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Allen Matkins, Alliance of California Judges, barack obama, California Bar Foundation, California Public Utilities Commission, CaliforniaALL, Center for Asian American United for Self Empowerment, Chris Young, CPUC, Dan Maguire -- Yolo County Superior Court Judge, Dave Rosenberg -- Judge, Yolo County Superior Court, David Lampe, David Reed -- Judge of Yolo County Superior Court, Fulcrum Property Group, Geoffrey Brown, Jeffrey Bleich, Jonathan Raven, Judge Timothy Fall, Judicial Council, Judicial Council Watcher, Judy Johnson, Kamala Harris, Keker & Van Nest, Leslie Hatamiya, Mark Friedman, Michael Peevey, Munger Tolles & Olson, OBAMA FOR AMERICA, Ophelia Basgal, Ruthe Catolico Ashley aka Ruthe Ashley aka Ruth Ashley of CaliforniaALL, Superior Court of Orange County, UC Davis, Uncategorized, University of California Irvine Foundation, Yolo County, Yolo County Superior Court

Judicial Council Watcher on Judicial Council Member Dave Rosenberg of Yolo County Superior Court as The Leslie Brodie Report Asks JCW/ Alliance of California Judges’ David Lampe to Opine on Execution of Search Warrant with No Probable Cause in Re CaliforniaALL – Part 1 (TLR Note: Part 2 will discuss Judicial Council member Mark Robinson of UCI Foundation; Part 3- Dave Rosenberg, UC Davis, and Mark Friedman’s CPA Alison Turner connection to CaliforniaALL)

Judge Dave Rosenberg – Up until this moment, Judge David Rosenberg was a shooting star on the judicial council…. but one needed only peel back a layer or two to find out how he got there. You see, Judge Rosenberg was a fraternity advisor and lifetime member of Alpha Epsilon Pi at UC Davis during the hazing of one Ryan Clifford by the fraternity. He would also be the judge that would be assigned the case of Ryan Clifford vs. Alpha Epsilon Pi wherein Ryan Clifford was brutally hazed by the fraternity members. CV 09-1282 filed May 15th 2009.  It would be Judge David Rosenberg’s involvement in this case that would sully the judiciary in Yolo County and simultaneously propel Judge Rosenberg on his path to the star chamber because it is compromising situations such as this where one might come upon a CJP action that could conceivably remove them from the bench that creates malleable tools like Rosenberg for seats in the Star Chamber. And elevated he was. This case has Judge Rosenbergs fingerprints all over it as an advisor to the fraternity. Furthermore the case was reassigned first to newly appointed Judge Reed and then to newly appointed Judge McGuire of Yolo County, a personal friend of Rosenberg. During the course of the legal action, Judge McGuire would be challenged in an election for his spot on the bench. In response, Judge David Rosenberg, a fraternity advisor to Alpha Epsilon Pi and a lifetime member of Alpha Epsilon Pi would give Judge McGuire a contribution of 1,050 and a loan of 5000.00. An attorney for the firm representing Alpha Epsilon Pi would give McGuire 300.00. None of these donations would be disclosed by McGuire to the Clifford family prior to Judge Maguire disclosing such only after being requested to recuse himself by an attorney for Ryan Clifford. Such failure to disclose these contributions at an earlier time was a violation of California Code of Civil Procedure Section 170.1, subdivision (a)(9)(C) When the Ryan’s family attorney found out about the sizable donations that were not disclosed, they asked Judge McGuire to recuse himself. Court documents show that Judge Maguire then struck a formal disqualification filed against him by Ryan Clifford for prejudice on April 3, 2012 and dismissed the case on April 6, 2012.

That’s how Rosenberg became a chosen one. Since then he has tried to play both sides of the fence arguing court autonomy and centralization at the same time. He claims to be a member of the ACJ but wants to re-chart their agenda. And now you know how some judicial council muppets get their strings.

Source @:

http://judicialcouncilwatcher.wordpress.com/the-judicial-branch-wall-of-shame/

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I. INTRODUCTION

Sara M. Granda v State Bar of California (2009 cv 02015)

In May 2009, Sara Granda graduated from U.C. Davis School of Law and, like most of her peers, hoped to sit for the July 2009 bar exam.

California’s Department of Rehabilitation paid the $600 bar exam fee with a check, and Granda was assured that she was properly registered.


Ms. Sara Granda. It is easy to imagine Sara Granda in a courtroom, questioning witnesses, challenging the opposition, and fighting for justice with the force of her large personality. A ventilator, which she needs to breathe, would hang from the back of her wheelchair. An assistant would help her flip through files, since she cannot move her hands or arms. When she approaches the bench, Ms. Granda would maneuver her chair using her tongue. “So much of what happens in the courtroom is theater,” says Ms. Granda, 29, who has lived out her own drama since she became paralyzed from the neck down at age 17. “I’m not sure how much time I will spend in court as an attorney. But I know I could do it.” (Photo and Narrative Courtesy of www.alldeaf.com)

However, the State Bar of California’s Office of Admission, headed by Ms. Gayle Murphy, never processed Granda’s application because the Department of Rehabilitation paid the $600 fee with a check, rather than a credit card The State Bar of California did not relent, and neither did Granda.


Governor Arnold Schwarzenegger (Courtesy CNN)

Local and national media expressed outrage after the situation gained publicity as a result of statements by Governor Schwarzenegger, who publicly stated: “It is outrageous that someone who has overcome so much in life is penalized by a bureaucratic error that prevents her from taking the bar exam. Government should work for the people, not against them and I’m calling on the state bar to allow Sara Granda to take next week’s test. Sara is a fighter and I am with her all the way.”

 Robert A. Hawley
Mr. Robert A. Hawley, California State Bar Deputy Executive Director and an adjunct ethics professor at McGeorge School of Law, stated to the Sacramento Bee: “It’s a high-tech process, and people need to maneuver it successfully, and we can’t be in the business of helping any one person out with it.” Hawley continued: “That takes us down a path that ends up in a place we don’t want to be. How do you then choose which ones to help and which you don’t?”

“I worked very, very hard for every cent,” Granda stated to the local media. “So for everything to come together in the end and for it to just kind of fall through on such a minor, minor detail.”

True to her spirit, Granda filed an action in federal court seeking an order directing the State Bar of California to allow her to take the fast-approaching bar exam.


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.”

The case was assigned to the courtroom of Judge Morrison England of CaliforniaALL. Judge England is the husband of California ALL board member Torie Flournoy-England who, together with State Bar Executive Director Judy Johnson and Patricia Lee also served on CaliforniaALL’s advisory council.

Torie Flournoy Morrison England
After Judge Morrison England quickly filed for summary dissolution in Sacramento County Superior Court, and after Judge England and Torie Flournoy wed, and after Torie Flournoy-England was appointed to serve as a member of CaliforniaALL’s board of directors, and while CaliforniaALL was in existence — a lawsuit was filed in the U.S. District Court, Eastern District of California, in which the State Bar of California was named as the sole defendant. Serving on CaliforniaALL’s board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) was Torie Flournoy-England. State Bar of California Executive Director Judy Johnson, State Bar employee Patricia Lee, Kamala Harris, CPUC’s Michael Peevey, CPUC’s Tim Simon, as well as Judge England were part of CaliforniaALL’s Advisory Council. The above photo, which was published on the cover of a local magazine in Sacramento, notes that the Englands wed in May 2008. (image: courtesy photo)

Making an appearance and vigorously contending that the federal court had no jurisdiction over the State Bar of California were State Bar of California emloyees, Larry Yee, Rachel Grunberg, and Mark Torres-Gil of the State Bar office of General Counsel, the same office that drafted the partnership agreement between CaliforniaALL and the State Bar of California, as well as attorneys from the law offices of Kerr & Wagstaffe.

II. CALIFORNIA BAR JOURNAL’S DISHONEST JOURNALISM

California Bar Journal

In the midst of a public relations crisis arising from the mistreatment of the Sara Granda by the State Bar of California, an article was published in the California Bar Journal. The article was published on July 27, 2009, and was written by Diane Curtis.

