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Text of Lawsuit (“First Amended Complaint”) Yolo County-based Rabbi Filed Against CPUC’s Michael Peevey, Geoffrey Brown, Keker & Van Nest, John Keker, Chris Young, Voice of OC, Erwin Chemerinsky, Skadden Arps, Mary Ann Todd , Munger Tolles & Olson, Jeff Bleich, Bradley Phillips, Ron Olson, Edison International, Berkshire Hathaway, Douglas Winthrop, Howard Rice, Holly Fujie, Buchalter Nemer, Raj Chatterjee, Morrison & Foerster, James Brosnahan, Thomas Girardi, Richard Tom , Southern California Edison , Wilson Sonsini, Mark Friedman, Fulcrum Properties, Mark Robinson, Arnold Porter, Mark Parnes, CaliforniaALL, Ruthe Catolico Ashley, Larissa Parecki, Morrison England, Torie Flournoy-England, Sarah Redfield, McGeorge School of Law, Cary Martin Zellerbach AKA Mary Ellen Martin Zellerbach, Martin Investment Management, Douglas Scrivner, Accenture, Freada Kapor Klein, Level Playing Field Institute, Ophelia Basgal, Pacific Gas & Electric Company, James Lewis, Verizon Communications, Darrell Steinberg, Kamala Harris, Steve Poizner, James Hsu, Sonnenschein Nath & Rosenthal, Lea Rosenberg, Yolo Lodge 169 Independent Order of Odd Fellows and Davis Rebekah Lodge; Grand Lodge of California, Independent Order of Odd Fellows, Davis Odd Fellows, Soroptimist International of Davis, Soroptimist International, Soroptimist International of the Americas, David Rosenberg, David Reed, Sheryl Cambron, Barbara Geisler, Virgil Smith, Robert Bockwinkel, Michael Cabral, Peter Martin, and Does 1-100

Source @:

http://seenthis.net/messages/231516

PART 1 — INTRODUCTION
1. Plaintiff – an individual residing in Yolo
County who is an investigative reporter and a Rabbi – has been subject
to a campaign of systematic harassment ever since he uncovered
corruption in various matters dealing with the California Public
Utilities Commission; Democratic Party operatives; and Boyd Gaming
Director, owner of various casinos, and class-action attorney Thomas
Girardi (‘Girardi’) of Girardi & Keese in connection with financial
corruption, obstruction of justice, and related acts of misconduct.

2. For example, Plaintiff unearthed the fact that
subsequent to being disciplined by the Ninth Circuit Court of Appeals
stemming from an attempt to defraud the court by resorting to the ‘use
of known falsehoods’, the State Bar of California appointed as
‘special prosecutor’ Girardi’s own private malpractice lawyer (Jerome
Falk of Howard Rice) to prosecute Girardi on the State Bar’s behalf.
(When later questioned about this matter, Falk asserted that his firm
had represented the law firm of Girardi & Keese, but not Girardi
himself.)
3. Plaintiff also discovered corruption in a
national class-action case (Fogel v. Farmers) in which Girardi – who
represented the class of plaintiffs – never disclosed that the
attorneys who represented defendant Farmers (Skadden Arps, Thomas
Nolan, Raoul Kennedy) were concurrently representing Girardi himself
in a separate legal matter. Very shortly after Plaintiff exposed the
corruption, attorneys for Farmers approached, sought and obtained from
the court a supplemental notice to the class of plaintiffs (consisting
of 14 million Americans) indicating that if they cashed their
settlement checks, they agreed to not sue Farmers or Girardi because
of the undisclosed relationship.
4. Plaintiff also unearthed corruption involving
Girardi (who has a reputation of ‘bankrolling’ the California
Democratic party) and individuals associated with the California
Democratic Party with connections to the California Public Utilities
Commission/Energy Commission (Michael Peevey, Tim Simon, Geoffrey
Brown, Peter Arth, Joe Dunn, Martha Escutia, Darrell Steinberg) and
utility lawyers involved in the ‘California Energy Crisis’ (Ron Olson
and Jeff Bleich of Munger Tolles; James Brosnahan of Morrison &
Foerster; John Keker of Keker & Van Nest; Jerry Falk and Douglas
Winthrop of Howard Rice; Thomas Girardi of Girardi & Keese; Joe
Cotchett of Cotchett, Pitre & McCarthy; Mark Robinson of Robinson
Calcagnie Robinson; and the law offices of DLA Piper) to launder money
from utility companies (SCE, PG&E, Verizon, AT&T) to various members
of California’s Democratic Party (Joe Dunn, Martha Escutia, Kamala
Harris, Jerry Brown, Kevin Johnson, Darrell Steinberg) and OBAMA FOR
AMERICA via various non-profits (CaliforniaALL, Level Playing Field
Institute, California Consumer Protection Foundation).
5. Also involved in the various financial schemes were
Cache Creek Casino, Sacramento-based developer Mark Friedman of
Fulcrum Property, his business partner (gambling attorney Howard
Dickstein), and Dickstein’s wife, Jeannine English, who was also
acting on behalf of AARP to position Barack Obama in the White House
and on behalf of Mark Friedman to position Kevin Johnson as the mayor
of Sacramento. Additionally involved were Obama for America tech-guru
Mitch Kapor and his wife, Freada Kapor Klein.
6. In connection with the above discoveries,
Plaintiff informed various law-enforcement agencies of these facts, as
well as filed ethics complaints against some of the above named
attorneys with the State Bar of California.
7. Plaintiff was repeatedly warned that Girardi is
‘well-connected’ and will seek to silence Plaintiff as a result of
Plaintiff’s discoveries and allegations.
8. Indeed, very shortly after Plaintiff unearthed
these events, a posse of eight armed investigators from the Yolo
County District Attorney’s office executed an invalid search warrant
at Plaintiff’s place of residence in Yolo County and confiscated all
documents and computers in his home relating to, inter alia, various
ethics complaints filed by Plaintiff on the ground that the ethics
complaints were baseless.
9. Plaintiff has been informed by credible sources,
and therefore alleges, that David Rosenberg was one of those
responsible for pressing criminal charges against him, that he
‘cleared the way’ for the search warrant, and that he is otherwise
friendly with Howard Dickstein, Mark Friedman, Jerry Brown, Mark
Robinson, and Chief Marshall McKay of Yocha Dehe Wintun Nation (all
actors in CaliforniaALL — a sham non-profit launched for the purpose
of laundering funds to finance the campaigns of various politicians,
including President Obama, Kamala Harris, Kevin Johnson of Sacramento,
and Governor Jerry Brown. )
10. Venue in this case is proper in Yolo County because the acts and
omissions of which Plaintiffs complain occurred in Yolo County.
11. Plaintiff is unaware of the true names and capacities of the
Defendants sued as Does 1 through 100, inclusive, and therefore sues
these Defendants by such fictitious names. Plaintiff is informed and
believes, and therefore alleges, that the Defendants herein designated
as Does are legally responsible in some manner for the events and
happenings referred to which caused the injuries to Plaintiff for
which he now seeks damages. Plaintiff will amend this Complaint to
allege their true names and capacities when ascertained.
12. Plaintiff is informed and believes, and therefore alleges, that
at all times mentioned herein, Defendants were the agents, servants,
employees and/or joint venturers of the other Defendants and were at
all times mentioned herein acting within the scope, course and
authority of this agency, employment and/or joint venture. Plaintiff
is further informed and believes and, therefore alleges, that each of
the Defendants consented to, ratified, participated in, or authorized
the acts of the remaining Defendants.
PART 2: BACKGROUND OF FACTS UNDERLYING CLAIMS AGAINST LEA ROSENBERG
AND RELATED INDIVIDUALS AND ENTITIES FOR VIOLATION OF CALIFORNIA’S
BUSINESS & PROFESSIONS CODE § 17200 — PREDICATED ON 26 U.S. C. §
6104(d)

13. Following the execution of the invalid search
warrant on Plaintiff’s home, described above, Plaintiff began
conducting research into David Rosenberg’s background and learned that
he is a judge with the Yolo County Superior Court with a reputation of
being a ‘political animal’.
14. Plaintiff further learned, and thereupon
alleges, that Judge David Rosenberg and his wife (Lea Rosenberg), as
well as Judge David Reed and his wife (Sheryl Cambron), are deeply
involved — as either officers or directors — with a web of
non-profit entities worth millions of dollars known as Saratoga
Retirement Community, Meadows of Napa Valley, Davis Odd Fellows, Odd
Fellows Homes of California, Davis Rebekah Lodge, Soroptimist
International of Davis, David Odd Fellows Hall, and others. Plaintiff
is informed and believes and therefore alleges that Lea and David
Rosenberg are individuals residing in Yolo County.
15. Later on, Plaintiff also discovered a pattern by
which Lea Rosenberg and Sheryl Cambron — as the wives of two judges –
were energetically raising funds from various businesses for an entity
known as Progress Ranch headed by the foreperson of the Yolo County
Grand Jury, Barbara Sommer. (For example, Davis Odd Fellows
repeatedly held events to benefit Progress Ranch known as ‘Breakfast
with Santa’; Soroptimist International of Davis held an event to
benefit Progress Ranch known as ‘Texas Hold ’Em’; Davis Rebekah Lodge
held an event to benefit Progress Ranch known as ‘Crab Feed.’) During
the time period that Barbara Sommer served as foreperson of the Grand
Jury of Yolo County, the grand jury was investigating two prominent
entities — Cache Creek Casino (a casino which is owned and operated
by Yocha Dehe Wintun nation headed by Marshall Mckay) and ‘First 5
Yolo’ (headed by Yolo County Board of Supervisors member Don Saylor).
16. Judge Rosenberg’s judicial campaign treasurer, Victor
Bucher, is a nationally renowned expert in the area of accounting and
tax fraud, and also serves as the ‘treasurer’ of a separate non-profit
entity launched by David Odd Fellows — Davis Odd Fellows Charities,
Inc. — where David Rosenberg serves as president and Victor Bucher as
Treasurer.
17. On April 4, 2013 — consistent with the
statutory framework put into place by 26 U.S.C. § 6104(d) — Plaintiff
served a request for Davis Odd Fellows and Davis Rebekah Lodge (which
Plaintiff is informed and believes and therefore alleges are
tax-exempt organizations) to make available for inspection their IRS
990 forms.
18. A tax-exempt organization must make available
for public inspection its application for tax exemption, three most
recent 990 annual information returns, and schedules and attachments
available, pursuant to 26 U.S.C. § 6104(d), which reads, in relevant
part:
‘Public inspection of certain annual returns, reports, applications
for exemption, and notices of status
(1) In general
In the case of an organization described in subsection (c) or (d) of
section 501 and exempt from taxation under section 501 (a) or an
organization exempt from taxation under section 527 (a)—
(A) a copy of—
(i) the annual return filed under section 6033 (relating to returns by
exempt organizations) by such organization,
(ii) any annual return which is filed under section 6011 by an
organization described in section 501 (c)(3) and which relates to any
tax imposed by section 511 (relating to imposition of tax on unrelated
business income of charitable, etc., organizations),
(iii) if the organization filed an application for recognition of
exemption under section 501 or notice of status under section 527 (i),
the exempt status application materials or any notice materials of
such organization, and
(iv) the reports filed under section 527 (j) (relating to required
disclosure of expenditures and contributions) by such organization,
shall be made available by such organization for inspection during
regular business hours by any individual at the principal office of
such organization and, if such organization regularly maintains 1 or
more regional or district offices having 3 or more employees, at each
such regional or district office, and
(B) upon request of an individual made at such principal office or
such a regional or district office, a copy of such annual return,
reports, and exempt status application materials or such notice
materials shall be provided to such individual without charge other
than a reasonable fee for any reproduction and mailing costs.
The request described in subparagraph (B) must be made in person or in
writing. If such request is made in person, such copy shall be
provided immediately and, if made in writing, shall be provided within
30 days.
(2) 3-year limitation on inspection of returns
Paragraph (1) shall apply to an annual return filed under section 6011
or 6033 only during the 3-year period beginning on the last day
prescribed for filing such return (determined with regard to any
extension of time for filing).’
19. Plaintiff delivered the request through Lea
Rosenberg because she was the common denominator between the various
‘Odd Fellows’ entities and Soroptimist, in that she served as an
officer and/or director of the various ‘Odd Fellows’ entities, and as
president of Davis Rebekah Lodge.
20. Specifically, on April 4, 2013 Plaintiff
delivered to Lea Rosenberg at learose@jps.net the following email
request:
‘Re: Request for Production of IRS Form 990, Form 990 Schedule A,
Form 1023 to entities associated with Lea Rosenberg, to wit:
Soroptimist International of Davis, Davis Rebekah Lodge, Davis Odd
Fellows

Dear Mrs. Rosenberg:

Consistent with U.S. Internal Revenue Service Regulations, please
consider this communication a formal request to produce their IRS Form
990, Form 990 Schedule A, as well Form 1023. This request is for all
documents submitted to the IRS within the past three years, which
generally means the three most recent returns.

Said regulations require that these documents be produced within 30
days. Soroptimist International of Davis , Davis Rebekah Lodge, Davis
Odd Fellows are entitled to charge reasonable costs for any copying
and mailing costs incurred in relation to this request. Alternatively,
you can email the documents to me as PDF attachments. I prefer the
latter method. However, if for some reason, you prefer to copy and
mail the documents, please send them to the following address:

[—address intentionally omitted—]

I ask that you draw no conclusion or develop any concern from the mere
fact that this request is being made about you, Soroptimist
International of Davis , Davis Rebekah Lodge, Davis Odd Fellows or any
other individual or entity.

In addition, I ask that you please produce the following:
1. A detailed and complete list of all other non-profit entities you
were involved beginning in 2008 to the present.
2. A detailed and complete list of all sums which were transferred
amongst any and all organizations you were involved, beginning in 2008
to the present. For example, if in 2009 Soroptimist International of
Davis transferred money to Davis Odd Fellows either as donation or
rent, I ask that such transaction be disclosed.
3. A detailed and complete list of all direct or indirect transfers of
funds from Soroptimist International of Davis, Davis Rebekah Lodge,
Davis Odd Fellows to Progress Ranch and/or any other entity associated
with Barbara Sommer from 2007 to the present.

Thank you for your time and anticipated cooperation. If you have any
questions, please do not hesitate to contact me.’
21. Plaintiff is informed and believes and therefore alleges
that Lea Rosenberg received Plaintiff’s email dated April 3, 2013.
22. On April 24, 2013, Plaintiff delivered to Lea
Rosenberg a notice of change of address.
23. Plaintiff is informed and believes and therefore alleges
that Lea Rosenberg received Plaintiff’s requests for the
organizations’ IRS 990 forms, and while conspiring with other
Defendants, chose to breach the duty to comply with 26 U.S.C. §
6104(d).
24. Plaintiff is further informed and believes and
therefore alleges that Defendants have directly performed, or aided,
abetted, counseled, commanded, induced, procured, encouraged,
promoted, instigated, advised, willfully caused, participated in,
enabled, contributed to, facilitated, directed, controlled, assisted
in, or conspired in the commission of the above-described acts.
25. Due to this failure to comply with Plaintiff’s
request, Plaintiff spent considerable time and resources trying to
obtain those documents elsewhere, to no avail. Plaintiff asked his
paid research-clerk to conduct further research on the Internet in
hope of locating a complete set of the desired documents, also to no
avail.
26. Still seeking a complete set of the requested
documents, on September 24, 2013 Plaintiff sent Lea Rosenberg the
following email:
“RE: Davis Odd Fellow Hall; Davis Odd Fellow – Second Request for
Production of IRS Documents

Dear Ms. Rosenberg:

The purpose of this communication is to address the following matters:

1. Since you appear to have been involved with Davis Rebekah Lodge,
Davis Odd Fellow, and Sophomoric, I had previously asked you to
produce the IRS tax-returns for those entities.

For reasons which I do not understand, rather than complying with this
simple request (as you are required to do by law given the fact that
those entities are allowed to operate on a ‘tax-exempt’ status), you
have failed to respond. I am therefore reiterating my request that you
comply with the request for these tax returns and produce them to me
within the next 5 days.

As you know, I am troubled by events surrounding the almost exclusive
fundraising to ‘emancipated foster youth’, Barbara Sommer, Davis Odd
Fellow members Jonathan Raven and Michael Cabral, Cache Creek Casino,
Vic Bucher, and Progress Ranch.

I am also troubled by the fact that Judge Rosenberg (and his Judicial
Campaign CPA Vic Bucher) lends money to the judicial campaign of other
judges (i.e. Tim Fall and Dan Maguire). Hence, I would like to get to
the bottom of things, and need the requested tax forms to do so.

2. In the previously submitted request, there was no mention of ‘Davis
Odd Fellow Hall.’ My position and understanding is that Davis Odd
Fellow Hall is part of Davis Odd Fellow.
Nevertheless, please consider this communication a formal request to
also provide copies of the last three tax return forms that ‘Davis Odd
Fellow Hall’ had submitted to the IRS.

3. Given that Davis Odd Fellow, David Odd Fellow Hall, and Davis
Rebekah Lodge are under the exclusive control of you, your husband
David Rosenberg, as well as David Reed and his wife Cheryl Cambron,
and given that both David Rosenberg and David Reed are judges of the
Yolo County Superior Court, I submit that these entities have a duty
to operate at an even higher level of transparency than mandated by
the IRS, and must comply with the common law duty of disclosure.

Thus, in addition to inspecting and copying the documents authorized
by the IRS, I request copies of detailed financial statements (i.e.
income, expenditures, names of donors, names of businesses and amount
of rent Davis Odd Fellow Hall charges its various tenants, identity of
subcontractors, identity of those who have rented the Hall etc.) For
example, my understanding is that David Greenwald (publisher of The
People’s Vanguard of Davis and Vanguard Court Watch) entered into a
contract with Davis Odd Fellow Hall. Given that Mr. Greenwald’s
publications purport to report on misconduct and malfeasance in the
local area, including the courts, it appears to me that there is a
direct conflict between this stated mission and his decision to rent
space from an entity whose Board is comprised of you, and two Yolo
County Superior Court judges.

I am looking forward to hearing from you and receiving the requested documents.”
27. Later that day, Plaintiff received an email
response from Lea Rosenberg stating only the following: ‘so he is at
it again.’
FIRST CAUSE OF ACTION
Violation of California Business and Professions Code § 17200 Predicated on
26 U.S.C. § 6104(d)
(Against Defendants Lea Rosenberg, Yolo Lodge 169 Independent Order of
Odd Fellows and Davis Rebekah Lodge; Grand Lodge of California;
Independent Order of Odd Fellows; Davis Odd Fellows; Soroptimist
International of Davis; Soroptimist International; Soroptimist
International of the Americas; and Does 1 – 100)

28. Plaintiff incorporates paragraph by reference paragraphs 1
– 27 as though fully set forth herein.
29. Despite Plaintiff’s repeated requests,
Defendants failed to comply with 26 U.S.C. § 6104(d). This failure
constitutes unfair and unlawful acts pursuant to California’s Business
& Professions Code § 17200.
30. Plaintiff is informed and believes that
Defendants have directly performed, or aided, abetted, counseled,
commanded, induced, procured, encouraged, promoted, instigated,
advised, willfully caused, participated in, enabled, contributed to,
facilitated, directed, controlled, assisted in, or conspired in the
commission of the above-described acts.
31. As a proximate result of the unfair and unlawful
acts of Defendants, as alleged above, Plaintiff suffered injury in
fact and has lost money or property in an amount to be proven at
trial.
SECOND CAUSE OF ACTION
Negligence Per Se / Torts in Essence
(Against Defendants Lea Rosenberg, Yolo Lodge 169 Independent Order
of Odd Fellows and Davis Rebekah Lodge; Grand Lodge of California;
Independent Order of Odd Fellows; Davis Odd Fellows; Soroptimist
International of Davis; Soroptimist International; Soroptimist
International of the Americas; and Does 1 – 100)

32. Plaintiff incorporates paragraph by reference paragraphs 1
– 31 as though fully set forth herein.
33. Plaintiff is informed and believes and therefore
alleges that Defendants were all aware of Plaintiff’s repeated
requests for the above-described entities’ IRS Form 990 forms, as
described in this Complaint.
34. Plaintiff is further informed and believes and
therefore alleges that Defendants were under a duty to ensure
compliance, yet chose to breach a duty prescribed in 26 U.S.C. §
6104(d). This failure to comply with the statutory requirements
constitutes negligence per se. In the alternative, Plaintiff further
alleges that the failure to comply with the statutory requirements of
26 U.S.C. § 6104(d) constitutes ‘torts in essence’ as a matter of
public policy, because the statute at issue was enacted to benefit
individuals in Plaintiff’s position, and because implied in 26 U.S.C.
§ 6104(d) is a private right of action.
35. As a proximate result of Defendants’ breach of duty,
as alleged above, Plaintiff spent considerable time and resources
trying to obtain those documents elsewhere, to no avail. Plaintiff
asked his paid research-clerk to conduct further research on the
Internet in hope of locating a complete set of the desired documents,
also to no avail. Plaintiff suffered injury in fact and has lost
money or property in an amount to be proven at trial.
36. Plaintiff further alleges that Davis Odd Fellows
owns a Hall (‘Davis Lodge Hall’), on a property adjacent to the two
Lodges, and is the owner (and landlord) of rental property currently
occupied by Hunan Chinese Restaurant and Coldwell-Banker Doug Arnold
Real Estate.
37. The ‘Hall Board Association’ is a California
corporation, and is the actual owner of the Davis Lodge Hall, the
adjacent property of the two Lodges, and the rental property currently
occupied by Hunan Chinese Restaurant and Coldwell-Banker Doug Arnold
Real Estate.
38. The ‘Hall Board Association’ is composed of
President David Rosenberg, Vice President David Reed, Secretary Lea
Rosenberg, Treasurer Sheryl Cambron, and Barbara Geisler.
39. The Davis Lodge Hall is available to rent by the
general public for receptions, fund-raisers, dinners, conferences,
trade shows, meetings, and other events.
40. The Davis Lodge Hall is also used by Davis Odd
Fellows for its own functions, such as Davis Odd Fellows Bingo and
Master Balls.
41. In approximately September 2013, and after the
expenditure of considerable time, resources, and efforts, Plaintiff
managed to ascertain that the actual legal name of Davis Odd Fellows
and David Rebekah Lodge is ‘Yolo Lodge 169 Independent Order of Odd
Fellows and Davis Rebekah Lodge.’ Plaintiff then managed to obtain
partial copies of tax returns that ‘Yolo Lodge 169 Independent Order
of Odd Fellows and Davis Rebekah Lodge’ had submitted to the IRS.
42. Upon reviewing partial copies of the
above-described IRS 990 forms from 2010 and 2011, Plaintiff noted that
false information had been submitted to the IRS on two occasions that
he was able to identify from the incomplete forms. Specifically,
according to those 990 forms, in 2010 David Reed served as the
president of Yolo Lodge 169; serving as the Treasurer of Yolo Lodge
was Sheryl Cambron. Plaintiff is informed and believes and therefore
alleges that Reed and Cambron are married to each other.
43. However, this was not the information provided
to the IRS. The 2010 IRS Form 990 submitted by Yolo Lodge asked, ’Did
any officer, director, trustee, or key employee have a family
relationship or a business relationship with any other officer,
director, trustee, or key employee?’ The form submitted by Yolo Lodge
states, ‘NO.’ Since two of the officers (Reed and Cambron) were
actually married to each other, this is a misrepresentation.
44. In 2011, Yolo Lodge officers submitted false
information to the IRS again, this time involving a different set of
actors — Lea and David Rosenberg, who are married to each other.
Specifically, in 2011 David Rosenberg served as President of Yolo
Lodge; his wife, Lea Rosenberg, served as ‘Secretary’ of Yolo Lodge,
and David Reed served as a board member.
45. The 2011 IRS Form 990 submitted by Yolo Lodge
asked, ’Did any officer, director, trustee, or key employee have a
family relationship or a business relationship with any other officer,
director, trustee, or key employee?’ The form submitted by Yolo Lodge
states, ‘NO.’ Since two of the officers (David Rosenberg and Lea
Rosenberg) were actually married to each other, this is a
misrepresentation.
46. Plaintiff is informed and believes and therefore
alleges that Virgil Smith is a CPA, a member of Davis Odd Fellows, and
a co-conspirator in the submission of these fraudulent tax-returns.
Plaintiff is further informed and believes and therefore alleges that
also responsible for submitting these fraudulent tax-returns were
Davis Odd Fellows officers and directors David Rosenberg, Lea
Rosenberg, David Reed, Sheryl Cambron, Barbara Geisler, and Robert
Bockwinkel.
47. Plaintiff is informed and believes and therefore
alleges that the fraudulent tax-returns were submitted because David
Rosenberg, Lea Rosenberg, David Reed, Sheryl Cambron, Barbara Geisler,
Virgil Smith and Robert Bockwinkel did not want the IRS and the public
to become aware that Sheryl Cambron is married to David Reed, and
because they were concerned that if such relationships (i.e. Lea
Rosenberg is married to David Rosenberg) would be disclosed, it may
trigger an IRS audit.
THIRD CAUSE OF ACTION
Civil Conspiracy to Violate 26 U.S.C. § 6104(d)
(Against Defendants Lea Rosenberg, David Rosenberg, David Reed, Sheryl
Cambron, Barbara Geisler, Virgil Smith; Robert Bockwinkel; and Does 1
– 100)

48. Plaintiff incorporates paragraph by reference paragraphs 1
– 47 as though fully set forth herein.
49. Plaintiff is informed and believes and therefore
alleges that subsequent to Plaintiff’s request to obtain copies of the
relevant IRS forms 990 delivered to Lea Rosenberg as described above,
Defendants Lea Rosenberg, David Rosenberg, David Reed, Sheryl Cambron,
Robert Bockwinkel, Barbara Geisler, and Virgil Smith willfully and
knowingly conspired and agreed among themselves to a scheme by which
they agreed to violate Plaintiff’s legal rights by not complying with
26 U.S.C. § 6104(d) because they were concerned he would discover the
tax-fraud perpetrated on the IRS, as described above; that two Yolo
County judicial officers (Rosenberg and Reed) and an attorney employed
by Yolo County (Cambron) almost exclusively raised funds to support an
entity headed by the Foreperson of the Yolo County Grand Jury; and the
appearance that Davis Odd Fellows has been misused to indirectly curry
favors with the foreperson of Yolo County Grand Jury.
50. Plaintiff is further informed and believes and therefore
alleges that as further overt acts (both lawful and unlawful) by
which to advance the objective of said conspiracy, committed by one or
more of the conspirators pursuant to their common design, were: (a) an
agreement between Defendants to intentionally violate 26 U.S.C. §
6104(d); (b) an agreement to ignore Plaintiff’s repeated requests for
information sought pursuant to this statute; (c) a lawful overt act to
belittle Plaintiff by sending him an email which reads, ‘so he is at
it again’’ and (d) an agreement by Defendants to mislead and defraud
Plaintiff by means of a plan they conceived and executed in which
David Reed falsely stated in writing ‘TO MY KNOWLEDGE DAVIS ODD
FELLOWS HAVE NEVER MADE CONTRIBUTIONS OR PARTICIPATED IN FUND-RAISING
FOR PROGRESS RANCH’. (emphasis added)
51. Plaintiff is further informed and believes and therefore
alleges that Defendants have directly performed, or aided, abetted,
counseled, commanded, induced, procured, encouraged, promoted,
instigated, advised, willfully caused, participated in, enabled,
contributed to, facilitated, directed, controlled, assisted in, or
conspired in the commission of the above-described acts.

