000 was made to CaliforniaALL. Subsequent to this transfer, Mr. Brown abruptly quit his position as board member.

7. Mr. Thomas Girardi of Los Angeles-based law firm Girardi & Keese. Mr. Girardi helped Joe Dunn to establish the Voice of OC, and was a member of its board of directors. Recently, he abruptly quit that position. Mr. Girardi is a well-known donor to the Democratic Party and, in particular, to California Senator Barbara Boxer.

8. Mr. Howard Miller of Los Angeles-based law firm Girardi & Keese. Mr. Miller was a member of both the State Bar of California Board of Governors and the California Bar Foundation board of directors when the “hush-hush” transfer of $780,000 from California Bar Foundation to CaliforniaALL took place.

9. Mr. James Brosnahan of Morrison & Foerster – Mr. Brosnahan represents utility companies. He – along with Thomas Girardi – helped Mr. Joe Dunn create the Voice of OC, the subject of this complaint. Like Mr. Girardi, Mr. Brosnahan also served as member of Voice of OC’s board of directors, and recently also abruptly quit his position.

10. Ms. Susan Mac Cormac of Morrison & Foerster – Ms. Mac Cormac was part of the legal team that created the legal entity known as CaliforniaALL.

11. Mr. Victor Miramontes – a resident of San Antonio, TX and business partner of former HUD Secretary Henry Cisneros. Mr. Miramontes was the chairman of CaliforniaALL.

12. Ms. Ruthe Catolico Ashley – a former employee of McGeorge School of Law who later served as a “Diversity Officer” at CalPERS. Ms. Ashley also served as member of the State Bar of California Board of Governors, and came up with the idea to create CaliforniaALL during a meeting with Sarah Redfield and Peter Arth, Jr. (the assistant to CPUC President Michael Peevey). After CaliforniaALL came into existence, Ms. Ashley, after a simulated search, was selected to serve as CaliforniaALL’s executive director.

13. Ms. Sarah Redfield – a visiting professor at McGeorge School of Law and a member of the State Bar of California Committee. Ms. Redfield was chosen to serve as the “interim executive director” for CaliforniaALL, and later also allegedly served as a consultant to CaliforniaALL. For her services, Ms. Redfield was paid for the year of 2008 close to $160,000 as an “independent contractor.” Even though CaliforniaALL was housed pro bono at the law offices of DLA Piper in Sacramento, there is an entry on CaliforniaALL’s tax return for close to $16,000 for “occupancy.”

14. Ms. Judy Johnson – the former Executive Director of the State Bar of California. For the past 8 years, she has been secretly serving as the president of an entity with a misleading name (“California Consumer Protection Foundation”). This entity absorbed close to $30 million in class action cy pres awards, as well as fines and settlements imposed by the CPUC on utility companies. This entity forwarded those funds to mostly questionable ACORN-like entities. On its website, CCPF claims that it has available information on all grantees going back 10 years. Not so. The information is scattered and extremely difficult to ascertain. In fact, a whole year is missing (2002). During that year, incidentally, CCPF awarded funds to the real ACORN as well as to Eric Moore of Educate LA, who is presumably related to Gwen Moore. Ms. Johnson used her position as executive director of the State Bar of California (which is supposed to supervise and discipline lawyers) as “clout” to obtain cy pres awards from the settlement of class actions prosecuted and defended by countless law firms.

15. Mr. Jeffrey Bleich of Munger Tolles & Olson – presently the U.S. ambassador to Australia and a close friend of President Barack Obama. Mr. Bleich served as member of the BOG when CaliforniaALL was conceived. He is mentioned only in reference because Verizon Communications (which heavily contributed to CaliforniaALL) is a client of Munger Tules & Olson.

FACTUAL BACKGROUND:

In approximately 2007, Ruthe Catolico Ashley — an attorney from Sacramento and a member of the State Bar of California Board of Governors — was employed by CalPERS as a “Diversity Officer.” Prior to her employment with CalPERS, Ms. Ashley was employed as a diversity officer at McGeorge School of Law in Sacramento. While at McGeorge, Ms. Ashley met diversity expert Sarah Redfield.

In April 2007, Ashley, along with Sarah Redfield, met Peter Arth at a restaurant in San Francisco. During that meeting the idea to create CaliforniaALL was conceived. Eventually, CalPERS, CPUC, and the State Bar of California endorsed in principle the creation of CaliforniaALL – a Section 501(c)(3) entity that would raise funds to be used to support a more diverse workforce in California.

Papers were filed with both state and federal agencies to allow CaliforniaALL to operate as a tax exempt entity. Victor Miramontes listed himself as Chairman of the Board, and Sarah E. Redfield served as CaliforniaAll’s interim-executive director for a period of 6 months. Serving as CaliforniaALL’s legal counsel was Susan Mac Cormac of Morrison & Foerster.

California Attorney General RCT reflects that CaliforniaALL obtained its “Charity” status on March 14, 2008 (FEIN Number 510656213). The address for CaliforniaALL is listed as 400 Capitol Mall, Suite 2400, Sacramento, California. This is actually the address of DLA Piper, where CaliforniaALL resided pro bono.
In June 2008, after a “nationwide search” and aided by a pro bono head-hunting firm in its search for a permanent CEO, CaliforniaALL, not surprisingly, hired Ruthe Catolico Ashley as its chief executive officer.

Also not surprisingly, Ruthe Catolico Ashley abruptly exited CaliforniaALL in September 2009 – the same month Joe Dunn launched his non-profit online publication “Voice of OC.”

CaliforniaALL was abruptly dissolved in June 2010.

CaliforniaALL’s 990 returns for 2008 list Sarah Redfield of Orono, Maine as an “independent contractor.” Her job description is listed as “Program Director.” and she was paid $157,763. It is unknown to the undersigned whether Redfield paid self-employment taxes or any other applicable state income taxes, either in California or Maine. (Incidentally, Redfield falsely states on her resume that she was part of a “curriculum committee” with SAL-UCI, an entity associated with UCI and the UCI Foundation where CaliforniaALL forwarded funds. In addition, Redfield falsely stated that she “launched” SAL-UCI, an entity that was already in existence from 2005.)

In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million from utility companies (AT&T, PG&E, Verizon, Sempra), including a sub rosa “hush-hush” contribution of $769,247 from the State Bar of California Foundation.

To date, data collected by the undersigned shows that CaliforniaALL (which was supposed to forward most of those funds) transferred between $300,000 to $400,000 to the UCI Foundation (where Joe Dunn serves as trustee), spent an unknown amount to honor Gwen Moore at a lavish dinner held at a luxury hotel in Sacramento, paid for other incidental expenses such as salaries, and subsequent to moving out from the offices of DLA Piper to a more modest location , paid for a UPS Store mail box slot in Citrus Heights. (Later, CaliforniaALL relocated its base to the loft of one Larrisa Parecki in Sacramento.)

Between 2001 and 2007, Geoffrey Brown served as a Commissioner with the CPUC. From 2006 to 2009, Brown served as a director of the State Bar of California Foundation. In 2008, California Bar Foundation quietly transferred $769,247.00 to CaliforniaALL. CaliforniaALL never acknowledged receipt of the $769,247.00 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.

Several months ago, the undersigned asked the State Bar of California Board of Governors to examine the suspicious circumstances surrounding CaliforniaALL (i.e. the hush hush transfer, etc.). While simply presenting facts similar to the above, Geoffrey Brown immediately, as though bitten by a snake, threatened to file legal action against the undersigned even though the communication with the BOG was absolutely privileged and justified, and only made mention of Brown in passing.

The undersigned has met Brown casually once or twice, and was highly impressed with his modest and genteel nature. A group conversation transpired and Brown immediately, without even being asked, volunteered to help and assist. This however, can and will not serve to bar the mentioning of his name as part of the overall description of events (such as in this communication). Such tactics would be unfair to the other individuals and the proper administration of justice. Nevertheless, it should be noted that the undersigned possesses not even a scintilla of evidence that demonstrating that Brown somehow pocketed any money unlawfully or engaged in any other unlawful activities, other than the convenient circumstances described above.

Due to unsettling circumstances involving the State Bar of California (such as the highly secretive control of CCPF by Judy Johnson, the refusal of the State Bar of California to disclose amounts it transfers to Bet Tzedek, a Los Angeles-based entity, the amounts it obtains from “voluntary contributions,” and, in particular, circumstances surrounding CaliforniaALL, Joe Dunn, and the Voice of OC), the undersigned asked Voice of OC to produce its tax returns for the past 3 years.

Specifically, the following circumstances surrounding Voice of OC have caused concerns:

1. Senator Martha Escutia, Chair of the Senate Committee on Energy, Utilities and Communications (EU&C) also participated in meetings with the CPUC concerning diversity. She is a founding member of The Senators (Ret.) firm, LLP, as is Joe Dunn.

2. The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $769,247.00 from the Cal Bar Foundation to CaliforniaALL, were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – on one hand Morrison & Foerster’s Susan Mac Cormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation, as well as BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. On the other hand Morrison &Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi as part of helping Joe Dunn with the establishment of Voice of OC.

3. CaliforniaALL was to transfer funds forward. It did so by awarding approximately $300,000 in grants to the UCI Foundation, where Joe Dunn serves as trustee and chair of the Audit Committee. It appears that CaliforniaALL preselected UCI Foundation, making a prior simulated request for proposal (RFP) by Sarah Redfield that led to the grant – a sham process.

4. In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That same month, Joe Dunn publicly launched his online publication, “Voice of OC.” (as though Ashley’s mission had been completed).

5. The recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” (as though they were fleeing the scene with guilty consciences).

As such, several months ago, on September 1, 2011, the Voice of OC was duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1 attached) Additionally, said request was delivered to Joe Dunn.

To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests. As such, reluctantly, the undersigned filed this complaint.

As such, I urge you to investigate this matter to determine whether Voice of OC who ignored the request to produce said tax returns violated IRS rules and regulations. I ask that you impose appropriate sanctions against any and all involved, if supported by the results of your investigation.

I look forward to your response. Please feel free to contact me if you have any questions or need additional information.

Joe Dunn’s VOICE OF OC located at 1212 S. Victory Blvd. Burbank, CA 91502

Kinde Durkee of 1212 S. Victory Blvd. Burbank, CA 91502

Norberto Santana of Voice of OC

James Brosnahan of Voice of OC (former)

David Washburn of Voice of OC

Martha Escutia of Voice of OC (former)

Girardi & Keese’s Tom Girardi of Voice of OC (former)

California Democratic Party operative and home-nudist Joe Cotchett of Cotchett Pitre & McCarthy, represents Diane Feinstein in suit against Kinde Durkee. Cotchett, as well as Nancy Fineman and others, were part of a criminal conspiracy to file false criminal charges against YR in connection with the ethics complaint in re CaliforniaALL / quadriplegic UC Davis  law student Sara Granda.  As a result of said conspiracy,  Yolo County District Attorney Jeff Reisig and Mike Cabral obtained a search warrant which resulted in the confiscation of all data referring or relating to Voice of OC and CaliforniaALL. 

COPY OF YR’S COMPLAINT AGAINST VOICE OF OC SUBMITTED TO IRS IN 2011, BELOW:

Internal Revenue Service
Exempt Organizations Unit
1100 Commerce St.
Dallas, TX 75242-1198

Re: A referral for noncompliance with tax laws against exempt organization “Orange County’s Nonprofit Investigative News Agency” (dba “Voice of OC”):

PRELIMINARY STATEMENT:

In lieu of using IRS Form 13909 (Tax-Exempt Organization Referral Form), please consider this communication a formal complaint (referral) against an Orange County, California not-for-profit entity known as “Orange County Nonprofit Investigative News Agency,” which operates an online publication under the name “Voice of OC” (located at www.voiceofoc.org).

On September 1, 2011, Orange County’s Nonprofit Investigative News Agency and Voice of OC (collectively, “Voice of OC”) were duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1.) To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests within 30 days. As such, reluctantly, the undersigned makes this referral.

INTRODUCTION OF ACTORS:

1. Mr. Joe Dunn in his role as the creator of online publication “Voice of OC” – Orange County’s Nonprofit Investigative News Agency.

2. Mr. Joe Dunn in his role as Trustee of the UCI Foundation (an entity which obtained funds from a separate charitable entity known as CaliforniaALL (FEIN Number 51-0656213).

3. Mr. Joe Dunn in his role as Executive Director of the State Bar of California – an entity which also controls and maintains a foundation known as the California Bar Foundation. The California Bar Foundation very quietly transferred close to $780,000 to CaliforniaALL.

4. Mr. Joe Dunn in his role as a politician and business partner of Martha Escutia, who was involved in matters relating to utility companies operating in California.

5. Ms. Gwen Moore – a former Assembly member in the California legislature. Ms. Moore has “clout” over the CPUC and utility companies. Ms. Moore presently serves as a member of the State Bar of California Board of Governors; she has previously been the subject of an FBI sting operation.

6. Mr. Geoffrey Brown – a former commissioner with the CPUC and former board member of the California Bar Foundation. During his tenure as a board member of the California Bar Foundation, a hush-hush transfer of $780,000 was made to CaliforniaALL. Subsequent to this transfer, Mr. Brown abruptly quit his position as board member.

7. Mr. Thomas Girardi of Los Angeles-based law firm Girardi & Keese. Mr. Girardi helped Joe Dunn to establish the Voice of OC, and was a member of its board of directors. Recently, he abruptly quit that position. Mr. Girardi is a well-known donor to the Democratic Party and, in particular, to California Senator Barbara Boxer.

8. Mr. Howard Miller of Los Angeles-based law firm Girardi & Keese. Mr. Miller was a member of both the State Bar of California Board of Governors and the California Bar Foundation board of directors when the “hush-hush” transfer of $780,000 from California Bar Foundation to CaliforniaALL took place.

9. Mr. James Brosnahan of Morrison & Foerster – Mr. Brosnahan represents utility companies. He – along with Thomas Girardi – helped Mr. Joe Dunn create the Voice of OC, the subject of this complaint. Like Mr. Girardi, Mr. Brosnahan also served as member of Voice of OC’s board of directors, and recently also abruptly quit his position.

10. Ms. Susan Mac Cormac of Morrison & Foerster – Ms. Mac Cormac was part of the legal team that created the legal entity known as CaliforniaALL.

11. Mr. Victor Miramontes – a resident of San Antonio, TX and business partner of former HUD Secretary Henry Cisneros. Mr. Miramontes was the chairman of CaliforniaALL.

12. Ms. Ruthe Catolico Ashley – a former employee of McGeorge School of Law who later served as a “Diversity Officer” at CalPERS. Ms. Ashley also served as member of the State Bar of California Board of Governors, and came up with the idea to create CaliforniaALL during a meeting with Sarah Redfield and Peter Arth, Jr. (the assistant to CPUC President Michael Peevey). After CaliforniaALL came into existence, Ms. Ashley, after a simulated search, was selected to serve as CaliforniaALL’s executive director.

13. Ms. Sarah Redfield – a visiting professor at McGeorge School of Law and a member of the State Bar of California Committee. Ms. Redfield was chosen to serve as the “interim executive director” for CaliforniaALL, and later also allegedly served as a consultant to CaliforniaALL. For her services, Ms. Redfield was paid for the year of 2008 close to $160,000 as an “independent contractor.” Even though CaliforniaALL was housed pro bono at the law offices of DLA Piper in Sacramento, there is an entry on CaliforniaALL’s tax return for close to $16,000 for “occupancy.”