As the reader will soon observe, this article is imbued with inaccurate information and is otherwise dishonest.
Article California Bar Journal about Granda

Soon after U.S. District Court Judge Morrison England dismissed the federal complaint filed by Granda against the State Bar, a Sacramento attorney, Stewart Katz, volunteered to help Granda, and did so by filing a writ of preemptive mandate against the State Bar of California.

The emergency writ was filed on July 27, 2009 and was served electronically on the State Bar. (See below.)

GRANDA v STATE BAR DOCKET

Richard Zanassi, an attorney employed by the State Bar’s Office of General Counsel, filed an opposition in response to the writ. However, due to the wide media attention focusing on the case, the opposition was styled as a request for guidance by the court.

Thus, the article written by Diane Curtis and published in the California Bar Journal is dishonest as it misleads readers into believing that the State Bar, on its own accord, approached the California Supreme Court of its own volition, as an act of altruism and due to concern for Ms. Granda. Clearly, this was not the case.

In addition, one must wonder why Diane Curtis did not mention the fact that Granda, through Stewart Katz, filed the writ for mandamus.

As is made clear by its order, the Supreme Court decided the matter by granting the writ, and not by granting the State Bar’s purported request for guidance.

 

III. YR’S ETHICS COMPLAINT AGAINST LARRY YEE, MARK TORRES-GIL, RACHEL GRUNBERG, JUDY JOHNSON

CalALL_Dec2008Newsletter 1

May 31, 2011

State Bar of California
1149 South Hill St.
Los Angeles, CA 90015
Attention: INTAKE OFFICE

Re: Complaint for Ethical Violations Against the State Bar of California; Lawrence Yee – #84208; Rachel Grunberg – #197080; Judy Johnson – #71360 ; Mark Torres-Gil – #91597.

INTRODUCTION

In lieu of submitting a complaint form, I submit this letter and enclosed materials as a formal complaint against the above-named attorneys for grave misconduct that took place in handling matters relating to applicant Sara Granda and the case of Granda v. State Bar of California.

As will be shown, the above parties, together and individually, engaged in egregious misconduct by conspiring and failing to disclose to the plaintiff the existence of a close relationship between the State Bar of California, CaliforniaALL, State Bar Executive Director Judy Johnson,Patricia Lee, and the judge who presided over a case (Hon. Morrison C. England) in which the State Bar of California was named as the sole defendant.

Furthermore, misconduct in the form of misrepresentations to the court took place regarding the current state of the law; further misconduct resulted from the discrimination against against the plaintiff based on her disability, and the unwillingness to comply with the ADA by affording the plaintiff reasonable accommodations. In addition, and adding insult to injury, the State Bar of California used the California Bar Journal as a tool to further injure and harass Granda by publishing an incomplete and inaccurate article which asserted that the State Bar had sought the advice of the California Supreme Court in determining how to resolve Granda’s claims. The article failed to mention that, in actuality, Granda had filed an action with the California Supreme Court for a preemptive writ and a writ of mandamus, such that the article misled readers regarding the actual circumstances surrounding Granda’s claims.

GENERAL BACKGROUND:

The Honorable Judge Morrison C. England is a United States District Court judge for the Eastern District of California who sits in Sacramento. Prior to assuming the role of federal judge, he served as a judge with the Sacramento County Superior Court. Judge England is a graduate of McGeorge School of Law, also located in Sacramento.

In approximately 2005, as part of his community involvement and extra-judicial activities, Judge England became involved in programs initiated by Elizabeth Parker, dean of McGeorge, and Sarah Redfield, a visiting professor from New Hampshire, relating to the promotion of diversity within the legal profession. Ruthe Catolico Ashley, an assistant dean at the career office at McGeorge School of Law who later assumed a position as a Diversity Officer at CalPERS, was also involved in these activities.

The diversity initiatives instigated by McGeorge were both local and national in scope. The local program in Sacramento was entitled “PacificPathways.” The program to promote diversity on a national level became known as “Wingspread,” which evolved into a series, including Wingspread – Blackboard, Bench, and Bar and Wingspread – Delivered and Deliverable, and the like. Torie L. Flournoy, a school principal from Sacramento, was also involved in these programs at the local level.

Because Ruthe Ashley also served on the Board of Governors of the State Bar of California and Sarah Redfield served on the State Bar’s Council on Fairness and Access, the parties from Sacramento (namely, Parker, Ahley, Flournoy, Redfield and Judge England) became acquainted with individuals from the State Bar of California who were involved in matters relating to diversity, including Executive Director Judy Johnson, State Bar employee Patricia Lee, and Buchalter Nemer’s Holly Fujie.

As such, it was common to observe the same participant names at various diversity-related events taking place around the country. For example, over a 3 day weekend in Monterrey on October 5-7, 2006, part of the Wingspread program ran concurrently with the State Bar of California’s annual convention. Some of the attendees included Judy Johnson, Holly Fujie, Patricia Lee, Ruthe Ashley, Torie L. Flournoy, Hon. Morrison C. England, Dean Elizabeth Parker, and Sarah Redfield. (See attachment titled “Wingspread VI.”) This event, Wingspread — Blackboard Bench and Bar, was organized by Sarah Redfield. Similarly, in June 2007, and also part of the “Wingspread” series, a summit was held in Honolulu, Hawaii at which Dean Elizabeth Parker, Hon. Morrison C. England, Sarah Redfield and Torie L. Flournoy were all in attendance. (See attachment titled “UH Manoh Law School.”)

In approximately 2007, Ruthe Ashley and Munger Tolles & Olson’s Jeffrey Bleich served as Vice President and President of the California State Bar, respectively. During that time frame, an idea was formulated to replicate an existing entity that would also absorb large sums of money from utility companies, and which would be used to allegedly promote diversity.

The original entity, the California Consumer Protection Foundation (CCPF), was secretly controlled for years by State Bar Executive Director Judy Johnson. Fines and settlements from proceedings before the CPUC and other cy pres funds of approximately $30 million dollars were funneled to CCPF, primarily from legal and administrative proceedings. Unlike the funds funneled to CCPF via cy pres funds or fines imposed by the CPUC, the funds flowing to the new entity would come from utility companies’ voluntary donations after they were urged by the CPUC and others to donate in order to further diversity.

As such, Peter Arth (Chief of Staff to then-President of the CPUC, Michael Peevey) invited Ruthe Ashley to a restaurant in San Francisco. As a result of the meeting, a new entity known as CaliforniaALL was formed as a Section 501(c)(3) charitable entity that would collect funds to theoretically be used to invest in promoting diversity. CaliforniaALL, which came into existence in 2008 and was abruptly dissolved in 2010, was considered to have been in a partnership relationship with the State Bar of California. (See Attachment titled “Memo from Patricia Lee to BOG.”) In addition, the partnership stipulation between the State Bar and CaliforniaAll provided that the Board of Governors would appoint two of CaliforniaALL’s members to the Board of Directors.

Executive Director of the State Bar of California Judy Johnson, Patricia Lee, and Judge Morrison England were members of CaliforniaALL’s “Advisory Council” (see Attachment titled “CaliforniaALL December 2008 Newsletter”), affording Judy Johnson and Judge England numerous opportunities to meet and collude or, at a minimum, to create such an appearance.

CaliforniaALL obtained donations of almost $2 million, primarily from utility companies such as Sempra, AT&T, PG&E and, of course, Verizon Wireless. In addition, Judy Johnson, Patricia Lee, Buchalter Nemer’s Holly Fujie, and Leslie Hatamiya colluded to transfer $774,247 sub rosa from the State Bar of California Foundation (dba California Bar Foundation) to CaliforniaALL. (See attachment titled “Cal Bar Foundation’s tax return for 2008.”) In 2009, yet another $5,000 was transferred from Cal Bar Foundation to CaliforniaALL for purposes of “researching” best practices. Hence, for simplicity’s sake, this complaint rounds the amount at issue to $780,000.

The transfer of $780,000 from Cal Bar Foundation to CaliforniaALL was never acknowledged by any of CaliforniaALL’s publications. Similarly, it was never mentioned in the California Bar Journal or the NewsRoom of Cal Bar Foundation, where all other grants were heavily reported.