PART 3 — Factual Background Dealing with In Re Girardi, Fogel v.
Farmers, CaliforniaALL, Voice of OC
3.1: IN RE GIRARDI
52. In 2010, the United States Court of Appeals for the Ninth Circuit
issued its final ruling in the disciplinary matter of In Re Girardi by
imposing close to $500,000 in sanctions on Walter Lack of Engstrom
Lispcomb & Lack and Thomas Girardi of Girardi & Keese stemming from an
attempt to defraud the court and cause injury to Dole Food Company in
the underlying litigation. Defending Girardi in the matter of In Re
Girardi was Skadden Arps.
53. The court ruled that Walter Lack (who stipulated to Special
Prosecutor Rory Little that his prolonged acts of misconduct were
intentional) and Thomas Girardi intentionally and recklessly resorted
to ‘the persistent use of known falsehoods,’ and that the ‘false
representations’ were made ‘knowingly, intentionally, and recklessly’
during years of litigation.
54. The Ninth Circuit suspended Lack, reprimanded Girardi, and
ordered Girardi and Lack to report their misconduct to the State Bar
of California.
55. The State Bar of California disqualified itself from handling the
matter since Howard Miller (of Girardi & Keese) served at that time as
its president, and had also made the decision to hire then-chief
prosecutor, James Towery.
56. Plaintiff is informed and believes and thereon alleges that both
Joe Dunn (Chief Executive of State Bar of California and a long time
friend and protégé of Girardi) and Chief Justice Ronald George (father
of Eric George — at the time co-counsel with Girardi and Lack in
major class-action cases as part of an ongoing scheme by which Girardi
was bestowing benefits on George) conspired to appoint as ‘Special
Prosecutor’ Jerome Falk of Howard Rice, who they knew would
‘exonerate’ Girardi and Lack.
57. Around the same time, renowned criminal defense attorney Doron
Weinberg opined in the media as follows on the matter of In Re
Girardi: ‘Prosecutors can admit the 9th Circuit’s disciplinary order,
along with the entire record underpinning it’. ‘The State Bar
generally respects the findings and conclusions of other
jurisdictions’.
58. Mr. Falk, in turn, exercised ‘prosecutorial discretion’ and
concluded that he did not believe Lack acted intentionally and that no
charges will be brought against the two attorneys — despite the fact
that Lack had previously stipulated in writing that he acted
‘intentionally.’
59. Within days of Mr. Falk’s decision, Plaintiff filed an ethics
complaint with the State Bar of California against Jerome Falk, James
Towery, Howard Miller, and Douglas Winthrop (managing partner of
Howard Rice and then-elected president of the California Bar
Foundation), alleging that it was improper for Mr. Towery to appoint
Mr. Falk given the close personal relationship between Howard Miller
and Douglas Winthrop. Specifically, Howard Miller — in his capacity
as president of the State Bar — had appointed Douglas Winthrop as
president of the California Bar Foundation.
60. State Bar of California Deputy Executive director Robert Hawley
contacted Plaintiff and informed him that he (Hawley) has been
appointed as ‘contact person,’ and that the matter will be handled by
the entire State Bar of California Board of Governors because one of
the named actors was chief prosecutor James Towery.
61. Specifically, on 12/27/2010 Robert Hawley wrote to Plaintiff in part:
‘On behalf of the State Bar of California its staff and its Board, I
acknowledge receipt of your email message below and the one separately
sent to James Towery, both on December 23, 2010.
In your email message to Mr. Towery you state that you have sent a
written letter of complaint to the Office of the Chief Trial Counsel
(OCTC) Intake Unit. As we have previously advised your colleague
Leslie Brodie, we provide status reports on pending matters involving
OCTC only to individuals who provide verifiable identification
information, including an address. I assume that your written
complaint provides this information. If not, we will not be able to
provide you with further status information on the subject of your
email messages.’
62. At or about that time, Plaintiff was unaware of the fact that
several other Board members had business relationships with Girardi or
other conflicts of interest which they were required to disclose
pursuant to a statute.
63. After several months, Mr. Hawley wrote Plaintiff, informing him
the investigation was closed.
64. A few weeks later, Plaintiff, while researching a separate topic,
discovered that Howard Rice (the firm of Jerome Falk) actually
represented Girardi & Keese and Engstrom Lipscomb & Lack in a
malpractice action only two years prior (Copple v. Astrella & Rice).
65. On August 29, 2011 Plaintiff informed Robert Hawley and the
entire Board of Governors (consisting of, among others, Laura Chick,
Gwen Moore, Dennis Mangers, Jeannine English, George Davis, Alec Chang
of Skadden Arps, Gretchen Nelson of Kreindler & Kreindler, Jon
Streeter of Keker & Van Nest, and Joe Dunn of Voice of OC about the
recent discovery in order to re-open the investigation. Plaintiff is
informed and believes and therefore alleges that, pursuant to an
ongoing conspiracy to obstruct justice in the matter of In Re Girardi
and an ongoing conspiracy to violate Plaintiff’s due process and equal
protection rights, Hawley never replied to Plaintiff’s inquiries, nor
did any member of the Board of Governors.
66. Plaintiff is informed and believes and therefore alleges that
said conspiracy was motivated in part by Democratic Party operatives
such as Joe Dunn and Jeannine English to protect Thomas Girardi
because of financial contributions to the Democratic Party, because
Girardi arranged close to one million in cy pres awards to California
AARP (where Jeannine English served as president), and because several
BOG member had similar conflicts of interest, such as Alec Chang of
Skadden Arps.
67. Plaintiff is informed and believes and therefore alleges that the
various wrong-doers became extremely concerned of the fact that
Plaintiff discovered that Falk represented Girardi & Keese and Walter
Lack, and because of Plaintiff’s whistle-blowing activities and robust
use of his free-speech rights. As such, on December 7, 2011, out of
the blue, Falk – Plaintiff alleges in an attempt to mislead Plaintiff
–- wrote to Plaintiff:
‘I received your November 13 email, sent to me and many others,
concerning my participation in the State Bar’s investigation of Walter
J. Lack, Thomas V. Girardi and other attorneys. It is filled with
disparaging characterizations, all of which seem to stem from your
allegations that I or my firm have represented Mr. Lack and Mr.
Girardi.
Your allegations are false.
I have never represented either person, or their firms. Neither has
Douglas Winthrop. Nor has my firm ever represented Mr. Lack or Mr.
Girardi. From 2006-2008, my firm represented several law firms,
including Engstrom, Lipscomb & Lack and Girardi & Keese, in a
litigation matter. The public records of that litigation show that
neither Mr. Winthrop nor I had nothing to do with that representation;
in fact, I was unaware of it. The public records also show that my
firm represented the law firms, but did not represent Mr. Girardi or
Mr. Lack. The attorney responsible for that representation had left
Howard Rice and taken the files with him before I was asked to serve
as Special Deputy Trial Counsel in the State Bar matter.
You are on notice that your allegations are false. The falsity of
those allegations can be determined from the public records of the
litigation in question. Do not make them again.’
4.2: FOGEL VS. FARMERS:
68. The day after the Ninth Circuit issued the published decision in
the matter of In Re Girardi, respondents’ counsel (Skadden Arps and
Thomas Nolan) moved to redact their names from the decision. The
court rejected the request, noting that redaction was not merited.
69. The peculiar nature of the motion to redact the names of
respondents’ counsel from the published decision of this court
prompted Plaintiff to look into the matter further. Plaintiff then
discovered that, beginning in 2003, Girardi & Keese and Engstrom
Lipscomb & Lack were prosecuting a class action case against Farmers
Insurance Company, which was represented by Skadden Arps. This was a
nationwide class action with estimated damages of close to $15 billion
that had originally been filed by Texas Governor Rick Perry.
70. In March, 2011 Plaintiff submitted an ethics complaint to the
State Bar of California against Skadden Arps and Girardi & Keese for
various acts of misconduct in connection with Fogel v. Farmers Group,
Inc. and the matter of In Re Girardi.
71. The complaint alleged ethical violations stemming from collusion
between the law offices of Girardi & Keese and Skadden Arps based on
the fact that while the matter of Fogel vs. Farmers Group was pending,
the law offices of Skadden Arps and Girardi & Keese entered into a
wholly separate agreement by which Skadden Arps agreed to represent
Girardi & Keese in the matter of In Re Girardi without informing the
class of plaintiffs (consisting of 14 million Americans), nor the
courts (the Ninth Circuit in the matter of In Re Girardi and the Los
Angeles County Superior Court in the matter of Fogel vs. Farmers) of
the concurrent representation by which Skadden Arps represented
Girardi & Keese (in the Ninth Circuit matter), while at the same time
defending Farmers against Girardi and Keese’s clients (in the Fogel
vs. Farmers matter).
72. Shortly after Plaintiff filed this ethics complaint, Skadden Arps
moved ex parte (which, not surprisingly, was unopposed) to amend the
settlement agreement in the Fogel matter and the notice to the class
of 14 million Americans throughout the country to include a proviso by
which members of the class would be prohibited from suing anyone due
to the concurrent representation described above. Nevertheless, the
State Bar of California decided not to take any action on this ethics
complaint.
73. In or around August of 2011, Plaintiff submitted an informal
objection to the proposed Fogel v. Farmers settlement based on the
reasoning described above and contemplated filing an appeal (if
possible) or informally alerting the Court of Appeal of the collusive
arrangement.
4.3: CALIFORNIAALL / VOICE OF OC / OBAMA FOR AMERICA / QUADRIPLEGIC
UC DAVIS LAW STUDENT SARA GRANDA / SEARCH- SEIZURE BY YOLO COUNTY
DISTRCIT ATTORNEY
CaliforniaALL — Voice of OC:
74. While researching the relationship of Girardi & Keese and Howard
Rice and the appointment of Douglas Winthrop as president of the
California Bar Foundation by Howard Miller of Girardi & Keese,
Plaintiff reviewed the California Bar Foundation’s annual reports to
familiarize himself with the names of the Foundation’s board of
directors. Plaintiff stumbled upon the fact that the Foundation ended
2008 close to $500,000 in the negative. Specifically, the Foundation
reported to the IRS that REVENUE LESS EXPENSES in 2007 equaled plus
+$373.842.00. However, in 2008, the Foundation reported to the IRS
that REVENUE LESS EXPENSES equaled minus -$537,712.
75. Plaintiff discovered that the money had been transferred to a
newly-created Section 501(c)(3) non-profit entity (headed by Ruthe
Catolico Ashley — close friend and confidant of Chief Justice Tani
Cantil-Sakayue) known as CaliforniaALL, which obtained hundreds of
thousands of dollars from utility companies PG&E, SCE, AT&T, and
Verizon.
76. In addition to Ruthe Catolico Ashley, CaliforniaALL was
compromised of the following: Larissa Parecki, Morrison England,
Torie Flournoy-England, Sarah Redfield of McGeorge School of Law,
Cary Martin Zellerbach AKA Mary Ellen Martin Zellerbach of Martin
Investment Management, Douglas Scrivner of Accenture, Freada Kapor
Klein of Level Playing Field Institute, Ophelia Basgal of Pacific Gas
& Electric Company, James Lewis of Verizon Communications, Darrell
Steinberg, Kamala Harris, Michael Peevey, Steve Poizner, an James Hsu
of Sonnenschein Nath & Rosenthal-Dentons.
77. Plaintiff is informed and believes and therefore alleges that
CaliforniaALL funneled some portion of the money to the UCI Foundation
–- where State Bar of California Executive Director Joe Dunn, Judicial
Council member Mark Robinson, and Erwin Chemerinsky served as trustees
for the purpose of launching a new entity known as Saturday Law
Academy at UCI. (‘SALUCI’)
78. Plaintiff is informed and believes and therefore alleges that
SALUCI was actually already created in 2005 and was fully operational
before CaliforniaALL arrived on the scene.
Plaintiff further alleges that repeated claims by CaliforniaALL,
including the following, were knowingly false, misleading, and
fraudulent: ‘Our first funded pipeline, the Saturday Academy of Law,
graduated its first class on March 7’; ‘An inspirational welcome
given by Dean Erwin Chemerinsky as 200 guests gathered at the Delhi
Community Center to recognize the first graduating class of the UC
Irvine Saturday Academy of Law. The six-week program, created by UCI’s
Center for Educational Partnerships was made possible by a grant from
CaliforniaALL.’
FOURTH CAUSE OF ACTION
Violation of California Business and Professions Code § 17200
(Against defendants CaliforniaALL, Ruthe Catolico Ashley, Larissa
Parecki, Morrison England, Torie Flournoy-England, Sarah Redfield,
McGeorge School of Law, Cary Martin Zellerbach AKA Mary Ellen Martin
Zellerbach, Martin Investment Management, Douglas Scrivner, Accenture,
Freada Kapor Klein, Level Playing Field Institute, Ophelia Basgal,
Pacific Gas & Electric Company, James Lewis, Verizon Communications,
Darrell Steinberg, Kamala Harris, Michael Peevey, Steve Poizner, James
Hsu, Sonnenschein Nath & Rosenthal-Dentons and Does 1-100)

79. Plaintiff incorporates paragraph by reference paragraphs 1
– 78 as though fully set forth herein.
80. The knowingly false, misleading and fraudulent
claims by which executives and directors of CaliforniaALL took credit
and falsely advertised that CaliforniaALL was instrumental in
launching SALUCI which ‘graduated its first class’ constitutes
unfair and unlawful acts pursuant to California’s Business &
Professions Code § 17200 since SALUCI already came into existence in
2005.
81. Plaintiff is informed and believes and therefore
alleges that Defendants have directly performed, or aided, abetted,
counseled, commanded, induced, procured, encouraged, promoted,
instigated, advised, willfully caused, participated in, enabled,
contributed to, facilitated, directed, controlled, assisted in, or
conspired in the commission of the above-described acts.
82. As a proximate result of the unfair and unlawful
acts of Defendants, as alleged above, Plaintiff suffered injury in
fact and has lost money or property in an amount to be proven at
trial.
83. On February 28, 2011, Plaintiff informed the State Bar Board of
Governors and officially requested an investigation into alleged
fraudulent transactions, financial irregularities, and unlawful
conduct in connection with circumstances surrounding CaliforniaALL.
Later that day, State Bar of California Foundation Director and CPUC
Commissioner Geoffrey Brown sent Plaintiff the following:
‘I am named in the email with the purpose of tying my tenure at the
CPUC and the Foundation to some alleged nefarious activity. The author
of the email is herewith put on notice that I will pursue legal action
if he persists in a claim that I have anything to do with illegal
activity. He is further on notice that I am in no way connected with
the recipient named in the article.’
84. Plaintiff is further informed and believes and therefore alleges
that during his tenure as California Bar Foundation Director, Geoffrey
Brown, as well as Jeff Bleich and Bradley Phillips of Munger Tolles &
Olson, Douglas Winthrop of Howard Rice-Arnold Porter, Holly Fujie of
Buchalter Nemer, and Mark Parnes of Wilson Sonsini caused the
following false and misleading advertisement to appear in the annual
report: California Bar Foundation supported the launching of
CaliforniaALL and, as the project filed for incorporation and
501(c)(3) tax-exempt status, served as CaliforniaALL’s fiscal
sponsor. A collaboration between the California Public Employment
Retirement System, the California Public Utilities Commission, the
California Department of Insurance, and the State Bar of California,
CaliforniaALL was created in an effort to close the achievement gap
among California students from preschool to the profession and,
specifically, to bolster the pipeline of young people of diverse
backgrounds headed for careers in law, financial services, and
technology. Once CaliforniaALL obtained its tax-exempt status and was
able to function as a fully independent nonprofit organization, the
Foundation granted the balance of funds raised for the project –
totaling $769,247 – to the new entity. We thank the following
corporations for their gifts in support of CaliforniaALL: AT & T
,Edison International ,PG & E Corporation Foundation , and Verizon.
85. Plaintiff is further informed and believes and therefore alleges
that the California Bar Foundation never served as the ‘fiscal
sponsor’ of CaliforniaALL. Plaintiff is further informed and believes
and therefore alleges that that AT&T, Edison International, PG & E
Corporation Foundation, and Verizon never used the California Bar
Foundation as a ‘fiscal sponsor’, and any and all funds from AT & T,
Edison International, PG & E Corporation Foundation, and Verizon went
directly to CaliforniaALL.
FIFTH CAUSE OF ACTION
Violation of California Business and Professions Code § 17200
(Against Defendants Geoffrey Brown, Jeff Bleich , Bradley Phillips,
Munger Tolles & Olson, Douglas Winthrop, Howard Rice, Arnold Porter,
Holly Fujie, Buchalter Nemer, Mark Parnes, Wilson Sonsini and Does
1-100)

86. Plaintiff incorporates paragraph by reference paragraphs 1
– 85 as though fully set forth herein.
87. The knowingly false, misleading and fraudulent
claims by which executives and directors of the California Bar
Foundation falsely asserted that $769,247 originated from AT&T, Edison
International, PG & E Corporation Foundation, and Verizon constitute
unfair and unlawful acts pursuant to California’s Business &
Professions Code § 17200.
88. Plaintiff is informed and believes that
Defendants have directly performed, or aided, abetted, counseled,
commanded, induced, procured, encouraged, promoted, instigated,
advised, willfully caused, participated in, enabled, contributed to,
facilitated, directed, controlled, assisted in, or conspired in the
commission of the above-described acts.
89. As a proximate result of the unfair and unlawful
acts of Defendants, as alleged above, Plaintiff suffered injury in
fact and has lost money or property in an amount to be proven at
trial.

90. Plaintiff is informed and believes and therefore alleges that a
significant portion of the $769,247 from the California Bar Foundation
to CaliforniaALL ended up financing a newly-created online publication
which Joe Dunn had launched with the help of Thomas Girardi, James
Brosnahan of Morrison & Foerster (attorney for CaliforniaALL) and
Erwin Chemerinsky — this online publication is known as “Voice of OC.
91. Plaintiff requested that Voice of OC provide him with copies of
its IRS 990 forms. Voice of OC did not comply with applicable IRS
regulations in that it failed to reply to Plaintiff’s request for
copies, whereupon Plaintiff filed a complaint against Voice of OC and
Joe Dunn with the IRS.
92. The IRS promptly sent Plaintiff notice acknowledging the
complaint against Voice of OC.
93. Very shortly after Plaintiff had complained to the IRS, the FBI
arrested Kinde Durkee — CPA for Voice of OC — on unrelated charges.
94. Plaintiff is informed and believes and therefore alleges that
CaliforniaALL was also misused to finance the election campaigns of
Kevin Johnson, Kamala Harris, Jerry Brown, and Barack Obama,
specifically by the following actors:
Morrison & Foerster: James Brosnahan (self-proclaimed ‘mastermind’
behind the Democratic Party; member of OBAMA FOR America’s California
Finance Committee; Legal Counsel for CaliforniaALL ); Tony West (OBAMA
FOR America’s Chair of California’s Finance Committee); Chris Young —
later of Keker & Van Nest (OBAMA FOR America’s Northern California
Deputy Finance Director); Annette Carnegie (former director of the
California Bar Foundation during the transfer of the approximately
$780,000 to CaliforniaALL).
Munger Tolles & Olson: Jeffrey Bleich (president of the State Bar of
California, director of the California Bar Foundation, and founding
member and Chair of OBAMA FOR America’s National Finance Committee);
Brad Phillips (2007- 2008 Director of the California Bar Foundation
which served as a ‘financial sponsor’ to CaliforniaALL on behalf of
Verizon Wireless and Southern California Edison, both clients of
Munger Tolles & Olson); Ron Olson (member of OBAMA FOR AMERICA;
Berkshire Hathaway and Edison Director).
Wilson Sonsini: Mark Parnes (2007-2008 director and Secretary of the
California Bar Foundation); John Roos (former CEO of Wilson Sonsini
and member of OBAMA FOR America’s National Finance Committee).
DLA Piper: Steven Churchwell of DLA Piper in Sacramento (Treasurer,
draft committee of OBAMA FOR AMERICA; firm where CaliforniaALL
resided free of charge); Gilles Attia.
Laura Chick (member of the State Bar of California Board of Governors
and OBAMA FOR AMERICA).
Kamala Harris (Co-Chair, OBAMA FOR AMERICA and member of
CaliforniaALL Advisory Council).
Freada Klein Kapor (member of CaliforniaALL board of directors; OBAMA
FOR America’s phone bank located at The Kapor Center).
Chris Young, Mark Friedman of Fulcrum Properties, and business
partner Marshall McKay of Cache Creek Casino on behalf of Barack
Obama.
Chris Young, Mark Friedman of Fulcrum Properties on behalf of Kevin Johnson.
ETHICS COMPLAINT IN RE UC DAVIS LAW STUDENT SARA GRANDA:
95. In May 2009, U.C. Davis School of Law quadriplegic law student
Sara Granda graduated from and hoped to sit for the July 2009 bar
exam.
96. The California’s Department of Rehabilitation paid the exam fee
for Granda with a check, and Granda was assured that she was properly
registered. However, the State Bar of California never processed
Granda’s application because the Department of Rehabilitation paid the
fee with a check, rather than a credit card.
97. Granda filed a suit in federal court seeking an injunction
directing the State Bar of California to allow her to sit for the bar
exam. The action was titled Sara Granda v. the State Bar of
California (Case Number 2:09-cv-02015-MCE). The State Bar of
California was represented by Mark Torres Gil, Rachel Grunberg, and
Lawrence Yee. The matter was adjudicated by Judge England of the
Eastern District of California, who promptly dismissed it.
98. During the course of presiding over the Granda case, Judge
England never disclosed to Granda that he and his wife (Torie
Flournoy-England) are part and parcel of an entity known as
CaliforniaALL — which had just obtained close to $800,000 from the
State Bar of California — headed by executive-director Judy Johnson,
who is also part of CaliforniaALL. Similarly neither did the State
Bar of California, Judy Johnson, Mark Torres Gil, Rachel Grunberg, or
Lawrence Yee provide this information to Granda.
99. On May 31, 2011, Plaintiff advanced an ethics complaint against
State Bar of California attorneys Lawrence Yee, Mark Torres-Gil,
Rachel Grunberg, Judy Johnson, and Holly Fujie.
100. The complaint alleged misconduct due to the failure of the
above-named attorneys to disclose to Plaintiff Granda the nature of
the close personal relationship between the State Bar of California,
CaliforniaALL, Judy Johnson, Judge England and his spouse — Terrie
Flournoy-England.
101. Plaintiff alleges the entire complaint filed by him was
factually accurate, truthful, and was brought in good faith.
Accompanying the complaint dated May 31 2011 were 11 exhibits in
support.
102. Plaintiff is informed and believes and therefore alleges that
the State Bar of California received said complaint and rather than
assign an outside investigator due to the fact it was against their
own attorneys, summarily dismissed it.
103. On July 28, 2011, State Bar employee Jill Sperber wrote to
Plaintiff informing him that:
‘I have determined that your complaint fails to present stuffiest
facts to substantiate an investigation.’
“The State Bar had no involvement with CaliforniaALL once it was
incorporated and operating.”
‘Several of the informational items that you list are not factually
accurate a) CaliforniaALL and State Bar are partners and B) a sub-rosa
transfer of funds from State Bar to CaliforniaALL took place.’
104. Sperber never alleged that the complaint filed by Plaintiff was
frivolous or ‘without merit.’
105. Plaintiff submits that the 11 exhibits accompanying his
complaint showed beyond any doubts that the California Bar and
CaliforniaALL were partners, and that State Bar executive directors
(Judy Johnson) and employee Patricia Lee were part of CaliforniaALL.
As such, Plaintiff is informed and believes and thereon alleges that
the claim by Ms. Sperber that ‘The State Bar had no involvement with
CaliforniaALL once it was incorporated and operating’ is false, that
the State Bar Board of Governors continued to appoint directors to
CaliforniaALL, and that CaliforniaALL never acknowledged the
approximate $780,000 it obtained from the California Bar Foundation,
demonstrating that the transfer was sub-rosa.
Search-Seizure of CaliforniaALL Evidence By Investigators From Yolo
County District Attorney
106. On February 23, 2012, eight armed investigators from the Yolo
County District Attorney’s office arrived at Plaintiff’s place of
residence, searched the premises, and confiscated two computers, flash
drives, and documents pursuant to an invalid search warrant issued by
Yolo County Superior Court Judge Timothy Fall.
107. The invalid search warrant listed the names of Joe Dunn (of
Voice of OC) ,Thomas Girardi (of Voice of OC, In Re Girardi) , Judy
Johnson, Holly Fujie, Alec Chang of Skadden Arps, James Towery,
Howard Dickstein, Jeannine English, and State Bar attorneys Mark
Torres Gil, Lawrence Yee, and Rachel Grunberg.
108. Plaintiff is informed and believes, and therefore alleges that
accompanying the DA officers was a private citizen named Tom Layton.
109. Plaintiff was told that by the investigators and Michael Cabral
that the State Bar Board of Governors was pressing criminal charges
against Plaintiff for, among other things, violations of B & P
Section 6043.5 (filing false and malicious ethics complaints) because
of the ethics complaint Plaintiff submitted in connection with U.C.
Davis School of Law quadriplegic law student Sara Granda.
110. Plaintiff is informed and believes, and therefore alleges that,
in approximately early 2011, once Plaintiff unearthed the various acts
of misconduct described above — such as In Re Girardi, Fogel v.
Farmers, Voice of OC, and especially fraud dealing with CaliforniaALL
(an entity Plaintiff is informed and believes and therefore alleges
was launched, represented, directed, or benefited by extremely
powerful politicians such as California Attorney General Kamala
Harris, Jerry Brown, Darrel Steinberg, Kevin Johnson, Joe Dunn, and
Obama for America; governmental officials such as CPUC’s Michael
Peevey, Geoffrey Brown; powerful law firms such as DLA Piper, Morrison
& Foerster, Munger Tolles, Dentons, and Girardi & Keese; major utility
companies such as PG&E, Verizon, and Southern California Edison; major
corporations such as Accenture, Fulcrum Property/Mark Friedman, Cache
Creek Casino/Marshall McKay, LPFI/ Freada Kapor; and members of the
California Judicial Council (such as Mark Robinson, Tani Cantil), an
understanding was reached to silence Plaintiff at any cost, to
retaliate against him because of his speech-related activates, to try
to intimidate him, and to confiscate all the incriminating evidence he
had gathered.
111. Plaintiff is also informed and believes and therefore alleges
that Jon Streeter of Keker & Van Nest — a ‘bundler’ for Barack Obama
who served as president of the State Bar of California and was aware
of Plaintiff’s discovery of CaliforniaALL due to the fact that
Plaintiff requested documents and sought an investigation —
immediately informed Keker & Van Nest, John Keker and associate Chris
Young of Plaintiff’s discoveries.
112. Plaintiff is informed and believes and therefore alleges that
Keker & Van Nest associate Chris Young — who caused the launching of
CaliforniaALL two years prior while serving as Obama for America
California Deputy Finance Director, and who later worked with Jeffrey
Bleich as White House Adviser, and who later worked with Mark
Friedman on the election campaign of Kevin Johnson — panicked. As
such, Chris Young’s attorney profile was quickly removed from the
KVN.COM web-site. This fraud was only discovered by Plaintiff months
later.
Specifically, Plaintiff is informed and believes and therefore alleges
that State Actor Streeter, who also served as a Director of the
California Bar Foundation, conspired with nongovernmental agents of
CaliforniaALL, original actors Freada Kapor and Mary Ann Todd of
Munger Tolles (on behalf of Jeff Bleich, Bradley Phillips, Ron Olson,
Edison International, Berkshire Hathaway), Douglas Winthrop of Howard
Rice, Holly Fujie of Buchalter Nemer, Raj Chatterjee of Morrison &
Foerster, and Richard Tom of Southern California Edison to injure
Plaintiff, to retaliate against him because of his speech-related
activates, and to confiscate all the incriminating evidence he had
gathered.
113. Plaintiff is informed and believes and therefore alleges that
Streeter — who served as a ‘bundler’ for Barack Obama’s campaign —
was also motivated to silence Plaintiff lest information he possessed
would cause President Obama to lose his re-election bid.
114. Plaintiff is also informed and believes and therefore alleges
that Joe Dunn reached an understanding with Erwin Chemerinsky of
Voice of OC, as well as original Voice of OC directors Thomas Girardi
and James Brosnahan of Morrison & Forester, to misuse his authority as
a state actor to silence and retaliate against Plaintiff.
115. Plaintiff is also informed and believes and therefore alleges
that James Brosnahan of Morrison & Foerster and Jon Streeter of Keker
& Van Nest met with Judicial Council members Tani Cantil, David
Rosenberg, Angela Davis, and Mark Robinson to discuss potential
courses of action. Plaintiff is further informed and believes and
therefore alleges that, during said meeting, an agreement was reached
by which David Rosenberg — who also serves as a judge with the Yolo
County Superior Court — would ‘clear the way’ for the issuance of a
search warrant of Plaintiff’s home lacking in probable cause.
Moreover, Plaintiff is also informed and believes and therefore
alleges that due to concerns of leaks by disc rental Judicial Council
employees expressed by Tani Cantil, Rosenberg agreed to unlawfully
arrange for the search warrant to also include the names of Joseph
Dunn and Starr Babcock in order to ascertain Plaintiff’s sources of
information, if any.
116. As such, Plaintiff is informed and believes and therefore
alleges that, acting to serve their own financial interest and on
behalf of CaliforniaALL actors named above and pursuant to a
widespread conspiracy between private citizens and state actors, and
while acting under color of state law, the entire State Bar of
California Board of Governors (including Jon Streeter of Keker & Van
Nest — acting also pursuant to a separate conspiracy with KVN, John
Keker, Chris Young, Mark Friedman of Fulcrum Property), and California
Bar Foundation directors Mary Ann Todd , Holly Fujie, Douglas
Winthrop; Joe Dunn of Voice of OC, Jeannine English and George Davis
of AARP, Laura Chick of Obama for America, Alec Chang of Skadden Arps
–- acting on behalf client Tom Girardi, Gretchen Nelson of Kreindler &
Kreindler) chose to adopt a plan by which they would unlawfully use
the fact that they are also clothed with the authority of state law to
knowingly and maliciously press false criminal charges against
Plaintiff for the alleged violation of California Business &
Professions 6043.5 which reads:
(a)Every person who reports to the State Bar or causes a complaint to
be filed with the State Bar that an attorney has engaged in
professional misconduct, knowing the report or complaint to be false
and malicious, is guilty of a misdemeanor.
(b)The State Bar may, in its discretion, notify the appropriate
district attorney or city attorney that a person has filed what the
State Bar believes to be a false and malicious report or complaint
against an attorney and recommend prosecution of the person under
subdivision (a).
117. Plaintiff is informed and believes and therefore alleges that
the objective of the conspiracy was to knowingly and maliciously
submit a false criminal complaint to the Yolo County District Attorney
against Plaintiff, and for a search/seizure to be executed on
Plaintiff’s home to confiscate all evidence he had gathered in regard
to the above-described matters, and in order to retaliate and
intimidate him into silence, especially in matters dealing with In Re
Girardi, Fogel v. Farmers, Voice of OC, and CaliforniaALL.
118. Plaintiff is informed and believes and therefore alleges that
around February of 2012, as an overt act in furtherance of said
conspiracy, representatives of the State Bar of California knowingly,
maliciously, and without probable cause pressed false criminal charges
against Plaintiff alleging, inter alia, violation of California
Business & Professions 6043.5
SIXTH CAUSE OF ACTION
Violation of California Business and Professions Code § 17200
Predicated on California Penal Codes 148.5 and 182
(Against Defendants Keker & Van Nest, John Keker, Chris Young, Voice
of OC, Erwin Chemerinsky, Skadden Arps, Freada Kapor Klein, Mary Ann
Todd, Munger Tolles, Jeff Bleich, Bradley Phillips, Ron Olson, Edison
International, Berkshire Hathaway, Douglas Winthrop, Howard Rice,
Holly Fujie, Buchalter Nemer, Raj Chatterjee, Morrison & Foerster,
James Brosnahan, Richard Tom, Southern California Edison, Wilson
Sonsini, Mark Friedman, Fulcrum Properties, Mark Robinson, and Does 1
– 100)