14. Ms. Judy Johnson – the former Executive Director of the State Bar of California. For the past 8 years, she has been secretly serving as the president of an entity with a misleading name (“California Consumer Protection Foundation”). This entity absorbed close to $30 million in class action cy pres awards, as well as fines and settlements imposed by the CPUC on utility companies. This entity forwarded those funds to mostly questionable ACORN-like entities. On its website, CCPF claims that it has available information on all grantees going back 10 years. Not so. The information is scattered and extremely difficult to ascertain. In fact, a whole year is missing (2002). During that year, incidentally, CCPF awarded funds to the real ACORN as well as to Eric Moore of Educate LA, who is presumably related to Gwen Moore. Ms. Johnson used her position as executive director of the State Bar of California (which is supposed to supervise and discipline lawyers) as “clout” to obtain cy pres awards from the settlement of class actions prosecuted and defended by countless law firms.

15. Mr. Jeffrey Bleich of Munger Tolles & Olson – presently the U.S. ambassador to Australia and a close friend of President Barack Obama. Mr. Bleich served as member of the BOG when CaliforniaALL was conceived. He is mentioned only in reference because Verizon Communications (which heavily contributed to CaliforniaALL) is a client of Munger Tules & Olson.

FACTUAL BACKGROUND:

In approximately 2007, Ruthe Catolico Ashley — an attorney from Sacramento and a member of the State Bar of California Board of Governors — was employed by CalPERS as a “Diversity Officer.” Prior to her employment with CalPERS, Ms. Ashley was employed as a diversity officer at McGeorge School of Law in Sacramento. While at McGeorge, Ms. Ashley met diversity expert Sarah Redfield.

In April 2007, Ashley, along with Sarah Redfield, met Peter Arth at a restaurant in San Francisco. During that meeting the idea to create CaliforniaALL was conceived. Eventually, CalPERS, CPUC, and the State Bar of California endorsed in principle the creation of CaliforniaALL – a Section 501(c)(3) entity that would raise funds to be used to support a more diverse workforce in California.

Papers were filed with both state and federal agencies to allow CaliforniaALL to operate as a tax exempt entity. Victor Miramontes listed himself as Chairman of the Board, and Sarah E. Redfield served as CaliforniaAll’s interim-executive director for a period of 6 months. Serving as CaliforniaALL’s legal counsel was Susan Mac Cormac of Morrison & Foerster.

California Attorney General RCT reflects that CaliforniaALL obtained its “Charity” status on March 14, 2008 (FEIN Number 510656213). The address for CaliforniaALL is listed as 400 Capitol Mall, Suite 2400, Sacramento, California. This is actually the address of DLA Piper, where CaliforniaALL resided pro bono.
In June 2008, after a “nationwide search” and aided by a pro bono head-hunting firm in its search for a permanent CEO, CaliforniaALL, not surprisingly, hired Ruthe Catolico Ashley as its chief executive officer.

Also not surprisingly, Ruthe Catolico Ashley abruptly exited CaliforniaALL in September 2009 – the same month Joe Dunn launched his non-profit online publication “Voice of OC.”

CaliforniaALL was abruptly dissolved in June 2010.

CaliforniaALL’s 990 returns for 2008 list Sarah Redfield of Orono, Maine as an “independent contractor.” Her job description is listed as “Program Director.” and she was paid $157,763. It is unknown to the undersigned whether Redfield paid self-employment taxes or any other applicable state income taxes, either in California or Maine. (Incidentally, Redfield falsely states on her resume that she was part of a “curriculum committee” with SAL-UCI, an entity associated with UCI and the UCI Foundation where CaliforniaALL forwarded funds. In addition, Redfield falsely stated that she “launched” SAL-UCI, an entity that was already in existence from 2005.)

In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million from utility companies (AT&T, PG&E, Verizon, Sempra), including a sub rosa “hush-hush” contribution of $769,247 from the State Bar of California Foundation.

To date, data collected by the undersigned shows that CaliforniaALL (which was supposed to forward most of those funds) transferred between $300,000 to $400,000 to the UCI Foundation (where Joe Dunn serves as trustee), spent an unknown amount to honor Gwen Moore at a lavish dinner held at a luxury hotel in Sacramento, paid for other incidental expenses such as salaries, and subsequent to moving out from the offices of DLA Piper to a more modest location , paid for a UPS Store mail box slot in Citrus Heights. (Later, CaliforniaALL relocated its base to the loft of one Larrisa Parecki in Sacramento.)

Between 2001 and 2007, Geoffrey Brown served as a Commissioner with the CPUC. From 2006 to 2009, Brown served as a director of the State Bar of California Foundation. In 2008, California Bar Foundation quietly transferred $769,247.00 to CaliforniaALL. CaliforniaALL never acknowledged receipt of the $769,247.00 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.

Several months ago, the undersigned asked the State Bar of California Board of Governors to examine the suspicious circumstances surrounding CaliforniaALL (i.e. the hush hush transfer, etc.). While simply presenting facts similar to the above, Geoffrey Brown immediately, as though bitten by a snake, threatened to file legal action against the undersigned even though the communication with the BOG was absolutely privileged and justified, and only made mention of Brown in passing.

The undersigned has met Brown casually once or twice, and was highly impressed with his modest and genteel nature. A group conversation transpired and Brown immediately, without even being asked, volunteered to help and assist. This however, can and will not serve to bar the mentioning of his name as part of the overall description of events (such as in this communication). Such tactics would be unfair to the other individuals and the proper administration of justice. Nevertheless, it should be noted that the undersigned possesses not even a scintilla of evidence that demonstrating that Brown somehow pocketed any money unlawfully or engaged in any other unlawful activities, other than the convenient circumstances described above.

Due to unsettling circumstances involving the State Bar of California (such as the highly secretive control of CCPF by Judy Johnson, the refusal of the State Bar of California to disclose amounts it transfers to Bet Tzedek, a Los Angeles-based entity, the amounts it obtains from “voluntary contributions,” and, in particular, circumstances surrounding CaliforniaALL, Joe Dunn, and the Voice of OC), the undersigned asked Voice of OC to produce its tax returns for the past 3 years.

Specifically, the following circumstances surrounding Voice of OC have caused concerns:

1. Senator Martha Escutia, Chair of the Senate Committee on Energy, Utilities and Communications (EU&C) also participated in meetings with the CPUC concerning diversity. She is a founding member of The Senators (Ret.) firm, LLP, as is Joe Dunn.

2. The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $769,247.00 from the Cal Bar Foundation to CaliforniaALL, were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – on one hand Morrison & Foerster’s Susan Mac Cormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation, as well as BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. On the other hand Morrison &Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi as part of helping Joe Dunn with the establishment of Voice of OC.

3. CaliforniaALL was to transfer funds forward. It did so by awarding approximately $300,000 in grants to the UCI Foundation, where Joe Dunn serves as trustee and chair of the Audit Committee. It appears that CaliforniaALL preselected UCI Foundation, making a prior simulated request for proposal (RFP) by Sarah Redfield that led to the grant – a sham process.

4. In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That same month, Joe Dunn publicly launched his online publication, “Voice of OC.” (as though Ashley’s mission had been completed).

5. The recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” (as though they were fleeing the scene with guilty consciences).

As such, several months ago, on September 1, 2011, the Voice of OC was duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1 attached) Additionally, said request was delivered to Joe Dunn.

To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests. As such, reluctantly, the undersigned filed this complaint.

As such, I urge you to investigate this matter to determine whether Voice of OC who ignored the request to produce said tax returns violated IRS rules and regulations. I ask that you impose appropriate sanctions against any and all involved, if supported by the results of your investigation.

I look forward to your response. Please feel free to contact me if you have any questions or need additional information.

*Links and photos inserted by The Leslie Brodie Report.

Obama For America took out a $15 million loan from Bank of America last month, according to the campaign’s October monthly FEC report. The loan was incurred on September 4 and is due November 14, eight days after the election. OFA received an interest rate of 2.5% plus the current Libor rate.

Warren Buffett, Obama donor and namesake of the infamous “Buffett Rule,” invested $5 billion in Bank of America last year in an effort to help the ailing financial institution. Last month, two weeks after OFA took out the loan, Bank of America announced a plan that would lay off 16,000 workers by the end of the year.

Warren Buffett, Obama donor and namesake of the infamous “Buffett Rule,” invested $5 billion in Bank of America last year in an effort to help the ailing financial institution. Last month, two weeks after OFA took out the loan, Bank of America announced a plan that would lay off 16,000 workers by the end of the year.

Please continue @: http://freebeacon.com/obama-campaign-borrows-15m-from-bank-of-america/

GOLDEN CAPED SUPERMAN — GOOD Ol’ BOYS

Ronald Leroy Olson is a man proud of his humble Iowa background. Like his two close friends and business partners from across the Missouri River in Omaha, Nebraska — Warren Buffett and Charlie Munger –Olson prefers to not flash his wealth and engage in conspicuous consumption.

Ronald L. Olson (image:courtesy)

Given the opportunity, Olson will boast about his upbringing in Iowa, which he claims instilled in him an honest work ethic. To hear him talk, one would often believe that Olson is a good-ol’ country farmer who sweats profusely while tilling the land and fears the limelight lest it fade his suit, rather than the shrewd, well-connected attorney who sits on the board of Berkshire Hathaway, Edison International, Southern California Edison, City National Corporation, The Washington Post Company, Western Asset Trusts, RAND Corporation, the Mayo Clinic, and the Council of Foreign Relations, or the attorney who in his spare time practices law out of Los Angeles-based Munger Tolles Olson on behalf of Berkshire Hathaway, Edison International, Southern California Edison, Western Asset Trust, and many other entities such as The Yucaipa Company, Hollywood studios, and other major banks and utility companies.

A similar tactic is used by Warren Buffett, who portrays himself as the harmless average Joe who drinks 5 cans of Cherry Coke a day and spends his time playing bridge. Gold? That’s for Jews to sew into their garments, Charlie Munger declared recently. We are into value investing in productive and honest businesses. Greed ? Speculation? Hollywood? Churning ? Control and influence over banks, monetary policies, the media, utilities, and the government? Not us, no sirree Bob.

WAR STORY TIME

The second-in-command at Berkshire Hathaway — Charlie Munger — is not currently actively practicing law, although he holds the position of “of counsel” at Munger Tolles & Olson — a firm previously described by various media outlets as the best law firm in the country with an army of lawyers ready to wage war, and whose client list includes Berkshire Hathaway, Verizon Communication, and Southern California Edison.

Those warring lawyers often win various awards and designations by major California legal newspapers such as the “Los Angeles Daily Journal” and “San Francisco Daily Journal,” coincidentally owned by Charlie Munger, one of the founding fathers of Munger Tolles & Olson.

Other corporate law firms operating in California with large books of business from major utility companies include Northern California-based Morrison & Foerster (PG&E, El Paso), Keker & Van Nest (PG&E), DLA Piper (Sempra Energy, owner of San Diego Electricity ), and now-defunct Howard Rice (PG&E), which is now part of Arnold & Porter.

Beginning in 2000, these law firms were busy defending utility companies in the countless lawsuits and monumental proceedings stemming from California’s energy crisis. A unique features of those law firms is a tendency to obscure their corporate practices (i.e. defending tobacco companies, banks, utilities, mortgage companies) from public view. Instead, they would rather publicize their effort to promote diversity, and their alleged contributions to equal rights for all. For example, in the “Prop 8 marriage cases” Keker & Van Nest, Munger Tolles & Olson, Howard Rice, and Morrison & Foerster played pivotal roles. However, and although I may be mistaken, a quick review of Morrison & Foerster’s website listings for its California offices does not show even one male, African-American attorney working in California; moreover, Howard Rice has been sued for rescinding an offer of employment to a Latina attorney on the grounds of downsizing, only to continue to hire white men.

Those firms which represented the utility companies during California energy crisis, and the class-action plaintiffs’ firms who sued on behalf of consumers (such as Girardi & Keese and Cotchett Pitre & McCarthy) developed a penchant for congregating around the State Bar of California, and more specifically the California Bar Foundation. At times, strange though it may seem, two representatives from the same firms would serve as directors of the California Bar Foundation, as was the case in 2007-2008 when Jeff Bleich and Bradley Phillips of Munger Tolles & Olson served as directors, or currently where there are two directors from Arnold Porter.

A GOLDEN CAPED SUPERMAN

In 2007, Jeffrey Bleich was a ready-to-wage-war attorney working for Ronald Leroy Olson at Munger Tolles & Olson who was dubbed by some media outlets as Superman.

Bleich (if you believe Charlie Munger, while he had gold sewed into his cape) launched and co-chaired the national finance committee of Obama for America. Other attorneys from law firms representing utility companies seeking to place Obama in office because they hoped he would support the Smart-Grid and clean energy initiatives followed suit. Steven Churchwell of DLA Piper in Sacramento , James Brosnahan, Tony West and Chris Young of Morrison & Foerster, Kamala Harris (a protege of Willie Brown – a lackey of PG&E), and Doug Scrivner (who served as chief legal counsel of Accenture- a relatively unknown yet powerful entity) organized to push for the election of Barack Obama on behalf of those seeking to promote green energy.

At that time, Bleich was on a mission to put Obama in office on behalf of utility companies. The cover story was that Bleich and Obama are “good friends” ever since Bleich was asked to recruit Obama as clerk for appellate court Justice Abner Mikva.

Bleich — while serving as member of the State Bar of California Board of Governors and as director of the California Bar Foundation (alongside another war ready, gold sewing attorney from Munger Tolles, Bradley Phillips) — was a man on a mission.

SMART GREED

While an officer at the State Bar of California, Jeffrey Bleich and James Brosnahan were instrumental in pushing for the urgent creation of a non-profit entity known as CaliforniaALL.

Please continue @:

http://lesliebrodie.blog.co.uk/2012/08/27/copy-of-san-diego-reader-depublishe…

A blistering attack by the City of San Bruno, ratepayer advocates and Assemblyman Jerry Hill called into question the California Public Utility’s appointment of Sen. George Mitchell and his law firm DLA Piper as mediators in the PG&E explosion and fire settlement.

Mayor Jim Ruane of San Bruno, Thomas J. Long, Legal Director of consumer advocacy group The Utility Reform Network (TURN), and Karen Paull, Acting Legal Counsel, The Division of Ratepayer Advocates (DRA) all stood in front of the CPUC this morning and lambasted the “unholy and cozy alliance” between regulator CPUC and the regulated Pacific Gas & Electric Co.

The City of San Bruno and consumer advocates signed a letter demanding the CPUC rescind the appointment of Sen. Mitchell immediately because the CPUC  went behind their backs in appointing the mediator to oversee the talks and presented evidence that CPUC and PG&E had ex-parte contact in making the decision. The groups objected to the choice of mediator and said they should have been consulted before regulator CPUC appointed the mediator.

The California Public Utilities Commission had announced Monday that it had appointed former U.S. Senator George Mitchell to serve as mediator in the talks.

San Bruno City Manager Connie Jackson and attorneys with San Francisco and the consumer groups said the CPUC had notified PG&E before it appointed Mr. Mitchell, but didn’t notify San Bruno, San Francisco, or ratepayer advocates and officials.