It is my position that the transfer of funds was never mentioned because it resulted from a conspiracy by Ruthe Ashley, Holly Fujie, Patricia Lee, and Leslie Hatamiya (all, incidentally, Asian-Americans who are very active in the promotion of diversity) to quietly shift the $780,000, some of which would later be misappropriated and used for personal gain and kickbacks. Indeed, once the funds reached CaliforniaALL, some of it was misappropriated. In order to cover-up the misappropriation, false and inaccurate statements were submitted to the IRS by CaliforniaALL and Ruthe Ashley. For example, CaliforniaALL, which was housed pro bono at the Sacramento Office of DLA Piper, falsely claimed in IRS filings that it had paid approximately $16,000 in occupancy fees. Additional financial improprieties also exist which cannot be disclosed due to the fact that the State Bar is the wrongdoer and, ironically, is the entity to which I am required to submit this complaint for processing.

It is worth noting that the California Bar Foundation is part and parcel of the State Bar of California, despite claims to the contrary and the contention that it is only affiliated with the State Bar. The fact of the matter is that the State Bar’s Board of Governors appoints all Foundation board members, including the president, and that the Executive Director of the California Bar Foundation reports directly to the Board of Governors and needs the Board’s approval to change any bylaws, for example.

In the meantime – after Judge England filed for summary dissolution in the Sacramento Superior Court, and after Judge England and Torie L. Flournoy wed, and after Torie Flournoy-England was appointed to serve as a member of CaliforniaALL’s board of directors, and while CaliforniaALL was still in existence – a lawsuit was filed in the U.S. District Court, Eastern District of California, in which the State Bar of California was named as the sole defendant.

The action was filed by plaintiff Sara Granda and was titled Sara Granda v. the State Bar of California (Case Number 2:09-cv-02015- MCE; see attachment titled “Complaint by Plaintiff Sara Granda”). The matter was adjudicated by Judge England, who promptly dismissed it. Neither Judge England, the defendant, Judy Johnson, or defense counsel Lawrence Yee, Mark Torres-Gil, or Rachel Grunberg disclosed to Granda the State Bar’s ongoing relationship with CaliforniaALL, to wit:

1. CaliforniaALL and the defendant (State Bar of California) are business partners.
2. Judge England and the Executive Director of the State Bar of California (Ms. Judy Johnson) are members of CaliforniaALL’s advisory council.
3. Torie Flournoy-England, the spouse of Judge England, is a board member of CaliforniaALL, an entity that is a partner of the State Bar.
4. The unusual sub rosa transfer of $780,000 from defendant to CaliforniaALL.

By failing to make the disclosures mandated by these facts, the above-named attorneys committed misconduct, irrespective of the actual merit of Granda’s case or its outcome. As such, each must be disciplined for his/her wrongful conduct. Those attorneys are Judy Johnson, Lawrence Yee, Mark Torres-Gil, Rachel Grunberg, and Holly Fujie.

Fujie, who participated in all the proceedings concerning CaliforniaALL (including, strangely, causing the ex post facto appointment of Peter Arth to the Council of Access and Fairness to give them a chance to meet and collude), was also a member of the Board of Governors’ Operation Committee and was briefed regarding Granda’s case. In addition, she was aware that Judge England was presiding over the case and that he and his wife were part of CaliforniaALL. In addition, Fujie served as the president of the State Bar of California and as a member of both the Board of Governors and Operations Committee, and was briefed on the matter; in fact, she authorized the expenditure of money to pay as legal fees to oppose the suit before Judge England. In addition Ms. Fujie participated in multiple diversity-related events at which Judge England and his wife Torie Flournoy-England were present; one such even took place on January 27, 2009, when 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. Despite of all the above, Fujie –instead of speaking up concerning the obvious conflict regarding Judge England — kept quiet and looked the other way.

Even though the outcome of the Granda matter is irrelevant to a determination of the misconduct described above, the following paragraphs are included to provide further background and to rebut any allegation that the relationship between the Englands and the defendant caused no prejudice to plaintiff Sara Granda, or that the failure to provide fair administration of justice was otherwise harmless.

The fact of the matter is that the plaintiff Granda was severely prejudiced by the misconduct.

Granda, a 2009 graduate of U.C. Davis School of Law, intended to sit for the July 2009 bar exam. The recent graduate, a quadriplegic who can only move her head and fingers, arranged for the California Department of Rehabilitation to pay the examination fee of $600, which it did via check. However, the State Bar stated that it only accepts payments made via credit card, and would not allow Granda to sit for the fast-approaching bar examination. Plaintiff sensed unfairness and, like many recent law school graduates before her who approached federal court, she asked the federal court to award her both monetary and equitable relief in her lawsuit, which claimed that defendant State Bar of California violated the Americans with Disabilities Act.

The State Bar of California, which was represented by Michael von Loewenfeldt of Kerr & Wagstaffe, as well as Lawrence Yee, Mark Gil-Torres and Rachel Grunberg (State Bar in-house attorneys), asserted that the State Bar was immune pursuant to the 11th Amendment. (See attachment titled “Defendant’s Opposition.”) In its filing and opposition, defendant mostly cited as authority cases adjudicated by district courts around the country, as there is no clear authority addressing the interactions between the ADA and Eleventh Amendment immunity. Cases which held otherwise were not referenced by defendant, including Stoddard v. Florida Board of Bar Examiners and many other cases which held that, in fact, the ADA abrogates Eleventh Amendment immunity.

Misled, at least in part, by the argument advanced by defendant State Bar, Judge England promptly dismissed the case without giving Granda the chance to amend or plead around the issue of Eleventh Amendment immunity by, for example, naming Judy Johnson as a defendant in her individual capacity. In addition, Granda’s claim for monetary relief was completely ignored by the judge, and was never ruled upon.

Based on the foregoing, it is clear that the above-named attorneys engaged in egregious misconduct. The fact that they are part of the State Bar, an entity that should hold itself as a beacon of high ethical standards, coupled with Ms. Granda’s special circumstances, mandate and call for severe discipline.

IV. REPLY TO COMPLAINT BY JILL SPERBER OF THE STATE BAR OF CALIFORNIA

Letter Jill Sperber State Bar of CaliforniaJill Sperber to Complainant 2

V. SUBTERFUGE BY TORIE FLOURNOY-ENGLAND, SARAH REDFIELD AND RUTHE CATOLICO ASHLEY

Ms. Sarah E. Redfield is a tenured law professor at the UNH School of Law. She is an expert in the area of education, education jurisprudence, and matters relating to diversity in the legal profession.

Between 2004 and 2008, Professor Redfield served as a “visiting” professor at McGeorge School of Law in Sacramento. From 2008-2009, she served as interim Executive Director of CaliforniaALL, as well as program director. Professor Redfield was paid $157,763 for her services while she was misclassified as an “independent contractor.

Events surrounding Redfield, as shown below, appear to be imbued with fraud and deceit, and it appears her role was to create a subterfuge to justify the existence of CaliforniaALL. Since CaliforniaALL’s main achievement was the purported creation of a “Saturday Academy of Law” at UC Irvine (“SALUCI” or “UCISAL”), Ms. Redfield pretended to have engaged in Requests for Proposals (“RFP”), as well as falsely claiming that she “launched” SALUCI. She gave very little, if anything, in return for the $157,763 she was paid. In fact, she took credit for the extremely hard work of others.

As circumstances presented themselves, particularly with the election of former NBA player Kevin Johnson as the mayor of Sacramento, an idea surfaced that McGeorge (and other law schools in their respective communities) would create their own supplies of qualified minority students by actively engaging the community of potential future students as early as junior high school. Activities would include mentoring, speaker series, field trips, on-site visits to the law schools, Saturday law classes, and the like.

Thus, with visiting Professor Redfield, various programs came about, such as Wingspread P20 Consortium. At McGeorge, a local program known as the “Pacific Pathways” was created by Professor Redfield with help from Twin Rivers Unified School District employee, Torie Flournoy.

Also employed at McGeorge as Assistant Dean for Career Services was Vice President of the State Bar of California, Ms. Ruthe Catolico Ashley, as well as State Bar of California Deputy Executive Director, Mr. Robert Hawley. Ashley and Redfield were also involved with diversity-related matters within the State Bar of California as part of its council on access and fairness, and as the head of a working group referred to as “Education Pipeline, State Bar of California.”