119. Plaintiff incorporates paragraph by reference paragraphs 1 – 118
as though fully set forth herein.
120. Plaintiff is informed and believes and therefore
alleges that Defendants willfully and knowingly conspired and agreed
among themselves to a scheme by which they agreed to violate
Plaintiff’s legal rights in violations of California Penal Codes 148.5
and 182. This constitutes unfair and unlawful acts pursuant to
California’s Business & Professions Code § 17200.
121. Plaintiff is informed and believes that Defendants have directly
performed, or aided, abetted, counseled, commanded, induced, procured,
encouraged, promoted, instigated, advised, willfully caused,
participated in, enabled, contributed to, facilitated, directed,
controlled, assisted in, or conspired in the commission of the
above-described acts.
122. As a proximate result of the unfair and unlawful acts
of Defendants, as alleged above, Plaintiff suffered injury in fact and
has lost money or property in an amount to be proven at trial.
__________________________________

123. Plaintiff is informed and believes and therefore alleges that on
February 21, 2012 Chief Investigator of Yolo County District Attorney
Bruce Naliboff presented to Yolo County Superior Court Judge Timothy
Fall an invalid and meaningless ‘Statement of Probable Cause’ in
support of a search warrant stating, inter alia, that a search of
Plaintiff’s residence and vehicle may reveal both written and
electronically recorded information of criminal conduct because
Plaintiff’s ethics complaint dealing with Sara Granda constituted a
misdemeanor in violation of B & P Section 6043.5, filing false and
malicious ethics complaints.
124. Plaintiff is informed and believes and therefore alleges that in
seeking to obtain a search warrant in connection with the ethics
complaint, Naliboff was acting pursuant to false advice and
information he obtained from Assistant District Attorney Michael
Cabral, who knew no probable cause existed in support of this claim.
125. Plaintiff is informed and believes and therefore alleges that
Cabral knew that no probable cause existed to seek a search warrant in
connection with the ethics complaint filed by Plaintiff and, further,
that he knew that the ethics complaint submitted by Plaintiff were (a)
valid, truthful, and meritorious; (b) protected by the First
Amendment; (c) did not constitute a crime warranting the search and
seizure of Plaintiff’s property; and (d) did not contain any facts
whatsoever to suggest that they were ‘false and malicious’.
126. Plaintiff is informed and believes and therefore alleges that
Cabral intentionally misled Naliboff, who in turn, misled Judge Falk
into believing there had been a WRITTEN criminal complaint originating
from the State Bar of California against Plaintiff when no such
WRITTEN complaint existed.
127. Plaintiff is informed and believes and therefore alleges that,
nevertheless, Cabral deliberately and maliciously instructed Naliboff
to seek a search warrant while misleading Naliboff and by giving him
false legal advice that probable cause existed to support the warrant,
despite the fact that there was absolutely no corroborating evidence
in support of probable cause.
128. Plaintiff is informed and believes and therefore alleges that
Cabral allowed investigators to bring along a private citizen (Tom
Layton) during the execution of the warrant on February 23, 2012.
129. During the search, which lasted approximately three hours,
Cabral constantly called the deputies executing the warrant with
questions and instructions. Plaintiff is informed and believes and
therefore alleges that Cabral also directed, participated, and
controlled the actual search and seizure.
130. During the search of Plaintiff’s home, investigator Peter Martin
stated to Plaintiff that all documents referring to the State Bar of
California will be confiscated. Despite protests from Plaintiff,
Martin confiscated documents sent to Plaintiff by the IRS in
connection with a complaint he had made against Voice of OC and
CaliforniaALL.
131. Plaintiff asked Martin why he was taking all those documents,
and Martin stated that any and all documents referencing or relating
to the State Bar of California are being confiscated. When Plaintiff
pointed out to him that the document issued by the IRS mentions
neither the State Bar of California nor any person listed on the
warrant, Martin stated that the document would be confiscated
nevertheless.
132. During the interaction with Martin, Plaintiff felt intimidated
and threatened, and retaliated against because Plaintiff exercised his
First Amendment right to complain against Voice of OC to the IRS.

SEVENTH CAUSE OF ACTION
BANE ACT, CAL. CIV. CODE § 52.1
(Against defendants Keker & Van Nest, John Keker, Chris Young, Voice
of OC, Erwin Chemerinsky, Skadden Arps, Freada Kapor Klein, Mary Ann
Todd , Munger Tolles, Jeff Bleich, Bradley Phillips, Ron Olson,
Edison International, Berkshire Hathaway, Douglas Winthrop, Howard
Rice, Holly Fujie, Buchalter Nemer, Raj Chatterjee, Morrison &
Foerster, James Brosnahan, Thomas Girardi, Richard Tom , Southern
California Edison , Wilson Sonsini, Mark Friedman, Fulcrum Properties,
Mark Robinson, and Does 1 – 100 )

133. Plaintiffs reallege and incorporate here the allegations in
Paragraphs 1-132 above, as
though fully set forth.

134. Defendants’ above-described conduct constitute interference, by
threats, intimidation, and coercion, with Plaintiffs’ exercise and
enjoyment of his freedom of expression rights secured by the
Constitution and laws of the United States and California, in
violation of California Civil Code § 52.1. Specifically, defendants
set in motion a course of action with the intent to retaliate,
intimidate, and suppress Plaintiff exercise of those rights.

135. Plaintiff is informed and believes that Defendants have directly
performed, or aided, abetted, counseled, commanded, induced, procured,
encouraged, promoted, instigated, advised, willfully caused,
participated in, enabled, contributed to, facilitated, directed,
controlled, assisted in, or conspired in the commission of the
above-described acts.

136. As a proximate result of the unfair and unlawful acts of
Defendants, as alleged above, Plaintiff suffered injury in fact and
has lost money or property in an amount to be proven at trial.
Plaintiff is informed and believes and thereon alleges that David
Rosenberg conspired with Michael Cabral to add the names of Starr
Babcock and Joseph Dunn to the search warrant in order to also
intimidate and silencePlaintiff. Plaintiff had never committed any
alleged crimes against Joseph Dunn or Starr Babcock, and there was no
probable cause to include the names of Starr Babcock and Joseph Dunn
in the search warrant.

137. Plaintiff is informed and believes and thereon alleges that, if
Judge Falk had not been misled and had been presented with the
complete truth when the DA’s office was seeking the search warrant for
Plaintiff’s home, Judge Falk would not have signed the search warrant
in connection with the ethics complaint or with the names of Starr
Babcock and Joseph Dunn.

EIGHTH CAUSE OF ACTION
42 U.S.C. § 1983 – Violation of First Amendment/Free Speech Rights
(Against Defendants Keker & Van Nest, John Keker, Chris Young, Voice
of OC, Erwin Chemerinsky, Skadden Arps, Freada Kapor Klein, Mary Ann
Todd , Munger Tolles, Jeff Bleich, Bradley Phillips, Ron Olson,
Edison International, Berkshire Hathaway, Douglas Winthrop, Howard
Rice, Holly Fujie, Buchalter Nemer, Raj Chatterjee, Morrison &
Foerster, James Brosnahan, Thomas Girardi, Richard Tom , Southern
California Edison , Wilson Sonsini, Mark Friedman, Fulcrum Properties,
Mark Robinson, and Does 1 – 100 )

138 Plaintiff incorporates paragraph by reference paragraphs 1 –
137 as though fully set forth herein.

139. Defendants’ above-described conspiracies between state and
private actors, as well as the misuse of state power, and the attempt
to silence Plaintiffs constitute interference with his freedom of
expression rights secured by the Constitution and laws of the United
States and California, in violation of 42 USC 1983. .

140. Plaintiff is informed and believes that Defendants have directly
performed, or aided, abetted, counseled, commanded, induced, procured,
encouraged, promoted, instigated, advised, willfully caused,
participated in, enabled, contributed to, facilitated, directed,
controlled, assisted in, or conspired in the commission of the
above-described acts.

141. As a proximate result of the unfair and unlawful acts of
Defendants, as alleged above, Plaintiff suffered injury in fact and
has lost money or property in an amount to be proven at trial.
Plaintiff is informed and believes and thereon alleges that David
Rosenberg conspired with Michael Cabral to add the names of Starr
Babcock and Joseph Dunn to the search warrant. Plaintiff had never
committed any alleged crimes against Joseph Dunn or Starr Babcock, and
there was no probable cause to include the names of Starr Babcock and
Joseph Dunn in the search warrant.

142. Plaintiff is informed and believes and thereon alleges that, if
Judge Falk had not been misled and had been presented with the
complete truth when the DA’s office was seeking the search warrant for
Plaintiff’s home, Judge Falk would not have signed the search warrant
in connection with the ethics complaint or with the names of Starr
Babcock and Joseph Dunn.

NINTH CAUSE OF ACTION
42 U.S.C. § 1983 – Predicated on Fourth Amendment Rights/Unreasonable
Search and Seizure
(Against Defendants Michael Cabral, Peter Martin, David Rosenberg,
and Does 1-100)

143 Plaintiffs reallege and incorporate here the allegations in
Paragraphs 1-142 above, as
though fully set forth.

144. Defendants’ above-described conduct has violated and continues
to violate Plaintiffs’ right to be free from unreasonable searches and
seizures under the fourth amendment to the US Constitution..
As a result of Defendant’s actions, Plaintiff has been injured in an
amount to be proven at trial.

WHEREFORE, Plaintiff respectfully requests judgment
against Defendants as follows:
1. For general and special damages under all causes of action where
available by law;
2. For costs of suit;
3. For prejudgment interest;
4. For an injunction directing Defendants to comply with 26 U.S.C. §
6104(d); and
5. For such other and further relief as the Court may deem just and proper.
Plaintiff also demands a jury trial in this matter.
DATED: February 24, 2014

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Redacted Text of Lawsuit YR Filed In Yolo County Superior Court Against Lea Rosenberg, Yolo Lodge 169 Independent Order of Odd Fellows and Davis Rebekah Lodge; Grand Lodge of California; Independent Order of Odd Fellows; Davis Odd Fellows; Soroptimist International of Davis; Soroptimist International; Soroptimist International of the Americas; David Rosenberg; David Reed; Sheryl Cambron; Barbara Geisler; Virgil Smith; Robert Bockwinkel; Jonathan Raven; Allison Zuvela; Michael Cabral; Tracie Olson; Kathleen White

Source @: http://seenthis.net/messages/225095

Plaintiff,

v.

Lea Rosenberg, Yolo Lodge 169 Independent Order of Odd Fellows and Davis Rebekah Lodge; Grand Lodge of California; Independent Order of Odd Fellows; Davis Odd Fellows; Soroptimist International of Davis; Soroptimist International; Soroptimist International of the Americas; David Rosenberg; David Reed; Sheryl Cambron; Barbara Geisler; Virgil Smith; Robert Bockwinkel; Jonathan Raven; Allison Zuvela; Michael Cabral; Tracie Olson; Kathleen White; and Does 1 through 100, inclusive,

Defendants.

1. Plaintiff – an individual residing in Yolo County, an investigative reporter and a Rabbi — has been subject to a campaign of systemic harassment ever since he uncovered corruption in various matters dealing with Boyd Gaming Director, owner of various casinos, and class-action attorney Thomas Girardi (“Girardi”) of Girardi & Keese in connection with financial corruption involving California Democratic Party operatives.

2. For example, Plaintiff unearthed the fact that subsequent to being disciplined by the Ninth Circuit Court of Appeals stemming from an attempt to defraud the court by resorting to the ‘use of known falsehoods’, the State Bar of California appointed as ‘special prosecutor’ to Girardi’s own private malpractice lawyer (Jerome Falk of Howard Rice) to prosecute Girardi on the State Bar’s behalf. (When later questioned about this matter, Falk, seeking to mislead Plaintiff, told Plaintiff that his firm had represented the law firm of Girardi & Keese, but not Girardi himself.)
3. Plaintiff also discovered corruption in a national class-action case (Fogel v. Farmers) whereas Girardi – who represented the class of plaintiffs – never disclosed that the attorney who represented defendant Farmers was concurrently representing Girardi in a separate legal matter. Very shortly after Plaintiff exposed the corruption, attorneys for Farmers approached, sought and obtained from the court a supplemental notice to the class of plaintiffs (consisting of 14 million Americans) indicating that if they cashed their settlement checks, they agreed to not sue Farmers or Girardi because of the undisclosed relationship.

4. Plaintiff also unearthed corruption involving Girardi (who has a reputation of ‘bankrolling’ the California Democratic party) and individuals associated with the California Democratic Party with connections to the California Public Utilities Commission/Energy Commission (Michael Peevey, Tim Simon, Geoffrey Brown, Peter Arth, Joe Dunn, Martha Escutia, Darrell Steinberg) and utility lawyers involved in the ‘California Energy Crisis’ (Ron Olson and Jeff Bleich of Munger Tolles; James Brosnahan of Morrison & Foerster; John Keker of Keker & Van Nest; Jerry Falk and Douglas Winthrop of Howard Rice; Thomas Girardi of Girardi & Keese; Joe Cotchett of Cotchett, Pitre & McCarthy; Mark Robinson of Robinson Calcagnie Robinson, and the law-offices of DLA Piper) to launder money from utility companies (SCE, PG&E, Verizon, AT&T) to various members of California Democratic Party (Joe Dunn, Martha Escutia, Kamala Harris, Jerry Brown, Kevin Johnson, Darrell Steinberg) and OBAMA FOR AMERICA via various non-profits (CaliforniaALL, Level Playing Field Institute, California Consumer Protection Foundation).

5. Also involved in the various financial schemes were Cache Creek Casino, Sacramento-based developer Mark Friedman of Fulcrum Property, his business partner (gambling attorney Howard Dickstein), and Dickstein’s wife, Jeannine English, who was also acting on behalf of AARP to position Barack Obama in the White House and on behalf of Mark Friedman to position Kevin Johnson as the mayor of Sacramento. Additionally involved were Obama for America tech-guru Mitch Kapor and his wife, Freada Kapor Klein.

6. In connection with the above discoveries, Plaintiff informed various law-enforcement agencies of these facts, as well as filed ethics complaints against some of the above named attorneys with the State Bar of California.

7. Plaintiff has been repeatedly warned that Girardi is ‘well-connected’ and will seek to silence Plaintiff as a result of Plaintiff’s discoveries and allegations.

8. Indeed, very shortly after Plaintiff unearthed these events, a posse of eight armed investigators from the Yolo County District Attorney’s office executed an invalid search warrant at Plaintiff’s place of residence in Yolo County and confiscated all documents and computers in his home relating to, inter alia, various ethics complaints filed by Plaintiff on the ground that the ethics complaints were baseless.

9. Plaintiff has been informed by credible sources, and thereon alleges, that David Rosenberg was one of those responsible for pressing criminal charges against him, that he ‘cleared the way’ for the search warrant, and that he is otherwise friendly with Howard Dicsktein, Mark Friedman, Jerry Brown, Mark Robinson, and Chief Marshall McKay of Yocha Dehe Wintun Nation (all actors in CaliforniaALL — a sham non-profit launched for the purpose of laundering funds to finance the campaigns of various politicians, including President Obama, Kamala Harris, Kevin Johnson of Sacramento, and Governor Jerry Brown.

PART II: BACKGROUND OF FACTS UNDERLYING CLAIMS AGAINST LEA ROSENBERG AND RELATED INDIVIDUALS AND ENTITIES FOR VIOLATION OF CALIFORNIA’S BUSINESS & PROFESSIONS CODE § 17200 — PREDICATED ON 26 U.S.C. § 6104(d)

10. Following the execution of the invalid search warrant on Plaintiff’s home, described above, Plaintiff began conducting research into David Rosenberg’s background and learned that he is a judge with the Yolo County Superior Court with a reputation of being a ‘political animal’.
11. Plaintiff further learned, and thereupon alleges, that David Rosenberg and his wife (Lea Rosenberg) are deeply involved — as either officers or directors — with a web of non-profit entities worth millions of dollars known as Saratoga Retirement Community, Meadows of Napa Valley, Davis Odd Fellows, Odd Fellows Homes of California, Davis Rebekah Lodge, Soroptimist International of Davis, and others.

12. Plaintiff also discovered that Lea Rosenberg — as the wife of a judge – was energetically raising funds from various businesses. Plaintiff is informed and believes and thereon alleges that Lea Rosenberg is an individual residing in Yolo County.
13. Judge Rosenberg’s judicial campaign treasurer, Victor Bucher, is a nationally renowned expert in the area of accounting and tax fraud, and also serves as the ‘treasurer’ of a separate non-profit entity launched by David Odd Fellows — Davis Odd Fellows Charities, Inc. — where David Rosenberg serve as president and Bucher as Treasurer.
14. On April 4, 2013 — consistent with the statutory framework put into place by 26 U.S.C. § 6104(d) — Plaintiff served a request for Davis Odd Fellows and Davis Rebekah Lodge to make available for inspection their IRS 990 forms, which Plaintiff is informed and believes and thereon alleges are tax-exempt organizations.
15. A tax-exempt organization must make available for public inspection its application for tax exemption, three most recent 990 annual information returns, and schedules and attachments available, pursuant to 26 U.S.C. § 6104(d), which reads, in relevant part:
‘Public inspection of certain annual returns, reports, applications for exemption, and notices of status
(1) In general
In the case of an organization described in subsection (c) or (d) of section 501 and exempt from taxation under section 501 (a) or an organization exempt from taxation under section 527 (a)—
(A) a copy of—
(i) the annual return filed under section 6033 (relating to returns by exempt organizations) by such organization,
(ii) any annual return which is filed under section 6011 by an organization described in section 501 (c)(3) and which relates to any tax imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc., organizations),
(iii) if the organization filed an application for recognition of exemption under section 501 or notice of status under section 527 (i), the exempt status application materials or any notice materials of such organization, and
(iv) the reports filed under section 527 (j) (relating to required disclosure of expenditures and contributions) by such organization, shall be made available by such organization for inspection during regular business hours by any individual at the principal office of such organization and, if such organization regularly maintains 1 or more regional or district offices having 3 or more employees, at each such regional or district office, and
(B) upon request of an individual made at such principal office or such a regional or district office, a copy of such annual return, reports, and exempt status application materials or such notice materials shall be provided to such individual without charge other than a reasonable fee for any reproduction and mailing costs.
The request described in subparagraph (B) must be made in person or in writing. If such request is made in person, such copy shall be provided immediately and, if made in writing, shall be provided within 30 days.
(2) 3-year limitation on inspection of returns
Paragraph (1) shall apply to an annual return filed under section 6011 or 6033 only during the 3-year period beginning on the last day prescribed for filing such return (determined with regard to any extension of time for filing).’

16. Plaintiff delivered the request through Lea Rosenberg because she was the common denominator between the various ‘Odd Fellows’ entities and Soroptimist, in that she served as an officer and/or director of the various ‘Odd Fellows’ entities, and as president of Davis Rebekah Lodge.

17. Specifically, on April 4, 2013 Plaintiff delivered to Lea Rosenberg at learose@jps.net the following email request:
‘Re: Request for Production of IRS Form 990, Form 990 Schedule A, Form 1023 to entities associated with Lea Rosenberg, to wit: Soroptimist International of Davis, Davis Rebekah Lodge, Davis Odd Fellows

Dear Mrs. Rosenberg:

Consistent with U.S. Internal Revenue Service Regulations, please consider this communication a formal request to produce their IRS Form 990, Form 990 Schedule A, as well Form 1023. This request is for all documents submitted to the IRS within the past three years, which generally means the three most recent returns.

Said regulations require that these documents be produced within 30 days. Soroptimist International of Davis , Davis Rebekah Lodge, Davis Odd Fellows are entitled to charge reasonable costs for any copying and mailing costs incurred in relation to this request. Alternatively, you can email the documents to me as PDF attachments. I prefer the latter method. However, if for some reason, you prefer to copy and mail the documents, please send them to the following address:

[—address intentionally omitted—]

I ask that you draw no conclusion or develop any concern from the mere fact that this request is being made about you, Soroptimist International of Davis , Davis Rebekah Lodge, Davis Odd Fellows or any other individual or entity.

In addition, I ask that you please produce the following:
1. A detailed and complete list of all other non-profit entities you were involved beginning in 2008 to the present.
2. A detailed and complete list of all sums which were transferred amongst any and all organizations you were involved, beginning in 2008 to the present. For example, if in 2009 Soroptimist International of Davis transferred money to Davis Odd Fellows either as donation or rent, I ask that such transaction be disclosed.
3. A detailed and complete list of all direct or indirect transfers of funds from Soroptimist International of Davis, Davis Rebekah Lodge, Davis Odd Fellows to Progress Ranch and/or any other entity associated with Barbara Sommer from 2007 to the present.

Thank you for your time and anticipated cooperation. If you have any questions, please do not hesitate to contact me.’

18. Plaintiff is informed and believes and thereon alleges that Lea Rosenberg received Plaintiff’s email dated April 3, 2013.

19. On April 24, 2013, Plaintiff delivered to Lea Rosenberg a notice of change of address.

20. Plaintiff is informed and believes and thereon alleges that Lea Rosenberg received Plaintiff’s requests for the organizations’ IRS 990 forms, and while conspiring with other Defendants, chose to breach the duty to comply with 26 U.S.C. § 6104(d).

21. Plaintiff is further informed and believes that Defendants have directly performed, or aided, abetted, counseled, commanded, induced, procured, encouraged, promoted, instigated, advised, willfully caused, participated in, enabled, contributed to, facilitated, directed, controlled, assisted in, or conspired in the commission of the above-described acts.

22. Due to this failure to comply with Plaintiff’s request, Plaintiff spent considerable time and resources trying to obtain those documents elsewhere, to no avail. Plaintiff asked his paid research-clerk to conduct further research on the Internet in hope of locating a complete set of the desired documents, also to no avail.

23. Still seeking a complete set of the requested documents, on September 24, 2013 Plaintiff sent Lea Rosenberg the following email:

“RE: Davis Odd Fellow Hall; Davis Odd Fellow – Second Request for Production of IRS Documents

Dear Ms. Rosenberg:

The purpose of this communication is to address the following matters:

1. Since you appear to have been involved with Davis Rebekah Lodge, Davis Odd Fellow, and Sophomoric, I had previously asked you to produce the IRS tax-returns for those entities.

For reasons which I do not understand, rather than complying with this simple request (as you are required to do by law given the fact that those entities are allowed to operate on a ‘tax-exempt’ status), you have failed to respond. I am therefore reiterating my request that you comply with the request for these tax returns and produce them to me within the next 5 days.

As you know, I am troubled by events surrounding the almost exclusive fundraising to ‘emancipated foster youth’, Barbara Sommer, Davis Odd Fellow members Jonathan Raven and Michael Cabral, Cache Creek Casino, Vic Bucher, and Progress Ranch.

I am also troubled by the fact that Judge Rosenberg (and his Judicial Campaign CPA Vic Bucher) lends money to the judicial campaign of other judges (i.e. Tim Fall and Dan Maguire). Hence, I would like to get to the bottom of things, and need the requested tax forms to do so.

2. In the previously submitted request, there was no mention of ‘Davis Odd Fellow Hall.’ My position and understanding is that Davis Odd Fellow Hall is part of Davis Odd Fellow.
Nevertheless, please consider this communication a formal request to also provide copies of the last three tax return forms that ‘Davis Odd Fellow Hall’ had submitted to the IRS.

3. Given that Davis Odd Fellow, David Odd Fellow Hall, and Davis Rebekah Lodge are under the exclusive control of you, your husband David Rosenberg, as well as David Reed and his wife Cheryl Cambron, and given that both David Rosenberg and David Reed are judges of the Yolo County Superior Court, I submit that these entities have a duty to operate at an even higher level of transparency than mandated by the IRS, and must comply with the common law duty of disclosure.