“The unilateral announcement by the CPUC Monday that it had selected a mediator without consulting any of the parties at the negotiating table is consistent with the cozy and unholy relationship between the CPUC and PG&E.  This action is symbolic of the broken, dysfunctional and dishonest relationship between PG&E and the CPUC, the agency that is supposed to be the watchdog and protector of the public’s interest,” said Mayor Ruane of San Bruno.

“San Bruno is rightly concerned that the DLA Piper law firm has previously represented utilities–and that the firm was selected unilaterally by the CPUC and PG&E without the participation of any other party, which goes against the fundamental principles of mediation,” said Mayor Ruane at the press conference today.

“It also is of deep concern to us that DLA Piper has a lengthy list of corporate clients, including Southern California Edison, which the current chairman of the CPUC, Michael Peevey, once headed, according to news media reports about the appointment.

“In order for any mediation to succeed, the mediator will have to assure all the parties to our satisfaction that they have no conflicts, that they can be an unbiased mediator, and that the process will be open, transparent and fair,” Mayor Ruane said.

Please continue @:

http://www.sanfranciscosentinel.com/?p=168763

Related story, please see @:

http://lesliebrodie.blog.co.uk/2012/10/13/hundreds-of-thousands-of-dollars-fr…

George Mitchell: Reputation at Stake

Editorial — SanFranciscoSentinel

This week’s unilateral announcement by the California Public Utilities Commission to select DLA Piper—a global law firm that has represented the company headed by the current CPUC President Michael Peevy and worked to defend utility companies in major litigation—has sent shock waves throughout California’s legal community, elected leaders, the public and the media.

The fact that none of the parties at the negotiating table–with the exception of the ‘defendant’ in the case, Pacific Gas & Electric Co.–knew of or agreed to mediation nor was a party to the selection of the mediator, has raised ethical and legal questions that stun even the most passive observers in this monumental national public safety case.

The most fundamental basis of mediation is the agreement by all parties that it is necessary, closely followed by the mutual agreement of an unbiased and neutral mediator.  That very principal has been broken in every conceivable fashion by the California Public Utilities Commission and admitted as such to the Associated Press when CPUC Commissioner Mike Florio said in an interview he felt the move to inform PG&E first about the selection of DLA Piper had not been well thought out: “I think we handled this rather poorly. Announcing it before people were brought into it was not a good idea,” Florio said.

In our opinion, it’s beyond not being a ‘good idea,’ it breaks the very foundation of mediation and ruins the integrity of the CPUC process and DLA Piper’s participation.

If DLA Piper and Senator George Mitchell hope to retain any integrity and their reputations in the legal community, they must immediately resign this assignment now they have become aware of the unethical and potentially illegal manner in which they were selected.  We urge them to resign even before the CPUC leadership has the opportunity to rescind their appointment. It is not only the honorable thing to do, but it is the only thing that will preserve their reputation and demonstrate that they are not simply stooges for the utility industry and CPUC President Michael Peevy.

Please continue @:

http://www.sanfranciscosentinel.com/?p=168795

As part of our pipeline initiative, the San Francisco office hosted undergraduate student interns in a program sponsored by Level Playing Field Institute.

Throughout the summer, we again partnered with the Level Playing Field’s IDEAL Scholars program and the Jackie Robinson Foundation Scholars program to provide summer internships for minority undergraduates in our San Francisco Office.

The Level Playing Field Institute’s IDEAL Scholars program is a six-week internship for low-income, under-represented students of color attending the University of California-Berkeley who are interested in pursuing law school. The Jackie Robinson Foundation (JRF) provides four-year college scholarships to disadvantaged students of color to ensure their success in college and develop their leadership potential. DLA Piper’s close relationship with the JRF, including our providing office space and resources to JRF’s West Coast operations in Los Angeles, came about through Los Angeles Managing Partner Michael Meyer, who is on the JRF board and is a longtime supporter of its scholarship program.

During their internship with us, the students shadow DLA Piper lawyers and staff; at the culmination of their internship, they deliver a presentation on the functions and synergies of the departments with which they worked. The goal of the internship is to give the students some perspective of what it is like to work in a large law firm and to develop an appreciation for all jobs performed. Hear from past IDEAL scholars in a YouTube presentation provided by the Level Playing Field Institute.

Sources:

http://www.dlapiper.com/files/upload/DLA_Piper_Diversity_and_Inclusion_News_J…

AND:

http://www.dlapiperdiversity.com/community/

AND:

https://www.youtube.com/watch?v=dy-Qts35c3E

The San Onofre Nuclear Generating Station (SONGS) is a nuclear power plant located on the Pacific coast of California, in the northwestern corner of San Diego County, south of San Clemente. The site is surrounded by the San Onofre State Park and sits next to highway Interstate 5. The landmark spherical containment buildings around the reactors are designed to prevent unexpected releases of radiation. The closest tectonic fault line is the Cristianitos fault, which is considered inactive. The plant has been the site of many protests by anti-nuclear groups.

The facility is operated by Southern California Edison. Edison International, parent of SCE, holds 78.2% ownership in the plant; San Diego Gas & Electric Company, 20%; and the City of Riverside Utilities Department, 1.8%. The plant employs over 2000 people. The plant is located in Nuclear Regulatory Commission Region IV.

The plant’s two reactors (Units 2 and 3) have been shut down since January 2012 due to premature wear found on tubes in steam generators, which apparently contributed to the accidental release of a small amount of radioactive steam.

Reactors

This section requires expansion. (August 2012)

Unit 1, a first generation Westinghouse pressurized water reactor that operated for 25 years, closed permanently in 1992, and has been dismantled and is used as a storage site for spent fuel. It had a spherical containment of concrete and steel with the smallest wall being 6 feet (1.8 m) thick. Units 2 and 3, Combustion Engineering pressurized water reactors, continue generate 1,172 MWe and 1,178 MWe respectively.

2012 shutdown

Unit 2 shut in early January 2012 for refueling and replacement of the reactor vessel head.^[5] Both reactors at San Onofre have been shut since January 2012 due to premature wear found on tubes in steam generators installed in 2010 and 2011. Plant officials have pledged not to restart the units until the cause of the tube leak and tube degradation are understood, and the units are expected to be offline during the summer.^[5]

In March 2012, former nuclear power executive Arnold Gundersen of Fairewinds Associates, prepared a report that argued that “design modifications in the newly installed steam generators, such as different alloy for the tubes, led to problems at the plant”. In April 2012, in a sign of mounting concern over the shutdown, the top U.S. nuclear official, Gregory Jaczko, toured the facility with Senator Dianne Feinstein, a Democrat, and U.S. Representative Darrell Issa, a Republican.^[6] The shutdown in 2012 was not due to an earthquake or tsunami but instead due to poor design of the replacement steam generators that included many design changes and were not reviewed by the Nuclear Regulator Commission.^[7]

In May 2012, two retired natural gas electrical generators were brought back online to help replace the lost power generation, however the Huntington Beach Power Station only produces 440Mw of power.^[8][9]

As of July 2012, the cost related to the shutdown has reached $165 million, with $117 million of that being the purchasing of power from other sources to replace the output of the plant.^[10] As a result, the Chairman of Edison International Ted Carver has stated that there is a possibility that reactor 3 maybe scrapped as “It is not clear at this time whether Unit 3 will be able to restart without extensive additional repairs”.^[10]

The station had technical problems prior to those of 2012. For instance, as the July 12, 1982 edition of Time states, “The firm Bechtel was … embarrassed in 1977, when it installed a 420-ton nuclear-reactor vessel backwards” at San Onofre.^[11]

Safety culture

This section requires expansion. (August 2012)

According to the NRC, workers at San Onofre are “afraid they will be retaliated against if they bring up safety problems, something that’s against the rules”.^[12] As of 2011, there has been progress on the issue, says the NRC, but there is still more work to do. So far, the problems have not threatened the safety of plant workers or the public. San Clemente Green is an environmental group opposed to the continued operation of the San Onofre nuclear plant.^[12]

Environmental risk and mitigation

Southern California Edison states the station was “built to withstand a 7.0 magnitude earthquake directly under the plant”.^[13] Additionally, there is a 25-foot tsunami wall to protect the plant from a rogue wave that could be potentially generated by the active fault 5 miles offshore.^[14]

The Nuclear Regulatory Commission’s estimate of the risk each year of an earthquake intense enough to cause core damage to the reactor at San Onofre was 1 in 58,824, according to an NRC study published in August 2010.^[15][16]

Unlike many pressurized water reactors, but like some other seaside facilities in Southern California, the San Onofre plant uses seawater for cooling, and thus lacks the iconic large cooling towers typically associated with nuclear generating stations. However, changes to water-use regulations may require construction of such cooling towers in the future to avoid further direct use of seawater. Limited available land next to SONGS would likely require towers to be built on the opposite side of Interstate 5.^[17]

Anti-nuclear protests

An editor has expressed a concern that this section lends undue weight to certain ideas, incidents, controversies or matters relative to the article subject as a whole. Please help to create a more balanced presentation. Discuss and resolve this issue before removing this message. (July 2012)

On August 6, 1977, about a thousand anti-nuclear protesters marched outside the nuclear generation station, while units 2 & 3 were under construction.^[18]

On June 22, 1980, about 15,000 people attended a protest near San Onofre Nuclear Generating Station.^[19]

On March 11, 2012, activists protested the San Onofre Nuclear Generating Station to mark the one-year anniversary of the Fukushima Daiichi nuclear disaster. Over 200 people rallied in San Onofre State Beach to listen to several speakers, including two Japanese residents who lived through the Fukushima meltdowns and Raymond Lutz. Though local leaders and industry officials say that a disaster like Fukushima is unlikely at San Onofre, the activists point to the plant’s safety record, earthquake risk, location on the coast quite similar to that in Japan, and the fact that as of March 2012, San Onofre’s reactors were “off-line due to leaks and wear and tear to the generator tubes. Speakers at the event said they would like for the generators to remain off”.^[20]

Environmental and anti-nuclear activists gathered at Southern California Edison’s Irvine headquarters in May 2012 calling for the San Onofre plant to be decommissioned. They also called for Edison to spend more money implementing energy conservation programs and suggested the formation of a working group to encourage consumers to save energy. The plant’s shutdown has drawn scrutiny from elected officials, including Sen. Barbara Boxer, who asked Edison and the NRC whether design changes in the steam generators were properly reviewed.^[21]

In popular culture

In the James W. Huston novel, Fallout, Pakistani Air Force Pilots attempt to bomb San Onofre using stolen California Air National Guard F-16s. In the James Bond novel License Renewed by John Gardner, it was one of six nuclear power stations in the terrorist/blackmail plot “Meltdown” planned by The Laird of Murcaldy, Anton Murik. In the science fiction novel Timescape, by Gregory Benford, the nuclear plants at San Onofre raised the water temperature along the adjacent coast, which stimulated aquatic life.

The generating station was also featured in the 1983 documentary film Koyaanisqatsi and the 1988 comedy film The Naked Gun: From the Files of Police Squad!. It was featured as the first landmark in the San Diego level of the 1998 video game California Speed.

In the 2011 television series The Event, the fuel rods were removed from San Onofre to thwart the aliens’ plan to steal the uranium to build a “transportation array”.

In the role-playing game Shadowrun, San Onofre is destroyed by an earthquake in the year 2028 and sealed similarly to the Chernobyl Nuclear Power Plant.^[22]

Surrounding population

The Nuclear Regulatory Commission defines two emergency planning zones around nuclear power plants: 1) a plume exposure pathway zone with a radius of 10 miles (16 km), concerned primarily with exposure to, and inhalation of, airborne radioactive contamination, and 2) an ingestion pathway zone of about 50 miles (80 km), concerned primarily with ingestion of food and liquid contaminated by radioactivity.^[23] The average prevailing westward wind direction at San Onofre blows inland 9 months of the year.^[24]

The 2010 U.S. population within 10 miles (16 km) of San Onofre was 92,687, an increase of 50.0 percent in a decade, according to an analysis of U.S. Census data for msnbc.com. The 2010 U.S. population within 50 miles (80 km) was 8,460,508, an increase of 14.9 percent since 2000.^[25] Three of the cities within 20 miles of the the facility are San Clamente and Laguna Beach in Orange County and Oceanside in San Diego County.^[26][27] San Diego is 45 miles south of the facility, and Los Angeles is 60 miles north of the facility.^[28]

See also

• Diablo Canyon Power Plant
• Anti-nuclear movement in California
• Integral Fast Reactor

References

External links

• “NRC: San Onofre – Unit 1”. Nuclear Regulatory Commission. February 7, 2011. Retrieved 2011-03-17.
• “San Onofre 2 Pressurized Water Reactor”. Operating Nuclear Power Reactors. U.S. Nuclear Regulatory Commission (NRC). February 14, 2008. Retrieved 2008-11-25.
• “San Onofre 3 Pressurized Water Reactor”. Operating Nuclear Power Reactors. NRC. February 14, 2008. Retrieved 2008-11-25.
• “San Onofre Power Plant Emergency”. Operating Nuclear Power Reactors. NRC. November 2, 2011. Retrieved 2011-11-2.
• SCE SONGS webpage
• Edison SONGS webpage
• Why Domes at San Onofre from North County Times
• So. Calif. nuclear plant worker faked fire checks
• Decommission San Onofre Fukushima USA

Source @:

http://en.wikipedia.org/wiki/San_Onofre_Nuclear_Generating_Station

Venture capitalists … are struggling with an investing climate that’s the gloomiest since the bust of 2000 and ’01. In the first half of 2008, only five venture-backed companies went public … the poorest showing in five years. “Almost everybody who’s been in the Valley for any period of time is pursuing cleantech now,” says Dixon Doll. .

Steve Churchwell is a partner in DLA Piper’s State Government Affairs group. Since 1982, he has assisted clients in charting a successful course through the challenging waters of California government and politics. He represents corporations, associations, Indian tribes and governmental agencies in the areas of state regulatory matters, political law, ethics and conflicts of interest and related litigation.

Mr. Churchwell defends clients against government enforcement actions, assists clients with legislative strategy, helps them obtain government contracts and grants, develops compliance programs for regulated clients and devises sound political strategies.

Source: http://www.dlapiper.com/steve_churchwell/

——————————————————————————————————

October 3, 2005 – DLA Piper Rudnick Gray Cary US LLP today announced that Steven G. Churchwell will join the firm’s Government Affairs practice group as a partner in the Sacramento office. Churchwell previously was a partner at Livingston & Mattesich.

“Steve is a leading political law and state regulatory lawyer and an expert in government conflicts of interest and ethics matters,” said Thomas O’Neil III, chair of the firm’s Government Affairs practice group. “Both his colleagues and clients will benefit from his extensive experience and he will play an important role in the further development of our Government Affairs practice in Sacramento  .”

Churchwell started his career in 1982 as a public interest litigation fellow. Following his two-year fellowship, he served as a staff counsel in the California Office of Administrative Law. He joined Nielsen, Merksamer, a leading government affairs firm in Sacramento  in 1986 where he focused on ballot propositions and campaign finance compliance matters.