Shortly, thereafter, Ashley left McGeorge to work at CalPERS as a “Diversity Officer” for External Affairs. Subsequenty, CPUC General Counsel Peter Arth invited Ashley and Redfield to dinner, whereupon the idea for CaliforniaALL (initially known as Ca AAL) was memorialized on a paper napkin in approximately July 2007.

In mid 2008, CaliforniaALL was ready to rock and roll. It had just obtained Section 501(C)(3) approval, Ruthe Catolico Ashley was hired as a CEO, a sub rosa transfer of $780,000 had been received from the State Bar of California Foundation (AKA Cal Bar Foundation), and close to another million dollars from utility companies, allegedly, poured in.

According to Professor Redfield’s CV, between 2008 and 2009 she “launched” CaliforniaALL, participated in RFP, and “launched” the Saturday Academy of Law at U. C. Irvine.

Sara E. Redfield SAL

Similarly, CaliforniaALL’s own publication indicates that with CaliforniaALL’s grant funds, U.C. Irvine developed and implemented the Saturday Academy of Law, and that by 2009 CaliforniaALL’s mission was visibly at work through the program. See below.

Work CALALL SAL

Unfortunately, this is not the case. Instead, as most transactions involving CaliforniaALL, the California Bar Foundation and the State Bar of California, it is imbued with fraud and egregious acts dishonesty and deception.

Specifically, the Saturday Academy of Law has been in existence for many years, and is part of the University of California Irvine’s Center for Educational Partnerships (CFEP), which has many programs to benefit the community, such as “UCI Saturdays with Sciences,” “Saturday Academy in Mathematics,” and the like.

For example, as part of a field trip to law firms, the photo below was taken in 2007 when the UCISAL group visited the law offices of Allen Matkins. (See below.) We have intentionally blurred the photo to maintain the students’ privacy. Seated on the right is Allen Matkins managing partner Robert Hamilton. On the far right is Karina Hamilton, a former Allen Matkins associate, wife of Robert Hamilton, and the former Director of Saturday Academy of Law at U. C. Irvine.

SAL Visit to Allen Matkins

 

Saturday Academy of Law at U. C. Irvine Director Karina Hamilton

On April 13, 2012 Adam Stock of Allen Matkins’ office in Orange County published the following:

“Allen Matkins joined the Orange County Diversity Task Force, a collaborative effort of professionals from top Orange County law firms and businesses that are committed to achieving cultural diversity in the legal profession. As part of this effort, on April 6, 2010, Allen Matkins hosted an office visit and luncheon for the inaugural class of the University of California — Irvine Saturday Academy of Law program (“SAL”).”

Allen Matkins Web Page Re Saturday Law Academy

Unfortunately, again, this is not the case. Instead, as most transactions involving CaliforniaALL, the California Bar Foundation and the State Bar of California, it is imbued with fraud and egregious acts dishonesty and deception.

Specifically, the Saturday Academy of Law has been in existence for many years, and is part of the University of California Irvine’s Center for Educational Partnerships (CFEP), which has many programs to benefit the community, such as “UCI Saturdays with Sciences,” “Saturday Academy in Mathematics,” and the like.

In fact, metadata from Allen Matkins’ own photos reveals the photos below were taken on January 24, 2007, and not on April 2, 2010 as Allen Matkins (who’s managing partner is Bob Hamilton — husband of UC Irvine’s Karina Hamilton) falsely alleges.

The metadata results were obtained by examining the following links at www.findexif.com :

http://allenmatkinsdiversity.com/wp-content/uploads/2010/12/SAL01.jpg

AND

http://calconsumerproductlaw.com/AllenMatkinsDiversity/wp-content/uploads/2010/12/SAL02.jpg

Allen Matkins EXIF Data 1

Allen Matkins EXIF Data 2


VI. YR’S VIEW OF EVENTS SURROUNDING CaliforniaALL

CaliforniaALL -- Team Barack Obama
(L-R) USDOJ’s Tony West, Ambassador Jeffrey Bleich, HUD’s Ophelia Basgal, Judy Johnson, Chris Young, Annette Carnegie, James Brosnahan, and Kamala Harris. (Image:courtesy photos)

As matters presently stand, it appears that in 2008 Morrison & Foerster attorneys James Brosnahan (self-proclaimed “mastermind behind the Democratic Party.), Tony West (Barack Obama’s Chair of California Finance Committee), Chris Young (“Obama for America” Northern California Deputy Finance Director) and Annette Carnegie (former director with the California Bar Foundation) in conjunction with Kamala Harris (Co-Chair, Obama for America ; member of CaliforniaALL) , Jeffrey Bleich (president of the State Bar of California, director with the California Bar Foundation, founding member and Chair of Barack Obama’s National Finance Committee) executed a sophisticated financial scheme to misuse all or part of the “hush-hush” $780,000.00 originating from the California Bar Foundation by improperly transferring the money to Barack Obama’s coffers via a separate foundation created ad hoc by Susan Mac Cormac of Morrison & Foerster known as CaliforniaALL.

Other then collecting close to $2 million directly from utility companies (including the “hush-hush” transfer of $774,247, comprised of one installment of $5000 and another contribution of $769,247 from the Foundation which was never mentioned in the Foundation’s “newsroom” or by any other of its publications such as the California Bar Journal or by any of the newsletters and alerts published by CaliforniaALL), CaliforniaALL appears to have been be a sham, phantom entity from its inception in 2008 to the day it began to slowly be dissolved in approximately 2009, subsequent to the election of Barack Obama as president of the U.S. Its only alleged achievement was providing some money for the creation of the Saturday Academy of Law at UC Irvine (“SALUCI”) in approximately 2008-2009. Here too vast and intense suspicious circumstances exist as the funds from CaliforniaALL actually went to the UC Irvine Foundation, where the present executive director of the State Bar of California (Senator Joe Dunn) serves as a member of the audit committee, and it turns out that the SALUCI was actually already created in 2005 and was fully operational before CaliforniaALL arrived on the scene. In addition, some records seem to indicate that Verizon Wireless funneled the money directly to SALUCI , while CaliforniaALL took the credit.

Initially, due to circumstances which cannot be viewed as mere coincidence, I was under the impression that funds have been misappropriated from the California Bar Foundation by Voice of OC — specifically, by its founders 1) Joe Dunn and 2) Martha Escutia (both former state senators who were overseeing utility companies and the CPUC and investigating the California energy crisis), and 3) Thomas Girardi and 4) James Brosnahan who were litigating cases involving the California energy crisis on opposite sides, and/or Geoffrey Brown, former Commissioner of the California Public Utilities Commission and 2007 Director of the Foundation during the time of the suspicious transfer of funds to CaliforniaALL (an entity of which CPUC’s Peter Arth was one of the main initiators).

However futile, I asked the State Bar of California to investigate the matter. While the Foundation alleges that the source of the (relatively) large sum of $774,247 which it transferred to CaliforniaALL was from four utility companies (AT&T, PG&E, Edison International, and Verizon Wireless — as reflected in the Foundation’s 2008 Annual Report and tax return showing contributions to CaliforniaALL), there is no corresponding entry in any Foundation tax return (for tax years 2007 or 2008), nor any mention in the Annual Report, showing the initial receipt of those funds.

Nevertheless, I continued with the inquiry as large pieces of the puzzle were missing, and in fact stated so in a letter seeking information about one of the actor’s employment history. However, within the past several weeks, I believe that I finally managed to put all the pieces together.

These facts raised suspicions that money has been misappropriated from the Foundation, and places those individuals who controlled the Foundation (Jeffrey Bleich, Annette Carnegie, Douglas Winthrop, Ruthe Catolico Ashley, Geoffrey Brown, and others), who “legally” created CaliforniaALL (James Brosnahan, Tony West, Chris Young, Susan Mac Cormac, and Annette Carnegie of the San Francisco office of Morrison & Foerster), who controlled the money (Ophelia Basgal of PG&E; Douglas Winthrop, attorney for PG&E; Jeffrey Bleich, attorney for Verizon Wireless; and Edison (client of James Brosnahan, Tony West, Chris Young, and Annette Carnegie), who controlled CaliforniaALL (Ruthe Ashley, Ophelia Basgal), and who controlled the finances for the Obama for America’s 2008 campaign (Jeffrey Bleich, Tony West, and Chris Young) in a very awkward position.