Thus, in addition to inspecting and copying the documents authorized by the IRS, I request copies of detailed financial statements (i.e. income, expenditures, names of donors, names of businesses and amount of rent Davis Odd Fellow Hall charges its various tenants, identity of subcontractors, identity of those who have rented the Hall etc.) For example, my understanding is that David Greenwald (publisher of The People’s Vanguard of Davis and Vanguard Court Watch) entered into a contract with Davis Odd Fellow Hall. Given that Mr. Greenwald’s publications purport to report on misconduct and malfeasance in the local area, including the courts, it appears to me that there is a direct conflict between this stated mission and his decision to rent space from an entity whose Board is comprised of you, and two Yolo County Superior Court judges.

I am looking forward to hearing from you and receiving the requested documents.”

 

24. Later that day, Plaintiff received an email response from Lea Rosenberg stating only the following: ‘so he is at it again.’

 
FIRST CAUSE OF ACTION — Violation of California Business and Professions Code § 17200 Predicated on26 U.S.C. § 6104(d) (Against Defendants Lea Rosenberg, Yolo Lodge 169 Independent Order of Odd Fellows and Davis Rebekah Lodge; Grand Lodge of California; Independent Order of Odd Fellows; Davis Odd Fellows; Soroptimist International of Davis; Soroptimist International; Soroptimist International of the Americas; and Does 1 – 100)

25. Plaintiff incorporates paragraph by reference paragraphs 1 – 24 as though fully set forth herein.

26. Despite Plaintiff’s repeated requests, Defendants failed to comply with 26 U.S.C. § 6104(d). This failure constitutes unfair and unlawful acts pursuant to California’s Business & Professions Code § 17200.

27. Plaintiff is informed and believes that Defendants have directly performed, or aided, abetted, counseled, commanded, induced, procured, encouraged, promoted, instigated, advised, willfully caused, participated in, enabled, contributed to, facilitated, directed, controlled, assisted in, or conspired in the commission of the above-described acts.

28. As a proximate result of the unfair and unlawful acts of Defendants, as alleged above, Plaintiff suffered injury in fact and has lost money or property in an amount to be proven at trial.

SECOND CAUSE OF ACTION
Negligence per se — (Against Defendants Lea Rosenberg, Yolo Lodge 169 Independent Order of Odd Fellows and Davis Rebekah Lodge; Grand Lodge of California; Independent Order of Odd Fellows; Davis Odd Fellows; Soroptimist International of Davis; Soroptimist International; Soroptimist International of the Americas; Lea Rosenberg; and Does 1 – 100)

29. Plaintiff incorporates paragraph by reference paragraphs 1 – 28 as though fully set forth herein.

30. Plaintiff is informed and believes and thereon alleges that the Defendants named above were all aware of Plaintiff’s repeated requests for the information described in this Complaint — the entities’ IRS Form 990 forms.

31. Plaintiff is further informed and believes and thereon alleges that Defendants were under a duty to ensure compliance, yet chose to breach a duty prescribed in 26 U.S.C. § 6104(d). This failure to comply with the statutory requirements constitutes negligence per se.

32. As a proximate result of Defendants’ breach of duty, as alleged above, Plaintiff spent considerable time and resources trying to obtain those documents elsewhere, to no avail. Plaintiff asked his paid research-clerk to conduct further research on the Internet in hope of locating a complete set of the desired documents, also to no avail. Plaintiff suffered injury in fact and has lost money or property in an amount to be proven at trial.

33. Plaintiff further alleges that Davis Odd Fellows owns a Hall (‘Davis Lodge Hall’), on a property adjacent to the two Lodges, and is the owner (and landlord) of rental property currently occupied by Hunan Chinese Restaurant and Coldwell-Banker Doug Arnold Real Estate.

34. The ‘Hall Board Association’ is a California corporation, and is the actual owner of the Davis Lodge Hall, the adjacent property of the two Lodges, and the rental property currently occupied by Hunan Chinese Restaurant and Coldwell-Banker Doug Arnold Real Estate.

35. The ‘Hall Board Association’ is composed of President David Rosenberg, Vice President David Reed, Secretary Lea Rosenberg, Treasurer Sheryl Cambron, and Barbara Geisler.

36. The Davis Lodge Hall is available to rent by the general public for receptions, fund-raisers, dinners, conferences, trade shows, meetings, and other events.

37. The Davis Lodge Hall is also used by Davis Odd Fellows for its own functions, such as Davis Odd Fellows Bingo and Master Balls.

38. In approximately September 2013, and after the expenditure of considerable time, resources, and efforts, Plaintiff managed to ascertain that the actual legal name of Davis Odd Fellows and David Rebekah Lodge is ‘Yolo Lodge 169 Independent Order of Odd Fellows and Davis Rebekah Lodge.’ Plaintiff then managed to obtain partial copies of tax returns that ‘Yolo Lodge 169 Independent Order of Odd Fellows and Davis Rebekah Lodge’ had submitted to the IRS.

39. Upon reviewing partial copies of the above-described IRS 990 forms from 2010 and 2011, Plaintiff noted that false information had been submitted to the IRS on two occasions that he was able to identify from the incomplete forms. Specifically, according to those 990 forms, in 2010 David Reed served as the president of Yolo Lodge 169; serving as the Treasurer of Yolo Lodge was Sheryl Cambron. Plaintiff is informed and believes and thereon alleges that Reed and Cambron are married to each other.

40. However, this was not the information provided to the IRS. The 2010 IRS Form 990 submitted by Yolo Lodge asked, ‘Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee?’ The form submitted by Yolo Lodge states, ‘NO.’ Since two of the officers (Reed and Cambron) were actually married to each other, this is a misrepresentation.

41. In 2011, Yolo Lodge officers submitted false information to the IRS again, this time involving a different set of actors — Lea and David Rosenberg, who are married to each other. Specifically, in 2011 David Rosenberg served as President of Yolo Lodge; his wife, Lea Rosenberg, served as ‘Secretary’ of Yolo Lodge, and David Reed served as a board member.

42. The 2011 IRS Form 990 submitted by Yolo Lodge asked, ‘Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee?’ The form submitted by Yolo Lodge states, ‘NO.’ Since two of the officers (David Rosenberg and Lea Rosenberg) were actually married to each other, this is a misrepresentation.

43. Plaintiff is informed and believes and thereon alleges that Virgil Smith is a CPA a member of Davis Odd Fellows, and a co-conspirator in the submission of these fraudulent tax-returns. Also responsible for submitting these fraudulent tax-returns were David Rosenberg, Lea Rosenberg, David Reed, Sheryl Cambron, Barbara Geisler, and Robert Bockwinkel.

44. Plaintiff is informed and believes and thereon alleges that the fraudulent tax-returns were submitted because David Rosenberg, Lea Rosenberg, David Reed, Sheryl Cambron, Barbara Geisler, Virgil Smith and Robert Bockwinkel did not want the IRS and the public to become aware that Sheryl Cambron is married to David Reed, and because they were concerned that if such relationships (i.e. Lea Rosenberg is married to David Rosenberg) would be disclosed, it may trigger an IRS audit.

45. As a proximate result of the unfair and unlawful acts of Defendants, as alleged above, Plaintiff suffered injury in fact and has lost money or property in an amount to be proven at trial.

THIRD CAUSE OF ACTION
Civil Conspiracy to Violate 26 U.S.C. § 6104(d)
(Against Defendants Lea Rosenberg, David Rosenberg, David Reed, Sheryl Cambron, Barbara Geisler, Virgil Smith; Robert Bockwinkel; and Does 1 – 100)

46. Plaintiff incorporates paragraph by reference paragraphs 1 – 45 as though fully set forth herein.

47. Plaintiff is informed and believes and thereon alleges that Defendants Lea Rosenberg, David Rosenberg, Sheryl Cambron, Robert Bockwinkel, David Reed, Barbara Geisler, and Virgil Smith willfully and knowingly conspired and agreed among themselves to a scheme by which they agreed to violate Plaintiff’s legal rights by not complying with 26 U.S.C. § 6104(d) because they were concerned he would discover the tax-fraud perpetrated on the IRS, as described above.

48. Some of the overt acts (both lawful and unlawful) that gave rise to this conspiracy, committed by one or more of the conspirators pursuant to their common design, were: (a) an agreement to intentionally violate 26 U.S.C. § 6104(d); (b) an agreement to ignore Plaintiff’s repeated requests for information sought pursuant to this statute; and (c) a lawful overt act to belittle Plaintiff by sending him an email which reads, ‘so he is at it again.’

49. Plaintiff is further informed and believes and thereon alleges that Defendants have directly performed, or aided, abetted, counseled, commanded, induced, procured, encouraged, promoted, instigated, advised, willfully caused, participated in, enabled, contributed to, facilitated, directed, controlled, assisted in, or conspired in the commission of the above-described acts.

50. Plaintiff is also informed and believes and thereon alleges that David Odd Fellows / Yolo Lodge 169 / Odd Fellows Hall and related entities are and were almost exclusively overseen for years by judges and selected attorneys appearing before the Yolo County Superior Court who misuse Yolo 169 and Odd Fellows Hall as a convenient forum to meet, collude, and engage in ex parte communications in a secluded and non-public setting, as well as to raise funds by lending the prestige of their offices.

51. Said individuals include primarily Judge David Rosenberg, Judge Kathleen White, Judge David Reed, Yolo County Counsel Sheryl Cambron, District Attorney Jeff Reisig, Yolo County Chief Deputy District Attorney Jonathan Raven, Chief Deputy District Attorney Michael Cabral, Yolo County Public Defender Tracey Olson, attorneys Allison Zuvela, Rodney Beede and wife Christina Zambrano Beede, and Fran McGuire (wife of judge Dan McGuire). A typical event, for example, was described on May 23, 2013 in the Davis Enterprise:

‘This year, the Davis Odd Fellows Lodge took over running the popular ’A Taste of Davis’ and we are delighted to report that the event on April 18 was a great success for all concerned.

We wish to thank the fine restaurants, wineries and breweries that treated our 250 guests to delightful food and drink: Applebee’s, Berryessa Gap Winery, Caffé Italia’s Brick Wall Pizza, California Vintage Specialties, Davis Food Co-op, Davis Farmers Market, Ding How, Dos Coyotes, Maria’s Cantina, Nugget Markets, Osteria Fasulo, Our House, Paesanos, Putah Creek Winery, Renaissance Wines, Route 3 Wines, Seasons, Senders Wines, Seka Hills Wines, Sudwerk, Sundstrom Hill Winery, Woodstock Pizza, Z Specialty Foods and Zindagi Indian Bistro.

We thank our sponsors who helped make this event so successful. First and foremost, we offer a big “thank you” to our major sponsor, Hanlees Toyota-Chevrolet-Nissan of Davis. And we also appreciate our other sponsors: The Davis Enterprise, California Vintage Specialties, Comstock Mortgage, Davis Downtown, Cunningham Engineering, Our House Restaurant and Lounge, the Davis Chamber of Commerce, Abaton Consulting, Law Offices of Poulos and Fullerton, Attorney Raquel Silva, the Law Offices of J.B. Dath, and Cache Creek Resort Casino.

Thank you to many individual sponsors: County Supervisors Jim Provenza and Don Saylor, Mayor Joe Krovoza, and Davis City Council members Dan Wolk, Rochelle Swanson, Brett Lee and Lucas Frerichs, as well as Tracie Olson, Dr. Arun Sen and Bob Schelen.

Special thanks to Stewart Savage of Abaton Consulting, who put together a terrific slide show that was shown on a continuous loop at the event.

Finally, we offer a big thank you to the committee that worked with us to plan and execute this successful event: Margie Cabral, Sheryl Cambron, Robin Dewey, Bill Grabert, Nancy Sue Hafer, Lewis Kimble, Steve Lopez, Fran Maguire, Amanda Maples, Joyce Puntillo, Dave Rosenberg, Raquel Silva, Robin Souza and Christopher Young. What a great, hard-working group.’

52. Plaintiff is further informed and believes and thereon alleges that Davis Odd Fellows’ officers, directors, and members who are otherwise private actors — David Rosenberg, Lea Rosenberg, Kathleen White, David Reed, Sheryl Cambron, Jonathan Raven, Tracie Olson, Allison Zuvela, Michael Cabral, Rodney Beede and Christina Zambrano Beede — conspired amongst themselves to fraudulently conceal the fact that Sheryl Cambron is married to Judge David Reed and is otherwise an attorney employed by Yolo County Counsel and is in a confidential attorney-client fiduciary relationship with Odd Fellows’ members Jeff Reisig, Michael Cabral, and Jonathan Raven on the account of representing them and/or their office in matters such as Gore v. Reisig, In Re Garcia, and Yilma v. Agonofer.

53. Plaintiff is further informed and believes and thereon alleges that as part of a common scheme and conspiracy to defraud in order to advance said conspiracy, in the hundreds of articles written and published by Davis Odd Fellows/Davis Rebekah Lodge (or about the activities of Davis Odd Fellows by outside publications such as the Davis Enterprise or Daily Democrat), the fact that Reed and Cambron are actually married to each other, that Reed is a judge, and Cambron is an attorney with Yolo County Counsel is never mentioned, in order to mislead and defraud the public and litigants by means of a plan they conceived and executed.

54. Plaintiff is further informed and believes and thereon alleges that as a further overt act by which to advance the objective of said conspiracy, Sheryl Cambron conceals from the public her association with Yolo County Counsel by causing numerous legal web-sites to misrepresent her employment status. Most, if not all, of those web-sites state that Sheryl Cambron is in fact in private practice representing litigants in matters dealing with bankruptcies, family law, and criminal law.

55. Plaintiff is informed and believes and thereon alleges that private actors Yolo Lodge 169, David Rosenberg, Lea Rosenberg, David Reed, Sheryl Cambron, Jonathan Raven, Allison Zuvela, Tracey Olson, Michael Cabral, and Kathleen White and Does 1 – 100 willfully and knowingly conspired and agreed among themselves to a scheme by which they agreed to conceal from the public and Plaintiff Cambron’s employment as an attorney with Yolo County Counsel, that she is the spouse of David Reed, as well as the confidential fiduciary relationship between Cambron on one hand and Reisig, Cabral and Raven on the other hand.

56. Plaintiff further alleges that private actors Rosenberg, Reed, Raven, and Zuvela conspired to fraudulently conceal the fact that Zuvela is an Odd Fellow by intentionally removing her name from the web-site davislodge.org — which yields a zero return when a search is performed for her name . Additionally, Plaintiff is informed and believes and thereon alleges that David Rosenberg, David Reed, and Allison Zuvela conspired to further delete from the web-site davislodge.org all articles which mentions Zuvela’s name.

57. These conspiratorial acts were substantial factors in causing Plaintiff monetary losses and damages in an amount to be established at trial.

FOURTH CAUSE OF ACTION
Fraudulent Concealment
(Against Private Actors Defendants Yolo Lodge 169; David Rosenberg; Lea Rosenberg; David Reed; Sheryl Cambron; Jonathan Raven; Allison Zuvela; Michael Cabral; Tracie Olson; Kathleen White; and Does 1 – 100 )

58. Plaintiff incorporates paragraph by reference paragraphs 1 – 57 as though fully set forth herein.

59. Plaintiff is informed and believes and thereon alleges that Defendants committed the above described acts and omissions with intent to defraud the public and Plaintiff and deprive him of other interests he was entitled to. In particular, Defendants affirmatively concealed the existence of a marital relationship between Reed and Cambron, the fact that Cambron is an employee of Yolo County Counsel, and the fact that Allison Zuvela is an Odd Fellow member by affirmatively deleting her name from Odd Fellow web-site.

60. Plaintiff is further informed and believes and thereon alleges that Defendants have directly performed, or aided, abetted, counseled, commanded, induced, procured, encouraged, promoted, instigated, advised, willfully caused, participated in, enabled, contributed to, facilitated, directed, controlled, assisted in, or conspired in the commission of the above-described acts.

61. Plaintiff reasonably relied upon the statements, acts, and omissions of Defendants to his detriment.

62. As a proximate result of Defendants’ conduct, as alleged above, Plaintiff suffered injury in fact in an amount to be proven at trial.
FIFTH CAUSE OF ACTION
42 U.S.C. § 1983
(Against State Actors Defendants David Rosenberg, Sheryl Cambron, Jonathan Raven, Allison Zuvela, Tracie Olson, Michael Cabral and Does 1 – 100)

63. Plaintiff incorporates paragraph by reference paragraphs 1 – 62 as though fully set forth herein.

64. Plaintiff is informed and believes and thereon alleges that state actors David Rosenberg, Sheryl Cambron, Jonathan Raven, Tracie Olson, Allison Zuvela and Michael Cabral and Does 1 – 100 willfully and knowingly conspired and agreed among themselves to a scheme by which they agreed to conceal from Plaintiff Cambron’s employment as an attorney with Yolo County Counsel, that she is the spouse of David Reed, the confidential fiduciary relationship between Cambron on one hand and Cabral and Raven on the other hand, and that Allison Zuvela is an Odd Fellow member, by among other things, deleting her name from the Odd Fellow web-site.

65. Plaintiff is further informed and believes and thereon alleges that Defendants have directly performed, or aided, abetted, counseled, commanded, induced, procured, encouraged, promoted, instigated, advised, willfully caused, participated in, enabled, contributed to, facilitated, directed, controlled, assisted in, or conspired in the commission of the above-described acts.

66. Plaintiff reasonably relied upon the statements, acts, and omissions of Defendants to his detriment.

67. As a proximate result of Defendants’ conduct, as alleged above, Plaintiff’s state and federal civil rights were violated and resulted in legal damages in an amount to be established at trial.

WHEREFORE, Plaintiff respectfully requests judgment against Defendants as follows:
1. For general and special damages under all causes of action where available by law;
2. For costs of suit;
3. For prejudgment interest;
4. For an injunction directing Defendants to comply with 26 U.S.C. § 6104(d); and
5. For such other and further relief as the Court may deem just and proper.

Plaintiff also demands a jury trial in this matter.

DATED: February 4, 2014

TIMELINE July 25, 2013: Yolo County Superior Court Judge David Rosenberg Announces Davis Odd Fellows Vote to Initiate Yolo County Assistant District Attorney Michael Cabral as Member [ TLR Editorial Notes: 1. Obviously, Rosenberg lacks the judgement to understand inappropriateness of his actions i.e. ex-parte communications between judges and DA personnel 2. TLR predicts YR soon advances suit naming, among others, 1) Rosenbergs, Reed-Cambron, Cabral, Raven, etc in connection with events surrounding Davis Odd Fellows Lodge (including tax-fraud by Rosenbergs, Reed-Cambron, CPA Virgil Smith) 2) RICO activities at Davis Odd Fellow 3) Davis Odd Fellow Lodge violation of Unruh Act 4) events surrounding search and seizure of CaliforniaALL materials ( fruit of conspiracy between Judicial Council members Tani Cantil , Mark Robinson, David Rosenberg, as well as Cal Bar’s Tom Layton, Dunn, Streeter, Naliboff, Martin, Cabral, etc. 5) Keker’s Three-Card Monte

Davis Odd Fellows Vote to Initiate Eighteen New Members

The Davis Odd Fellows Lodge #169 is delighted to report that last evening, July 24, 2013, our membership voted to initiate the following eighteen (18) new members into our Lodge:

Heather Barnes
David Boyer
Davis Campbell
Margie Cabral
Mike Cabral
Nicole Chafee
Val Dolcini
Melinda Hillis
Brett Lemke
Amanda Maples
Rene Martucci
Findlay McIntosh
Solveig Monson
Cesar Morales
Dean Ranns
Valerie Ranns
Amanda Schwabe
Richard Urbino

These new members will be initiated at the Lodge meeting of August 28, 2013, during the regular Lodge meeting.

Congratulations to our new Odd Fellows!

F – L – T

Dave Rosenberg
Chair, Membership & Initiation Committee
Davis Odd Fellows Lodge # 169

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Tax Fraud by Davis Odd Fellows, Virgil Smith, Lea and David Rosenberg, Dave Reed and Sheryl Cambron, below:
Dave Reed Sheryl Cambron
David Reed and wife Sheryl Cambron (image:courtesy photo)

Dave Rosenberg Lea Rosenberg
David and Lea Rosenberg (image: courtesy photos)

The Leslie Brodie Report (TLR) is carefully following a major developing story out of Yolo County relating to Yolo County Superior Court Judge David Reed, wife Sheryl Cambron, Yolo County Superior Court Judge David Rosenberg, wife Lea Rosenberg, and CPA Virgil Smith in connection with major fraud allegedly perpetrated upon the IRS.

We will provide around-the-clock coverage and post updates as they become available.

Update #1:

Fraud in connection with “Yolo Lodge 169 Independent Order Odd Fellows and Davis Rebekah Lodge.” EIN # 23-7417292.

2010:

Dave Reed – President; Sheryl Cambron (wife of Dave Reed) – Treasurer ; CPA – Virgil Smith

2010 Tax-Return, Section VI, Question # 2:  Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee? Answer: NO

2011:

Dave Reed- Board Member ; Dave Rosenberg – President ; Lea Rosenberg (wife od Dave Rosenberg)- Secretary

2011 Tax-Return, Section VI, Question # 2:  Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee? Answer: NO

Update #2 — Text  of Complaint YR Submitted to IRS:

September 29, 2013

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

Via E-Mail and U.S. Mail

Re: A referral against exempt organization YOLO LODGE 169 INDEPENDENT ORDER OF ODD FELLOWS AND DAVIS REBEKAH LODGE (EIN Number 23-7417292) and officers David Reed, Sheryl Cambron, David Rosenberg, Lea Rosenberg, and Virgil Smith

To whom it may concern:

In lieu of using the IRS’s Tax Exempt Organization Referral Form 13909, please consider this communication a formal complaint (‘referral’) against YOLO LODGE 169 INDEPENDENT ORDER OF ODD FELLOWS AND DAVIS REBEKAH LODGE (‘Yolo Lodge’) for fraud and deceit. Specifically, officers and directors of Yolo Lodge repeatedly misrepresented to the IRS (and the public) the nature of their familial relationship.

FRAUD BY YOLO LODGE PRESIDENT DAVE REED AND HIS TREASURER WIFE SHERYL CAMBRON

In 2010, serving as the president of Yolo Lodge was David Reed; serving as the Treasurer of Yolo Lodge was Sheryl Cambron.

David Reed and Sheryl Cambron are married to each other. However, Reed and Cambron chose to mislead the IRS and the public as to the true nature of their relationship. More specifically, Reed and Cambron failed to disclose, as they were required to do, to the IRS that they were married to each other while serving as officer of Yolo Lodge.

For example, the 2010 IRS Form 990 submitted by Yolo Lodge asked, ‘Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee?’ The form submitted by Yolo Lodge states, ‘NO.’ Since two of the officers (Reed and Cambron) were actually married to each other, this is a misrepresentation.

FRAUD BY YOLO LODGE PRESIDENT DAVID ROSENBERG AND HIS SECRETARY WIFE LEA ROSENBERG

In 2011, Yolo Lodge officers perpetrated the same lie with a different set of actors, namely Lea and David Rosenberg, who are married to each other.

Specifically, In 2011, serving as President of ‘Yolo Lodge’ was David Rosenberg; his wife, Lea Rosenberg, served as ‘Secretary’ of Yolo Lodge, and Dave Reed served as a board member.

The 2011 IRS Form 990 submitted by Yolo Lodge asked, ‘Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee?’ The form submitted by Yolo Lodge states, ‘NO.’ Since two of the officers (David Rosenberg and Lea Rosenberg) were actually married to each other, this is a misrepresentation.

It is important to note that both David Rosenberg and David Reed are judges of the Yolo County Superior Court, and such misrepresentations are extremely serious. This is especially true when viewed in conjunction with the circumstances described in a prior complaint the undersigned submitted to the IRS dated May 23, 2013 (see exhibit A), which is incorporated herein by reference.

ADDITIONAL MISCONDUCT BY LEA ROSENBERG, DAVID ROSENBERG, AND DAVID REED.

On September 24, 2013, the undersigned sent Lea Rosenberg an email which read as follows:

“Dear Ms. Rosenberg:

The purpose of this communication is to address the following matters:

1. Since you appear to have been involved with Davis Rebekah Lodge, Davis Odd Fellow, and Sophomoric, I had previously asked you to produce the IRS tax-returns for those entities.

For reasons which I do not understand, rather than complying with this simple request (as you are required to do by law given the fact that those entities are allowed to operate on a ‘tax-exempt’ status), you have failed to respond. I am therefore reiterating my request that you comply with the request for these tax returns and produce them to me within the next 5 days.

As you know, I am troubled by events surrounding the almost exclusive fundraising to ‘emancipated foster youth’, Barbara Sommer, Davis Odd Fellow members Jonathan Raven and Michael Cabral, Cache Creek Casino, Vic Bucher, and Progress Ranch.

I am also troubled by the fact that Judge Rosenberg (and his Judicial Campaign CPA Vic Bucher) lends money to the judicial campaign of other judges (i.e. Tim Fall and Dan Maguire). Hence, I would like to get to the bottom of things, and need the requested tax forms to do so.

2. In the previously submitted request, there was no mention of ‘Davis Odd Fellow Hall.’ My position and understanding is that Davis Odd Fellow Hall is part of Davis Odd Fellow.

Nevertheless, please consider this communication a formal request to also provide copies of the last three tax return forms that ‘Davis Odd Fellow Hall’ had submitted to the IRS.

3. Given that Davis Odd Fellow, David Odd Fellow Hall, and Davis Rebekah Lodge are under the exclusive control of you, your husband David Rosenberg, as well as David Reed and his wife Cheryl Camberon, and given that both David Rosenberg and David Reed are judges of the Yolo County Superior Court, I submit that these entities have a duty to operate at an even higher level of transparency than mandated by the IRS, and must comply with the common law duty of disclosure.

Thus, in addition to inspecting and copying the documents authorized by the IRS, I request copies of detailed financial statements (i.e. income, expenditures, names of donors, names of businesses and amount of rent Davis Odd Fellow Hall charges its various tenants, identity of subcontractors, identity of those who have rented the Hall etc.) For example, my understanding is that David Greenwald (publisher of The People’s Vanguard of Davis and Vanguard Court Watch) entered into a contract with Davis Odd Fellow Hall. Given that Mr. Greenwald’s publications purport to report on misconduct and malfeasance in the local area, including the courts, it appears to me that there is a direct conflict between this stated mission and his decision to rent space from an entity whose Board is comprised of you, and two Yolo County Superior Court judges.

I am looking forward to hearing from you and receiving the requested documents.”

Rather than complying with my request to produce the relevant 990 Form, as she was required to do, Ms. Rosenberg sent me an email which reads, in its entirety, ‘so he is at it again.’

As such, the undersigned requests that the IRS also investigate and impose appropriate sanctions on ‘Davis Odd Fellows Hall’ officers David Rosenberg, David Reed, and Lea Rosenberg as it is clear from Ms. Rosenberg’s latest communication to me, cited above, that she ( David Rosenberg and David Reed) do not plan to comply with the request to produce the requested 990 form. In fact, if anything, Ms. Rosenberg’s email response makes clear that she views my legitimate requests as nothing more than a nuisance, rather than a legitimate request authorized by the IRS Code.

Thank you for your assistance with this matter. Please do not hesitate to contact me if you have any questions or need further information.

Source @: http://lesliebrodie.blog.co.uk/2013/09/29/breaking-huge-yolo-county-judge-david-reed-and-wife-sheryl-cambron-defrauded-internal-revenue-service-virgil-smith-yr-in-process-of-examining-990-16473700/

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Ryan Clifford of Davis, CA(plaintiff in the case against Chi Delta — UC Davis Chapter of Alpha Epsilon Pi Jewish Fraternity) Hereby Asked to Opine on Loan of $5,000 from Yolo County Judge Dave Rosenberg Committee to Judicial Campaign of Judge Dan Maguire (TLR Notes: 1. TLR is of the opinion that loans from one judge to another tend to undermine the independence/public trust of judicial system 2. Is such practice even legal? Aren’t judges allowed to ONLY “endorse” a judicial candidate during judicial political campaigns ? 3. Is it the contention of Clifford that said $5000 from Rosenberg to McGuire reason McGuire ruled against Clifford? If yes, did Clifford file a complaint against Rosenberg with California Commission on Judicial Performance ? 4. YR, roger that.