In 1989, Steve was appointed Chief Counsel for the Cal/OSHA Appeals Board where he drafted appellate decisions for the Board and defended the agency in court, achieving a 12-0 litigation record. In 1993, Steve was appointed General Counsel of the California Fair Political Practices Commission where he acted as the senior legal advisor to California’s political watchdog and handled important constitutional litigation matters in state and federal courts, achieving two 7-0 decisions in the California Supreme Court. Steve joined Livingston & Mattesich in 2000, and he has grown a state-wide practice assisting associations of businesses, large corporations, Indian tribes and public agencies with ballot measures, state and federal campaign finance law compliance, ethics issues and state regulatory issues that affect businesses.

A frequent author and lecturer, Churchwell was recognized as one of the four “government law” Northern California  Super Lawyers in 2004. He received a B.A. from Vanderbilt University and a J.D. from the University of Tennessee Law School where he was Articles Editor of the Tennessee Law Review.

The Government Affairs group of DLA Piper has been called “one of the most high-powered and high-profile lobbying shops in the nation’s capital,” by the National Law Journal. Many of the attorneys and other professionals in this group have held senior elected, appointed, and staff positions in all branches of the federal government and in numerous state governments. This distinguished group includes former Senate Majority Leader George J. Mitchell, former House Majority Leaders Richard Armey and Richard Gephardt, and former Michigan governor and U.S. ambassador to Canada, Jim Blanchard.

Source:

http://www.dlapiper.com/global/media/detail.aspx?news=1984

See original story @:

http://lesliebrodie.blog.co.uk/2011/11/03/tom-girardi-lashes-out-at-victim-as…

Per the qualified source, Girardi’s demand letter did not include any threat of criminal prosecution such as in the case of Flatley v. Mauro.

“Normally, conduct of the type engaged in by Mr. Mauro falls within the protective provisions of section 425.16.  (See Briggs v. Eden Council for Hope & Opportunity, supra, 19 Cal.4th at p. 1115 [“communications preparatory to or in anticipation of the bringing of an action or other official proceeding” are protected under section 425.16]; Kashian v. Harriman, supra, 98 Cal.App.4th at p. 908 [filing a lawsuit]; Shekhter v. Financial Indemnity Co., supra, 89 Cal.App.4th at p. 153 [attorney’s use of the media is entitled to protection under section 425.16].)  The problem is that Mr. Mauro went further than threatening to file a lawsuit and then disseminate the information about the complaint to journalists.  Rather, in addition to the threatened lawsuit and media exposure, Mr. Mauro threatened criminal prosecution or publication of defamatory matter about the rape as a means of obtaining leverage in the proposed civil action if “seven figures” was not paid. “

Source @:

http://www.ilawdictionary.com/California_Law_Dictionary_Vol_0000_Ch_001_Sec_0…

See also California Supreme Court decision,  Footnote 16 which reads:

“We emphasize that our conclusion that Mauro’s communications constituted criminal extortion as a matter of law are based on the specific and extreme circumstances of this case.   Extortion is the threat to accuse the victim of a crime or “expose, or impute to him · any deformity, disgrace or crime” (Pen.Code, § 519) accompanied by a demand for payment to prevent the accusation, exposure, or imputation from being made.   Thus, our opinion should not be read to imply that rude, aggressive, or even belligerent prelitigation negotiations, whether verbal or written, that may include threats to file a lawsuit, report criminal behavior to authorities or publicize allegations of wrongdoing, necessarily constitute extortion.   (Philippine Export & Foreign Loan Guarantee Corp. v. Chuidian, supra, 218 Cal.App.3d at p. 1079, 267 Cal.Rptr. 457 [“a person, generally speaking, has a perfect right to prosecute a lawsuit in good faith, or to provide information to the newspapers”].)   Nor is extortion committed by an employee who threatens to report the illegal conduct of his or her employer unless the employer desists from that conduct.   In short, our discussion of what extortion as a matter of law is limited to the specific facts of this case.”

Source:

http://caselaw.findlaw.com/ca-supreme-court/1251110.html

Charles Siller (represented by Cotchett Pitre & McCarthy) prosecuted litigation which settled for $10 million cash and $20.5 million in property to be transferred to CWS Enterprises, Inc. (“CWS”), which Siller owns.

Later, Siller tried to renegotiate their contingent fee agreements. When Cotchett, Pitre & McCarthy declined to reduce their fees, Siller discharged them.

Pitre and Co-Counsel jointly demanded arbitration, and subsequently were awarded $9,150,437.90 and $2,497,325.07, respectively.

A state court confirmed the arbitration award and entered judgment against Siller/CWS, whereupon Siller/CWS, defiant, each sought protection under chapter 11 of the Bankruptcy Code.

Pitre and co-counsel both filed claims (“Pitre claim”). Siller in his own case, and David Flemmer (trustee for CWS) object to the Pitre Claim arguing it exceeds the “reasonable value” of the services rendered by Pitre and Co-Counsel.

Flemmer (represented by the Sacramento office of DLA Piper) invites Jim Wagstaffe of Kerr & Wagstaffe to testify as an expert witness as to the “reasonable value” of the services rendered by Cotchett Pitre & McCarthy.

Jim Wagstaffe of Kerr Wagstaffe is also Cotchett Pitre & McCarthy’s co-counsel in an ongoing separate matter in San Mateo.

Discuss.

(Answers should include references to both the California Rules of Professional Conduct and the ABA Model Rules of Professional Conduct)

Please observe that, rather than contacting Damrell and Weiss directly, the query is being delivered publicly, here and now.

Any reply, if any, can be deliverered to lesliebrodie@gmx.com

Related stories @:

http://lesliebrodie.blog.co.uk/2011/12/05/kerr-wagstaffe-s-jim-wagstaffe-pecu…

And @:

http://lesliebrodie.blog.co.uk/2011/12/05/kerr-wagstaffe-s-jim-wagstaffe-pecu…

Ms Shirli Fabbri Weiss

In Part 1, we discussed the ongoing bankruptcy proceedings involving CWS and owner Charles Siller (“Siller”), former clients of Burlingame-based Cotchett Pitre & McCarthy (“Cotchett”).

After Siller unsuccessfully sought to renegotiate the amount of fees owed to Cotchett, Cotchett commenced legal proceedings against Siller and obtained a judgment. Siller, defiant, filed for bankruptcy. Cotchett, also defiant, continues to pursue Siller in bankruptcy court.

Presently, Siller is asking the bankruptcy court – through a trustee represented by DLA Piper in Sacramento – to essentially renegotiate the fees by examining the “reasonable value” of the benefits obtained from Cotchett. Presumably, the parties are operating under the assumption that the determined reasonable value will not exceed the original amount.

As an aside, DLA Piper’s Sacramento offices housed non-profit CaliforniaALL, the entity that obtained the sub rosa $780,000 contribution from the California Bar Foundation.

In yet another strange twist, Jim Wagstaffe of Kerr Wagstaffe – Cotchett’s co-counsel in an ongoing separate matter in San Mateo – has been selected to offer expert testimony as to the reasonable value of Cotchett’s services to Siller. 

Hell Hath No Fury Like a Stiffed Cotchett

Parties seeking representation by Cotchett, particularly in a contingency fee arrangement, had better stick to their word and their side of the agreement, and otherwise conduct themselves honorably. Shenanigans are not tolerated.

Mr Joseph Cotchett of Burlingame-based Cotchett Pitre & McCarthy (Image:courtesy photo)

At least based on our observation, Cotchett is not a corporate firm that will pretend to crunch the numbers and offer discounts or send an unpaid bill to a collection agency that might offer a client a “deal”, say 30 cents on the dollar.

The way the firm sees things, the client came to it in a time of need, the firm took a risk, the firm worked hard to earn the fees and invested its own money to pay for expenses, and ultimately it delivered; so, please, do not try to disrespect the firm by not paying it what it is entitled to.

A client engaging in waggery, or otherwise trying to pull a fast one on Cotchett, is perceived as committing an act of betrayal, which is highly and deeply offensive to Cotchett’s sense of fairness, justice, and what is right and wrong in the universe.

Hence, the same efficient and fearless legal machinery that initially worked on behalf of the errant client is now ready to take that client on – and justifiably so we might add.

That having been said, we have also observed that Cotchett, at times, enters into convoluted agreements with its clients regarding the payment of attorney’s fees, which usually involve business transactions post-settlement, and otherwise prolong the attorney-client relationships as they move into adversarial business relationships.

This new arrangement between a toxic client and the orderly Cotchett provides both, for a short while longer, the needed platform to co-dependently remain in a relationship for Cotchett to right another wrong until a court writes it off.

IN RE TOYOTA MOTOR CORP.

754 F.Supp.2d 1208 (2010)

In re TOYOTA MOTOR CORP. UNINTENDED ACCELERATION MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION
This document relates to: All personal liability/wrong death cases.
Case No. 8:10ML 02151 JVS (FMOx).
United States District Court, C.D. California.

December 9, 2010.