In my opinion, and based on the information I’ve discovered, it appears that funds were misappropriated and/or laundered through the California Bar Foundation by various individuals through the misuse of CaliforniaALL. Although other potential explanations certainly exist, based on these individuals’ involvement in the “Obama for America” 2008 presidential campaign (as discussed below), one likely possibility is that the funds were unlawfully misdirected to that campaign.

VII. STATE BAR OF CALIFORNIA’S JON STREETER OF KEKER & VAN NEST PRESSES CRIMINAL CHARGES AGAINST YR WITH YOLO COUNTY DISTRICT ATTORNEY; PARTIAL COPY OF DECLARATION OF BRUCE NALIBOFF PRESENTED TO JUDGE TIM FALL

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TO BE CONTINUED.

I. INTRODUCTION

Sara M. Granda v State Bar of California (2009 cv 02015)

In May 2009, Sara Granda graduated from U.C. Davis School of Law and, like most of her peers, hoped to sit for the July 2009 bar exam.

California’s Department of Rehabilitation paid the $600 bar exam fee with a check, and Granda was assured that she was properly registered.


Ms. Sara Granda. It is easy to imagine Sara Granda in a courtroom, questioning witnesses, challenging the opposition, and fighting for justice with the force of her large personality. A ventilator, which she needs to breathe, would hang from the back of her wheelchair. An assistant would help her flip through files, since she cannot move her hands or arms. When she approaches the bench, Ms. Granda would maneuver her chair using her tongue. “So much of what happens in the courtroom is theater,” says Ms. Granda, 29, who has lived out her own drama since she became paralyzed from the neck down at age 17. “I’m not sure how much time I will spend in court as an attorney. But I know I could do it.” (Photo and Narrative Courtesy of www.alldeaf.com)

However, the State Bar of California’s Office of Admission, headed by Ms. Gayle Murphy, never processed Granda’s application because the Department of Rehabilitation paid the $600 fee with a check, rather than a credit card The State Bar of California did not relent, and neither did Granda.


Governor Arnold Schwarzenegger (Courtesy CNN)

Local and national media expressed outrage after the situation gained publicity as a result of statements by Governor Schwarzenegger, who publicly stated: “It is outrageous that someone who has overcome so much in life is penalized by a bureaucratic error that prevents her from taking the bar exam. Government should work for the people, not against them and I’m calling on the state bar to allow Sara Granda to take next week’s test. Sara is a fighter and I am with her all the way.”

 Robert A. Hawley
Mr. Robert A. Hawley, California State Bar Deputy Executive Director and an adjunct ethics professor at McGeorge School of Law, stated to the Sacramento Bee: “It’s a high-tech process, and people need to maneuver it successfully, and we can’t be in the business of helping any one person out with it.” Hawley continued: “That takes us down a path that ends up in a place we don’t want to be. How do you then choose which ones to help and which you don’t?”

“I worked very, very hard for every cent,” Granda stated to the local media. “So for everything to come together in the end and for it to just kind of fall through on such a minor, minor detail.”

True to her spirit, Granda filed an action in federal court seeking an order directing the State Bar of California to allow her to take the fast-approaching bar exam.


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.”

The case was assigned to the courtroom of Judge Morrison England of CaliforniaALL. Judge England is the husband of California ALL board member Torie Flournoy-England who, together with State Bar Executive Director Judy Johnson and Patricia Lee also served on CaliforniaALL’s advisory council.

Torie Flournoy Morrison England
After Judge Morrison England quickly filed for summary dissolution in Sacramento County Superior Court, and after Judge England and Torie Flournoy wed, and after Torie Flournoy-England was appointed to serve as a member of CaliforniaALL’s board of directors, and while CaliforniaALL was in existence — a lawsuit was filed in the U.S. District Court, Eastern District of California, in which the State Bar of California was named as the sole defendant. Serving on CaliforniaALL’s board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) was Torie Flournoy-England. State Bar of California Executive Director Judy Johnson, State Bar employee Patricia Lee, Kamala Harris, CPUC’s Michael Peevey, CPUC’s Tim Simon, as well as Judge England were part of CaliforniaALL’s Advisory Council. The above photo, which was published on the cover of a local magazine in Sacramento, notes that the Englands wed in May 2008. (image: courtesy photo)

Making an appearance and vigorously contending that the federal court had no jurisdiction over the State Bar of California were State Bar of California emloyees, Larry Yee, Rachel Grunberg, and Mark Torres-Gil of the State Bar office of General Counsel, the same office that drafted the partnership agreement between CaliforniaALL and the State Bar of California, as well as attorneys from the law offices of Kerr & Wagstaffe.

II. CALIFORNIA BAR JOURNAL’S DISHONEST JOURNALISM

California Bar Journal

In the midst of a public relations crisis arising from the mistreatment of the Sara Granda by the State Bar of California, an article was published in the California Bar Journal. The article was published on July 27, 2009, and was written by Diane Curtis.

As the reader will soon observe, this article is imbued with inaccurate information and is otherwise dishonest.
Article California Bar Journal about Granda

Soon after U.S. District Court Judge Morrison England dismissed the federal complaint filed by Granda against the State Bar, a Sacramento attorney, Stewart Katz, volunteered to help Granda, and did so by filing a writ of preemptive mandate against the State Bar of California.

The emergency writ was filed on July 27, 2009 and was served electronically on the State Bar. (See below.)

GRANDA v STATE BAR DOCKET

Richard Zanassi, an attorney employed by the State Bar’s Office of General Counsel, filed an opposition in response to the writ. However, due to the wide media attention focusing on the case, the opposition was styled as a request for guidance by the court.

Thus, the article written by Diane Curtis and published in the California Bar Journal is dishonest as it misleads readers into believing that the State Bar, on its own accord, approached the California Supreme Court of its own volition, as an act of altruism and due to concern for Ms. Granda. Clearly, this was not the case.

In addition, one must wonder why Diane Curtis did not mention the fact that Granda, through Stewart Katz, filed the writ for mandamus.

As is made clear by its order, the Supreme Court decided the matter by granting the writ, and not by granting the State Bar’s purported request for guidance.

 

III. YR’S ETHICS COMPLAINT AGAINST LARRY YEE, MARK TORRES-GIL, RACHEL GRUNBERG, JUDY JOHNSON

CalALL_Dec2008Newsletter 1

May 31, 2011

State Bar of California
1149 South Hill St.
Los Angeles, CA 90015
Attention: INTAKE OFFICE

Re: Complaint for Ethical Violations Against the State Bar of California; Lawrence Yee – #84208; Rachel Grunberg – #197080; Judy Johnson – #71360 ; Mark Torres-Gil – #91597.

INTRODUCTION

In lieu of submitting a complaint form, I submit this letter and enclosed materials as a formal complaint against the above-named attorneys for grave misconduct that took place in handling matters relating to applicant Sara Granda and the case of Granda v. State Bar of California.

As will be shown, the above parties, together and individually, engaged in egregious misconduct by conspiring and failing to disclose to the plaintiff the existence of a close relationship between the State Bar of California, CaliforniaALL, State Bar Executive Director Judy Johnson,Patricia Lee, and the judge who presided over a case (Hon. Morrison C. England) in which the State Bar of California was named as the sole defendant.

Furthermore, misconduct in the form of misrepresentations to the court took place regarding the current state of the law; further misconduct resulted from the discrimination against against the plaintiff based on her disability, and the unwillingness to comply with the ADA by affording the plaintiff reasonable accommodations. In addition, and adding insult to injury, the State Bar of California used the California Bar Journal as a tool to further injure and harass Granda by publishing an incomplete and inaccurate article which asserted that the State Bar had sought the advice of the California Supreme Court in determining how to resolve Granda’s claims. The article failed to mention that, in actuality, Granda had filed an action with the California Supreme Court for a preemptive writ and a writ of mandamus, such that the article misled readers regarding the actual circumstances surrounding Granda’s claims.