Dave Rosenberg

Yolo County Superior Court Judge Dave Rosenberg (image by TLR/ courtesy photo)

On March 29, 2012  Lauren Keene of The Davis Enterprise reported the following:

Maguire holds fund-raising lead over Parish

WOODLAND — Yolo Superior Court Judge Daniel Maguire continues to hold a financial edge over his election opponent, collecting twice as much in donations as challenger Clint Parish during the latest campaign reporting period……….

……

Maguire reported 46 monetary donations ranging from $100 to $500, the chief contributors being Greg McNece of Davisville Management, local consultant Alexander Murdoch and Sacramento attorney James Houpt ($500); and Tami Bogert, a Sacramento Superior Court judge ($300).

He also reported a nonmonetary donation of $1,462 worth of food and drinks for a fundraising event.

In addition to those contributions, Maguire received a $4,000 loan from the Committee to Re-Elect Judge Tim Fall, which had previously lent Maguire’s campaign $1,000. The incumbent judge also has outstanding loans of $10,000 from himself and $5,000 from the Judge Dave Rosenberg Committee……

See full article @:

http://www.davisenterprise.com/local-news/crime-fire-courts/maguire-holds-fund-raising-lead-over-parish/

The Leslie Brodie Report Search Terms for 7 days ending 2013-05-03 (Summarized) [TLR Note: Notice tip re davis odd fellow gives to judge rosenberg’s campaign ; YR – roger that]

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DavisWiki profile of “Elderly Nutrition Program” (“ENP”) in Yolo County — known widely as “Meals on Wheels” and operated by People Resources, Inc. [ TLR Note: 1. Vic Bucher — part of ENP BOD 2. By now, very clear pathological extensive charitable fundraising activities by Judge Dave Rosenberg and wife Lea Rosenberg — odd /suspect. According to TLR’s confederate, Yolo County-based Rabbi YR, judges Rosenberg, Reed, and Maguire must self-suspend from further hearing cases pending resolution given Bucher’s position as Treasurer while holding positions with entities connected to Rosenbergs, Reed. YR further opined Victor Bucher has terrific reputation for honesty, charity ( i.e. donating his Porsche ) within Yolo County and is otherwise person of impeccable integrity. Per YR, Dave Rosenberg is one with legal knowledge and one who misled, debased, corrupt, caused others to misleed, betrayed others and trust of public]

The Yolo County Elderly Nutrition Program offers seniors 60 years of age and older (and their spouses, regardless of age) a nutritious hot mid-day meal, Monday-Friday at noon. Meals are are not contingent on financial need and are planned by a registered dietitian and prepared in a central kitchen by an experienced food service team. These meals provide 1/3 of the recommended dietary allowance (RDA) for seniors.

Community meals are offered to Davis seniors at the Davis Senior Center, and a home-delivery service (Meals on Wheels) is available for homebound, frail or disabled seniors unable to come to the nutrition site. Volunteer drivers deliver meals to clients on a regular schedule between 11am and 12:30pm weekdays — a frozen meal is offered for legal holidays. Meals on Wheels participants are asked to contribute towards the cost of the meal daily or weekly, though no minimum amount is required and contributions are confidential. To sign up for Meals on Wheels, the senior, a family member or a professional caregiver may apply by calling the main office to complete a 15 minute intake questionaire over the phone during which includes personal contact and health information. A Home Delivery Coordinator will visit the senior at home within 10 days of the start of meal delivery and again every 90 days with a visit or call to update information, re-assess eligibility and provide referrals for other services that may be needed.

Volunteers are needed to deliver lunchtime meals to home-bound seniors between 10:45am and noon as well as on-call drivers and runners for all routes weekdays — these positions are for volunteers who can commit to once a week, twice a month, or occasional substitutes. Other positions include kitchen & community meal staff, auto maintenance for agency vehicles, and special project assistance such as holiday gift assembly or handyman projects. The program relies on almost 400 volunteers annually to perform the many duties needed to efficiently operate each site in a cost effective manner.

The Elderly Nutrition Program is operated by People Resources, Inc. [40 North East Street, Suite C . Woodland, CA] and receives funds from Title III of the Older Americans Act through the Area 4 Agency on Aging, & USDA. Funds are also received from Community Development Block Grants through Yolo County and the cities of Woodland and Davis, Participant Donations, Private and Corporate Donations, three annual fundraisers through Friends of Meals on Wheels and Catering Jobs. Government funding has remained the same or decreased over the years, while the number of needy seniors continues to rise. In addition, rising costs for food, food supplies, minimum wage increases, insurance and gas prices have made it more difficult to make ends meet and feed all those that are in need of meals. Donations are appreciated and all donations go directly to the program to meet food costs and maintain service.

Source @:

http://daviswiki.org/Elderly_Nutrition_Program

++++++++++++

The Elderly Nutrition Program in Yolo County, known widely as Meals on Wheels, is a private, non-profit, community benefit organization, that provided over 83,000 meals to 1100 seniors in Davis, Woodland, Winters, West Sacramento, Knights Landing, Esparto, Madison and Yolo last year. The organization serves frail, homebound elders and meals to seniors at senior centers. Meals are planned by a dietitian and meet 1/3 of the daily nutrient requirement for adults. Often, this meal is their only nutritious meal of the day.

However, ENP is more than just a meal program. For many seniors, the 400 volunteer drivers, who deliver meals to their doorsteps, provide their only contact of the day. For others, who need additional help, ENP refers them to vital services and resources. ENP conducts nutritional assessments of each homebound senior four times a year, and offers education in nutrition, falls prevention and emergency preparedness to all seniors.

To provide these critical services to senior citizens, ENP depends on the generosity and support of community members, foundations, businesses and grants from governmental sources, such as an $8,000 federal Community Development Block Grant, administered by the City of Woodland, that funded a portion of the cost of meals for 27 low income seniors in Woodland last year. Less than 30% of ENP’s annual budget comes from governmental sources.

Community members can help reach all the Yolo County seniors who worry where their next meal is coming from. To join the pledge to end senior hunger by the year 2020, by

Source @:

http://www.elderlynutrition.org/joomla/our-services

More on Vic Bucher of Davis, California — Treasurer to Yolo County Judges and Longtime Confederate of Judicial Council’s Dave Rosenberg — Profile of Davis-based for-profit CCMS software company known as “Maintenance Connection, Inc” launched in 2000 by Bucher / other [ TLR Note: 1- CPA Bucher – not your average bean counter, rather , a powerful force in Yolo County and California 2. tactics similar to Kapor i.e. use of non-profits ? 3- connection to Reisig? Yolo DA? child support payments ? Childers Incorporated? 4. Overall, Bucher — unlike Judge Rosenberg — not of interest to TLR. 5. Judicial Council Watcher and Michael Paul hereby asked to opine on CCMS ? 5. Tip of the Day — Always be nice to your enemies — in case your friends will turn out to be bastards.]

Maintenance Connection provides Facility Maintenance and Asset Management Software (Browser-Based CMMS) to organizations worldwide. Our unique blend of technology and personalized service is a critical component of our client satisfaction. Our attention to service is evident in the people we hire, the systems we develop and the way we interact with our clients. Our Enterprise Asset Management (EAM) and Computerized Maintenance Management Software (CMMS) use leading edge browser-based technologies, and our amazing team consistently leads successful implementation projects.Specialties  Maintenance Software, b2b, CMMS, EAM, Preventive Maintenance Software, Work Order Tracking.
Source @:
+++++++++
Maintenance Connection is the sole provider of a CMMS/EAM solution uniquely positioned to manage all aspects of a maintenance operation, right at the fingertips of maintenance personnel. Maintenance Connection can provide solutions in all aspects of maintenance, all packaged in an intuitive and easy-to-use interface that allows you to manage maintenance, not software.Since 1999, Maintenance Connection has emerged as one of the dominant solutions providers. And our customers keep coming back again and again as a result. Our unique blend of customer focus and leading edge technology makes up an organization you will want to partner with.
Source @:
http://www.maintenanceconnection.com/mcv18/online/mc_company_overview.htm

SCRUTINY OF CALIFORNIA’S JUDICIAL COUNCIL INTENSFIES : Judicial Council Watcher Ponders Role of Judicial Council’s Dave Rosenberg of Yolo Superior In Re Cal Bar Prosecution of Clint Parish ; In Light of Overwhelming Evidence of Fraud by Judicial Council Members Joe Dunn of Voice of OC / UC Irvine Foundation, Mark Robinson of UC Irvine Foundation, Thomas Girardi of Voice of OC — TLR asks: Is Judicial Council’s Tani Cantil-Sakauye More Than Just Friend of Ruthe Catolico Ashley of CaliforniaALL Financial Scheme? Judicial Council’sJudge Dave Rosenberg of Yolo County as Potential Accessory In Re Sham Search Warrant ? ; Alliance of California Judges Decries Tani Cantil-Sakauye Reappointment of Current Members to Judicial Council

He’s the presiding judge of Yolo county. He’s a judicial council member. He sits on the litigation management committee for the judicial council – the judges and justices who sit in an effort to manage the litigation against the branch – like the recent appeal of the Emily Gallup case. He has awards for himself posted on his website before they’re presented…. 

Presiding Judge Dave Rosenberg Robocall May 2012 apparently to every resident in Yolo County.

Public Utilities Code that applies to this call

PUC 2873.  Automatic dialing-announcing devices may be used to place calls over telephone lines only pursuant to a prior agreement between the persons involved, whereby the person called has agreed that he or she consents to receive such calls from the person calling, or as specified in Section 2874.

PUC 2874.  (a) Whenever telephone calls are placed through the use of an automatic dialing-announcing device, the device may be operated only after an unrecorded, natural voice announcement has been made to theperson called by the person calling. The announcement shall do all of the following:
(1) State the nature of the call and the name, address, and telephone number of the business or organization being represented, if any.
(2) Inquire as to whether the person called consents to hear the prerecorded message of the person calling.
_______________________________________________
Canon of Judicial Ethics that applies to this call

CANON 5
A JUDGE OR JUDICIAL CANDIDATE* SHALL REFRAIN FROM INAPPROPRIATE POLITICAL ACTIVITY

Judges are entitled to entertain their personal views on political questions. They are not required to surrender their rights or opinions as citizens. They shall, however, avoid political activity that may create the appearance of political bias or impropriety. Judicial independence and impartiality should dictate the conduct of judges and candidates* for judicial office.

Now if the CJP wasn’t Big Dave’s bitch, do you think they might have something to say about content in light of the coincidence that Clint Parish being prosecuted in State Bar Court for said mailer? What are the odds that sitting on the all-powerful litigation management committee someone might be actually managing litigation and sending a chilling message to attorneys of “don’t take us on – or risk disbarment….”

Source @:

http://judicialcouncilwatcher.com/2013/03/18/aoc-in-woodshed-over-lb-chief-re-appoints-three-to-judicial-council-from-the-desk-of-jcw/

++++++++++

Clint Parish
Clinton E. Parish, 41, is accused of making misrepresentations about himself and his opponent — Judge Dan Maguire — in the May 2012 election for Yolo County Superior Court.

Acccording to the State Bar of California, “Parish’s campaign materials falsely asserted, among other things, that his opponent was “involved in a sordid case of corporate fraud that involved payment of bribes in Russia.” Parish’s campaign website erroneously claimed that he had been endorsed by the Winters Police Department and his yard signs gave the false impression that he had judicial experience.”

 Robert A. Hawley
Mr. Robert Hawley, California State Bar Deputy Executive Director and an adjunct ethics professor at McGeorge School of Law, stated to the Sacramento Bee: “This is a serious charge…If the allegations are proved true, Parish could face penalties that range from a reprimand to disbarment.”

According to the Bee, “The State Bar’s disciplinary filing is rare. Just 28 such misconduct cases – including the one against Parish – have been filed by the bar since 2000, say State Bar officials. Of those, 21 cases were closed without an investigation. The Parish case is one of only two since 2000 to proceed to a hearing.”


California Judicial Council members Chief Justice Tani Cantil-Sakauye (“best friend” of Ruthe Ashley of financial scheme CaliforniaALL), Yolo County Superior Court PJ Dave Rosenberg, UC Irvine Foundation’s Mark Robinson of Robinson Calcagnie & Robinson (confederate of Cal Bar executive director Joe Dunn of UC Irvine Foundation / Voice of OC / CaliforniaALL ), Assistant US Attorney Angela Davis.  Subsequent to an allegedly inaccurate mailer sent by Yolo County Deputy District Attorney Clinton Parish , who was running for Yolo Superior Court judge against incumbent Judge Dan Maguire, Judge Dave Rosenberg issued the following veil threat against Parish: “This sort of phlegm tends to backfire. It flies back in the face of the expectorant.” (image:courtesy photos)

State Bar’s spokeswoman Laura Ernde stated to The Davis Enterprise that “the charges arose from a complaint that was filed with the State Bar, but the identity of the complainant is confidential at this point.”

As we mentioned previously, in response to the mailer sent by Parish’s campaign, a highly perturbed Judge Rosenberg launched an unprecedented attack on Parish.  This, despite knowing full well that California Canons of Judicial Ethics permit a judicial officers only to “endorse” candidates for judicial office. Specifically, and consistent with his new role, Judge Rosenberg, inappropriately so, resorted to sending a robocall out to many voters “to set the record straight” of what he called, “a nasty political hit piece” which “contains flat out lies and deceptions about a highly respected Judge here in Yolo County, Judge Dan Maguire.”  Judge Rosenberg also promised, inappropriately so, to retaliate against Clint Parish and issued a thinly veiled threat against him by stating: “This sort of phlegm tends to backfire. It flies back in the face of the expectorant.”

According to Yolo County-based Rabbi (“YR”), he is “shocked and disappointed” by the prosecution of Clint Parish and surrounding circumstances.

YR stated: “As a resident of Yolo County, I was exposed to the campaign material of both Parish and Judge Dan Maguire — who is by all accounts, a gentleman.”

“The circulated political propaganda made it very clear that Parish is a prosecutor and not a judge, and as such, I was never led to believe that Parish had prior judicial experience, as the State Bar falsely alleges.  Any other unfortunate alleged misstatements concerning Judge Maguire were the fault of Parish’s campaign manager, and once those alleged inaccuracies were brought to the attention of Parish, he immidetly disavowed them,” YR continued.

“At the risk of sounding kitschy, everyone needs to remember that we don’t live in an error-free world, and I call on the person who filed the complaint against Clint Parish with the State Bar of California to withdraw it —  be it, as I speculate, Judge Dave Rosenberg or our spineless DA Jeff Reisig,” YR concluded.

Related story, please see HERE

For more about :

Judge Rosenberg, please see HERE and HERE

Judge Dan Maguire, please see HERE

Jeff Reisig, please see HERE

++++++++++

Were Thomas Girardi and Joe Dunn Part of CaliforniaALL Financial Scheme in Judicial Council Capacity? Role of UCI Foundation’s Mark Robinson? Judge Dave Rosenberg as Potential Accessory In Re Sham Search Warrant ? Angela Davis?

Joe Dunn


MORRISON & FOERSTER TEAM: CHRIS YOUNG , JAMES BROSNAHAN, TONY WEST, ANNETTE CARNEGIE, SUSAN MAC CORMAC, ERIC TATE

” VOICE OF OC” TEAM — Henry Weinstein, Girardi & Keese’s Thomas Girardi , Morrison & Foerster’s James Brosnahan, and Joe Dunn.  In September of 2009, Dunn (with the help of Girardi and Brosnahan) launched “The Voice of Orange County” — an online publication.  Additionally, Dunn is a trustee with the UCI Foundation — an entity which absorbed most of the grants CaliforniaALL had bestowed.

As mentioned before, in a letter to Joe Dunn,  YR wrote “Once Ashley assumed the position, the Foundation of the State Bar of California (which is under the complete control of the BOG) made a quiet and unlawful transfer of approximately $780,000 from Cal Bar Foundation to CaliforniaALL. At the time of the transfer, the individuals controlling the Foundation were Holly Fujie, Girardi & Keese’s Howard Miller, Howard Rice’s Douglas Winthrop, Geoffrey Brown, and a few others.

CaliforniaALL never acknowledged receipt of the approximate $780,000 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.

During its brief existence, CaliforniaALL obtained additional funding of close to $1.5 million from utility companies such as Verizon Wireless, Sempra, PG&E, and others.

As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where you serve as trustee and chair of the Audit Committee. (Please note that this figure may change once I obtain CaliforniaALL’s final tax return.)

Note that from my perspective, the award of this grant is suspect as it appears that CaliforniaALL pre-selected UCI Foundation, making the simulated request for proposal (RFP) by Sarah Redfield that led to the grant a sham process. (Note also that Sarah Redfield later falsely claimed she “launched” SAL-UCI, and falsely stated on her resume that she was part of the “Curriculum Committee”; in reality, you and I know that SAL-UCI was established by Santana Ruiz and Rob Vicario, several years earlier.)

In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. In the same month and year, you publicly launched your online publication, “The Voice of OC.” Public sources have stated that the Voice of OC was financed by various foundations, unions, and the like.

The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent unlawful transfer of $780,000 from the Cal Bar Foundation to CaliforniaALL were also involved in assisting you with the creation of “Voice of OC” has caused me to entertain the thought that “Voice of OC” may have been a recipient, at least in part, of the $780,000 misappropriated from the State Bar of California.

This belief is heightened given various events’ proximity in time — as noted above, Ruthe Ashley left CaliforniaALL in the same month you launched “Voice of OC” (as though her mission had been completed). Moreover, the recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” ( as though they were fleeing the scene with guilty consciences), the refusal of SAL-UCI to disclose the amount it receive from CaliforniaALL, the simulated RFP, and CaliforniaALL’s pre-selection of the UCI Foundation as a recipient of funds only reinforce this belief. This is heightened by Mr. Thomas Girardi’s lack of credibility (pursuant to findings made by a panel of federal judges), and the friendship you share with him.”


Mr Tom Girardi of Los Angeles-based Girardi & Keese. Per findings adjudicated by 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. Subsequnet 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.

++++++++++++

Judge Dave Rosenberg as Potential Accessory After the Fact ?

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 JOE DUNN AND JON STREETER OF KEKER & VAN NEST PRESS 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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Letterhead Logo Smaller

March 18, 2013

Dear Members and Others,

The attached articles deal with two subjects that are inexorably intertwined. The first by Courthouse News reporter, Maria Dinzeo, recounts the fact that the Chief Justice has reappointed three current members to the Judicial Council. The second article, by The Recorder’s Cheryl Miller, details a recent legislative hearing that focused on the money-sucking Long Beach Courthouse.

These two issues must be viewed in the larger context of a dysfunctional form of branch governance and the lack of a real system of checks and balances.

Reappointing the same judges/justices who have failed to appropriately oversee the bloated and entrenched bureaucracy is not a recipe for success. Rather, it is history repeating itself. We have not found a single instance when any of these three re-appointed members has voted against an AOC staff recommendation. They have fallen in lock-step with the other appointees who supported the failed CCMS project and repeatedly overlooked wasteful spending on court construction and maintenance. Recently each joined in rejecting the Chief Justice’s Strategic Evaluation Committee’s recommendation to end telecommuting for central office staff.

And that history brings us to the second article concerning the Long Beach Courthouse.

The Alliance has obtained an un-redacted copy of the building and maintenance contract that has left the judiciary on the hook for $2.3 billion over the next 35 years. We looked high and we looked low in an effort to learn who entered into this agreement where the construction/maintenance company bore zero risk. We can tell you that NO local court officials inked this deal. The bureaucrats from the AOC own this debacle from A to Z.

The Legislative Analyst correctly observed that the Long Beach project would go way over budget. That same Legislative Analyst had presciently warned that CCMS had not been properly vetted and was in danger of failing. Again the warnings have been ignored. And who suffers for these blunders? Certainly not those who entered into these contracts from the central office or the Council members who have repeatedly failed to rein them in. Instead the price is paid by every trial court in this state that is forced to layoff critically needed staff, close courtrooms and courthouses, make do with unsafe and overcrowded facilities, and shorten business hours for the public seeking redress.

Last week the Chief Justice addressed both houses of the Legislature. In her remarks she observed: “Structurally” the judicial branch was “reborn a mere 16 years ago.” Later in referring to the branch as “16 years young” she went on to say, “Like any adolescent it needs a check-in.” The Alliance would go one step further in this analogy: What adult in their right mind would give a 16-year-old carte blanche to spend over three billion dollars a year and not expect bad decision making and wasteful spending?

As we did with the CCMS fiasco, the Alliance is asking for the Legislature — which appropriated these monies the AOC and Judicial Council have so badly mismanaged — to direct respected State Auditor Elaine Howle to conduct an audit of the construction and maintenance programs overseen by the AOC. We caution the legislature not to be misled into thinking that the AOC-commissioned Pegasus report is comparable to a real independent audit, any more than were AOC-sponsored reports on CCMS. It is not. What is needed is an independent evaluation, just as was done with CCMS.

Finally, we thank State Senator Loni Hancock for shining the light on the Long Beach Court financing debacle by holding a public meeting. Senator Hancock’s question to AOC staff: “How did you let this happen?” — referencing the apparent belief by branch leaders that the State General Fund would pay for this behemoth — harkens eerily back to the days when our branch leaders and AOC staff attempted to shift responsibility for the concept of CCMS onto past Governors. Nonsense.

Directors, Alliance of California Judges

Source @:

http://judicialcouncilwatcher.com/2013/03/18/aoc-in-woodshed-over-lb-chief-re-appoints-three-to-judicial-council-from-the-desk-of-jcw/

More on Judicial Council Technology Advisory Committee, CCMS, Judges Dan Maguire and Dave Rosneberg, Alliance of California Judges on Judge James Herman [TLR Note: 1. Contention by Alliance correct ? attached roster lists Terence Bruiniers as chair 2. By now, ample circumstantial evidence to entertain thoughts Judicial Council’s Judge Dave Rosenberg controlling / protecting / leading Maguire astray 3. Why Maguire ? easy to manipulate? vulnerable? crook? protecting Arnold’s secrets in re disquieting relationship with Ron George ? 4. Yolo bench zeal and motive in re search-seizure , pillory YR, and hope — perhaps incorrectly — to ascertain identity of confidential sources of both YR / Judicial Council Watcher ? separate and apart from zeal of others i.e. Jon Streeter, Munger Tolles, MoFo, Judicial Council’s Mark Robinson of UCI Foundation, who together with UCI Foundation’s Joe Dunn of Cal Bar / Voice of OC — part of initial phase of CalALL financial scheme — $780,000 from Cal Bar Foundation to CaliforniaALL to UCI Foundation — to launch “SALUCI” – entity already in existence, among other widespread fraud]

February 11, 2013

Dear Members and Others,

You probably have heard the expression, “The more things change, the more they seem to stay the same.” Well, indeed that appears to be true with the creation of yet another Judicial Council task force that will “develop a strategic plan for court technology.”

Some of you may wonder why this is happening when the Chairman of the powerful Judicial Council’s Rules Committee recently announced the reduction of committees and task forces. Although the Alliance is unable to answer that question, we cannot fail to make certain observations which should concern all of us as we attempt to rehabilitate the branch’s reputation and image with the Governor’s Office and the Legislature.

We need not take the time to restate in detail the colossal and embarrassing computer fiasco presided over by the Council and AOC staff known as CCMS. The bottom line is that over a half billion public dollars were wasted on a system that was ill conceived, poorly executed and doomed from the start due to, among other things, competency issues. This is not just our opinion. This was the conclusion made by respected State Auditor Elaine Howle after an exhaustive audit of the program, an audit that our branch leaders attempted to kill as “duplicative.”

We also should remember that, but for legislative intervention and years of vocal opposition from judges of the Alliance and others, public monies would still be flowing into CCMS. In fact, branch leaders continue to claim that CCMS works. They describe CCMS as a “Ferrari” for which we do not have the resources to fill the tank. So, there our valuable investment sits in a garage with no ability to go anywhere fast.

Which brings us to the new task force. The Chief Justice has appointed Judge James Herman to chair the task force. One of CCMS’s most vocal supporters, Judge Herman has sat on virtually every committee and task force connected to CCMS. In addition to this new task force, which will report to the Judicial Council’s Technology Committee, Judge Herman coincidentally also chairs that committee. So, in effect, he will be reporting to himself.

Making matters that much more efficient, the following members of the new task force also serve on Judge Herman’s Technology Committee: the Hon. Terrence Bruniers, Hon. Judith Ashmann-Gerst, Hon. Ira Kaufman and the Hon. Robert Moss. These members will likewise be reporting to themselves.

Staffing the new task force is Jessica Craven, who works in the AOC’s Information Technology Services Office. That is quite convenient as Ms. Craven also serves as the AOC staffer to Judge Herman’s Technology Committee. You should be aware that, prior to Ms. Craven’s new assignment to the IS division, she was assigned as a Senior Business Analyst in the Southern Regional Office which was tasked with developing and implementing CCMS. As of July 8, 2011, Ms. Craven was employed in the “CCMS Division,” which sometime thereafter morphed into the “IS Division.”

Clearly technology issues need to be addressed. Those early adopter courts which relied on CCMS being a game changer are now left with an outdated program which is expensive to maintain and operate, with no ability to purchase a replacement due to budget cuts.

It is shameful that our branch wasted over half a billion dollars on a failed computer system. We must take bold and immediate steps to restore our credibility with the Governor, Legislature, Legislative Analyst’s Office, the State Auditor and the Department of Finance. Creating “new” task forces and committees populated with the same leaders who presided over CCMS is not a winning strategy. Nor will this shell game impress the smart and sophisticated legislators and staff members who witnessed the CCMS disaster up close and personal.

As another example of how little things have changed in the operations of the AOC and Judicial Council, we offer a news report from KCRA in Sacramento about travel expenses for Judicial Council meetings. The story notes that more than $50,000 was spent last year on hotel accommodations for Judicial Council members. If these handpicked court leaders were effective stewards of the courts’ limited resources perhaps some travel expenses for their meetings could be justified, but at a time when the courts continue to be asked to do more with less shouldn’t we see a greater effort on their part to reduce these expenses? A direct link to the news video appears here.

These are just the latest examples of why the Alliance remains determined to bring democratic representation to the Judicial Council. “Speaking with one voice” only perpetuates and ensures that past mistakes will continue to be repeated. The continued unchecked spending of the Judicial Council, and the creation and operation of task forces that fail to provide meaningful oversight of projects like CCMS, further illustrate that these appointed court leaders do not embrace meaningful reform. The Alliance will continue to advocate for real change on behalf of our local courts.

Directors,

Alliance of California Judges

Source @:
http://judicialcouncilwatcher.com/2013/02/11/the-judicial-council-technology-task-force-banana-republic-style/
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10-4-11 Chief Justice Tani Cantil-Sakayue Appoints Yolo County Superior Court Judge Dan Maguire to California Judicial Council’s Technology Advisory Committee [ TLR Note: 1 – notice, again, Judge Dave Rosenberg’s unexplained enthusiasm and support of Maguire 2 – Technology Advisory Committee connection to failed CCMS /Arnold Schwarzenegger – Ronald George connection ? — Judicial Council Watcher, Dan Dydzak, Michael Paul hereby asked to opine]

Addendum to growing need exists to diversify bench of Yolo County – all judges Caucasian — unlike general population which also consists of many hard-working Latinos : images in support [ TLR Note: disappointing official site of Yolo County Superior Court lacks background, profile of judges i.e. Judge Dave Rosenberg part of Judicial Council ; Judge Daniel Maguire appointed by Chief Justice a Tani Cantil-Sakayue to Judicial Council Technology Committee ]

Hon. David Rosenberg
Presiding Judge
Department 4
Hon. Steven M. Basha
Civil Supervising Judge
Department 5
Hon. Stephen L. Mock
Criminal Supervising Judge
Department 3
Hon. Kathleen M. White
Department 1
Hon. Timothy L. Fall
Department 2
Hon. David W. Reed
Department 6
Hon. Paul K. Richardson
Department 7
Hon. Janet Gaard
Department 8
Hon. Janene B. Beronio
Department 9
Hon. J. Kent O’Mara
Department 10
Hon. Samuel T. McAdam
Department 14
Hon. Daniel P. Maguire
Department 15
Source @:

David Greenwald of People’s Vanguard of Davis Hereby Asked to Disclose Reason Your Publication VANGUARD COURT WATCH Did Not- Does Not Cover Matter of Ryan Clifford v. UC Davis [TLR Note: VANGUARD COURT WATCH lack of coverage in matters of Clifford v. UC Davis and separate events dealing with unlawful pretextual search of home of YR and seizure of all CaliforniaALL financial scheme related materials by armed posse from Yolo County District Attorney is viewed by The Leslie Brodie Report as strong circumstantial evidence David Greenwald reporting is suspect, compromised! ; Greenwald connections to UC Davis and/or Judge Dave Rosenberg?]