Andrea Bierstein, Clinton B. Fisher, Jayne Conroy, Mitchell M. Breit, Paul J. Hanly, Jr., Thomas I. Sheridan, III, Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, Michael A. London, Douglas & London, Chaim B. Book, Moskowitz Book & Walsh, LLP, Patrick J. Sheehan, Joe R. Whatley, Jr., Edith M. Kallas, Shujah A. Awan, Whatley Drake & Kallas LLC, Hunter J. Shkolnik, Reingold Valet Rheingold Shkolnik & McCartney, Anita Magdalena Jaskot, Robert Michael Brill, Law Offices of Robert M. Brill, Ted Trief, Arlene Stevens, Trief & Olk, Jeremy Nathan Nash, Jill Sharyn Abrams, Orin Robert Kurtz, Abbey Spanier Rodd & Abrams, LLP, Wendy R. Fleishman, Lieff Cabraser Heimann & Bernstein, LLP, New York, NY, Daniel H. Chang, Diversity Law Group APC, Edward Wonkyu Choi, Choi & Associates Law Offices, Gretchen M. Nelson, Kreindler & Kreindler LLP, Thomas Vincent Girardi, Girardi & Keese, Dana B. Taschner, Lanier Law Firm, Marc M. Seltzer, Ryan C. Kirkpatrick, Steven G. Sklaver, Susman Godfrey LLP, Brian R. Strange, Gretchen Carpenter, John Peter Ohanesian, Strange and Carpenter, Lionel Zevi Glancy, Michael M. Goldberg, Glancy Binkow & Goldberg LLP, Mark John Geragos, Shelley Kaufman, Tamar G. Arminak, Geragos & Geragos, Lee M. Gordon, Elaine T. Byszewski, Hagens Berman Sobol Shapiro LLP, Edward A. Woods, Eric M. George, Michael A. Bowse, Browne Woods George LLP, Joel E. Elkins, Jordan L. Lurie, Weiss and Lurie, Christopher M. Burke, Hal D. Cunningham, Scott & Scott LLP, Jerome L. Ringler, Paul Alvarez, Paul G. Szumiak, Thomas A. Kearney, Ringler Kearney Alvare, Roger A. Cerda, Alston & Bird LLP, Los Angeles, CA, David C. Wright, Jae Kook Kim, Kristy M. Arevalo, Richard D. McCune, Jr., McCune Wright LLP, Redlands, CA, Derek Yeats Brandt, Simmons Browder Gianaris Angelides & Barnerd LLC, East Alton, IL, Peter J. Cambs, Jordan Lucas Chaikin, Bonita Springs, FL, Fred R. Rosenthal, Lisa M. Hasselman, Steve W. Berman, Barbara M. Mahoney, Hagens Berman Sobol Shapiro LLP, Rachel S. Black, Susman Godfrey LLP, Seattle, WA, Behram V. Parekh, Heather Marie Peterson, Michael L. Kelly, Kirtland and Packard, El Segundo, CA, Ben Barnow, Barnow & Associates PC, Kenneth A. Wexler, Wexler Wallace LLP, Aaron J. Bryant, The Bryant Law Group, Chicago, IL, Gene J. Stonebarger, Stonebarger Law, APC, Folsom, CA, David M. Arbogast, Jeffrey K. Berns, Arbogast & Berns LLP, Woodland Hills, CA, H. Scott Leviant, Ira R. Spiro, Spiro Moss LLP, Los Angeles, CA, Mark P. Robinson, Jr., Daniel S. Robinson, Karren Schaeffer, Michelle M. West, Scot D. Wilson, Robinson Calcagnie & Robinson, James B. Hardin, Adam T. Hoover, Marc G. Reich, Reich Radcliffe & Kuttler LLP, Newport Beach, CA, Thomas Joseph O’Reardon, II, Timothy G. Blood, Blood Hurst & O’Reardon LLP, Samuel M. Ward, Stephen R. Basser, Barrack Rodos & Bacine, Alan M. Mansfield, The Consumer Law Group, Daniel J. Mulligan, Thomas A. Jenkins, Jenkins Mulligan & Gabriel LLP, Georgiy B. Lyudyno, Ronald A. Marron, Ronald A. Marron Law Offices APLC, James Robert Hail, John A. Lowther, IV, William James Doyle, II, Doyle Lowther, San Diego, CA, Daniel E. Becnel, Jr., Jennifer L. Crose, June Anne Oswald, Darryl James Becnel, Salvadore Christina, Jr., Becnel Law Firm LLC, Reserve, LA, Diane Kay Zink, Attorney at Law, Robert M. Becnel, Law Offices of Robert M. Becnel, Christopher Devon Becnel, Becnel Law Firm, LLC, Laplace, LA, Camilo Kossy Salas, III, Salas LC, Cayce Christian Peterson, Hugh Palmer Lambert, Linda Jane Nelson, Lambert & Nelson, Matthew B Moreland, Matthew B. Moreland, Attorney at Law, Lawrence J. Centola, III, Scott R. Bickford, Martzell & Bickford, Patrick J. O’Cain, McGlinchey Stafford, PLLC, Stephen J. Herman, Herman Gerel LLP, Dawn M. Barrios, Barrios Kingsdorf & Casteis, New Orleans, LA, John Francis Nevares, John F. Nevares Attorney at Law, Ricardo L. Ortiz-Colon, Fiddler, Gonzalez & Rodriguez, San Juan, PR, Lance August Harke, Harke & Clasby, John Hasan Ruiz, Joseph Lawrence McGuinness, Miami, FL, J. Andrew Meyer, Tamra Carsten Givens, Morgan & Morgan, PA, Tampa, FL, Scott W. Weinstein, Morgan & Morgan PA, Ft. Myers, FL, Andres A. Alonso, Jerrold S. Parker, Melanie H. Muhlstock, David Bruce Krangle, Great Neck, NY, Benjamin L. Bailey, Eric B. Snyder, Robert P. Lorea, Rodney Arthur Smith, Bailey & Glasser LLP, Edgar F. Heiskell, III, Edgar F. Heiskell Attorney at Law, Harry F. Bell, Jr., The Bell Law Firm, Charleston, WV, Mark S. Baumkel, Bingham Farms, MI, Gerarld J. Rodos, Jeffrey B. Gittleman, Mark R. Rosen, Leonard Barrack, Lisa M. Lamb, Barrack Rodos and Bacine, Jeffrey L. Osterwise, Jon J. Lambiras, Sherrie R. Savett, Berger & Montague PC, Larry Pitt, Larry Pitt & Associates PC, Brian J. McCormick, Jr., Sheller PC, Leonard V. Fodera, Louis Todd Silverman, Michael Phillip Lalli, Silverman & Fodera PC, Arnold Levin, Daniel C. Levin, Levin Fishbein Sedran & Berman, Philadelphia, PA, Arthur Camden Lewis, Keith M. Babcock, John S. Simmons, Lewis & Babcock LLP, Columbia, SC, Thomas J. Murray, Thomas J Murray & Associates Inc., James L. Murray, John T. Murray, Dennis E. Murray, Jr., Margaret M. Murray, Murray & Murray, Sandusky, OH, Elizabeth Joan Cabraser, Nimish R. Desai, Robert J. Nelson, Todd A. Walburg, Lieff Cabraser Heimann and Bernstein LLP, Rosemary M. Rivas, Tracy Tien, Finkelstein Thompson LLP, Derek G. Howard, Gilmur R. Murray, Brad Yamauchi, Jack W. Lee, Minami Tamaki LLP, Cadio Zirpoli, Guido Saveri, Melissa C. Shapiro, R. Alexander Saveri, Saveri & Saveri Inc., San Francisco, CA, Christopher David Stock, Robert Alan Steinberg, Stanley M. Chesley, Wilbert Benjamin Markovits, Waite Schneider Bayless & Chesley, Cincinnati, OH, James E Cecchi, Lindsey H. Taylor, Carella Byrne Bain Gilfillan Cecchi Stewart and Olstein, Roseland, NJ, Charles T. Lester, Jr., Eric C. Deters, Eric C. Deters & Associates PSC, Independence, KY, Ralph K. Phalen, Ralph K. Phalen Law PC, Jose M. Bautista, Robert C. Sullivan, Sullivan Bautista Morgan Allen & Chronic LLC, Shawn Gayland Foster, Davis, Bethune & Jones, LLC, Bradley D. Kuhlman, Chad Cameron Lucas, Kuhlman Law Firm, LLC, Kansas City, MO, W. Mark Lanier, The Lanier Law Firm, Fletcher V. Trammell, Bailey Perrin Bailey, Robert S. Safi, Susman Godfrey LLP, Edward Morgan Carstarphen, III, Ellis Carstarphen et al., Houston, TX, Donald C. Coggins, Jr., John Belton White, Jr., Harrison White Smith and Coggins, Spartanburg, SC, Mark J. Tamblyn, Neha Duggal, Wexler Wallace LLP, C. Brooks Cutter, Stuart C. Talley, Kershaw Cutter & Ratinoff, Sacramento, CA, Bruce W. Steckler, Denyse F. Clancy, Renee M. Melancon, Baron & Budd PC, Dallas, TX, Jennifer K. Berg, Baron & Budd PC, Beverly Hills, CA, Laura L. Singletary, Mary Nell Bennett, Richard Joseph Arsenault, James R. Whaley, John Randall Whaleym, Michael S. Koch, Neblett Beard & Arsenault, Alexandria, LA, John R. Climaco, Patrick G. Warner, Climaco Lefkowitz Peca Wilcox and Garofoli, Frank E. Piscitelli, Jr., Frank E. Piscitelli Co. LLPA, D. Scott Kalish, Frank E. Piscitelli Jr., James L. Deese, Cleveland, OH, Brian W. Smith, Smith & Vanture LLP, West Palm Beach, FL, Thomas D. Mauriello, Mauriello Law Firm, San Clemente, CA, W. Daniel Miles, III, Timothy R. Fiedler, Beasley Allen Crow Methvin Portis & Miles PC, Montgomery, AL, Gordon M. Fauth, Jr., Litigation Law Group, Alameda, CA, Amy M. Wilkins, Robert B. Carey, Hagens Berman Sobol Shapiro LLP, Phoenix, AZ, Leif Garrison, Carey Law Firm, Colorado Springs, CO, Jerry K. Cimmet, Jerry K. Cimmet Law Offices, San Mateo, CA, John M. Kelson, John M. Kelson Law Office, Oakland, CA, J. Gerard Stranch, IV, Joe P. Leniski, Michael G. Stewart, Steven J. Simerlein, Branstetter Stranch & Jennings PLLC, Jonathan P. Farmer, Jones Hawkins & Farmer PLC, Nashville, TN, Amanda M. Williams, Daniel E. Gustafson, Karla M. Gluek, Gustafson Gluek PLLC, Charles S Zimmerman, Zimmerman Reed PLLP, Robert K. Shelquist, Yvonne M. Flaherty, Lockridge Grindal Nauen PLLP, Minneapolis, MN, James E. Carter, James E. Carter and Associates, LLC, Savannah, GA, Jon E. Ingram, Jr., Thomas W. Tucker, Tucker Everitt Long Brewton & Lanier PC, Augusta, GA, Doris A. Kim, Mark K. Gray, Matthew L. White, Franklin Gray & White, Gary M. Weiss, Joseph Allan Cobb, Weiss & Cobb Attorneys at Law, Louisville, KY, Frank Piscitelli, Mony Financial Services, Purchase, NY, J. Burton Leblanc, IV, Baron & Budd PC, Baton Rouge, LA, Russell A. Wood, Wood Law Office, P.A., Russellville, AR, Douglas Scott Lyons, Lyons & Farrar PA, Phillip Timothy Howard, Howard & Associates PA, Tallahassee, FL, Norwood Sherman Wilner, Wilner Block PA, Jacksonville, FL, Howard Weil Rubinstein, Law Office of Howard W. Rubinstein, Aspen, CO, Bryan August Pfleeger, Ronald J. Favre, Waldon Michael Hingle, Michael Hingle & Associates, Inc., Slidell, LA, Brian Nolan Mazzola, Law Offices of Brian N. Mazzola PLLC, Beaumont, TX, Dianne M. Nast, Erin C. Burns, Roda & Nast, Lancaster, PA, William A. Riback, William Riback LLC, Haddonfield, NJ, Delana S. Sanders, Justin A. Sanders, The Sanders Law Firm, Covington, KY, Kenneth S. Canfield, Ralph I. Knowles, Robert E. Sanders, Robert E. Shields, W. Matthew Nakajima, Doffermyre, Shields, Canfield & Knowles, LLC, Atlanta, GA, David Pastor, Gilman and Pastor LLP, Patrick T. Jones, Peter J. Schneider, Cooley, Manion, Moore & Jones, PC, Howard Friedman, Law Offices of Howard Friedman, P.C., Boston, MA, Thomas E. Clary, III, Glassman Edwards Wade & Wyatt, P.C., Memphis, TN, Patricia Ann Meester, Franklin D. Azar & Associates PC, Pueblo, CO, Franklin D. Azar, Jason B. Wesoky, Nathan Axvig, Franklin D. Azar & Associates PC, Aurora, CO, Philip Burton Green, Kailua-Kona, HI, William G. Azar, Azar & Schlehofer, P.C., Anchorage, AK, Anthony Martin Urie, Shoreline, WA, Joseph W. Price, Snell & Wilmer, Costa Mesa, CA, Stacey Tjon Bossart, Solberg Stewart Miller and Tjon, Fargo, ND, Martha K. Wivell, Sheller PC, Cook, MN, Sharon L. Van Dyck, Van Dyck Law Firm, PLLC, St. Louis Park, MN, Kevin Bruce Love, Criden & Love PA, South Miami, FL, Jason Saul Remer, Remer & Georges-Pierre PLLC, North Miami, FL, Garrett D. Blanchfield Jr., Roberta A. Yard, Reinhardt Wendorf and Blanchfield, Gino F. Battisi, Foley and Mansfield PLLP, Joseph V. Neill, St. Paul, MN, Andrew E. Bederman, Greenberg and Bederman LLP, Silver Spring, MD, Benjamin F. Johns, Joseph G. Sauder, Matthew D. Schelkopf, Chimicles & Tikellis, LLP, Haverford, PA, Charles A. Fiore, Williamstown, NJ, Francis Christopher Porada, Berenbaum Weinshienk PC, Denver, CO, Ann E. Brown-Graff, Brad J. Brady, Larry D. Helvey, Matthew L. Preston, Brady & O’Shea PC, Cedar Rapids, IA, Christopher P. Welsh, Welsh Welsh Law Firm, Omaha, NE, Donald H. Slavik, Habush Habush & Rottier SC, Milwaukee, WI, Fred Sehultz, Greene, Schultz Law Firm, Bloomington, IN, William A. Cohan, William A. Cohan Law Offices, Rancho Santa Fe, CA, James C. Shah, Shepherd Finkelman Miller & Shah LLP, Media, PA, William A. Riback, William Riback LLC, Haddonfield, NJ, B. Keith Williams, James R. Stocks, Lannom & Williams, Lebanon, TN, Jud Patterson, Luxon & Patterson, Richmond, KY, Ronald Lee Burdge, Burdge Law Office, Elizabeth Ahern Wells, Dayton, OH, Lucien C. Gwin, III, Gwin, Lewis & Punches, Natchez, MS, for Plaintiffs.
Andrew B. Cooke, Flaherty Sensabaugh & Bonasso, Rebecca A. Betts, David B. Thomas, Nicholas S. Johnson, Allen Guthrie McHugh and Thomas, Elizabeth L. Taylor, Flaherty Sensabaugh & Bonasso, Charleston, WV, Anne O. Hanna, Vincent Galvin, Jr., Bowman and Brooke LLP, San Jose, CA, Craig Carpenito, Judith Anna Amorosa, Karl Geercken, Kristin Ann Meister, Matthew Carl Decker, Alston & Bird, LLP, New York, NY, Cari K. Dawson, Derin B. Dickerson, Kyle G.A. Wallace, Alston & Bird LLP, Andrew T. Bayman, King and Spalding LLP, Kara Kennedy, Scott Austin Elder, Alston & Bird, LLP, Harold E. Franklin, Jr., Atlanta, GA, Clem C. Trischler, James F. Marrion, Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Paula J. Allan, Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, Daniel W. Olivas, J. Randolph Bibb, Jr., Lewis, King, Krieg & Waldrop, P.C., Donna L. Roberts, Stephen H. Price, Stites & Harbison, PLLC, Nashville, TN, Gregory A. Harrison, Andrew R. Kwiatkowski, Jeffrey P. Hinebaugh, Dinsmore & Shohl, Chad Michael Sizemore, Jason A. Golden, Kelly Maria Carbetta Scandy, Kelly C. Scandy, Kimberly Vanover Riley, Montgomery Rennie & Jonson, Cincinnati, OH, James Karl Viehman, Hartline Dacus et al., Charles Glen Morris, Darren McCarty, Alston & Bird LLP, Dallas, TX, John D. Arya, Lisa Gilford, Rachel Aleeza Rappaport, Loeb & Loeb LLP, Roger A. Cerda, Stephanie Ann Jones, Alston & Bird LLP, James J. Yukevich, Raymond H. Hua, Alexander G. Calfo, Yukevich Calfo and Cavanaugh, Los Angeles, CA, Kathryn Ashley Meyers, Michael Ross Tein, Lewis Tein PL, Coconut Grove, FL, Mary Michelle Kranzow, William Francis Auther Bowman & Brooke LLP, Phoenix, AZ, Patrick Darrow Wilson, Edwin L. Lowther, Jr., Wright Lindsey and Jennings, Little Rock, AR, Paul J. Osowski, Nelson Mullins Riley & Scarborough, LLP, Charlotte, NC, Ross W. Johnson, Faegre & Benson LLP, Des Moines, IA, Steven A. McKelvey, William H. Latham, Nelson Mullins Riley & Scarborough LLP, Angela Gilbert Strickland, Pamela J. Roberts, Bowman & Brooke LLP, Columbia, SC, Todd E. Kennedy, Lionel, Sawyer & Collins, Greg W. Marsh, Law Offices of Greg W. Marsh, Todd E. Kennedy, Lionel, Sawyer & Collins, Las Vegas, NV, C. Brandon Wisoff, Douglas R. Young, Farella Braun and Martel LLP, San Francisco, CA, Bridget M. Ahmann, Demoya R. Gordon, Faegre & Benson LLP, Bard D. Borkon, Douglas L. Pfeifer, Bowman & Brooke LLP, Carrie L. Hund, Bassford Remele, PA, Minneapolis, MN, Charles A. Getto, McAnany, Van Cleave & Phillips, P.A., Holly P. Smith, Shook Hardy & Bacon LLP, Kansas City, MO, Colvin Gamble Norwood, Jr., Henri Wolbrette, III, Jose L. Barro, III, Mark N. Bodin, Patrick J. O’Cain, Lorraine Perkins Mclnnis, McGlinchey Stafford Lang, PLLC, New Orleans, LA; Dennis P. Ziemba, Edward A. Gray, Eckert Seamans Cherin & Mellott LLC, Philadelphia, PA, David L. Ayers, Todd Jefferson Hartley, Jennifer Ann Rogers, Watkins & Eager, David Lawrence Ayers, Jackson, MS, David T. Schaefer, Dinsmore & Shohl, Louisville, KY, De Martenson, Huie Fernambucq & Stewart LLP, Birmingham, AL, Joel A. Dewey, Kelly M. Marzullo, DLA Piper U.S. LLP, Baltimore, MD, Jonathan Hale Claydon, Jose A. Isasi, Jose Antonio Isasi II, Greenberg Traurig, LLP, Charles Scott Ofstein, Donohue Brown Mathewson & Smyth LLC, Gerald Geary, Pappas Hubbard O’Connor Fildes Secaras, PC, Jose Antonio Isasi, II, Greenberg Traurig, LLP, Mark Howard Boyle, Donohue Brown Mathewson & Smyth LLC, Chicago, IL, Karoline E. Jackson, Michael Rosiello, T. Joseph Wendt, Barnes & Thornburg LLP, Nicholas C. Pappas, Richelle M. Harris, Frost Brown Todd LLC, India-napolis IN, Lee A. Rosenthal, Dinsmore & Shohl, Lexington, KY, Ricardo L. Ortiz-Colon, Roberto A. Camara-Fuertes, Fiddler, Gonzalez & Rodriguez, San Juan, PR, Sarah C. McBride, Lewis, King, Krieg & Waldrop, P.C., Knoxville, TN, David J. Williams, Stoel Rives, Salt Lake City, UT, John A.K. Grunert, James M. Campbell, Campbell, Campbell, Edwards & Conroy, P.C., Boston, MA, John W. Knottnerus, Philip A. Rush, Martin Bischoff Templeton Langslet & Hoffman, Portland, OR, Regina M. Rodriguez, Faegre & Benson, LLP, Denver, CO, Robert L. Blank, Jared Smith, Rumberger, Kirk & Caldwell, PA, Tampa, FL, Steven Robert Kramer, Eckert, Seamans, Cherin & Mellott LLC, White Plains, NY, Thomas P. Branigan, Bowman & Brooke, Troy, MI, B. Timothy Durick, Pearce & Duriek, Bismarck, ND, Bruce S. Terlep, David J. Riski, Swanson, Martin & Bell, LLP, Lisle, IL, Gene R. Ward, Demars Hornblower Manning & Ward, Corpus Christi, TX, John B. Thorsness, Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC, Anchorage, AK, Jon Barry Waldorf, Mark W. Skanes, The Rose Law Firm, PLLC, Albany, NY, Julian G. Senior, O’Hagan Spencer, LLP, Manhattan Beach, CA, Nicholas Thomas Moraites, William Dean Ledoux, Jr., Eckert Seamans Cherin & Mellott LLC, Washington, DC, Sheree A. Kon-Herrera, Fukunaga Matayoshi Hershey Ching & Kop, Honolulu, HI, Tracy M. Jenks, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, NM, William E. Schaefer, Law Office of John P. Hendrzak, Center Valley, PA, for Defendants.