GENERAL BACKGROUND:

The Honorable Judge Morrison C. England is a United States District Court judge for the Eastern District of California who sits in Sacramento. Prior to assuming the role of federal judge, he served as a judge with the Sacramento County Superior Court. Judge England is a graduate of McGeorge School of Law, also located in Sacramento.

In approximately 2005, as part of his community involvement and extra-judicial activities, Judge England became involved in programs initiated by Elizabeth Parker, dean of McGeorge, and Sarah Redfield, a visiting professor from New Hampshire, relating to the promotion of diversity within the legal profession. Ruthe Catolico Ashley, an assistant dean at the career office at McGeorge School of Law who later assumed a position as a Diversity Officer at CalPERS, was also involved in these activities.

The diversity initiatives instigated by McGeorge were both local and national in scope. The local program in Sacramento was entitled “PacificPathways.” The program to promote diversity on a national level became known as “Wingspread,” which evolved into a series, including Wingspread – Blackboard, Bench, and Bar and Wingspread – Delivered and Deliverable, and the like. Torie L. Flournoy, a school principal from Sacramento, was also involved in these programs at the local level.

Because Ruthe Ashley also served on the Board of Governors of the State Bar of California and Sarah Redfield served on the State Bar’s Council on Fairness and Access, the parties from Sacramento (namely, Parker, Ahley, Flournoy, Redfield and Judge England) became acquainted with individuals from the State Bar of California who were involved in matters relating to diversity, including Executive Director Judy Johnson, State Bar employee Patricia Lee, and Buchalter Nemer’s Holly Fujie.

As such, it was common to observe the same participant names at various diversity-related events taking place around the country. For example, over a 3 day weekend in Monterrey on October 5-7, 2006, part of the Wingspread program ran concurrently with the State Bar of California’s annual convention. Some of the attendees included Judy Johnson, Holly Fujie, Patricia Lee, Ruthe Ashley, Torie L. Flournoy, Hon. Morrison C. England, Dean Elizabeth Parker, and Sarah Redfield. (See attachment titled “Wingspread VI.”) This event, Wingspread — Blackboard Bench and Bar, was organized by Sarah Redfield. Similarly, in June 2007, and also part of the “Wingspread” series, a summit was held in Honolulu, Hawaii at which Dean Elizabeth Parker, Hon. Morrison C. England, Sarah Redfield and Torie L. Flournoy were all in attendance. (See attachment titled “UH Manoh Law School.”)

In approximately 2007, Ruthe Ashley and Munger Tolles & Olson’s Jeffrey Bleich served as Vice President and President of the California State Bar, respectively. During that time frame, an idea was formulated to replicate an existing entity that would also absorb large sums of money from utility companies, and which would be used to allegedly promote diversity.

The original entity, the California Consumer Protection Foundation (CCPF), was secretly controlled for years by State Bar Executive Director Judy Johnson. Fines and settlements from proceedings before the CPUC and other cy pres funds of approximately $30 million dollars were funneled to CCPF, primarily from legal and administrative proceedings. Unlike the funds funneled to CCPF via cy pres funds or fines imposed by the CPUC, the funds flowing to the new entity would come from utility companies’ voluntary donations after they were urged by the CPUC and others to donate in order to further diversity.

As such, Peter Arth (Chief of Staff to then-President of the CPUC, Michael Peevey) invited Ruthe Ashley to a restaurant in San Francisco. As a result of the meeting, a new entity known as CaliforniaALL was formed as a Section 501(c)(3) charitable entity that would collect funds to theoretically be used to invest in promoting diversity. CaliforniaALL, which came into existence in 2008 and was abruptly dissolved in 2010, was considered to have been in a partnership relationship with the State Bar of California. (See Attachment titled “Memo from Patricia Lee to BOG.”) In addition, the partnership stipulation between the State Bar and CaliforniaAll provided that the Board of Governors would appoint two of CaliforniaALL’s members to the Board of Directors.

Executive Director of the State Bar of California Judy Johnson, Patricia Lee, and Judge Morrison England were members of CaliforniaALL’s “Advisory Council” (see Attachment titled “CaliforniaALL December 2008 Newsletter”), affording Judy Johnson and Judge England numerous opportunities to meet and collude or, at a minimum, to create such an appearance.

CaliforniaALL obtained donations of almost $2 million, primarily from utility companies such as Sempra, AT&T, PG&E and, of course, Verizon Wireless. In addition, Judy Johnson, Patricia Lee, Buchalter Nemer’s Holly Fujie, and Leslie Hatamiya colluded to transfer $774,247 sub rosa from the State Bar of California Foundation (dba California Bar Foundation) to CaliforniaALL. (See attachment titled “Cal Bar Foundation’s tax return for 2008.”) In 2009, yet another $5,000 was transferred from Cal Bar Foundation to CaliforniaALL for purposes of “researching” best practices. Hence, for simplicity’s sake, this complaint rounds the amount at issue to $780,000.

The transfer of $780,000 from Cal Bar Foundation to CaliforniaALL was never acknowledged by any of CaliforniaALL’s publications. Similarly, it was never mentioned in the California Bar Journal or the NewsRoom of Cal Bar Foundation, where all other grants were heavily reported.

It is my position that the transfer of funds was never mentioned because it resulted from a conspiracy by Ruthe Ashley, Holly Fujie, Patricia Lee, and Leslie Hatamiya (all, incidentally, Asian-Americans who are very active in the promotion of diversity) to quietly shift the $780,000, some of which would later be misappropriated and used for personal gain and kickbacks. Indeed, once the funds reached CaliforniaALL, some of it was misappropriated. In order to cover-up the misappropriation, false and inaccurate statements were submitted to the IRS by CaliforniaALL and Ruthe Ashley. For example, CaliforniaALL, which was housed pro bono at the Sacramento Office of DLA Piper, falsely claimed in IRS filings that it had paid approximately $16,000 in occupancy fees. Additional financial improprieties also exist which cannot be disclosed due to the fact that the State Bar is the wrongdoer and, ironically, is the entity to which I am required to submit this complaint for processing.

It is worth noting that the California Bar Foundation is part and parcel of the State Bar of California, despite claims to the contrary and the contention that it is only affiliated with the State Bar. The fact of the matter is that the State Bar’s Board of Governors appoints all Foundation board members, including the president, and that the Executive Director of the California Bar Foundation reports directly to the Board of Governors and needs the Board’s approval to change any bylaws, for example.

In the meantime – after Judge England filed for summary dissolution in the Sacramento Superior Court, and after Judge England and Torie L. Flournoy wed, and after Torie Flournoy-England was appointed to serve as a member of CaliforniaALL’s board of directors, and while CaliforniaALL was still in existence – a lawsuit was filed in the U.S. District Court, Eastern District of California, in which the State Bar of California was named as the sole defendant.

The action was filed by plaintiff Sara Granda and was titled Sara Granda v. the State Bar of California (Case Number 2:09-cv-02015- MCE; see attachment titled “Complaint by Plaintiff Sara Granda”). The matter was adjudicated by Judge England, who promptly dismissed it. Neither Judge England, the defendant, Judy Johnson, or defense counsel Lawrence Yee, Mark Torres-Gil, or Rachel Grunberg disclosed to Granda the State Bar’s ongoing relationship with CaliforniaALL, to wit:

1. CaliforniaALL and the defendant (State Bar of California) are business partners.
2. Judge England and the Executive Director of the State Bar of California (Ms. Judy Johnson) are members of CaliforniaALL’s advisory council.
3. Torie Flournoy-England, the spouse of Judge England, is a board member of CaliforniaALL, an entity that is a partner of the State Bar.
4. The unusual sub rosa transfer of $780,000 from defendant to CaliforniaALL.

By failing to make the disclosures mandated by these facts, the above-named attorneys committed misconduct, irrespective of the actual merit of Granda’s case or its outcome. As such, each must be disciplined for his/her wrongful conduct. Those attorneys are Judy Johnson, Lawrence Yee, Mark Torres-Gil, Rachel Grunberg, and Holly Fujie.