The Leslie Brodie Report obtained the following search results from Google:

Reisig site:http://davisvanguard.org

About 1,710 results

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Rosenberg site:http://davisvanguard.org

About 818 results

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Naliboff site:http://davisvanguard.org

About 38 results

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Ryan Clifford  site:http://davisvanguard.org

Your search – Ryan Clifford site:http://davisvanguard.org – did not match any documents.

Suggestions:

  • Make sure all words are spelled correctly.
  • Try different keywords.
  • Try more general keywords.
  • Try fewer keywords.

+++++For myriad injustices inflicted on Chrisitan-American Ryan Clifford, please see @:

https://lesliebrodie.wordpress.com//?s=Ryan+Clifford+++++

In Re CaliforniaALL financial scheme, Yolo DA, YR, below:

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

1

2

3

5

4

TO BE CONTINUED.

 

 

 

Yolo County Superior Court Judge Dan Maguire and Cassandra Walker Pye in Addendum to Donna Lucas of Lucas Public Affairs – Porter Novelli [TLR Note: 1- Both Maguire and Pye – also former staff of Governor Arnold Schwarzenegger and Maria Shriver 2- Donna Lucas is both part of Lucas Public Affairs and Porter Novelli — per begrudgingly CYA disclosure she issued concurrent with launching LPA 3 – AARP — pursuant to a concpiracy to procure fraud between Lucas, O’Connor, English and others — never disclosed O’Connor part of LPA 4- some of actors who congregated around Golden Pacific Bank – dubious. Similar to fraternity members who congregate around 7-Eleven on a Saturday night. Are they there to buy milk and cookies or booze?]

Cassandra Walker Pye
GOLDEN PACIFIC BANK DIRECTORS : (L-R) Donna Lucas, Richard Claussen, William Hauck , Pat Fong Kushida of sham entity CaliforniaALL and Cassandra Walker Pye


CALIFORNIA FORWARD DIRECTORS: Donna Lucas, Sunne McPeak, William Hauck, Stewart Kwoh of sham entity California Consumer Protection Foundation


LUCAS PUBLIC AFFAIRS: Donna Lucas, AARP’s Barbara O’Connor


VENOCO DIRECTORS : Donna Lucas,
Mark Snell of Sempra Energy


UC’s SCRIPPS INSTITUTION OF OCEANOGRAPHY: Donna Lucas, Marty Africa
(alleged paramour of James Brosnahan – self proclaimed “mastermind behind the Democratic Party”) and University of California Scripps Institution of Oceanography’s deposed marine researcher turned financier — Tony Haymet of CleanTECH / Pegasus Capital / Phillips & Associates


CALIFORNIA EMERGING TECHNOLOGY FUND (“CETF”) DIRECTORS: Sunne McPeak, AARP’s Barbara O’Connor, CETF’s Adviser and Costa Rica devotee — Kempster Group’s Brenda Kempster of Link Americas Foundation / ICT Literacy Portal sponsored by CETF. Link Americas Foundation’s Kempster and O’Connor are under scrutiny in connection with 2009 expense totaling $167,145.00 celebrating the inauguration of Barack Obama.


THE CALIFORNIA ENDOWMENT / LUCAS PUBLIC AFFAIRS/ BLUE CROSS CONNECTION — Donna Lucas,
William Hauck, The California Endowment’s Daniel Zingale


Donna Lucas, brother Kip Lipper, Darrell Steinberg of CaliforniaALL , Dennis Mangers

Cassandra Walker Pye Judge Dan Maguire of Yolo County Superior Court
Team Arnold Schwarzenegger:
Donna Lucas, Maria Shriver of Obama for America, Cassandra Walker Pye, Daniel Zingale, and Judge Dan Maguire


AARP- Porter Novelli – Bill Novelli Team: Donna Lucas Jeannine English of Cal Bar / AARP (nefarious lobbying wife of Howard Dickstein) and Barbara O’Connor

 

Chief Investigator of Yolo County District Attorney Bruce Naliboff Hereby Given Opportunity to Reply/Comment – Should He Choose to Accept — On Veracity of Ethics Complaint Filed Against Employees of the State Bar of California Which Prompted Naliboff to Obtain Search/Seizure Warrant From Judge Tim Fall on Grounds Ethics Complaints Constituted Criminal Conduct

Consistent with The Leslie Brodie Report’s commitment to integrity and adherence to the highest level of ethical journalism, and in order to report on both sides of a controversy while affording those involved the opportunity to comment; The Leslie Brodie Report hereby invites Chief Investigator of Yolo County District Attorney Bruce Naliboff to offer commentary on validity of allegations of criminal conduct leveled by the State Bar of California against YR, as well as on the validity, truth and varsity of your own Probable Cause Declaration presented to Judge Tim Fall of the Yolo County Superior Court.

Should you choose to accept, please feel free to leave your comment at the designated area marked “Leave a Comment.”
Copy of allegedly “false and malicious”  ethics complaints, please see @:

http://lesliebrodie.blog.co.uk/2013/01/09/part-1-tlr-special-report-yolo-county-district-attorney-s-bruce-naliboff-michael-cabral-perjurious-decleration-of-probable-cause-in-support-of-pr-15411996/

AND@:

http://lesliebrodie.blog.co.uk/2013/02/26/bruce-naliboff-chief-investigator-of-yolo-da-s-mealymouthed-declaration-of-probable-cause-before-judge-tim-fall-in-support-of-pretextual-warrant–15571897/

Davis Vanguard’s David Greenwald Commentary on State Bar of California Prosecution of Clint Parish ; More on Background Data on Judge Dave Rosenberg and Wife Lea Rosenberg ; Errata Re Judge Rosenberg [TLR Note: Data in re Judge Rosenberg and distinguished wife Lea Rosenberg for background purposes and cross-reference of information only i.e. to ascertain whether any wrongdoer may be “pulling a Werdegar” i.e. various parties bestowed benefits on spouse of AJ Kathryn Werdegar (David Werdegar’s Institute on Aging). In re Rosenbergs, an “intense” inquiry is being re-conducted, again, by YR especially due to 1) recent revelations implicating UC Davis MIND Institute’s Mark Friedman of Fulcrum Property in CalALL scheme 2) re-examining Judge Rosenberg’s connection to UC Davis, Cruz Reynoso. Generally speaking, since CalALL financial scheme involved UC Irvine Foundation’s Joe Dunn and Mark Robinson — entire UC system is presumed hostile to YR. Otherwise, ceteris paribus, Rosenbergs first-class citizens with unparalleled contributions to Yolo County)

Clinton Parish showed appallingly poor judgment last year in authorizing attacks against incumbent Judge Dan Maguire.  Even if those attacks had been accurate, it is questionable for one to play that sort of politics in a judicial race that is supposed to be about experience and neutrality, not politics.

How easily the charges were systematically dismantled under the least amount of inquiry, however, casts the situation in a very different light.  It calls into question Mr. Parish’s ability not only to be a judge, but also to be a prosecuting attorney.  After all, if you cast baseless charges against your political opponent, why would you not cast the same charges against a poor, defenseless defendant?

It is for those reasons, I think, that most people think Clinton Parish deserves whatever punishment befalls him by the State Bar.  And, while disbarment is unlikely, it is not necessarily unwarranted.

Please continue @:

http://davisvanguard.com/index.php?option=com_content&view=article&id=6137:commentary-making-an-example-of-clinton-parish&catid=74:court-watch&Itemid=100

 

Errata– Judge Rosenberg No Longer Presiding Judge of Yolo County

The Yolo Superior Court announced that the Steven M. Basha has been elected to serve as presiding judge upon the completion by current presiding judge David R. Rosenberg of his term on September 15, 2012.

Rosenberg has served for more than four years as presiding fudge with his term extended to permit him to fulfill his statewide responsibilities as Chair of the Trial Court Presiding Judges Advisory Committee. Those responsibilities end on September 15.

Basha is the current assistant presiding judge and has been responsible for the day-to-day judicial oversight of the Yolo Superior Court since January 1, 2012. In addition to the election of Basha as presiding judge, the Yolo Superior Court judges elected Kathleen M. White to be the assistant presiding judge, also effective September 15, 2012.

Source @:

http://woodlandrecord.com/basha-elected-as-presiding-judge-p2814-128.htm

 

Lea Rosenberg is a community activist currently serving as Co-President of Soroptimist International of Davis, Noble Grand (President) of the Davis Rebekah Lodge, and as a member of the Board of the Yolo County SPCA. Lea has opened her home to innumerable arts, education, political, charitable, and community events over the years.

Lea Rosenberg formerly served as President of the University Farm Circle, President of the Davis Art Center, President of the Davis PTA Council, President of the Davis School Arts Foundation, and Treasurer for numerous successful local political campaigns. She has been honored as Davis Citizen of the Year (the Covell Award). Lea Rosenberg has been chosen four times in an annual poll of readers of the Davis Enterprise as “Most Dedicated Community Volunteer.” She is a member of the Davis Odd Fellows Lodge, previously having served as Treasurer and as a Trustee of the Lodge, and having been chosen in 2006 as the “Member of the Year.” Currently, she serves as one of the three Trustees of the Davis Rebekah Lodge, and also serves as one of six board members of the Hall Board Association of the Odd Fellows and Rebekah Lodges, managing all property of the two Lodges. She has served as a long-time member of the Yolo County Democratic Central Committee. She also served for five years as a member of the Yolo County Fair Board of Directors, having been appointed to that position by the Governor of California.

She is married to Judge David Rosenberg, has two adult children (Jason and Janis) and one grandson (Jonathon). Lea is also Davis’ foremost Avon Lady, having been selected to the Avon President’s Club for over 26 years.

Lea is also an Avon Representative

Source @:

http://daviswiki.org/Lea_Rosenberg

The Leslie Brodie Report Updates Data as Seriatim Ethics Complaints with California Commission on Judicial Performance Loom for Yolo County Superior Court Judge Timothy Fall

TLR’s confederate YR will tomorrow file a formal ethics complaint with the California Commission on Judicial Performance against Judge Timothy Fall of Yolo County Superior Court.

Timothy

Judge Tim Fall (image:courtesy photo)

The complaint will contend that Judge Fall engaged in grave judicial misconduct in authorizing an armed posse to invade, search, and seize materials relating to an ethics complaint YR had filed with the State Bar of California.

Public Members of State Bar of California Board of Governors / Trustees

State Bar of California Board of Governors Public Members (L-R) Shrimpscam/BRISPEC’s Gwen Moore ; Gay-Godfather Dennis Mangers ; Jeannine English – spouse of controversial gambling attorney Howard Dickstein; George Davis of Davis Broadband (image: courtesy)

According to executives and directors of the State Bar of California, a complaint YR had filed constituted criminal conduct as it was “false and malicious.”

YR maintains that the complaint was neither false nor malicious and that, in any event, Judge Fall was never presented with any evidence whatsoever to support finding of probable cause (see details below).

Separately, the complaint will also allege that Judge Fall engaged in grave misconduct by allowing the armed posse to search and seize materials dealing specifically with Starr Babcock and Joe Dunn.  Likewise, YR contends that  Judge Fall was never presented with any evidence whatsoever to support findings of probable cause as to authorize search and seizure of materials dealing with Joe Dunn and Starr Babcock.

Due to the complexity of the surrounding facts, the allegations of misconduct will be addressed in three separate ethics complaints (rather than one), and  will be filed seriatim.

For background, including an updated copy of the search warrant which mentiones the name of Starr Babcock, please see @:

http://lesliebrodie.blog.co.uk/2012/03/06/in-letter-to-ninth-circuit-judges-complainant-blasts-california-bar-re-federal-misconduct-case-of-tom-girardi-alleges-joseph-dunn-aided-by-morris-13075073/

For details dealing with the alleged false and malicious ethics complaint, please see @:

http://lesliebrodie.blog.co.uk/2013/01/09/part-1-tlr-special-report-yolo-county-district-attorney-s-bruce-naliboff-michael-cabral-perjurious-decleration-of-probable-cause-in-support-of-pr-15411996/

Dan Dydzak — Esteemed Legal Scholar and Champion of Justice — Hereby Asked to Disclose All Facts Relating to Relationship Between Darrell Steinberg of CaliforniaALL , Steinberg’s Assistant — Prominent Gay Godfather Dennis Mangers; and Judge Dave Rosenberg of Yolo County in Context of Pressing False Criminal Charges by, Among Others , BOG Member Dennis Mangers and Subsequent Unlawful Search & Seizure of Alleged Confidential Communication Between Dydzak and YR

Darrell Steinberg

Senate President Pro Tem Darrell Steinberg (image: courtesy photo)

Darrell Steinberg, as part of CaliforniaALL’s Advisory Council, see below:

 California ALL Advisory Council

Dennis Mangers

Mr. Dennis Mangers (image: courtesy photo)

GGodfather Dennis Mangers of Carmichael, California is a retired senior adviser to Senate President Pro Tem Darrell Steinberg, who made the decision to appoint Dennis Mangers as member of the State Bar of California Board of Governors in September of 2010, please see @:

http://www.calbarjournal.com/September2010/TopHeadlines/th9.aspx

 

Dennis Mangers, as co-conspirator in a scheme to file false criminal charges against Yolo County-based Rabbi, see below:

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

1

2

3

5

4

TO BE CONTINUED.

 

Judicial Council Watcher on More Construction Woes; Judge McMaster Editorial; ACJ News; Conference Signups

January 28, 2012

Dear Members and Others,

By now, most of you should be aware that the Administrative Office of the Courts entered in to a “Private Public Partnership” for the building and maintenance of one courthouse in Long Beach that will cost roughly $61 million dollars a year for the next 35 years. Branch leaders have maintained that they expected the State’s General Fund to pick up that tab. Many, including the respected Legislative Analyst’s Office, cautioned against that premise. That is one of the reasons why little to no building or needed maintenance on existing courthouses will occur for the foreseeable future.

In yet another troubling development, San Diego’s  ABC affiliate has uncovered that the AOC entered in to a 10 year lease for the 4th District Court of Appeal in the upscale Symphony Towers that will cost the taxpayers more than $23 million dollars. At this price, the report notes,  this lease will cost more than 38% of the average leasing rates. Click here for the print and video link to that story.  http://www.10news.com/news/investigations/team-10-state-court-rents-high-end-offices-in-san-diego-at-taxpayer-expense01232013

Equally disturbing was the decision to bar the press from access to the 4th District’s offices.  In a prepared statement a “court spokesman” explained this decision by stating, “There’s nothing in it for the courts.”  We have been informed that at least one Justice objected to this decision.

The Alliance believes that, absent some very compelling reasons, the media and the public should be granted reasonable access to their courthouses, other than those which have been closed due to the misplaced priorities of branch leadership.

We attach also for your review an excellent opinion piece by retired Sacramento Superior Court Judge Loren McMaster which responds to a recent Sacramento Bee editorial encouraging judges to “get on the same page” as our branch leaders. The Alliance agrees with Judge McMaster’s conclusion that a democratized Judicial Council is the only way for meaningful reform to occur. Click on this link for the article.  http://www.sacbee.com/2013/01/27/5141876/dissidents-in-court-debate-are.html 

We also wish to inform you that last Friday night retired Los Angeles Superior Court Judge and former ACJ director Charles Horan was awarded one of the prestigious Persons of the Year awards given by The Los Angeles Metropolitan News-Enterprise Legal Newspaper for his courage in taking on, among other issues, the wasteful CCMS debacle. Also honored at this year’s ceremony were Retired Los Angeles Superior Court Judge Lawrence Crispo and California State Bar President Patrick Kelly.

Last year our Chief Justice and former Governor George Deukmejian were the award recipients. At this year’s event Governor Deukmejian and his wife Gloria were in attendance, as well as a large number of judges and other dignitaries including Los Angeles Superior Court Presiding Judge Dave Wesley, incoming Los Angeles District Attorney Jackie Lacy, Los Angeles Sheriff Lee Baca, and Los Angeles Supervisor Michael Antonovich.

Finally, we are glad to report that prior to the Metropolitan News event, the ACJ hosted a reception to honor former Assembly Majority Leader Charles Calderon for his tireless efforts in getting significant portions of AB 1208 signed in to law via a trailer bill to last year’s budget. The Alliance presented Mr. Calderon with our Legislator of the Year award which he gracefully accepted.  Also honored by the Alliance were outgoing President Judge David Lampe and one of our founding Directors Judge Maryanne Gilliard.

The Alliance continues to move forward on a number of fronts. Of course we have our first educational conference the weekend of March 1st through the 3rd. If you have not yet signed up to attend you can do so by clicking on this link.  We invited the Chief Justice to attend and provide remarks but she politely declined. We are also continuing on with the success of last year’s trailer bill in contacting  legislators and building upon our continuing relationships with the Governor’s Office, the Speaker’s Office, the Senate Pro Tem’s Office as well as the Legislative Analyst’s Office and the State Auditor.

Thank you for your continued support.

Directors, Alliance of California Judges
_____________________________

Another View: ‘Dissidents’ in Court Debate are the Heroes (link)

_____________________________

Additional Information regarding San Diego’s 4th district division one and other courts of appeals from Michael Paul who worked on this and most other projects

The entire 4th district court of appeals, including Divisions One, Two and Three all occupy opulent office space with those in Riverside and Santa Ana being owned courthouses. The San Diego Opera towers lease has been in effect for years before it was renewed. When it was renewed, it added another floor and thousands of additional square feet to an already existing lease. To get an idea of the cards that the old state court system dealt themselves in court unification and construction funding, one only needs to tour the spare-no-expense appellate courts in the third, fourth and fifth district courts of appeals which were all at the front of the line. There is a very good reason these courts indicate that there is nothing in it for them to permit the press to tour these build outs and that reason is that it’s obvious that no expense was spared in these spaces. You’ll also find that most of the judicial branch ‘leadership’ were the self-dealing benefactors in these build outs and god forbid those facts come to light.

The court that is the most scandalous by a long shot is the Third District Court of Appeals in Sacramento, where a whole floor in the U.S. Bank building was rented and built out as if the courts would occupy it forever in a brand new high-rise. (Press Release) What makes this build-out scandalous is the expense incurred for a temporary couple of year period while the original 3rd district court of appeals building (link) undergoes a complete remodeling by the Department of General Services.

The so-called swing space project could have been completed for less than half of what was spent given that they are only temporary offices that should be vacated this year. We used to joke around about some well-connected law firm already being pre-positioned to pick up that space for a song after the 3rd district leaves that building and that this build out was benefiting some later private entity to occupy it. All of that third district court of appeals opulence that will sooner or later end up in a private law firms hands was funded entirely by the California taxpayer. Sacramento actually outdid San Diego given that the space will only be occupied by the court for a few years but the general interior design architecture is about the same. 

Produced in association with Yen Interactive Media – contact Michael.Paul@yeninteractivemedia.com

Source @:

https://judicialcouncilwatcher.wordpress.com/2013/01/29/more-construction-woes-judge-mcmaster-editorial-acj-news-conference-signups/

 

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/

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

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

1

2

3

5

4

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.

The Leslie Brodie Report Presents Behind the Scene Look at Keyword Analysis / Number of Visitors During 24-Hour Period

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Judicial Council Watcher Lashes Out at Yolo’s Dave Rosenberg [TLR Note: DR now under greater scrutiny in NO PC Warrant as recent EXIF Data obtains from Matkins proves beyond doubt JC’s Robinson of UCI Foundation (as is Dunn) part of embezzlement scheme]

We call Judge Rosenberg our favorite hockey puck because much like a hockey puck, he doesn’t seem to know what side he’s on. Today we’re in receipt of a second non-credible Paul Jones article featuring Dave Rosenberg. Paul Jones works for Daily Journal Corporation, the same Daily Journal Corporation that collects millions from the AOC every year to maintain Sustain. So when we see an article that looks a bit suspicious, we rely upon our media company’s guidance and take serious our obligation to gather more information and if it warrants we’ll either expand on the story or cry foul.

This time it will be the latter.

Unlike the Daily Journal Corporation, we have no connection to and therefore are not beholden to anyone in California’s judicial branch. Unlike other media, we don’t fear a loss of judicial access because we have direct rank-and-file access to the people that work with and surround our judges and justices on a daily basis.

Ever since the days of Amy Yarborough who did a few hard hitting pieces on the AOC, the Daily Journal Corporation appears to be selling out to the AOC. In an apparent effort to protect and preserve their income stream, they’ve released several one-sided articles of a questionable nature.  The ones we’re crying foul on today are two articles done by both Paul Jones featuring  ACJ  & Judicial Council  member Judge Dave Rosenberg.

In both of these articles, Dave is crying foul and complaining that the Alliance of California Judges isn’t a democratic institution and that they don’t practice what they preach. Paul Jones alleges in his articles for whatever reason that the Alliance of California Judges has no comment with respect to Rosenberg’s allegations. So we sent out a few emails seeking to find out more information about the latest Paul Jones article where Judge Rosenberg is complaining that he did not have the opportunity to elect the President, the treasurer or the secretary and that the ACJ does not practice what it preaches with respect to (Judicial Council) Democratization.

Without going further we would first question the merits of his argument.

A private organization promoting democracy isn’t democratic so why should a public entity be democratic?

Is crack cocaine a problem in Yolo county or does that argument come from smoking cow pies?

Nonetheless, we chose to pursue the story. Partly because we were afraid our hip-waders weren’t quite deep enough to trudge through that B.S. but mostly because the claim rings hollow. As you might already know, we’re real sticklers when it comes to hypocrisy and if we see hypocrisy we’re not about to brush it aside. It’s just too juicy for us to resist.

To become a member of the ACJ, Rosenberg sent an email. He wasn’t asked to pay any membership fees, he was just asked to send an email to become a member because that is all that is required. Judge Rosenberg has let one thing be clear. He’s made it abundantly clear that he wishes to preserve the status quo and his big fish in a small pond status. Now for our part, we already picked a few good articles and took a few goes at big Dave, most notably in our articles “Judge Rosenberg takes the point and is picked off” and “The Rosenberg Rebuttal – By Judge Robert Dukes“ Having his big fish small pond opinion snuffed out twice, he took to hiding behind paid publications mistakenly assuming he is out of our reach.

Sorry Dave.
 
Well, not really.

In about three hours, we received all of the answers to our email. If only Judge Rosenberg or Paul Jones had sent an email, they might have likely got the same replies we did. We sought to clarify Judge Rosenberg’s allegations about the ACJ being a non-democratic institution with its members unable to vote, voice concern, choose members or steer policy.

Frankly, we would suggest that if he needs an organization to manipulate, he need only keep his dues paid at the CJA. (yeah –  low blow – sorry CJA)

In response to how the new executive positions in the ACJ came to be, we received this reply and frankly, it seems like a democratic process to us but hey, you be the judge and tell us if it makes sense and sounds like a democratic process of a private organization to you.

When we reviewed this reply, the first thing that popped in our head was a Nancy Pelosi wanting to join the conservative coalition or Glenn Beck wanting to join moveon.org.

Sure, you can join, but you don’t share the same views or values as the rest of them so you’re probably not going to be that big fish and it’s going to be an unfriendly pond.

+++++++++++++++++++++++++

The Alliance of California Judges was formed on September 11, 2009. Thereafter, we became a private 501(c)(6) mutual benefit corporation.

Our original directors were chosen upon our formation. Since that time, several more directors have been added to increase the size and geographical diversity of our board. In each instance, this was by a vote of the board of directors. All of our directors have been elected from those who have expressed a willingness and desire to serve, and each has demonstrated a commitment to the goals of the Alliance. At this point, no one who has expressed interest in serving has been denied that opportunity, though of course private organizations are free to organize their governance structures in any way they see fit and in a manner that ensures that the goals of the organization are best served.

Fortunately, we have had no difficulty in identifying individuals who have a proven track record of speaking out against waste and abuse. Any active judge is free to join the Alliance, including those who who do not actively support the goals of the organization. However, those individuals would understandably not be likely to seek, nor be asked to assume, a leadership position.

We are a grass roots voluntary association, operated pursuant to our bylaws. We welcome all judges as members and we urge them all to become more involved in the organization. Directors are all full-time judges and justices, who work incredibly long hours at their jobs and then volunteer hundreds more hours each year on their own time. To this point, nearly every director has incurred considerable expenses for which no reimbursement has been requested or paid, as we do not have a mandatory dues schedule, though we do accept voluntary non-tax deductible donations. Unlike the Judicial Council, we are not a public agency and we are not able to establish and fund an administrative staff with taxpayer money.

The Alliance directors met at our annual meeting on December 11, 2012, and voted to install Judge Steve White as president. Judge Lampe was gracious enough to continue on as executive director. Directors may resign or be chosen to join the board, as needed, and the board has never failed to consider input from any member with respect to the leadership and direction of the association.

Source@: http://judicialcouncilwatcher.wordpress.com/2012/12/19/democracy-paul-jones-a… 

————–

Related stories :  

EXIF Data, please see @:

http://lesliebrodie.blog.co.uk/2012/12/17/disgraced-federal-judge-morrison-en…

 

Mark Robinson, please see @:

https://lesliebrodie.wordpress.com/category/mark-robinson/

 

Allen Matkins, please see @:

https://lesliebrodie.wordpress.com/category/allen-matkins/

 

CaliforniaALL, please see @:

http://californiaall.posterous.com/

 

No probable cause search warrant (whereas Judge Dave Rosenberg is under scrutiny for “clearing the way”), please see @:

http://lesliebrodie.blog.co.uk/2012/03/06/in-letter-to-ninth-circuit-judges-c…

 

 

 

Membership Roster of California’s Judicial Council (TLR Note: Mike Feuer ? )

The Judicial Council is the policymaking body of the California courts, the largest court system in the nation. Under the leadership of the Chief Justice and in accordance with the California Constitution, the council is responsible for ensuring the consistent, independent, impartial, and accessible administration of justice. The Administrative Office of the Courts (AOC) implements the council’s policies.