Charles Siller (represented by Frank Pitre of Cotchett, Pitre & McCarthy) prosecuted litigation which settled for $10 million cash and $20.5 million in property to be transferred to CWS Enterprises, Inc. (“CWS”), which Siller owns.

Later, Siller tried to renegotiate their contingent fee agreements. When Pitre and Co-Counsel declined to reduce their fees, Siller discharged them.

Pitre and Co-Counsel jointly demanded arbitration, and subsequently were awarded $9,150,437.90 and $2,497,325.07, respectively.

Mr Jim Wagstaffe of Kerr & Wagstaffe.  In the above, Mr Wagstaffe offers his students legal counsel on how to avoid a traffic ticket. Wagstaffe urged the students to deceive law enforcement personnel.  He stated: “Do what I do, put a CHP magazine in your car, so they think you are one of them.”

A state court confirmed the arbitration award and entered judgment against Siller/CWS, whereupon Siller/CWS, defiant, each sought protection under chapter 11 of the Bankruptcy Code.

Pitre and co-counsel both filed claims (“Pitre claim”). Siller in his own case, and David Flemmer (trustee for CWS) object to the Pitre Claim arguing it exceeds the “reasonable value” of the services rendered by Pitre and Co-Counsel.

Not so, argue Pitre and Co-Counsel. The reasonable value of the services rendered to Siller/CWS has already been adjudicated by a California court, and is therefore binding on the Bankruptcy Court pursuant to the Full Faith and Credit Clause and principles of Res Judicada and Collateral Estoppel.

Judge agrees with Siller and Flemmer, ruling that California law cannot trump the Bankruptcy Code per the Supremacy Clause.

With Civ Pro on his mind, Flemmer (represented by the Sacramento office of DLA Piper — former host of CaliforniaALL) invites James Wagstaffe to testify as an expert witness as to the “reasonable value” of the services rendered by Pitre and Co-Counsel.

See below press-release from law-firm originally known as Kause & Kerr.

As public service to the community, The Leslie Brodie Report publishes* a complaint filed with the Internal Revenue Service (“IRS”) against Orange County’s Nonprofit Investigative News Agency DBA Voice of OC, below:

Internal Revenue Service
Exempt Organizations Unit
1100 Commerce St.
Dallas, TX 75242-1198

Re: A referral for noncompliance with tax laws against exempt organization “Orange County’s Nonprofit Investigative News Agency” (dba “Voice of OC”):

PRELIMINARY STATEMENT:

In lieu of using IRS Form 13909 (Tax-Exempt Organization Referral Form), please consider this communication a formal complaint (referral) against an Orange County, California not-for-profit entity known as “Orange County Nonprofit Investigative News Agency,” which operates an online publication under the name “Voice of OC” (located at www.voiceofoc.org).

On September 1, 2011, Orange County’s Nonprofit Investigative News Agency and Voice of OC (collectively, “Voice of OC”) were duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1.) To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests within 30 days. As such, reluctantly, the undersigned makes this referral.

INTRODUCTION OF ACTORS:

1. Mr. Joe Dunn in his role as the creator of online publication “Voice of OC” – Orange County’s Nonprofit Investigative News Agency.

2. Mr. Joe Dunn in his role as Trustee of the UCI Foundation (an entity which obtained funds from a separate charitable entity known as CaliforniaALL (FEIN Number 51-0656213).

3. Mr. Joe Dunn in his role as Executive Director of the State Bar of California – an entity which also controls and maintains a foundation known as the California Bar Foundation. The California Bar Foundation very quietly transferred close to $780,000 to CaliforniaALL.

4. Mr. Joe Dunn in his role as a politician and business partner of Martha Escutia, who was involved in matters relating to utility companies operating in California.

5. Ms. Gwen Moore – a former Assembly member in the California legislature. Ms. Moore has “clout” over the CPUC and utility companies. Ms. Moore presently serves as a member of the State Bar of California Board of Governors; she has previously been the subject of an FBI sting operation.

6. Mr. Geoffrey Brown – a former commissioner with the CPUC and former board member of the California Bar Foundation. During his tenure as a board member of the California Bar Foundation, a hush-hush transfer of $780,000 was made to CaliforniaALL. Subsequent to this transfer, Mr. Brown abruptly quit his position as board member.

7. Mr. Thomas Girardi of Los Angeles-based law firm Girardi & Keese. Mr. Girardi helped Joe Dunn to establish the Voice of OC, and was a member of its board of directors. Recently, he abruptly quit that position. Mr. Girardi is a well-known donor to the Democratic Party and, in particular, to California Senator Barbara Boxer.

8. Mr. Howard Miller of Los Angeles-based law firm Girardi & Keese. Mr. Miller was a member of both the State Bar of California Board of Governors and the California Bar Foundation board of directors when the “hush-hush” transfer of $780,000 from California Bar Foundation to CaliforniaALL took place.

9. Mr. James Brosnahan of Morrison & Foerster – Mr. Brosnahan represents utility companies. He – along with Thomas Girardi – helped Mr. Joe Dunn create the Voice of OC, the subject of this complaint. Like Mr. Girardi, Mr. Brosnahan also served as member of Voice of OC’s board of directors, and recently also abruptly quit his position.

10. Ms. Susan Mac Cormac of Morrison & Foerster – Ms. Mac Cormac was part of the legal team that created the legal entity known as CaliforniaALL.

11. Mr. Victor Miramontes – a resident of San Antonio, TX and business partner of former HUD Secretary Henry Cisneros. Mr. Miramontes was the chairman of CaliforniaALL.

12. Ms. Ruthe Catolico Ashley – a former employee of McGeorge School of Law who later served as a “Diversity Officer” at CalPERS. Ms. Ashley also served as member of the State Bar of California Board of Governors, and came up with the idea to create CaliforniaALL during a meeting with Sarah Redfield and Peter Arth, Jr. (the assistant to CPUC President Michael Peevey). After CaliforniaALL came into existence, Ms. Ashley, after a simulated search, was selected to serve as CaliforniaALL’s executive director.

13. Ms. Sarah Redfield – a visiting professor at McGeorge School of Law and a member of the State Bar of California Committee. Ms. Redfield was chosen to serve as the “interim executive director” for CaliforniaALL, and later also allegedly served as a consultant to CaliforniaALL. For her services, Ms. Redfield was paid for the year of 2008 close to $160,000 as an “independent contractor.” Even though CaliforniaALL was housed pro bono at the law offices of DLA Piper in Sacramento, there is an entry on CaliforniaALL’s tax return for close to $16,000 for “occupancy.”

14. Ms. Judy Johnson – the former Executive Director of the State Bar of California. For the past 8 years, she has been secretly serving as the president of an entity with a misleading name (“California Consumer Protection Foundation”). This entity absorbed close to $30 million in class action cy pres awards, as well as fines and settlements imposed by the CPUC on utility companies. This entity forwarded those funds to mostly questionable ACORN-like entities. On its website, CCPF claims that it has available information on all grantees going back 10 years. Not so. The information is scattered and extremely difficult to ascertain. In fact, a whole year is missing (2002). During that year, incidentally, CCPF awarded funds to the real ACORN as well as to Eric Moore of Educate LA, who is presumably related to Gwen Moore. Ms. Johnson used her position as executive director of the State Bar of California (which is supposed to supervise and discipline lawyers) as “clout” to obtain cy pres awards from the settlement of class actions prosecuted and defended by countless law firms.

15. Mr. Jeffrey Bleich of Munger Tolles & Olson – presently the U.S. ambassador to Australia and a close friend of President Barack Obama. Mr. Bleich served as member of the BOG when CaliforniaALL was conceived. He is mentioned only in reference because Verizon Communications (which heavily contributed to CaliforniaALL) is a client of Munger Tules & Olson.

FACTUAL BACKGROUND:

In approximately 2007, Ruthe Catolico Ashley — an attorney from Sacramento and a member of the State Bar of California Board of Governors — was employed by CalPERS as a “Diversity Officer.” Prior to her employment with CalPERS, Ms. Ashley was employed as a diversity officer at McGeorge School of Law in Sacramento. While at McGeorge, Ms. Ashley met diversity expert Sarah Redfield.

In April 2007, Ashley, along with Sarah Redfield, met Peter Arth at a restaurant in San Francisco. During that meeting the idea to create CaliforniaALL was conceived. Eventually, CalPERS, CPUC, and the State Bar of California endorsed in principle the creation of CaliforniaALL – a Section 501(c)(3) entity that would raise funds to be used to support a more diverse workforce in California.

Papers were filed with both state and federal agencies to allow CaliforniaALL to operate as a tax exempt entity. Victor Miramontes listed himself as Chairman of the Board, and Sarah E. Redfield served as CaliforniaAll’s interim-executive director for a period of 6 months. Serving as CaliforniaALL’s legal counsel was Susan Mac Cormac of Morrison & Foerster.

California Attorney General RCT reflects that CaliforniaALL obtained its “Charity” status on March 14, 2008 (FEIN Number 510656213). The address for CaliforniaALL is listed as 400 Capitol Mall, Suite 2400, Sacramento, California. This is actually the address of DLA Piper, where CaliforniaALL resided pro bono.
In June 2008, after a “nationwide search” and aided by a pro bono head-hunting firm in its search for a permanent CEO, CaliforniaALL, not surprisingly, hired Ruthe Catolico Ashley as its chief executive officer.

Also not surprisingly, Ruthe Catolico Ashley abruptly exited CaliforniaALL in September 2009 – the same month Joe Dunn launched his non-profit online publication “Voice of OC.”

CaliforniaALL was abruptly dissolved in June 2010.

CaliforniaALL’s 990 returns for 2008 list Sarah Redfield of Orono, Maine as an “independent contractor.” Her job description is listed as “Program Director.” and she was paid $157,763. It is unknown to the undersigned whether Redfield paid self-employment taxes or any other applicable state income taxes, either in California or Maine. (Incidentally, Redfield falsely states on her resume that she was part of a “curriculum committee” with SAL-UCI, an entity associated with UCI and the UCI Foundation where CaliforniaALL forwarded funds. In addition, Redfield falsely stated that she “launched” SAL-UCI, an entity that was already in existence from 2005.)

In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million from utility companies (AT&T, PG&E, Verizon, Sempra), including a sub rosa “hush-hush” contribution of $769,247 from the State Bar of California Foundation.

To date, data collected by the undersigned shows that CaliforniaALL (which was supposed to forward most of those funds) transferred between $300,000 to $400,000 to the UCI Foundation (where Joe Dunn serves as trustee), spent an unknown amount to honor Gwen Moore at a lavish dinner held at a luxury hotel in Sacramento, paid for other incidental expenses such as salaries, and subsequent to moving out from the offices of DLA Piper to a more modest location , paid for a UPS Store mail box slot in Citrus Heights. (Later, CaliforniaALL relocated its base to the loft of one Larrisa Parecki in Sacramento.)

Between 2001 and 2007, Geoffrey Brown served as a Commissioner with the CPUC. From 2006 to 2009, Brown served as a director of the State Bar of California Foundation. In 2008, California Bar Foundation quietly transferred $769,247.00 to CaliforniaALL. CaliforniaALL never acknowledged receipt of the $769,247.00 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.

Several months ago, the undersigned asked the State Bar of California Board of Governors to examine the suspicious circumstances surrounding CaliforniaALL (i.e. the hush hush transfer, etc.). While simply presenting facts similar to the above, Geoffrey Brown immediately, as though bitten by a snake, threatened to file legal action against the undersigned even though the communication with the BOG was absolutely privileged and justified, and only made mention of Brown in passing.

The undersigned has met Brown casually once or twice, and was highly impressed with his modest and genteel nature. A group conversation transpired and Brown immediately, without even being asked, volunteered to help and assist. This however, can and will not serve to bar the mentioning of his name as part of the overall description of events (such as in this communication). Such tactics would be unfair to the other individuals and the proper administration of justice. Nevertheless, it should be noted that the undersigned possesses not even a scintilla of evidence that demonstrating that Brown somehow pocketed any money unlawfully or engaged in any other unlawful activities, other than the convenient circumstances described above.

Due to unsettling circumstances involving the State Bar of California (such as the highly secretive control of CCPF by Judy Johnson, the refusal of the State Bar of California to disclose amounts it transfers to Bet Tzedek, a Los Angeles-based entity, the amounts it obtains from “voluntary contributions,” and, in particular, circumstances surrounding CaliforniaALL, Joe Dunn, and the Voice of OC), the undersigned asked Voice of OC to produce its tax returns for the past 3 years.

Specifically, the following circumstances surrounding Voice of OC have caused concerns:

1. Senator Martha Escutia, Chair of the Senate Committee on Energy, Utilities and Communications (EU&C) also participated in meetings with the CPUC concerning diversity. She is a founding member of The Senators (Ret.) firm, LLP, as is Joe Dunn.

2. The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $769,247.00 from the Cal Bar Foundation to CaliforniaALL, were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – on one hand Morrison & Foerster’s Susan Mac Cormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation, as well as BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. On the other hand Morrison &Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi as part of helping Joe Dunn with the establishment of Voice of OC.

3. CaliforniaALL was to transfer funds forward. It did so by awarding approximately $300,000 in grants to the UCI Foundation, where Joe Dunn serves as trustee and chair of the Audit Committee. It appears that CaliforniaALL preselected UCI Foundation, making a prior simulated request for proposal (RFP) by Sarah Redfield that led to the grant – a sham process.

4. In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That same month, Joe Dunn publicly launched his online publication, “Voice of OC.” (as though Ashley’s mission had been completed).

5. The recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” (as though they were fleeing the scene with guilty consciences).

As such, several months ago, on September 1, 2011, the Voice of OC was duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1 attached) Additionally, said request was delivered to Joe Dunn.

To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests. As such, reluctantly, the undersigned filed this complaint.

As such, I urge you to investigate this matter to determine whether Voice of OC who ignored the request to produce said tax returns violated IRS rules and regulations. I ask that you impose appropriate sanctions against any and all involved, if supported by the results of your investigation.

I look forward to your response. Please feel free to contact me if you have any questions or need additional information.

*Links and photos inserted by The Leslie Brodie Report.

Demeter Energy, a start-up bio-fuel energy company, has filed a legal malpractice action claiming more than $600 million in damages against Los Angeles-based law firm Girardi & Keese and named partner Thomas Girardi.

As was first reported by Alison Frankel of ThomsonReuters:

“Demeter hired the famous Los Angeles plaintiffs’ shop Girardi Keese to bring a malpractice suit against DLA. According to Demeter’s new suit, Girardi drafted a proposed complaint asserting that DLA’s actions had damaged Demeter to the tune of $600 million. Girardi even sent the draft to DLA, allegedly with the hope of beginning settlement discussions. But when DLA refused to talk, Girardi supposedly failed to get Demeter’s malpractice suit filed before the one-year statute of limitations had expired – even though Demeter allegedly sent Girardi panicked emails about time running out.”

Eventually, once the suit was filed by Girardi & Keese against DLA Piper in the San Francisco Superior Court, a judge dismissed most of the allegations, stating that they run afoul of the statute of limitations.

Citing professional negligence on the part of Girardi & Keese, Demeter filed a legal malpractice action against that firm in Los Angeles Superior Court. Hermosa Beach-based Eric Maier of Maier & Shoch represents Demeter in the action against Girardi & Keese.