Fujie, who participated in all the proceedings concerning CaliforniaALL (including, strangely, causing the ex post facto appointment of Peter Arth to the Council of Access and Fairness to give them a chance to meet and collude), was also a member of the Board of Governors’ Operation Committee and was briefed regarding Granda’s case. In addition, she was aware that Judge England was presiding over the case and that he and his wife were part of CaliforniaALL. In addition, Fujie served as the president of the State Bar of California and as a member of both the Board of Governors and Operations Committee, and was briefed on the matter; in fact, she authorized the expenditure of money to pay as legal fees to oppose the suit before Judge England. In addition Ms. Fujie participated in multiple diversity-related events at which Judge England and his wife Torie Flournoy-England were present; one such even took place on January 27, 2009, when 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. Despite of all the above, Fujie –instead of speaking up concerning the obvious conflict regarding Judge England — kept quiet and looked the other way.

Even though the outcome of the Granda matter is irrelevant to a determination of the misconduct described above, the following paragraphs are included to provide further background and to rebut any allegation that the relationship between the Englands and the defendant caused no prejudice to plaintiff Sara Granda, or that the failure to provide fair administration of justice was otherwise harmless.

The fact of the matter is that the plaintiff Granda was severely prejudiced by the misconduct.

Granda, a 2009 graduate of U.C. Davis School of Law, intended to sit for the July 2009 bar exam. The recent graduate, a quadriplegic who can only move her head and fingers, arranged for the California Department of Rehabilitation to pay the examination fee of $600, which it did via check. However, the State Bar stated that it only accepts payments made via credit card, and would not allow Granda to sit for the fast-approaching bar examination. Plaintiff sensed unfairness and, like many recent law school graduates before her who approached federal court, she asked the federal court to award her both monetary and equitable relief in her lawsuit, which claimed that defendant State Bar of California violated the Americans with Disabilities Act.

The State Bar of California, which was represented by Michael von Loewenfeldt of Kerr & Wagstaffe, as well as Lawrence Yee, Mark Gil-Torres and Rachel Grunberg (State Bar in-house attorneys), asserted that the State Bar was immune pursuant to the 11th Amendment. (See attachment titled “Defendant’s Opposition.”) In its filing and opposition, defendant mostly cited as authority cases adjudicated by district courts around the country, as there is no clear authority addressing the interactions between the ADA and Eleventh Amendment immunity. Cases which held otherwise were not referenced by defendant, including Stoddard v. Florida Board of Bar Examiners and many other cases which held that, in fact, the ADA abrogates Eleventh Amendment immunity.

Misled, at least in part, by the argument advanced by defendant State Bar, Judge England promptly dismissed the case without giving Granda the chance to amend or plead around the issue of Eleventh Amendment immunity by, for example, naming Judy Johnson as a defendant in her individual capacity. In addition, Granda’s claim for monetary relief was completely ignored by the judge, and was never ruled upon.

Based on the foregoing, it is clear that the above-named attorneys engaged in egregious misconduct. The fact that they are part of the State Bar, an entity that should hold itself as a beacon of high ethical standards, coupled with Ms. Granda’s special circumstances, mandate and call for severe discipline.

IV. REPLY TO COMPLAINT BY JILL SPERBER OF THE STATE BAR OF CALIFORNIA

Letter Jill Sperber State Bar of CaliforniaJill Sperber to Complainant 2

V. SUBTERFUGE BY TORIE FLOURNOY-ENGLAND, SARAH REDFIELD AND RUTHE CATOLICO ASHLEY

Ms. Sarah E. Redfield is a tenured law professor at the UNH School of Law. She is an expert in the area of education, education jurisprudence, and matters relating to diversity in the legal profession.

Between 2004 and 2008, Professor Redfield served as a “visiting” professor at McGeorge School of Law in Sacramento. From 2008-2009, she served as interim Executive Director of CaliforniaALL, as well as program director. Professor Redfield was paid $157,763 for her services while she was misclassified as an “independent contractor.

Events surrounding Redfield, as shown below, appear to be imbued with fraud and deceit, and it appears her role was to create a subterfuge to justify the existence of CaliforniaALL. Since CaliforniaALL’s main achievement was the purported creation of a “Saturday Academy of Law” at UC Irvine (“SALUCI” or “UCISAL”), Ms. Redfield pretended to have engaged in Requests for Proposals (“RFP”), as well as falsely claiming that she “launched” SALUCI. She gave very little, if anything, in return for the $157,763 she was paid. In fact, she took credit for the extremely hard work of others.

As circumstances presented themselves, particularly with the election of former NBA player Kevin Johnson as the mayor of Sacramento, an idea surfaced that McGeorge (and other law schools in their respective communities) would create their own supplies of qualified minority students by actively engaging the community of potential future students as early as junior high school. Activities would include mentoring, speaker series, field trips, on-site visits to the law schools, Saturday law classes, and the like.

Thus, with visiting Professor Redfield, various programs came about, such as Wingspread P20 Consortium. At McGeorge, a local program known as the “Pacific Pathways” was created by Professor Redfield with help from Twin Rivers Unified School District employee, Torie Flournoy.

Also employed at McGeorge as Assistant Dean for Career Services was Vice President of the State Bar of California, Ms. Ruthe Catolico Ashley, as well as State Bar of California Deputy Executive Director, Mr. Robert Hawley. Ashley and Redfield were also involved with diversity-related matters within the State Bar of California as part of its council on access and fairness, and as the head of a working group referred to as “Education Pipeline, State Bar of California.”

Shortly, thereafter, Ashley left McGeorge to work at CalPERS as a “Diversity Officer” for External Affairs. Subsequenty, CPUC General Counsel Peter Arth invited Ashley and Redfield to dinner, whereupon the idea for CaliforniaALL (initially known as Ca AAL) was memorialized on a paper napkin in approximately July 2007.

In mid 2008, CaliforniaALL was ready to rock and roll. It had just obtained Section 501(C)(3) approval, Ruthe Catolico Ashley was hired as a CEO, a sub rosa transfer of $780,000 had been received from the State Bar of California Foundation (AKA Cal Bar Foundation), and close to another million dollars from utility companies, allegedly, poured in.

According to Professor Redfield’s CV, between 2008 and 2009 she “launched” CaliforniaALL, participated in RFP, and “launched” the Saturday Academy of Law at U. C. Irvine.

Sara E. Redfield SAL

Similarly, CaliforniaALL’s own publication indicates that with CaliforniaALL’s grant funds, U.C. Irvine developed and implemented the Saturday Academy of Law, and that by 2009 CaliforniaALL’s mission was visibly at work through the program. See below.

Work CALALL SAL

Unfortunately, this is not the case. Instead, as most transactions involving CaliforniaALL, the California Bar Foundation and the State Bar of California, it is imbued with fraud and egregious acts dishonesty and deception.

Specifically, the Saturday Academy of Law has been in existence for many years, and is part of the University of California Irvine’s Center for Educational Partnerships (CFEP), which has many programs to benefit the community, such as “UCI Saturdays with Sciences,” “Saturday Academy in Mathematics,” and the like.

For example, as part of a field trip to law firms, the photo below was taken in 2007 when the UCISAL group visited the law offices of Allen Matkins. (See below.) We have intentionally blurred the photo to maintain the students’ privacy. Seated on the right is Allen Matkins managing partner Robert Hamilton. On the far right is Karina Hamilton, a former Allen Matkins associate, wife of Robert Hamilton, and the former Director of Saturday Academy of Law at U. C. Irvine.

SAL Visit to Allen Matkins

 

Saturday Academy of Law at U. C. Irvine Director Karina Hamilton

On April 13, 2012 Adam Stock of Allen Matkins’ office in Orange County published the following:

“Allen Matkins joined the Orange County Diversity Task Force, a collaborative effort of professionals from top Orange County law firms and businesses that are committed to achieving cultural diversity in the legal profession. As part of this effort, on April 6, 2010, Allen Matkins hosted an office visit and luncheon for the inaugural class of the University of California — Irvine Saturday Academy of Law program (“SAL”).”