Judicial Council Members

Chair

Chief Justice Tani G. Cantil-Sakauye
Chief Justice of California

Supreme Court

Hon. Marvin R. Baxter
Associate Justice of the Supreme Court

Courts of Appeal

Hon. Judith Ashmann-Gerst
Associate Justice of the Court of Appeal
Second Appellate District, Division Two
Los Angeles

Hon. Harry E. Hull, Jr.
Associate Justice of the Court of Appeal
Third Appellate District
Sacramento
   

Hon. Douglas P. Miller
Associate Justice of the Court of Appeal
Fourth Appellate District, Division Two
Riverside

Trial Courts

Hon. Stephen H. Baker
Judge of the Superior Court of California,
County of Shasta

Hon. James R. Brandlin
Judge of the Superior Court of California,
County of Los Angeles

Hon. David De Alba
Judge of the Superior Court of California,
County of Sacramento

Hon. Emilie H. Elias
Judge of the Superior Court of California
County of Los Angeles

Hon. Sherrill A. Ellsworth
Presiding Judge of the Superior Court of California,
County of Riverside
   

Hon. James E. Herman
Judge of the Superior Court of California,
County of Santa Barbara

Hon. Teri L. Jackson
Judge of the Superior Court of California,
County of San Francisco

Hon. Ira R. Kaufman
Assistant Presiding Judge of the Superior Court of California,
County of Plumas

Hon. Mary Ann O’Malley
Judge of the Superior Court of California,
County of Contra Costa

Hon. David Rosenberg
Judge of the Superior Court of California,
County of Yolo

Legislature

Hon. Noreen Evans
Member of the California State Senate

State Bar

Ms. Angela J. Davis
United States Department of Justice
Office of U.S. Attorney

Mr. James P. Fox
Attorney at Law
   

Ms. Edith R. Matthai
Attorney at Law

Mr. Mark P. Robinson, Jr.
Attorney at Law

Advisory Members

Hon. Sue Alexander
Commissioner of the Superior Court of California,
County of Alameda

Mr. Alan Carlson
Chief Executive Officer
Superior Court of California,
County of Orange

Hon. Laurie M. Earl
Presiding Judge of the Superior Court of California,
County of Sacramento

Hon. Allan D. Hardcastle
Judge of the Superior Court of California,
County of Sonoma

Hon. Morris D. Jacobson
Judge of the Superior Court of California,
County of Alameda

Hon. Brian L. McCabe
Presiding Judge of the Superior Court of California,
County of Merced
   

Hon. Robert James Moss
Judge of the Superior Court of California,
County of Orange

Hon. Kenneth K. So
Judge of the Superior Court of California,
County of San Diego

Ms. Mary Beth Todd
Court Executive Officer
Superior Court of California,
County of Sutter

Hon. Charles D. Wachob
Assistant Presiding Judge of the Superior Court of California,
County of Placer

Mr. David H. Yamasaki
Court Executive Officer
Superior Court of California,
County of Santa Clara

Secretary

Judge Steven Jahr
Administrative Director of the Courts

Source credit@: http://www.courts.ca.gov/4645.htm

Judicial Council Watcher on Free Speech/Return of Prior Restraint at Judicial Council

Free speech continues to be one of the pillars that holds our democracy together. During the George \ Huffman years, there was no such thing as free speech in council meetings. Your comments needed to be submitted and pre-approved in advance of the public meeting. It’s called prior restraint of free speech and it is wrong for any government agency to engage in. In fact, it should be unlawful.
 

During the beginning of the Cantil-Sakauye administration they touted transparency and accountability and the Chief Justice suspended the title ten rules (10.6d and 10.6e) that insisted upon prior restraint of free speech. In case any of you haven’t already figured this out, those who have lost control of the message are out to regain control of the message. First, it was Justice Harry Hull who was tasked with intercepting certain public information requests and creating additional barriers to those requests by insisting that they be hand written with your signature and snail-mailed personally to him. Second, it was with this proposed new rule of court that suggests that speaking with anything but one voice is an ethics violation.  Now, prior restraint of speech has returned to the star chamber.

The suspension of title ten rules has been lifted, prior restraint has returned and is alive and well in the star chamber just as the latest boondoggle over the long beach courthouse surfaces. But then again, ’tis the season for budget politics and we can’t permit any audience that might be inclined to speak with anything other than one voice because someone important might be listening.

While we agree that the new Chief Justice has been pummeled since she took office, it wasn’t free speech that did her in. What did her in was her continuing the policies of the former George administration and her insistence of keeping the same players on the field despite the overwhelming evidence that this bunch of yahoos has caused more damage to the court system than just about anyone else in the history of the California judiciary.

Nothing has changed in that regards. These yahoos continue to tarnish the reputation of the judiciary with the blessing of the Chief Justice. Attempting to clamp down on dissent hasn’t quieted us and it is us that has led the charge for meaningful reforms. We won’t be silenced until a democratically elected council indicates to us in writing that our services are no longer needed.

No, they don’t have to put such a request above their signature, they just have to make the request as a democratically elected body. Yes, we will accept an email request.

There is now a concerted assault on dissent in the judicial branch and for some reason they believe that this will work. After all, didn’t it work swell under AOC Watchers reign while they were blowing holes in King George? The prior restraint bit lent credibility to AOC Watcher and we can plainly see our readership numbers rise again as they clamp down on dissent.

Please continue @: http://judicialcouncilwatcher.wordpress.com/2012/12/08/the-judicial-council-r…

TIMELINE 2012: California Republican Assembly Sgt. at Arms Aaron Park on Yolo County Superior Court Judge Dan Maguire (TLR Note:Notice Yolo Judges Maguire / Rosenberg Both Conduit Between Yolo’s Cache Creek Casino/ Dickstein and Cal Governors)

Source: http://www.rightondaily.com/2012/04/dan-maguire-arnold-schwarzeneggers-travel…

There is an organization called the California Protocol Foundation – it is a 501(c)3 that is housed in the exact same address and suite as the California Chamber of Commerce.

The California Protocol Foundation appears to have been used as a conduit for Arnold Schwarzenegger’s travel expenses while he was governor.

Where does Dan Maguire come in? Dan Maguire is an inexperienced civil law attorney that Arnold appointed to the bench in Yolo County. Dan Maguire was one of Arnold’s closest attorneys in the days of his administration.

Dan Maguire is running for re-election as Judge and was appointed apparently as a payoff by Arnold for his years of loyal service as Maguire apparently never prosecuted or investigated a felony case in his legal career. (With one big exception – to be discussed later)

Archived articles obtained by this blogger show that Dan Maguire was up to his neck in a scandal (one of many that beset Arnold’s administration) related to using the CA Protocol Foundation as a conduit for paying for Arnold’s Private Jet. The totals are staggering – as much as $1.7 million a year to fly all around the world.

Schwarzenegger’s abuse of Non-Profit rules led to ethics reform that Dan Maguire fought against.

The LA Times covered the regulator’s decisions to close the loophole.

The money quotes from the article are here:

Beginning in coming weeks, contributions to nonprofits that are directed to a specific public official will be limited to $420, making it illegal to solicit large donations to pay for chartered jets to China, Europe and the Middle East, as Schwarzenegger has done in the past.

Although the new rules might not affect Schwarzenegger’s travel plans, his lawyer (Dan Maguire) says he will have to be mindful of the regulation as he raises money for a climate summit he has scheduled for late September in Los Angeles.

Donors to the Protocol Foundation contributed more than $1 million for a similar conference last fall, state records show, including $250,000 from the Aga Khan Development Network, a charity run by the spiritual leader of Shiite Muslims. That was the largest single gift to the foundation on Schwarzenegger’s behalf in 2009, according to the records.

Under the new regulations, the Aga Khan could still pay for general production costs at the conference, but “he couldn’t pay for someone’s travel” or anything else that could be construed as a gift to an individual, said Schwarzenegger lawyer Dan Maguire.

hmmm…  Dan Maguire was Arnold’s travel agent. It appears that he used to arrange travel for the former Governor to all parts of the world while the rest of us dealing with the financial train wreck the Governor created in California.

Please continue @:

http://www.rightondaily.com/2012/04/dan-maguire-arnold-schwarzeneggers-travel…

Payments to Eligible Class Members Being Mailed in Collusive Litigation Fogel v. Farmers Group Involving Raoul Kennedy / Thomas Nolan / Alec Chang of Skadden Arps and Skadden’s Clients Tom Girardi / Walter Lack of In Re Girardi

Los Angeles Superior Court Judge William Highberger  granted final approval to the Settlement on December 21, 2011. 

Certain appeals were filed, but they are no longer pending, and the Court’s decision is final.  Payments to eligible class members will be mailed during the week ending Friday November 2, 2012.

Source: https://fogelsettlement.com/Home.aspx

BACKGROUND:

Fogel v. Farmers Group Inc.) is primarily based on the case originally advanced by the State of Texas and Governor Rick Perry, along with the Texas Department of Insurance, against Farmers Group, Inc. in approximately 2002.

Within days after the State of Texas filed the case, settlement negotiations commenced, and very shortly thereafter a settlement was announced in the amount of approximately $100 million. Joe K. Longley, an attorney from Austin, Texas (alongside Philip K. Maxwell and Steve McCleery), representing policyholder Jan Lubin, stated that Texas is settling on the “cheap,” and immediately commenced legal proceedings to derail the settlement.

Farmers’ policyholders Gilberto Villanueva and Michael Paladino both had previous class actions pending in the State of Texas prior to the State action being brought. These Intervenors were represented by State Bar of Texas members Alice Oliver-Parrott, David Burrow, David Jones, and R. Martin Weber.

At that time, Mr. Longley publicly stated that Farmers was unfairly enriched in an amount 10 times greater than the settlement amount, and presumably Mr. Longley wanted the State of Texas to settle for an amount close to $1 billion. Longley. along with several other lawyers (Phil Maxwell, Mike Gallagher, and Stephen McCleery), who were later joined by David Burrow, Alice Oliver-Parrot, Mike Gallagher and Dan Downey (collectively “Texas Class Counsel” ), immediately commenced legal proceedings to halt the settlement.

Beginning in December 2002 and continuing thereafter for five months in 2003, the parties engaged in intensive discovery; motion practice; document review; hearing preparation; hearings; and depositions, and extensive lawyer time and effort took place to prepare for, and participate in, the preliminary approval hearing the Texas District Court had set to be heard commencing in May 2003.

In February 2003, it became apparent to the Lubin’s co-counsel that additional legal assistance was needed. Mike Gallagher and Dan Downey were added at that time to act as co-counsel, with Longley & Maxwell, LLP, in representing Jan Lubin.

During those proceedings, particularly during the initial phase, Texas Class Counsel obtained and reviewed thousands of documents, and through masterful lawyering, and while opposed by the endless resources of the Attorney General of the State of Texas managed to derail the settlement. This matter became known as the “Lubin Proceedings,” and is still pending in the Texas courts, 261 Judicial District Court of Travis County.


Governor of Texas, Rick Perry, noted that “Farmers Insurance represent nearly twenty percent of the homeowners’ insurance market in Texas.”  Governor Perry further noted that “the investigations are still ongoing, but the findings reflect that at least on company, Farmers Insurance, has engaged in unfair, discriminatory prices to charge consume excessive and unjustified rates.” In the above photo, Governor Perry is seen before a hunting trip near Merrill, Iowa. (Photo Credit: AP Photo/Dave Weaver)

Recognizing that much of the legal work was already completed by the State of Texas and the Texas Department of Insurance — which gave rise to a presumption of validity and credibility to the allegations against Farmers — Mr. Longley and some of the Texas Class Counsel saw the enourmous opportunity that had been presented to them and sought to file a nationwide class action against Farmers.

As such, in 2003, Longley and a few of the Texas Class Counsel flew to Los Angeles to meet with Messrs. Thomas Girardi (of Girardi & Keese) and Walter Lack (of Engstrom Lipscomb & Lack); one month later, after the appropriate plaintiff had been selected, the case was filed in the Los Angeles Superior Court styled Benjamin Fogel v Farmers Group Inc.

In approximately 2010, a settlement was reached in this pending matter allocating $455 million to be shared by the class, and $90 million in attorneys’ fees. Class counsel (both from Texas and California) advanced a motion for attorneys’ fees supported by declarations and exhibits. The declarations from Texas Class Counsel submitted to this Court are based on work performed in BOTH the Lubin and Fogel matters.

 

GIRARDI AND LACK

Usually, the relationship between Girardi & Keese and Engstrom Lipscomb & Lack is based on a business model whereby Girardi & Keese and Thomas Girardi are responsible for financing the litigation, as well as providing much needed “clout,” very often withing the judicial system of Los Angeles County and the State Bar of California (to wit Thomas Girardi’s friendship with former California Supreme Court Chief Justice George; his friendship with former California State Bar Chief Trial Counsel and former crack addict Mike Nisperos, to whom Girardi serve as a “mentor”; his financing of the political career of the present Executive Director of the State Bar of California, Hon. Senator Joe Dunn; and other questionable “friendships” and relationships, the basis of which are usually political contributions and gifts).

Walter Lack and his firm, who are more methodical, are responsible for the day-to-day management of the litigation through motion practice, discovery, hearings etc. Once serious settlement negotiations commence, Mr. Girardi himself takes over the discussions, and has the final say on whether and under what terms the case should settle.

 

YR’S ETHICS COMPLAINT AGAINST SKADDEN GIRARDI LACK

According to sources familiar with the situation, ethical breaches took place as a result of Skadden Arps’ representation of Girardi & Keese in the matter of In Re Girardi because, at the same time, Girardi & Keese and Skadden Arps were on opposing sides in the case of Fogel v. Farmers Group, Inc.

According to the sources, the parties named in the complaint were Raoul Kennedy, Thomas Nolan, and Richard Zurmoski of Skadden Arps as well as Graham LippSmith and Thomas Girardi of Girardi & Keese.

Fogel v. Farmers, Skadden Arps, Girardi & Keese,

The complaint alleged that in August 2003, Walter Lack (of Engstrom, Lipscomb & Lack) and Thomas Girardi and Graham LippSmith (of Girardi & Keese) filed a class action suit on behalf of plaintiffs Benjamin Fogel against Farmers Group, Inc. in Los Angeles County Superior Court. The suit — which is still pending and is anticipated to settle in September 2011 — was defended by attorneys from Skadden Arps (Raoul Kennedy and Richard Zurmoski).

Despite their respective roles as plaintiffs’ counsel and defendants’ counsel in Fogel v. Farmers, Girardi & Keese and Skadden Arps entered into an agreement by which Skadden Arps and partner Thomas Nolan would represent Girardi & Keese and Thomas Girardi before the Ninth Circuit in the matter of In re Girardi following the Ninth Circuit’s issuance of an order to show cause why Girardi & Keese, Engstrom Lipscomb & Lack, Thomas Girardi, and Walter Lack should not be suspended, disbarred, or otherwise sanctioned as a result of the massive fraud which took place in litigation pursued by them against Dole Food Company.

On July 13, 2010, the Ninth Circuit issued an order suspending Walter Lack for a period of six months and reprimanding Girardi; the order also imposed almost $500,000 in monetary sanctions against the two attorneys.

In Re Girardi

Skadden Arps Thomas Nolan

On July 14 2010, in an attempt to conceal their attorney-client relationship, Skadden Arps and Thomas Nolan filed a motion with the Ninth Circuit asking for their names to be redacted from the published opinion.

 

Skadden Arps and its clients were in a rush to remove their names from the Ninth Circuit’s published decision in hopes of further hiding from the public  the existence of its relationship with Girardi & Keese, see above.  Below is yet another sample of a  letter/objection alluding to the improper relationhip between Skadden Arps and Girardi & Keese.

 

On April 28, 2011, after Zurich Financial Group and Farmers Group, Inc. realized that a complaint had been filed with the State Bar of California alleging ethical violations, attorneys for both Zurich and Farmers approached the Los Angeles County Superior Court judge overseeing the Fogel matter (Judge William Highberger), seeking and obtaining an ex parte order modifying the settlement agreement, with little or no opposition from the plaintiff class. (Thomas Girardi, Walter Lack, as well as several attorneys form the state of Texas)

Additionally, per the ex-parte order, the class was notified that once the court approves the settlement, class members will be prohibiting from alleging in the future that they were not adequately represented by their attorneys due to the prior attorney client relationship between Girardi & Keese and Skadden Arps.

 


A substantial factor leading to the State Bar of California’s ethical and moral collapse allowing Thomas Girardi, Skadden Arps, and others to operate with impunity was provided courtesy of individuals who fall into two categories: minorities and/or close political allies from

Shockingly, and based on the ex parte papers submitted by Zurich and Farmers which were, presumably (and predictably), unopposed by class counsel (because any opposition would expose their own misconduct), the Court issued an order allowing the modification of a notice to the class by which the members would be informed of the attorney-client relationship between Skadden Arps and Girardi & Keese. The order also, shockingly, stated that members of the class would be prohibited in the future from asserting that they were not adequately represented by class counsel due to the Skadden-Girardi relationship.

CRIMINAL CONCPIRACY TO INJURE AND SILENCE YR

In a shocking turn of events, YR was earlier this year served with a search warrant while at home. Six investigators from the Yolo County District Attorney’s office (some of them armed) arrived at on February 23, 2012, searched the premises, and confiscated two computers and documents relating to, among others, Thomas Girardi, Alec Chang of Skadden Arps, including all materials involving Fogel vs. Farmers.

State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others  have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against YR, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaint against Raoul Kennedy, Tom Nolan, Thomas Girardi, and Walter Lack were unfounded and constituted criminal conduct.  (See ethics complaint concerning the Fogel v. Farmers Group HERE.

 

Judicial Council Watcher Editorial: The Daily Journal Missed the Boat

Was this an assignment or roaming off the range? That’s the question we’ve been asking ourselves about a recent article in the Daily Journal written by Emily Green. In that article titled Alliances critics say group doesn’t practice what it preaches, Ms. Green starts off the article with a bold section that opines that the Alliance of California Judges, which is a private member association, argues for greater transparency without practicing what it preaches. She further pushes the AOC theory that the list of grievances has grown so long that the association is eroding their credibility in the legislature and with other judicial branch members.

Nothing could be further from the truth.

From day one we have followed the Alliance of California Judges and their fine work. It is our opinion that the Alliance has been incredibly focused and consistent with both their message and a series of milestones achieved that not too long ago would have never been possible.

Emily completely discounts the history of the branch and how all of the power concentrated in one person has perverted the administration of justice in California by allowing that person to pick favorites – and to even designate judicial appointments – and to speak with one voice. She misses the boat on the fact that this speak with one voice is what caused a “favorites list” of courthouses that needed to be replaced at mindblowing costs that would be periodically revised to accommodate political deals and horsetrading. She misses the boat on the fact that speak with one voice is what caused CCMS to turn into a ten year, half of a billion boondoggle. She misses the boat that all of the grievances can be tied back to a serious flaw in governance that needs to be addressed – way too much power in the hands of one person – the Chief Justice.

Please continue @: http://judicialcouncilwatcher.wordpress.com/2012/10/31/editorial-the-daily-jo…

Judicial Council Watcher, AOC’s Jody Patel, Judicial Council Memebrs Angela Davis / Dave Rosenberg Hereby Asked to Disclose Whether Employee Diane Dunn (diane.dunn@jud.ca.gov) Is Wife of Joe Dunn of Voice of OC

Judicial Council Watcher, AOC’s Jody Patel, and Judicial Council memebrs Angela Davis/ Dave Rosenberg hereby asked to disclose whether judicial branch employee Diane Dunn (diane.dunn@jud.ca.gov) is one and the same as UC Irvine Communications Projects Manager Diane Dunn — Spouse of Voice of OC Joe Dunn of UCI Foundation — former head of Senate of California Committee on the judiciary ?

 

For more, please see @:

 

www.courts.ca.gov/documents/jc-20120831-itemK.pdf

 

AND @:

 

 

http://tinyurl.com/d5ceosm

 

AND @

 

http://tinyurl.com/cznxcnu

 

AND @

 

http://tinyurl.com/c6taoaf

 

 

———————————————————————————————————–

Judicial Council of California .Administrative Office of the Courts
455 Golden Gate Avenue . San Francisco, California 94102-3688
www.courts.ca.gov
REPORT TO THE JUDICIAL COUNCIL
For business meeting on: August 31, 2012
Title
Children in Foster Care: Report from the
California Blue Ribbon Commission on
Children in Foster Care
Rules, Forms, Standards, or Statutes Affected
N/A
Recommended by
California Blue Ribbon Commission on
Children in Foster Care
Hon. Richard D. Huffman, Chair
Agenda Item Type
Action Required
Effective Date
As soon as possible
Date of Report
July 30, 2012
Contact
Diane Nunn, 415-865-7689
diane.nunn@jud.ca.gov

BREAKING NEWS…..DEVELOPING……: Judicial Council Watcher named in a New York Racketeering Lawsuit

DEVELPOING……

According to Judicial Council Watcher “Yesterday Michael Paul forwarded us a 43 trillion dollar racketeering lawsuit filed in New York State. In that attached lawsuit it appears that Judicial Council Watcher and those affiliated with us are alleged to have been placed on  the “Nixonian enemies list of the Obama Administration” . (page 34)”

See @:   http://judicialcouncilwatcher.wordpress.com/2012/10/27/judicial-council-watch…

TLR will of course continue to monitor the situation and provide updates as they become available.

YR Mulls Fund Raising Effort to Assist Dan Dydzak

A Yolo County-based Rabbi (“YR”) — a confederate of The Leslie Brodie Network who was recently described in court papers as a man of great principles, ethics, integrity, and spirituality —  is mulling ways to assist Marina Del Rey-based legal scholar Dan Dydzak in his quest for justice.

Specifically, in the matter of Daniel David Dydzak v. Cantil-Sakauye, U.S. District Court Judge John C. Coughenour recently declared Dydzak a vexatious litigant who is PROHIBITED from initiating any further litigation in this or any other federal court alleging deprivation of rights under 42 U.S.C. § 1983 or Bivens based on his disbarment without the prior authorization from the presiding judge of the U.S.District Court for the Central District of California.

Following on the heels of Judge Coughenour’s order, YR stated:

“I would like state unequivocally that I am not behind Mr. Dydzak’s lawsuits — not his first suit filed in Orange County and certainly not the second one.

Mr. Dydzak does not consult with me about how he exercises his affairs, nor do I make any suggestions.  In fact, I had to use a credit card to pay to download and view his first suit, and learned of the second suit only by reading Judicial Council Watcher, not from Mr. Dydzak himself. 

Personally, I have issues with the fact that Mr. Dydzak has filed these actions, and the claims asserted therein.  After he filed the suit in Orange County, I spoke with my various confidential sources in Southern California and was told that Mr. Dydzak is highly competent in legal matters, having practiced under Melvin Belli and as a successful sole practitioner in Beverly Hills for 25 years.   I was told that he hoped to obtain a quick settlement after filing the Orange County action, which will be orchestrated by Justice Troter of JAMS.  In fact, Mr. Dydzak admits as much in his second lawsuit. 

In short, Mr. Dydzak acting to serve his own personal interests, unlike my whistle blowing activities which are consistent with the concepts of truth and justice.

The vexatious litigant order is clearly draconian, and as such, I am considering raising funds which will be used to assist Dydzak in either the posting of bond or hiring an attorney.

I would like to also state unequivocally that the following condition will be imposed:

a) no funds whatsoever will be forwarded directly to Dydzak.

b) since Judge Coughenour’s order only applies to suits brought under 42 U.S.C. § 1983 or Bivens based on his disbarment (and presumably does not apply to the many other RICO defendants in matters unrelated to his disbarment i.e. Bet Tzedek, 1st. Century Bank, etc.), no funds will be used to prosecute those defendants.

c) no funds can be used to prosecute any person/entity who is a resident of Central/Northern California.

Even though his suits are a detriment to me, it is not my place to judge him or his belief that he was the victim of grave injustices,” YR concluded.

Alliance of California Judges Assails Tani Cantil-Sakauye Selective Selection Process (TLR Note: Diversity Anyone? Notice Persistent Presence of Nefarious Dave Rosenberg of Yolo County Superior Court)

It should come as no surprise that when a working group is formed (the Judicial Council and the AOC’s favorite sleight-of-hand gesture at addressing anything) that it would be the loyal soldiers of the Chief Justice that would be getting the nod to speak with one voice. Most of these loyalists have been in the judicial branch for less than 10 years themselves so they have an ideal point of reference to make recommendations and discuss the impact on a law that is 15 years old.

While we feel that such a group has no relevance at the discussion table because they lack a frame of reference, apparently our Chief Justice feels differently.

Of course, items that probably won’t come up for discussion are things like committing 1.8 billion dollars to one courthouse over the course of 35 years while two dozen other courthouses and well over 200 courtrooms are mothballed across the state.

Maybe they will not bring up how hundred thousand dollar embezzlements in the AOC go unprosecuted and how that might affect judicial branch efficiencies by sending a clear, unambiguous message that anything goes with the publics money.

Or maybe they will not bring up how centralization has brought us $2,000.00 light bulbs, $409.00 clock batteries and unlicensed contractors maintaining every courthouse from the Oregon border to the Mexican border. But they weren’t really unlicensed. A sham lawsuit wherein if they lose, they are innocent of the crime and if they win, they are guilty of committing numerous crimes proved that!

Please continue @: http://judicialcouncilwatcher.wordpress.com/2012/10/16/chief-appoints-familia…

 

October 16, 2012Dear Members and Others,

We include an article by reporter Cheryl Miller concerning the creation by the Governor of a working group which will evaluate the 15-year-old State Trial Court Funding Act.

The Chief Justice has selected the following justices, judges and others to represent the judicial branch on this committee: Justice Harry Hull, Los Angeles attorney Angela Davis, L.A. County Superior Court Judge Emilie Elias, Contra Costa County Superior Court Judge Mary Ann O’Malley, Yolo County Superior Court Judge David Rosenberg and Santa Clara Superior Court Executive Officer David Yamasaki. You should note that all of these appointees are also current hand-selected members of the Judicial Council.

Since the demise of the AOC E-News we believe it is important to keep you apprised of current events affecting the judicial branch. Please feel free to forward this along to your colleagues.

Directors, Alliance of California Judges

Source: http://judicialcouncilwatcher.wordpress.com/2012/10/16/chief-appoints-familia…

As mentioned recently, following on the heels of allegations of duplicity and manipulations by Judge Dave Rosenberg of Yolo County Superior Court, Judicial Council Watcher now promises to further expose his past misdeeds.

Specifically, Judicial Council Watcher stated: “We’ve mentioned that some get appointed to the star chamber because they did something wrong or illegal and rather than face prosecution, they are selected as malleable tools to be used by the power brokers. In our ongoing investigation of how some of these compromised players got to the star chamber, we’re working on the story that will illustrate how our favorite hockey puck, Judge Dave Rosenberg got there. “

Recently, Judge Daniel Goldstein of San Diego commented with some disbelief on the judges who voted for supporting reform.  He called Rosenberg’s methodology for counting the vote “erroneous.”

Commentators on Judicial Council Watcher were similarly taken aback by Rosenberg’s antics. The OBT wrote: Judge Rosenberg aka Judge Rosenblab , who our CJ appointed to the JC is out only for himself. His misuse of his position as Chair of the Presiding Judges group is “transparent” . Thanks to Presiding Judges Earl,Ellsworth and Judge Goldstein for seeking to do what is right and calling him on his blatant attempts at obfuscation. Said obfuscation only allows the JC to delay the reforms the SEC report makes clear are necessary.The bottom line is we need to implement the SEC report recommendations and move on to see that the branch works for the benefit of the public we serve.We need to pass 1208 and democratize the JC to avoid the mess we are now mired in.

 

Court Declares Legal Scholar Dan Dydzak “Vexatious Litigant”

Consistent with our commitment to integrity and adherence to the highest level of ethical journalism, and in order to report on both sides of a story, The Leslie Brodie Report has no choice but to now report that Marina Del Rey-based legal scholar Dan Dydzak has been declared a “vexatious litigant.”

Under normal circumstances, a vexatious litigant must obtain leave of the court before filing any new claim.

Litigation is typically classified as vexatious when an attorney or a pro se litigant (a person representing himself without an attorney) repeatedly files groundless lawsuits and repeatedly loses.

In the federal system, in determining whether a litigant is a “vexatious litigant,” a court would normally apply the five factors set forth in the opinion of the United States Court of Appeals for the Second Circuit in Safir v. United States Lines, Inc., 792 F.2d 19, 24 (2d Cir. 1986). Those factors are: (1) the litigant”s history of litigation and in particular whether it entailed vexatious, harassing, or duplicative suits; (2) the litigant”s motive in pursuing the litigation, for example, whether the litigant had a good faith expectation of prevailing; (3) whether the litigant is represented by counsel; (4) whether the litigant has caused unnecessary expense to the parties or placed a needless burden on the courts; and (5) whether other sanctions would be adequate to protect the courts and other parties.  Source:  http://www.lexisnexis.com/community/insurancelaw/blogs/insurancelawblog/archi…

In California, section 391 of the Code of Civil Procedure defines the qualifications of a vexatious litigant. Even though such status can bar a person from the courthouse, the statute has been held to be constitutional. (See Moran v. Murtaugh Miller Meyer & Nelson, LLP, 40 Cal. 4th 780 (2007); and Wolfe v. George, 486 F.3d 1120 (9th Cir. 2007).)