According to Alison Frankel, Mr. Girardi admitted that Demeter did not have a viable case against DLA Piper, and that Girardi only filed the complaint that was subsequently tossed out because of pressure from his client (Demeter). Ms. Frankel reports that Thomas Girardi stated: “We investigated and could find absolutely nothing this guy [the former DLA partner] did wrong.”

It is unclear whether Mr. Girardi further elaborated to Ms. Frankel about the reasons his firm nevertheless filed the suit against DLA Piper in San Francisco Superior Court if it lacked any factual basis, or whether his statements to Ms. Frankel were merely an attempt to shift blame to the victim.

Separately, and somewhat ironically, the Los Angeles Times reports that Thomas Girardi expressed outrage after an attorney for the Los Angeles Dodgers suggested Mr. Stow may be found partly to blame for the beating that left him in a coma. Mr. Girardi stated: “Oh, so here it is, let’s blame the innocent guy for the lack of security at Dodger Stadium…McCourt’s taken millions out of the Dodgers and he and his attorneys know the end is near.”

Interestingly, both Girardi & Keese and DLA Piper were subjects of our extensive coverage in connection with sham charity CaliforniaALL.

The Sacramento based McGeorge School of Law as well Dean Elizabeth Parker are under extreme scrutiny in matters relating to CaliforniaALL, The Leslie Brodie Report has learned.

CaliforniaALL, a 501(c)(3) charitable entity, was the brainchild of Ruthe Ashley (a Diversity Officer at CalPERS and Vice-President of the State Bar of California), Visiting Professor Sarah E. Redfield,  and Peter Arth Jr., Chief of Staff to CPUC President Michael Peevey.

In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million from utility companies (AT&T, PG&E, Verizon, Sempra), including a sub-rosa contribution of $769,247.00 from the State Bar of California Foundation (DBA California Bar Foundation.)

CaliforniaALL was housed at the Sacramento offices of DLA Piper (where Mr. Gilles Attia serves as the managing partner) and was abruptly dissolved in June of 2010.

Sources with knowledge of the investigation, speaking on condition of anonymity, maintain a red flag has been raised over the law school and its dean due to the overall circumstances surrounding Ruthe Ashley, Sarah Redfield, Robert Hawley, and Gilles Attia.  All past or present employees of the McGeorge School of Law.

“As the main wrongdoers were already identified, the inquiry is being conducted nonetheless due to the high number of actors with connection to the school,” a source stated. 

 ”Issues such as respondent superior, or whether or not some of the actors acted within the course and scope of their employment must be examined,” the source continued.

“As both McGeorge School of Law and the University of New Hempshire School of Law gained financially from the efforts and reputation of Professor Redfield, they must forfeit any gain if any unlawful conduct took place,” the source concluded.

The Sacramento based McGeorge School of Law as well Dean Elizabeth Parker are under extreme scrutiny in matters relating to CaliforniaALL, The Leslie Brodie Report has learned.

CaliforniaALL, a 501(c)(3) charitable entity, was the brainchild of Ruthe Ashley (a Diversity Officer at CalPERS and Vice-President of the State Bar of California), Visiting Professor Sarah E. Redfield,  and Peter Arth Jr., Chief of Staff to CPUC President Michael Peevey.

In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million from utility companies (AT&T, PG&E, Verizon, Sempra), including a sub-rosa contribution of $769,247.00 from the State Bar of California Foundation (DBA California Bar Foundation.)

CaliforniaALL was housed at the Sacramento offices of DLA Piper (where Mr. Gilles Attia serves as the managing partner) and was abruptly dissolved in June of 2010.

Sources with knowledge of the investigation, speaking on condition of anonymity, maintain a red flag has been raised over the law school and its dean due to the overall circumstances surrounding Ruthe Ashley, Sarah Redfield, Robert Hawley, and Gilles Attia.  All past or present employees of the McGeorge School of Law.

“As the main wrongdoers were already indetified, the inquiry is being conducted nontheless due to the high number of actors with connection to the school,” a source stated. 

 “Issues such as respondeant superior, or whether or not some of the actors acted within the course and scope of their employment must be examined,” the source continued.

“As both McGeorge School of Law and the University of New Hempshire School of Law gained financialy from the efforts and reputation of Professor Redfield, they must forfiet any gain if any unlawful conduct took place,” the source concluded.

For further reading concering CaliforniaALL, please visit:

http://lesliebrodie.blog.co.uk/2011/03/15/californiaall-part-8-unh-law-profes…

http://lesliebrodie.blog.co.uk/2011/07/23/californiaall-part-16-tlr-denies-a-…

http://lesliebrodie.blog.co.uk/2011/07/20/californiaall-part-15-ex-san-franci…

http://lesliebrodie.blog.co.uk/2011/05/18/leslie-hatamiya-california-bar-foun…

A long-standing involvement with an entity which cater exclusively to Asian-American has led to a complaint being filed against California Supreme Court Associate Justice Ming W. Chin.

The ethics complaint, filed with the California Commission on Judicial Performance, alleges that Chin’s involvement with the Center for Asian Americans United for Self Empowerment (CAUSE) is prohibitive due to CAUSE’s invidious discrimination against those who are non Asian-American.

As such, the complaint alleges, Associate Justice Chin must be disciplined as “Canon 2 (C) of the Judicial Ethics Canon specifically prohibits judges from holding positions in any organization that practice invidious discrimination based on race, sex, religion, and the like.”

The complaint further alleges that the associate justice must be disciplined due to CAUSE involvement in the political-process, conduct that Chin is otherwise prohibited in engaging in pursuant to Canon 5 as well as the fact that Chin intentionally hid his involvement with CAUSE.

Associate Justice Ming W. Chin. (photo:courtesy)

The complaint alleges Associate-Justice Chin’s clandestine nature and undisclosed involvement is troubling based on the fact that James Hsu, who is CAUSE’s treasurer as well as a board member of a (now defunct) sham charitable entity known as CaliforniaALL as matters relating to CaliforniaALL would soon be considered by the California Supreme Court.

According to the complaint, several months ago, records were sought pertaining to CaliforniaALL from the California Bar Foundation as well as from the State Bar of California to no avail. As such, and based on the blatant refusal to produce these records, a petition for relief will shortly be filed with the California Supreme Court seeking an order to compel the State Bar and its Foundation to make these public records available, and without a “fortuitous discovery ” Petitioner would not have known that Justice Chin and Hsu are involved with CAUSE as to seek the recusal of Justice Chin in matters relating to CaliforniaALL.

Similarly, the complaint alludes to  a State Bar of California petition in the matter of Sander vs. State Bar of California which is currently pending before the California Supreme Court.  In that case, the State Bar seeks review of a decision that established a common law right of access to data concerning minorities which the State Bar possesses.  Hence, the complaint alleges, there is an impression that Justice Chin may exercise his power in such a way which would benefit minorities, much like his involvement with CAUSE conclusively establishes that he stands united with APIA and otherwise wishes self-improvement for APIA more so than he does for the population as a whole.

As a public service to the community, we shall publish the complaint, below:

In lieu of using a form complaint, this communication serves as an official judicial misconduct complaint against California Supreme Court Associate Justice Ming W. Chin.

Secretly, and without making his involvement public, Justice Chin has been and is involved with a questionable outfit in the role of “advisory counsel.” The organization at issue is known as the “CENTER FOR ASIAN-AMERICANS UNITED FOR SELF IMPROVEMENT” ( in short “CAUSE”), an entity designed to empower exclusively Asian-Americans in the political arena and otherwise. (See attachment 1.)  

CAUSE defines itself as “A Community Based Organization with a Mission to Advance the Political Empowerment of the Asian Pacific Islander American Community (‘APIA’) Through Voter Registration and Education, Community Outreach and Leadership Development.”  

In practicality, however, CAUSE also serves as a lobbying group for APIA causes and, in fact, recently petitioned the California Citizens Redistricting Commission seeking modifications to various gerrymandering boundaries for Congressional, Senate, and Assembly Districts. In addition, CAUSE perpetuates job discrimination through its internship program, by which only APIA members are selected for internships in local, state, and federal government.  

However, Associate Justice Chin’s official biography, as posted on the California Supreme Court’s website, makes no mention of the fact that he is a member of CAUSE’s Advisory Council. Likewise, nowhere else on the California Supreme Court website is there any reference to the fact that Justice Chin has been advising CAUSE, nor it is possible for the public to ascertain the amount and type of legal (or otherwise) advise Justice Chin has been purveying for CAUSE, and for how long.

As will be shown below, as well as in future complaints, there is more than meets the eye here; however, to start with and only based on the above, the undersigned hereby alleges that Justice Chin violated multiple canons of judicial ethics and otherwise engaged in grave misconduct, to wit:  

1. Canon 2 (C) of the Judicial Ethics Canon specifically prohibits judges from holding positions in any organization that practice invidious discrimination based on race, sex, religion, and the like. Justice Ming clearly violated this canon and, as such, must be disciplined.  

As a Justice of the California Supreme Court, Justice Ming should strive to empower all Californians and Americans, and not just those who fit into a certain racial group (i.e., his own). By doing so through his involvement with CAUSE — an entity which caters exclusively to APIA — Justice Chin has eroded the public’s trust in the judiciary. If Justice Chin possesses an overwhelming desire to benefit his own racial group, he should relinquish his position as a California Supreme Court Justice, and join one of undoubtedly many organizations that would surely find his services useful. By aligning himself with a group of Asian-Americans who are “United” for “self improvement,” doubts exists as to the impartiality and loyalty of Justice Chin, as well as the appearance of impartiality and whether he is capable of fair and unbiased trial conduct and decisions.

There is absolutely no justifiable reason for CAUSE to not extend its services and programs to non-APIA members, other than its own capricious desire to exclude other races from receiving its benefits. Hence, CAUSE’s practices are invidious.  

While the undersigned concedes that the APIA community was subjected to animosity in the past (from all levels of government as well as discrimination by private groups and individuals), the present situation does not justify such corrective action. Generally speaking, APIA members are, on average, members of a higher income bracket than the average American, and are otherwise over-represented in professional schools and professions, which is, of course, a positive. However, for Justice Chin to lend the prestige of his office to a group whole sole existence is predicated on its racial discrimination is misconduct on his part. Hence, Justice Chin’s involvement with CAUSE and his knowing approval of invidious discrimination on the basis of race gives the appearance of impropriety, and undermines and diminishes public confidence in the integrity and impartiality of the judiciary. This is particularly true if the matters before Justice Chin involve an APIA party or a matter which would affect APIA.  

For example, a State Bar of California petition in the matter of Sander vs. State Bar of California is currently pending before the California Supreme Court. In that case, the State Bar seeks review of a decision that established a common law right of access to data concerning minorities which the State Bar possesses. Hence, there is an impression that Justice Chin may exercise his power in such a way which would benefit minorities, much like his involvement with CAUSE conclusively establishes that he stands united with APIA and otherwise wishes self-improvement for APIA more so than he does for the population as a whole.  

In contrast, if Justice Chin was instead involved with an entity dedicated solely to the preservation of ethnic or cultural values of Chinese-Americans (i.e. a historical society, library, or museum, for example), such involvement would not be at all problematic even though it would also be dedicated exclusively to APIA matters because prohibited discrimination would not be involved, and as such, no invidious discrimination would exist under such facts.  

2. One of CAUSE’s purposes is to encourage Asian-Americans to register for voting. This creates the impression that Justice Chin is involved in the political process, conduct that he is otherwise prohibited in engaging in pursuant to Canon 5. The involvement of Justice Chin — an elected official — with an entity whose purpose is to register APIA members to vote creates the impression that Justice Chin chose to be involved with CAUSE hoping those individuals who were registered to vote cast a vote in the last election in favor of him, especially if they, like him, possess the same overwhelming desire to benefit member of their own race.  

In addition, and as stated above, at times CAUSE engages in lobbying and political activities, as was the case when it sent a letter to the California Citizens Redistricting Commission . As such, CAUSE’s political activities serve as further evidence that Justice Chin has violated Canon 5 and should be disciplined.  

Moreover, Justice Chin should be disciplined for creating the impression that he practices law which, as a sitting judge, he is prohibited from doing. As stated above, Justice Chin is a member of CAUSE’s advisory council, and it is reasonable to believe that he provided legal advice to CAUSE in that capacity, even without any direct evidence of such activities.  

3. An additional act of misconduct arises from the clandestine nature and undisclosed involvement of Justice Chin with CAUSE, given that such activities are prejudicial to the administration of justice because the lack of disclosure places litigants and parties at a disadvantage. Knowing that his actions are questionable, Justice Chin intentionally,willfully, and recklessly ensured that his involvement with CAUSE does not appear on his profile listed with the California Supreme Court, a clear act of moral turpitude, dishonesty, and corruption designed to mislead and defraud Californians in general, and parties and litigants who appear before the California Supreme Court. By doing so, Justice Chin violated Canon 1, and otherwise eroded the public’s trust in the judiciary; such conduct also begs the question, which organizations is Justice Chin involved with that he has failed to disclose? Justice Chin should be disciplined for not making his involvement with CAUSE known to the public because such information should not be left for interested parties to unearth through their own efforts.  

Just in the past few years, there were countless cases before the California Supreme Court in which parties and their attorneys would have benefited from the disclosure, and potentially would have moved to disqualify Justice Chin had they been made aware of his involvement with CAUSE. Also, cases involving some of the entities which make financial contributions to CAUSE (common carriers and utility companies, for example) would have benefited from such a disclosure as, without a doubt, the common carriers and utility companies which donated to CAUSE expect something in return.

4. In addition to the above-described troubling circumstances surrounding Justice Chin’s involvement and lack of disclosure with respect to CAUSE, the following problematic factors should also be considered: 1) the enmeshment of APIA entities with the CPUC and utility companies, from which millions of dollars were extracted to benefit APIA causes; and, 2) Justice Chin’s relationship with James Hsu, who is CAUSE’s treasurer as well as a board member of a (now defunct) sham charitable entity known as CaliforniaALL.  

Note that matters relating to the CPUC, utility companies and the enmeshment with APIA entities will be the subject of a separate complaint against Justice Chin and others in connection with an entity known as the “California Consumer Protection Foundation” (“CCPF”), which has been secretly controlled for the last 7-8 years by State Bar Executive Director Emeritus Judy Johnson. CCPF obtained, with the help of Judy Johnson and the State Bar of California, close to $30 million from class action cy pres awards and settlement and fines imposed by the CPUC on utility companies. CCPF forwarded close to $25 million of those funds to minority communities such as “Philipinos for Affirmative Action,” “Little Tokyo Service Center,” the “Asian Law Caucus” and other questionable ACORN-like entities.  

Justice Chin knew of the scheme quietly perpetrated by his confederates Judy Johnson, Stewart Kwoh, Beth Jay, Holly Fujie, Geoffrey Brown, and the State Bar of California (which, not surprisingly, became an extension of the CPUC and individuals with related backgrounds, such as Gwen Moore (present member of State Bar Board of Governors ), Peter Arth (former member of the Access Council of Access and Fairness), Geoffrey Brown (former board member of the Foundation of the State Bar of California), and Joe Dunn (presently executive director of the State Bar with connections to the CPUC via his law partner, Marta Escutia).  