Allen Matkins Web Page Re Saturday Law Academy

Unfortunately, again, this is not the case. Instead, as most transactions involving CaliforniaALL, the California Bar Foundation and the State Bar of California, it is imbued with fraud and egregious acts dishonesty and deception.

Specifically, the Saturday Academy of Law has been in existence for many years, and is part of the University of California Irvine’s Center for Educational Partnerships (CFEP), which has many programs to benefit the community, such as “UCI Saturdays with Sciences,” “Saturday Academy in Mathematics,” and the like.

In fact, metadata from Allen Matkins’ own photos reveals the photos below were taken on January 24, 2007, and not on April 2, 2010 as Allen Matkins (who’s managing partner is Bob Hamilton — husband of UC Irvine’s Karina Hamilton) falsely alleges.

The metadata results were obtained by examining the following links at www.findexif.com :

http://allenmatkinsdiversity.com/wp-content/uploads/2010/12/SAL01.jpg

AND

http://calconsumerproductlaw.com/AllenMatkinsDiversity/wp-content/uploads/2010/12/SAL02.jpg

Allen Matkins EXIF Data 1

Allen Matkins EXIF Data 2


VI. YR’S VIEW OF EVENTS SURROUNDING CaliforniaALL

CaliforniaALL -- Team Barack Obama
(L-R) USDOJ’s Tony West, Ambassador Jeffrey Bleich, HUD’s Ophelia Basgal, Judy Johnson, Chris Young, Annette Carnegie, James Brosnahan, and Kamala Harris. (Image:courtesy photos)

As matters presently stand, it appears that in 2008 Morrison & Foerster attorneys James Brosnahan (self-proclaimed “mastermind behind the Democratic Party.), Tony West (Barack Obama’s Chair of California Finance Committee), Chris Young (“Obama for America” Northern California Deputy Finance Director) and Annette Carnegie (former director with the California Bar Foundation) in conjunction with Kamala Harris (Co-Chair, Obama for America ; member of CaliforniaALL) , Jeffrey Bleich (president of the State Bar of California, director with the California Bar Foundation, founding member and Chair of Barack Obama’s National Finance Committee) executed a sophisticated financial scheme to misuse all or part of the “hush-hush” $780,000.00 originating from the California Bar Foundation by improperly transferring the money to Barack Obama’s coffers via a separate foundation created ad hoc by Susan Mac Cormac of Morrison & Foerster known as CaliforniaALL.

Other then collecting close to $2 million directly from utility companies (including the “hush-hush” transfer of $774,247, comprised of one installment of $5000 and another contribution of $769,247 from the Foundation which was never mentioned in the Foundation’s “newsroom” or by any other of its publications such as the California Bar Journal or by any of the newsletters and alerts published by CaliforniaALL), CaliforniaALL appears to have been be a sham, phantom entity from its inception in 2008 to the day it began to slowly be dissolved in approximately 2009, subsequent to the election of Barack Obama as president of the U.S. Its only alleged achievement was providing some money for the creation of the Saturday Academy of Law at UC Irvine (“SALUCI”) in approximately 2008-2009. Here too vast and intense suspicious circumstances exist as the funds from CaliforniaALL actually went to the UC Irvine Foundation, where the present executive director of the State Bar of California (Senator Joe Dunn) serves as a member of the audit committee, and it turns out that the SALUCI was actually already created in 2005 and was fully operational before CaliforniaALL arrived on the scene. In addition, some records seem to indicate that Verizon Wireless funneled the money directly to SALUCI , while CaliforniaALL took the credit.

Initially, due to circumstances which cannot be viewed as mere coincidence, I was under the impression that funds have been misappropriated from the California Bar Foundation by Voice of OC — specifically, by its founders 1) Joe Dunn and 2) Martha Escutia (both former state senators who were overseeing utility companies and the CPUC and investigating the California energy crisis), and 3) Thomas Girardi and 4) James Brosnahan who were litigating cases involving the California energy crisis on opposite sides, and/or Geoffrey Brown, former Commissioner of the California Public Utilities Commission and 2007 Director of the Foundation during the time of the suspicious transfer of funds to CaliforniaALL (an entity of which CPUC’s Peter Arth was one of the main initiators).

However futile, I asked the State Bar of California to investigate the matter. While the Foundation alleges that the source of the (relatively) large sum of $774,247 which it transferred to CaliforniaALL was from four utility companies (AT&T, PG&E, Edison International, and Verizon Wireless — as reflected in the Foundation’s 2008 Annual Report and tax return showing contributions to CaliforniaALL), there is no corresponding entry in any Foundation tax return (for tax years 2007 or 2008), nor any mention in the Annual Report, showing the initial receipt of those funds.

Nevertheless, I continued with the inquiry as large pieces of the puzzle were missing, and in fact stated so in a letter seeking information about one of the actor’s employment history. However, within the past several weeks, I believe that I finally managed to put all the pieces together.

These facts raised suspicions that money has been misappropriated from the Foundation, and places those individuals who controlled the Foundation (Jeffrey Bleich, Annette Carnegie, Douglas Winthrop, Ruthe Catolico Ashley, Geoffrey Brown, and others), who “legally” created CaliforniaALL (James Brosnahan, Tony West, Chris Young, Susan Mac Cormac, and Annette Carnegie of the San Francisco office of Morrison & Foerster), who controlled the money (Ophelia Basgal of PG&E; Douglas Winthrop, attorney for PG&E; Jeffrey Bleich, attorney for Verizon Wireless; and Edison (client of James Brosnahan, Tony West, Chris Young, and Annette Carnegie), who controlled CaliforniaALL (Ruthe Ashley, Ophelia Basgal), and who controlled the finances for the Obama for America’s 2008 campaign (Jeffrey Bleich, Tony West, and Chris Young) in a very awkward position.

In my opinion, and based on the information I’ve discovered, it appears that funds were misappropriated and/or laundered through the California Bar Foundation by various individuals through the misuse of CaliforniaALL. Although other potential explanations certainly exist, based on these individuals’ involvement in the “Obama for America” 2008 presidential campaign (as discussed below), one likely possibility is that the funds were unlawfully misdirected to that campaign.

VII. STATE BAR OF CALIFORNIA’S JON STREETER OF KEKER & VAN NEST PRESSES CRIMINAL CHARGES AGAINST YR WITH YOLO COUNTY DISTRICT ATTORNEY; PARTIAL COPY OF DECLARATION OF BRUCE NALIBOFF PRESENTED TO JUDGE TIM FALL

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TO BE CONTINUED.

About Leslie Brodie

Leslie Brodie is a reporter, writer, blogger, activist, and a religious leader in the community.

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  • Working for the Judicial Council and a pattern of racketeering activity 2016/10/31
    The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows […]
    Judicial Council Watcher
  • Is the CJA suddenly an unauthorized collective bargaining unit? 2016/10/27
    (JCW is responsible for retitling this press release)(JCW also feels that this is a great reason to surrender your CJA membership and join the ACJ and no, we’re not judges or affiliated with the ACJ in any manner) October 25, 2016 Last May, the California Judges Association crowed that it had been given “a seat […]
    Judicial Council Watcher
  • What it’s like to work for the AOC 2016/10/18
    This Post will be modified  deleted and replaced to reflect individual experiences from people who have worked for the state agency currently known as the Judicial Council Staff or their predecessor, the AOC. While we currently have a few testimonials , we wanted to give you the opportunity to weigh in anonymously via our private […]
    Judicial Council Watcher
  • The Obligatory Election Post 2016/10/08
    It suffices to state that we were disappointed when the democratic electorate chose not to make Bernie Sanders their candidate. Many of the issues touched on by Sanders are the same issues that ensure the people of Europe economic security. Many countries in Europe offer a free college education. It’s the sole reason that Europe […]
    Judicial Council Watcher
  • Jacobs rushes new law into court, JC (finally) deflates their balloon 2016/10/03
    There goes our promised ten years of funding! On September 9th, the Jacobs cadre of companies rushed their custom crafted legislation into court arguing that they should not be held accountable for being unlicensed and should not be required to pay the people of the State of California back. For twenty one days it appeared […]
    Judicial Council Watcher

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