As relates to CaliforniaALL, a few years ago Ruthe Catolico Ashley was employed at CalPERS as a diversity officer and also served as a member of the Board of Governors of the State Bar of California. Ashley — with the direct and indirect help of Buchalter Nemer’s Holly Fujie, Girardi & Keese’s Howard Miller, and others — bamboozled the State Bar, CalPERS, the CPUC, and the Department of Insurance into endorsing the proposition known as CaliforniaALL. To further the plan, and along with her friend Ms. Sarah Redfield, Ashley convinced the State Bar of California, CPUC, Department of Insurance, and her employer (CalPERS) to enter into a partnership, the purpose of which would be to create a Section 501(c)(3) charity that Ashley would later lead as CEO and president, and that would absorb contributions from utility companies as well as serve as a vehicle to misappropriate $780,000 from the State Bar of California Foundation (dba California Bar Foundation), an entity which is under the complete control of the State Bar of California Board of Governors.  

In addition to the unlawful transfer of $780,000, the State Bar of California Board of Governors, through the productive efforts of Holly Fujie, nominated James Hsu to CaliforniaALL’s board of directors, a role in which he served from the day the entity was created to the day it was dissolved.  

Even though the transfer of the close to $780,000 from Cal Bar Foundation to CaliforniaALL was the largest ever in the Foundation’s history, it was never publicly acknowledged by CaliforniaALL in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.  

CaliforniaALL collected close to $2 million from utility companies (i.e. Verizon Wireless, Sempra, etc, including the aforementioned sub rosa transfer of $780,000 from the California Bar Foundation, and was dissolved in or about 2010. Based on present calculations, CaliforniaALL only forwarded $300,000 of the donations it received to the UCI Foundation (where Joe Dunn serves as trustee and chair of the audit committee and a trustee), and paid various expenses (i.e., a salary to Ruthe Ashley and other incidental expenses). At least based on the undersigned calculations, and estimated $700,000 – $800,000 remains unaccounted for.  

In addition, tax returns and statements made to the IRS show that CaliforniaALL claimed that in 2008 it paid rent in the amount of close to $16,000; in actuality, CaliforniaALL was housed rent-free at the Sacramento office of DLA Piper for an extended period of time.  

Circumstantial evidence concerning CaliforniaALL, as well as the involvement of the same people and entities, has caused the undersigned to entertain the suspicion that some of the money misappropriated from the California Bar Foundation ended up financing the launch of an online news magazine established by Joe Dunn known as Voice of OC. [Specifically, for the CalBar Foundation/CaliforniaALL Girardi & Keese’s Howard Miller and Morrison & Foerster’s Susan Mac Cormac (who legally created CaliforniaALL) were involved; on the side of Voice of OC were Girardi & Keese’s Thomas Girardi, Morrison & Foerster’s James Brosnahan, and the present Executive Director of the State Bar who launched the Voice of OC in September 2009 — Joe Dunn.  

Several months ago, the undersigned sought records pertaining to CaliforniaALL from the California Bar Foundation as well as from the State Bar of California to no avail. As such, and based on the blatant refusal to produce these records, a petition for relief will shortly be filed with the California Supreme Court seeking an order to compel the State Bar and its Foundation to make these public records available.  

James Hsu was a CaliforniaALL board member, as well as a past and present treasurer of CAUSE. These facts give credence to the argument that it was important for Justice Chin to have made his involvement with CAUSE public; simply stated, without the fortuitous discovery of this information, Petitioner would not have known that Justice Chin and Hsu are involved with CAUSE. Hence, discipline must be imposed on Justice Chin for failing to disclose his involvement with CAUSE in general and, more specifically, for his attempt to subvert justice as part of a grander scheme to support the transfer of millions of dollars from utility companies to APIA related causes.  

If Justice Chin were serving as a Superior Court judge, the undersigned would have asked to have him admonished or reprimanded. However, as a justice of the California Supreme Court, Justice Chin is held to a higher standard, and even a reprimand will render him morally unqualified to serve in that role. As such, if the Office of Judicial Performance imposes any discipline on Justice Chin — no matter how slight — it logically follows that Justice Chin should be removed from his position as Associate Justice of the California Supreme Court because it would be inappropriate for him to continue to serve in that capacity.  

Thank you for you time and attention to this matter.

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Dear Ms. Attia:

We are writing to advise that we are declining your request that we remove your and your father’s names from our publications. Please observe that, rather than contacting you directly, our response is being delivered publicly, here and now.

Also, please observe that we find you, along with the assertions made in your communication, to be wholly unreliable and not credible, and otherwise an attempt to deceive, as follows:

1. You state, “either engage me in a dialogue to reveal why you would list my father and I as ‘people of interest,’ when I know this is not true, so that we at least have the opportunity to dispute your tarnishing of our reputations, and our genuine character – please take this email as a gesture of mine to remove our names from your blog.” Your allegation is false. We have never referred to you and your father as “people of interest.” The term “people of interest” does not appear and has never appeared in any of our publications, and is othrwise lacking any legal meaning.

Thus, you have intentionally misrepresented what we wrote, and knowingly relied on your own misrepresentation to claim that we have written something you claim you know “is not true.”

2. We find not credible your assertions that, “I got the job because Ruthe Ashley had been the career director at McGeorge, where I went to law school,” and “I got this contract with CalALL through McGeorge’s affiliation with Ruthe Ashley because she was a career counselor there, and my father a professor of law at McGeorge.”

As CaliforniaALL was housed at the Sacramento office of DLA Piper – where your father, Gilles Attia, serves as managing partner – we find disingenuous your claim that you obtained your contract with CaliforniaALL through the means described by you; rather, it appears you are attempting to intentionally carve out any involvement by your father in his role as the managing partner of DLA Piper –and DLA Piper –whose offices CaliforniaALL was housed. 

3. Additionally, your assertion that, “I planned a symposium at UCI with a large agenda, and I worked very hard for the job I was hired for,” is also suspect. You also worked in planning a gala to honor Gwen Moore, as shown in a press release you issued dated September 2009.  You clearly try to minimize your involvement.

Also, your claim “I graduated law school in 2009 and was hired by the organization, CaliforniaALL, that you have written about to develop a symposium for a grant they received. I only worked as an indepedent contractor with CalALL ,and for 3 months. My salary was limited to this assignment, and I got the job because Ruthe Ashley had been the career director at McGeorge, where I went to law school” is also not credible.  You were hired by CaliforniaALL at around August of 2009, issued a press release on September 1, 2009, planned and participated an event held at the Irvine Marriot on February of 2010.    That is close to 6 months, and not “3 months” as you claimed. You clearly try to minimize your involvement.

The fact of the matter is that issues relating to CaliforniaALL are of extreme importance to us, as well as our readers, because CaliforniaALL (albeit a sham charity) was the product of a partnership between four state agencies (CalPERS, CPUC, State Bar of California, and the Department of Insurance).   While we are free to write about any topic, matters relating to CaliforniaALL fall squarely within TLR’s originally-stated purpose, which is to expose corruption in connection with the “60 Days Suspension Scandal,” wherein a lawyer with a prior criminal history engaged in a pogrom in a San Francisco synagogue, yet was only suspended for 60 days due to his political connections within the Democratic party, and courtesy of Judy Johnson, Mike Nisperos, and JoAnn Remke.

As we made clear, and as has became more evident over time, as with the “60 Days Suspension Scandal,” matters relating to CaliforniaALL reflect the same pattern of operations in which some play fast and loose under the guise of diversity with matters relating to justice, while causing injury to the rights of others.

Matters relating to Gwen Moore, Mike Davis, as well as your father client, Cooper Lee and his companies, are of interest to us as they are public concerns, and we shall therefore explore those issues.

We suspect that while representing clients in the Wi-Fi-Broadband industry, DLA Piper might have needed clout with governmental entities, and either Gwen Moore or Mike Davis volunteered their services. This would explain DLA Piper’s willingness to house CaliforniaALL “pro bono,” as well yours and CaliforniaALL zeal to honor Gwen Moore, who has “clout” with the CPUC.

Also please observe that your request to remove your name is too broad a form of relief. It would have been more reasonable for you to ask us to correct or remove certain factual allegations which you could demonstrate are untrue. You did not do this, nor do you support your request by any specific factual or legal authorities. Instead, you only made a general claim that you “know” such allegations are not true.

Thank you for contacting TLR. Please direct any further communications, if any, to lesliebrodie@gmx.com.

From left: Dr. Stephanie Reyes-Tuccio — Director of Center for Educational Partnerships at U.C. Irvine; Katherine Bihr — Vice President & Executive Director, Tiger Woods Learning Center; and Ms. Sarah Attia. The above photo was taken during a Saturday Law Academy event sponsored by CaliforniaALL. (Photo:courtesy of SALUCI)

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between Ruthe Ashley (a Diversity Officer at CalPERS and Vice President of the State Bar of California) and Peter Arth, Jr., Chief of Staff to CPUC President Michael Peevey. Also present at that meeting was Professor Sarah E. Redfield. In its brief existence from January 2008 to July 2010, CaliforniaALL collected close to $2 million from various utility companies (AT&T, PG&E, Verizon, Sempra).

In addition, in 2008 CaliforniaALL obtained a sub rosa contribution of $769,247 from the State Bar of California Foundation (dba California Bar Foundation). Other than in Foundation tax records and a 2 by 2 inch blurb in its 2008 annual report, the sub rosa contribution was never mentioned again – not by the State Bar of California, not in the Cal Bar Journal, not in the Foundation’s “newsroom,” and not by any publication published by CaliforniaALL. CaliforniaALL was abruptly dissolved in July 2010.

According to confidential sources, the multi-prong investigation regarding these matters continues to expand, and encompasses broader inquiries than had been acknowledged until now to The Leslie Brodie Report. A source maintains that one aspect of the inquiry, which had been acknowledged to The Leslie Brodie Report, involves 3 subparts:

1) Circumstances surrounding events relating to the CPUC and its enmeshment with the State Bar of California vis-à-vis Geoffrey Brown, Peter Arth, California Consumer Protection Foundation’s Judy Johnson, Verizon Wireless, UCI, and Munger Tolles & Olson’s Jeffrey Bleich.

2) Circumstances surrounding actions taken by CaliforniaALL and Ruthe Ashley – specifically, an accounting as to the whereabouts of $1.8 million.

3) Circumstances surrounding the sub rosa transfer of $769,247 from the State Bar of California Foundation to CaliforniaALL. Moreover, and according to a source who was not authorized to speak publicly about the situation, at this time of year with the deadline looming for Section 501(c)(3) entities to file IRS returns, events and transactions are monitored very closely. According to the source, transactions surrounding the UCI Foundation are being monitored.

DLA Piper’s Gilles Attia

CaliforniaALL was based in the Sacramento office of DLA Piper, 400 Capitol Mall, Suite 2400, Sacramento, California 95814. The managing partner of DLA Piper’s Sacramento Office is Mr. Gilles Attia.

On January 27, 2009 DLA Piper’s Gilles Attia and the Office of Assembly-member Mike Davis co-hosted a reception honoring California ALL at the Tsakopoulos Galleria in Sacramento. Bottom (left to right): Ruthe Ashley; Judge Morrison England and Mrs. Torie Flournoy-England; Ruthe Ashley, Gilles Attia, News 10 Presenter Sharon Ito, and Assembly-member Mike Davis. Top right is Karina Hamilton. Mike Davis, an ally of former assembly-member Gwen Moore and Karen Bass, is the vice-chair of the Legislative Black Caucus, member of the Assembly Committee on Utilities and Commerce, and the Chair of the California Assembly “Select Committee on Rail Transportation.” DLA Piper’s Gilles Attia is the corporate counsel of Wireless Rail Network (Wi-Fi Rail)– a high-speed broadband wireless provider with specific focus on commuter rail lines and WiFi on trains. Around 2008, Wi-Fi Rail was in negotiation with BART (Bay Area Rapid Transit) to provide lightning-fast Internet connections for thousands of daily commuters. (Photo:courtesy)

In its publication, CaliforniaALL thanked DLA Piper for providing pro bono space in its Sacramento office. Yet, CaliforniaALL’s tax return , signed by Ruthe Ashley, lists an expense of $16,457 for “occupancy” during the period CaliforniaALL was housed at DLA Piper’s offices. (See two images, below.)

Sarah Attia — In Her Own Words

Recently, Ms. Sarah Attia, a consultant for CaliforniaALL and the daughter of DLA Piper managing partner Gilles Attia, wrote to us. We shall publish the letter in its entirety, below:

Leslie, Hello,

I am an attorney who now lives in NYC, but was recently living in Sacramento, CA.

I graduated law school in 2009 and was hired by the organization, CaliforniaALL, that you have written about to develop a symposium for a grant they received. I only worked as an indepedent contractor with CalALL ,and for 3 months. My salary was limited to this assignment, and I got the job because Ruthe Ashley had been the career director at McGeorge, where I went to law school.

My dad, Gilles, is an attorney at DLA, who housed CalALL as part of their probono program for non-profits. CalALL did not pay his firm any rent, nor did my dad or anyone from DLA ever see or contribute any money to CalALL.

I am writing to you not because I have any information or defense of Ruthe Ashley. Truthfully, the allegations you make are a total surprise to me, and I have no knowledge of the organization of CalALL. I am however deeply concerned and troubled by your mention of my father and I in your blog. I say this mainly because he and I are people of integrity, who care deeply for doing the “right” thing.

I have traveled to 35 countries and worked as an international journalist in order to help issues surrounding unethical adoptions, poverty, and other ethical dilemmas. Before going to law school, I studied philosophy and taught high school in south central Los Angeles,and taught yoga. I am in the process of interviewing for my dream job in NY, where I just moved and am trying to take the bar in July, and really begin my career.

To have a blog online that taints my reputation, when I know that such an allegation of being a “person of interest,” is not accurate, is a deep injustice, and highly unethical. We live in a culture where, at the click of a mouse, people can attempt to uncover all sorts of information about others. Some of it is true, a lot of it is not.

You have written a lengthy blog disparaging many people. It is no interest of mine if you choose to post information that you know to be true, however, to post comments about people that are not true, and to which you have no information to list me or my father as such, is simply a deeply profound ethical breach, and terrible misuse of the internet.

As someone who touts being ethical and writes such information for the world to see, attempting to uncover truth, I implore you to take one of two actions: – either engage me in a dialogue to reveal why you would list my father and I as “people of interest,” when I know this is not true, so that we at least have the opportunity to dispute your tarnishing of our reputations, and our genuine character. – please take this email as a gesture of mine to remove our names from your blog so that our professional careers are not further corrupted by these unjust, and unwarranted comments.

I appreciate what you are attempting to do for society, but please realize that your words have hurt my dad and I. Whatever Ruthe Ashley did, or did not do, is of no relation to the hard work and ethical behavior of me or my dad. I got the short-term contract for very little pay, and I planned a symposium at UCI with a large agenda, and I worked very hard for the job I was hired for. I got this contract with CalALL through McGeorge’s affiliation with Ruthe Ashley because she was a career counselor there, and my father a professor of law at McGeorge.

Again, I am open to dialogue, but I am pleading withyou in the immediate future, to please remove my name from your blog, or at least to discuss with me why you have chosen to blindly diparage me when I am only at the beginning of my career – and work so hard to be a good person, and do the right things in life.

Thank you so much for your response, and integrity in this matter,

Sarah Attia