Under section 391, a vexatious litigant typically is a pro se plaintiff who has (1) lost at least five pro se lawsuits in the preceding seven years, (2) sued the same defendant for the same alleged wrong after losing, (3) repeatedly filed meritless papers, or (4) used frivolous tactical devices or already been declared a vexatious litigant for similar reasons. (Cal. Code Civ. Proc. § 391(b); Wolfe, 486 F.3d at 1124.) Because the statute uses the disjunctive or, the court must separately evaluate each of the four factual scenarios, according to the Daily Journal.  Source:  http://www.dailyjournal.com/cle.cfm?show=CLEDisplayArticle&qVersionID=290…

Previously, in the matter of Daniel David Dydzak v. Cantil-Sakauye, Judge John C. Coughenour ordered Mr. Dydzak to SHOW CAUSE (1) why he should not be declared a vexatious litigant, and (2) why he should not be prohibited from initiating any further litigation in this or any other federal court all eging deprivation of rights under 42 U.S.C. § 1983 based on his disbarment without prior authorization from this Court or the presiding judge of the U.S. District Court for the Central District of California. In the absence of such a showing, Mr . Dydzak will be declared a vexatious litigant under Local Rule 83-8 and will be required to provide security in the amount of $5,000 for each defendant against whom he seeks to proceed with Court authorization.

According to Dydzak (who publicly commented on Judicial Council Watcher) “matters are being contested appropriately.”

For more, please see:

http://judicialcouncilwatcher.wordpress.com/2012/09/25/the-dydzak-racketeerin…

AND @:

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

APA Judicial Officer Caught in Financial Scheme Involving Utility Company, Law Firm ; Judicial Council Watcher: Courts Need to Re-Think Workarounds for Civil Bar

Questions are being raised about the secretive relationship involving a utility company, a law firm, and a California judicial officer who stands united with Asian-American more so than he does for the population as a whole.

Speaking on condition of anonymity, sources maintain California Supreme Court Associate Justice Ming Chin’s clandestine involvement with the Center for Asian-American United for Self Empowerment (“CAUSE”) is “far from over,” because new revelations now implicate Southern California Edison (“SCE”) and power-house Munger Tolles & Olson (“MTO”).


Mr Ming W. Chin, Associate Justice of the California Supreme Court. Ming, not a stranger to The Leslie Brodie report, partook in the “60 Days Suspension Scandal,” (See Part 1 and Part 2) 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, former crack-addict Mike Nisperos, and JoAnn Remke. (Photo:courtesy)

Wholly separate and apart from CaliforniaALL, at issue are funds bestowed on CAUSE by MTO and SCE while Justice Chin served as an official adviser to CAUSE during  the time period representatives of both SCE and MTO were members of CAUSE board of directors.

“For whatever reason, Ron Olson has a propensity to create those double wide loops where one person from SCE and one person from MTO would serve on the board of a non-profit that he has an interest in corrupting.  For example, at CAUSE he positioned Fred Rowley and Ben Wong  .  At the  California Bar Foundation he  positioned Mary Ann Todd and Richard Tom.  If I would be asked to speculate, I would say it is a form of an insurance, a way to ensure that SCE would stand by his side as co-defendant, say if a class-action is filed against MTO alleging that it misused a certain non-profit to bribe a CPUC commissioner for the purpose of allowing SCE to charge higher rates, for example.” a source seeking anonymity maintained.

As previously reported, Chin’s long-standing involvement with the entity which cater exclusively to Asian-American was the subject of a complaint with the California Commission on Judicial Performance due to CAUSE’s invidious discrimination against those who are non Asian-American.   That complaint also alleged 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.

The complaint alleged Justice Chin’s clandestine nature and undisclosed involvement is particularly troubling based on facts as they relate to Mr. James Hsu — 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.

The complaint further alleged that  without the  “fortuitous discovery ” by the petitioner, he 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 alluded 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 APA.

The latest allegations came as racial minorities in position of trust are routinely accused of intentional misrepresentation by failing to fulfill their duties to avoid any and all appearance of, let alone real, improprieties, and usually involving entities which are on the receiving end of money from large corporations, and usually utility companies. Most notable of which are “Shakedown Artist” Gwen Moore, Judy Johnson, Leslie Hatamiya, Ruthe Catolico Ashley, Maria Lucy Armendariz-Antonio Villaraigosa, Alec Chang, Lawrence Yee, former crack-addict Mike Nisperos. Pat McElroy, and U.S. District Court Judge Morrison C. England. “

———————————————————————————————————————–

One of the most striking examples of how to attract  the attention of 190,000 attorneys in this leadership crisis was how the Ministry of Truth artfully employed bar associations and the state bar to make this fight all about the Judicial Council and the AOC getting more budget. Of course, we have to believe that based on the propaganda spewed forth by the death star that 87% of any budgetary increases would go to the trial courts. Early on, we saw what appeared to be a cooperative effort between those that were looking at possible years between paychecks step up and defend the judicial branch literally at the expense of the trial courts.

They did this because by and large, attorneys don’t fully understand the arguments being made. They know of cuts to the judicial system and cuts to their local courts but what they don’t know is what we know here and what legislators in Sacramento know. As the saying goes, all politics is local and it was the local bars backed by many of their largest law firms that stepped forward and suggested higher fees and absorbing more costs to keep their avenue to their next pay check this year free and clear. Oh, it doesn’t matter that in some counties that the little guy can’t have his case heard in small claims. Another way to enrich the sharks is to force small claims cases into the hands of lawyers by closing small claims courts so it’s all good.

What we feel is missing here is that this is supposed to be a justice system that is accessible to all. While there are those who have argued the issues of accessibility, none have been pro-pers who are going about living life. Who is making the accessibility argument are lawyers. Lawyers that want to ensure that their avenue to a pay check through their local court system isn’t interrupted by the shennagins in Sacramento, completely missing the boat on where the money goes after the legislature votes and the governor signs.

Not one dime goes directly to the courts dear lawyers. It all goes to the Judicial Council’s administrative office, the AOC. From there, it is parsed out on a “me first, you next” basis with the brown-nosing courts getting a fast pass to the front of the line.

Please continue @:

http://judicialcouncilwatcher.wordpress.com/2012/08/29/editorial-courts-need-…

JusticeCalifornia avers:

The lawyers are not going to do anything to help this situation.

For the most part they are not at all informed about the nuts and bolts of what is going on. With a precious few exceptions those that do know what is going on are behaving like Matthai and Krinski, although things are undeniably worse for clients right now then they were a few short years ago, when fees were lower, court reporters were commonplace and the courts were open during normal business hours.

The public is mad as hell about fines and fees and what is going on in the courts, but they are not going to understand or really care about internal issues regarding democratization– their agenda is necessarily different.

Sorry, the judges and court employees and interested others are going to have to do the heavy lifting here in getting the legislature to pay attention and step up. The Judicial Council must be democratized.

Branch members are getting a little taste of what it is like to be stuck in a corrupt court system (like Marin), presenting hard evidence of misconduct, and yet nothing at all is done to change the system. Instead, misconduct is covered up or excused and the perps get rewarded.

Handwringing does not cut it in this war.

JCW: Tani Cantil-Sakauye – More Imelda Marcos Than Lady Justice (TLR Note: Broken J branch = collapse of California; racial/religious minorities mostly to blame i.e. George,Cantil, Harris,Chin, Baxter, Werdegar, Feuer, Rothenberg, Rosenberg)

One certainty that has served as a consistent theme to unify us all; nothing will ever change until Judicial Council kangaroo governance is addressed and the proverbial head of the snake (being kangaroo governance and inappropriate influence) is removed and replaced with something that serves all of the people.

These voices for reform are getting louder as we all come to the realization that just like the emperor before her, our new empress has no clothes! In a number of respects, she is being painted as being more closely aligned with Imelda Marcos than to lady justice. Yet we all know and can feel the effects of those behind the curtain and many of the same old tired ploys that have been tried for years.

What also is less apparent is that a collection of independent media companies and journalists extending from the Oregon border to San Diego County is not only beginning to work with us, but they are beginning to work together because they have a stake in these reforms as highly concerned citizens. Amazingly, those who charge others thousands for their superb freelance works are beginning to brainstorm as any national news team might to produce their own stories, videos, photography and other works that will be diving deep into these issues that will be hosted here and elsewhere.

Momentum is growing.

If your organization has anything to contribute to the cause or you need resources to tell your story, please feel free to contact us directly and we’ll put you in contact with one of our sponsors or any of the independent media companies or individuals that we’re working with. It is a goal of our sponsors and those that have agreed to work with us to synchronize this effort, to expand everyone’s web presence and to organize opposition.

Simply put, we’re out to shut down the Ministry of Truth. Please join us.

Source:

http://judicialcouncilwatcher.wordpress.com/2012/08/11/discourse-due-to-malfe…

 

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Comments:

1. The vehemence of the discourse is due to misfeasance, malfeasance and mismanagement. My trial court is getting ready for contract negotiations. Our county is urban/suburban/rural. We are one of the most underfunded courts in the system. This is publicly and privately acknowledged by AOC employees and other courts’ management. We are one of the most underfunded courts in the system because we started with a low ‘cow county’ allocation and it has never been changed. None of the allocations have ever been changed, even though the Central Valley and Inland Empire counties grew, in population. often in excess of 20 percent since 2000, while coastal counties’ populations grew much more slowly. Less than 10 percent. California, since 2000, has grown about 10 percent in population. (I know that the real measure of under and over-funding is the RAS model, but I am keeping it simple by focusing on population.) Because of our underfunding — a situation largely created by the AOC and the Judicial Council by their refusal to change allocations — the court’s employees are going to be asked to take significant pay and benefit cuts. Because the employees are somehow obligated to fill the hole created by the AOC and Judicial Council’s refusal to do their job and properly allocate. This is malfeasance.

But wait, it gets worse. Our court was saddled with CCMS. The stories of how incompetent the programming was and the program is are legion at our court. To add insult to injury, our court spent in excess of $2M of its meager budget to put CCMS in place. Money we needed. This is not the economy. This is AOC/Deloitte malfeasance.

It’s not just the economy stupid. Not by a long shot in this case.

 

 

2. JusticeCalifornia:

 

Is the sagging economy behind the direct or indirect discussions/charges of corruption in the biggest judiciary in the Western World? I think not.

Aren’t we ALL really dancing around the fact that “top” leadership appears to be heavily involved in criminal enterprise? How can we tell?

Let’s start by acknowledging that the CJ/JC/AOC respond to requests for information and transparency and the suggestion that the branch needs new, democratically selected leaders, like rats and roaches when the lights are suddenly turned on. They scurry and run and huddle and hide and destroy and redact and circle the rat pack/ roach wagons. They are way more concerned about circling the wagons and hiding/destroying information, and keeping ethically compromised and patently unqualified “team” faithfuls in charge than they are about the economy. Who in responsible government simply worried about the economy does that?

So let’s strip away the paper-thin veneer of respectability “top” leadership has been hiding behind, and frankly assume we are dealing with some type of organized crime– a tight circle of white collar/black robe gangsters who have engaged in lots of high-level illegal and lucrative activity which they are very obviously anxious to hide.

LOL.

Can you just imagine if everyone joined together and demanded, Demanded, DEMANDED an investigation of the financial workings of “top leadership”? The suggestion, and the request, has been made many times, and it’s an easy argument to make, with all the smoking guns lying around.

Can you imagine if there was a unified DEMAND for an official investigation that “just follows the money”. This garbage has gone on for far too long, and involves way too many people. The RICO clan cannot cover all of their tracks, although they are trying lack mad.

CAN YOU IMAGINE THE DEPTH, BREADTH AND DETAIL OF THE COLLECTIVE BODY OF DOCUMENTED KNOWLEDGE OF THOSE WHO HAVE DEALT WITH/BEEN VICTIMS OF BRANCH GANGSTERS AND ARE CALLING FOR REFORM?

Can you imagine if there existed a trusted official clearinghouse (like the BSA, the FBI, the US Attorney), for all this knowledge, so the intricate web-like connecting of the dots could begin?

And hey, I don’t think those three-letter agencies are bogged down by CCMS.

OOOOH! Did y’all just hear the gasps of panic of those in top leadership reading this?

I daresay the white-collar/black robed gangsters can run, but ultimately cannot hide. Perhaps the first major- league white-collar/black-robe gangster to turn state’s evidence will get the best treatment. I’ve always heard that it’s the cover-up that compounds the crime.

A PUBLIC, LOUD, UNIFIED, STATEWIDE DEMAND– (not polite suggestion, or request) for an official investigation of the financial dealings of our top leadership white collar/black robe RICO friends. Yep, that’s the ticket. Ever so justified by the evidence. The only ones resisting such an investigation would be those implicated by the evidence.

Just my opinion.

3.

And it’s a good opinion. But the investigation will have to come from us. We can’t trust top officials any longer. We’re at a point where top officials need to prove to us they are not corrupt. May sound extreme, but not with “all the smoking guns laying around”.

At this point, we have to assume there won’t be an investigation and start doing one ourselves. What kind of effort and organization that entails I leave to others, but to place anymore public trust in any public officers to truly and commitedly look into this issue — California’s gulf of judicial corruption industry — is to make that person or agency a target within the range of said corruption’s reach. No, the answer I think lies in but a few things that, honestly, give me heart.

I’m seeing more serious reporting on the issue (one of the most honorable callings for the public is that of a reporter, who, in pursuit of the truth, embody the public trust) where accountability over government officials is resisted or demonstrably corrupt.

It takes fact finding investigators with a penchant for pugnaciousness and savvy to stir information into a clear relation to the public of the nature of what’s happening. Contemporaneously it takes the rest of us to dig those facts up ourselves and bring them together like this.

I would LOVE to see some kind of proper investigation done on the issue of our judicial corruption problem. But I wouldn’t trust that investigation to begin with since all I’ve ever seen the judicial branch do is repeatedly investigate itself with the same tired cadre of insiders, or find other ways to thwart and redirect the audits and probes of other agencies. When those agencies can’t stop a court from destroying mediation records because the ultimate deciding authority are the judges themselves, one begins to see that the answer doesn’t lie in trusting the many comments offered by judges supporting the SEC report reformations, or any other agency in California that basically is subject their rulings.

And California ain’t Pennsylvania. Things are different out here in terms of agencies willing to actually come in a courtroom and shut ‘r down. At least that was my experience and what I hear from others. No, there’s an underlying vein we’re not seeing here and I think a substantive investigation is only part of the answer. Who does that investigation and how the facts uncovered are managed can’t happen in the hands of current administration, considering the lexi and nexi of the problem.

 

Disturbing Allegations Leveled Against Deposed Chief Justice Ronald George as Rumors of Sexual Indiscretion Surface

Allegations of personal indiscretions by the former chief justice of the California Supreme Court have surfaced yet again.

Relaying on an anonymous source, Marina Del Rey-based legal scholar Dan Dydzak is now telling Judicial Council Watcher that Ronald George “cavorted with party girls.” 

Justice Ronald George
Justice Ronald M. George, “somebody who understands the need to play hard,” as conveyed by Beth Jay to the Cal Bar Journal, is seen in the above picture at his chamber in San Francisco. (Photo: courtesy)

Previously, a San Fernando Valley-based community activist  made similar allegations against the deposed chief justice.   According to knowledgeable sources, the revelations dealing with George’s indiscretion — which were also memorialized in a complaint submitted to the California Commission on Judicial Performance —  were behind George’s abrupt departure from the court.

As previously reported, confidential sources maintain that actor and community activist Perry F. Caravello recently sent a letter to Associate Justice Kennedy of the U.S. Supreme Court alleging various acts of professional misconduct as well as alleged transgressions relating to Justice George’s personal conduct and the alleged involvement of Beth Jay in arranging various transactions.

Asked to opine on the credibility of Dydzak and his sources, sources maintain that it is not uncommon to initially doubt Dydzak, as well as  the truth and veracity of his claim.  However, “Dydzak proved me wrong,” the source stated.  “I also underwent a similar process to that of Wendy Darling and others ” the source continued.  “Dydzak is very well connected, both in West Los Angeles/Beverly Hills where many of his former clients live and socialize, and as far as having sources deep within the California Supreme Court and the State Bar of California,” the source added.  “My rule when dealing with Dydzak is trust but verify,” the source concluded.

 

Comments by Dydzak, please see @:

http://judicialcouncilwatcher.wordpress.com/2012/08/04/bringing-about-the-end…

 

Wendy Darling, please see @:

https://lesliebrodie.wordpress.com/2012/05/20/wendy-darling-comment-on-judicia…

 

Prior coverage of alleged personal indiscretions by Ronald George, please see @:

http://lesliebrodie.blog.co.uk/2011/02/07/for-fixer-beth-jay-a-lavish-awakeni…

 

 

 

Director, Alliance of California Judges — Sacramento County Superior Court Judge Maryanne Gilliard Urges Justice Miller to Open Meeting to Public; Copy of Superseding Ethics Complaint Against John Keker; Behold

JCW Commentary – On Thursday, August 9th 2012 the Executive & Planning committee of the Judicial Council, the people who make the decisions about the council agenda, what they vote upon and act upon, will meet behind closed doors to consider the SEC comments and the SEC report. It is widely believed that based on public statements and statements made to AOC managers and supervisors, that Mr. Miller intends to use his committee to either gut the report or study it to death,  placing it on a long road to its demise.

It is our position and the position of our various media partners that since about 250 managers and supervisors have a really solid idea of where the bodies of impropriety are buried, the last thing the power brokers want to do is make these people unemployed. They would prefer to pay these people between 125K-205K in hush money jobs.  Since the Executive & Planning committee meetings usually happen behind closed doors, Judge Marianne Gilliard has requested that this meeting be opened so that we can all learn the general direction they intend to go with this report in the interests of transparency and accountability. We agree.

At minimum, this meetings audio should be streamed out to the public with a video broadcast over the Ministry Of Truth web site.

_______________________________________________________

August 7, 2012

 

Dear Justice Miller,

 

On behalf of the well over 400 members of the Alliance of California Judges, I respectfully request that you exercise your discretion under CRC 10.10 (d) and permit your Executive and Planning Committee meeting on August 9th to be open to the public. The Alliance makes this request because you have indicated that the issue of the Chief Justice’s SEC report and its recommendations will be discussed at that meeting.

Justice Miller, well over 400 judges responded to your call for public comments. These judges did so knowing full well that they were identifying themselves with reform. We suspect that had you provided a process that would have conferred confidentiality there would have been many more responses. There is obviously great public interest in the decisions to be made on August 9, as well as those to be made by the full Council. As you have seen from the comments, there exists a huge lack of trust that the will of this state’s judges will be respected.

 

The Alliance has listened carefully to the many pronouncements made by Council members that transparency and accountability are goals for the branch. In fact, the Strategic Evaluation Committee highlighted these issues throughout its report. By way of example, on page six the report states: “The AOC has not been credible or transparent concerning such important matters as budgeting, staffing levels, hiring freezes and furloughs, large-scale projects, and other areas of importance.” Still on page six the SEC notes: “Moreover, the commitment to increased transparency, accountability, and efficiency — and the tone and attitude of the organization — ultimately rests with the Judicial Council.”  We agree.

 

Justice Miller, in the interests of transparency and accountability please open up your meeting to the judges of this state, and to the public.  No good reason exists to discuss in private what has been publicly posted. The days of closed door meetings must be the exception and not the rule if we are to restore the credibility of the Judicial Council.

 

Please know that the Alliance will distribute this request and your response to our members and other interested individuals.

 

Thank you for your consideration.

 

Sacramento County Superior Court Judge Maryanne Gilliard

Director, Alliance of California Judges

 

Source:

http://judicialcouncilwatcher.wordpress.com/2012/08/07/justice-miller-in-the-…

 

=====================================================

VIA EMAIL AND FEDERAL EXPRESS (FED-EX TRK# —)

RE: SUPERSEDING ETHICS COMPLAINT AGAINST KEKER & VAN NEST; STATE BAR OF CALIFORNIA MEMBERS CHRIS YOUNG #239518;JON STREETER #101970; JOHN KEKER #49092

Dear Ms. Kim:

Enclosed below is a superseding ethics complaint against the law offices of Keker & Van Nest, Chris Young #239518,Jon Streeter #101970,and John Keker #49092 for attempting to defraud myself and others through a failed attempt to conceal Chris Young’s current employment with Keker & Van Nest.

INTRODUCTION:

Close to one year ago I stumbled upon unusually large and highly peculiar financial transactions in conjunction with the California Bar Foundation (the “Foundation) and 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.

INTRODUCTION OF MAIN ACTORS:

1. AMBASSADOR JEFFREY BLEICH — Mr. Bleich served as a director with the Foundation in approximately 2007-2008, as well as president of the State Bar of California.

In 2007, Mr. Bleich established Barack Obama’s National Finance Committee and served as its Chair.

He is a personal friend of President Obama, who served as President Obama’s personal attorney and subsequently was appointed as the U.S. Ambassador to Australia. Prior to joining the Obama administration, Mr. Bleich was a partner with the San Francisco office of Munger Tolles & Olson, which represents client Verizon Wireless.

Out of close to 230,000 lawyers in California, also serving as a director with the Foundation in approximately 2007-2008 was another attorney from Munger Tulles Olsen, Mr. Bradley Phillips. Presently, Ms. Mary Ann Todd (also of Munger Tolles & Olson) is a director with the Foundation.

2. DEREK ANTHONY WEST OF THE UNITED STATES DEPARTMENT OF JUSTICE — Mr. West, who goes by the name “Tony West,” presently serves as third in command within the Department of Justice below Eric Holder and Lanny Breuer.

Around 2007-2008, Mr. Tony West also served as Chair of the “California Finance Committee” of “Obama for America.”

Prior to joining the DOJ, Mr. West was a partner at the San Francisco office of Morrison & Foerster, the law firm which assisted with the legal aspects of creating CaliforniaALL.

Along with attorneys Raj Chaterjee and Susan Mac Cormac, Mr. West was part of senior partner James Brosnahan’s clique. For example, it was Brosnahan, West, and Chaterjee who defended John Walker Lindh, who is more widely known as the “American Taliban.” (It should be noted that it was actually Mr. Brosnahan who initially agreed to the representation since he knows Lindh’s father — Frank Lindh — who served as in-house Chief Legal Counsel at PG&E; Mr. Lindh is presently the Chief Legal Counsel of the CPUC.)

Mr. West is married to Maya Harris, sister of Kamala Harris, who was part of CaliforniaALL.

3. JAMES J. BROSNAHAN OF MORRISON & FOERSTER – Mr. Brosnahan is presently a senior partner at the San Francisco office of Morrison & Foerster.

He considers himself to be the “mastermind behind the Democratic Party.” CaliforniaALL was created by Morrison & Foerster, under the supervision of Mr. Brosnahan (known as the prosecutor of Caspar Weinberger). Specifically Susan Mac Cormac and Eric Tate assisted with the legal aspects of creating the entity. Mr. Brosnahan represented utility companies during California’s energy crisis (which Joe Dunn, Martha Escutia, and Geoffrey Brown were investigating) opposite Thomas Girardi.

Later, Dunn, Escutia, Brosnahan, and Girardi launched the online publication known as Voice of OC.

4. CHRISTOPHER JACOB YOUNG OF KEKER & VAN NEST — Mr. Young, commonly known as “Chris Young,” is currently listed on the State Bar of California’s database as an associate with Keker & Van Nest. Around 2007-2008, Mr. Young was an associate at Morrison & Foerster.

Around 2007-2008, Mr. Young served as “Northern California Deputy Finance Director” for “Obama for America.”

State Bar of California records still show that Chris Young is an employee of Keker & Van Nest. However, very recently, Keker & Van Nest ( at the direction of partners John Keker and Jon Streeter, who also worked on the 2008 campaign as a “bundler” and is presently a director with the Foundation) abruptly removed Chris Young’s name from its web-site in order to mislead my self and others.

5. ANNETTE CARNEGIE — Ms. Carnegie is presently employed at the Kaiser Foundation. Around 2007-2008, she was a partner at Morrison & Foerster and served as a director of the Foundation. In 2008, the Foundation poured into CaliforniaALL the large sum of $774,247; by comparison, most other donations were around $10,000 to $20,000. As shown below, the transfer of said money appears to be imbued with fraud and secrecy, especially in connection with four utility companies (Verizon, PG&E, Edison, and AT&T).

6. KAMALA HARRIS — In around 2007-2008, Ms. Harris served as the District Attorney in San Francisco while at the same time she was also Co-Chair of “Obama for America.” Ms. Harris was part of CaliforniaALL’s “Advisory Council.” She is the sister of Maya Harris, who is married to Tony West. Media reports provide that parliamentarian Willie Brown served as mentor to both Tony West and Kamala Harris, and was Ms. Harris’s paramour. John Keker of Keker & Van Nest (known as the prosecutor of Oliver North) is also considered to be a “mentor” of Kamala Harris. (Incidentally, State Bar of California Board of Governor member Gwen Moore — also a “mentee” of Willie Brown — was honored by CaliforniaALL at a lavish dinner in a Sacramento hotel. Parliamentarian Moore is no stranger to controversy, having been the target of an FBI sting operation known as Shrimpscam.)

7. OPHELIA BASGAL OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (“HUD”) — In around 2007-2008 , Ms. Basgal was Vice President of Civic Partnership and Community Initiatives at PG&E, where she managed the company’s $18 million charitable contributions program, and oversaw its community engagement programs and partnerships with community-based organizations. Separately, around that time she surprisingly served as “Treasurer” with the “California Supreme Court Historical Society.” In that role, she presumably had contact with many judges, including those who were handling matters dealing with PG&E, such as Justice (Ret.) Joseph Grodin who acted as the mediator in a case Attorney General Bill Lockyer advanced against PG&E, which Jerry Brown (cousin of Geoffrey Brown) later dismissed in his capacity as the new Attorney General for California.

Ms. Basgal served as a director of CaliforniaALL.

8. VICTOR MIRMAONTES — Mr. Victor Miramontes, a resident of San Antonio, TX and business partner of former HUD Secretary Henry Cisneros in an entity known as CityView, was the chairman of CaliforniaALL.

Mr. Miramontes has various connections to Orange County, and is otherwise familiar with its various legal circles.

9. SARAH E. REDFIELD — Ms. Redfield is presently a professor at the University of New Hampshire School of Law, and served as the interim director of CaliforniaALL. Events surrounding Redfield, as shown below, also 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”), Ms. Redfield pretended to have engaged in Requests for Proposals (“RFP”), as well as falsely claiming that she “launched” SALUCI. For her services as interim executive director and an alleged consultant of CaliforniaALL, Professor Redfield was paid approximately $160,000 as an “independent contractor.” She gave very little, if anything, in return for the $160,000 she was paid. In fact, she took credit for the extremely hard work of others, especially that of Rob Vacario of Santa Ana who co-founded SALUCI several years earlier.

10. JUDY JOHNSON – Ms. Johnson is the former Executive Director of the State Bar of California. Ms. Johnson (along with Robert Hawley and Starr Babcock) is no stranger to financial schemes. For the past 8 years, she has been quietly serving as the president of an entity with a misleading name (California Consumer Protection Foundation AKA “CCPF”). 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. CCPF forwarded those funds to mostly questionable ACORN-like entities in South Los Angeles or to an entity headed by Michael Shames known as UCAN — presently under federal grand jury investigation in San Diego. It appears that 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 various law firms in courts and before the CPUC. In addition, while never prosecuted for the scheme, some have speculated that Johnson and cohorts Hawley (whom Johnson labeled the “Wizard of OZ”) and Babcock were “in” on a financial scheme perpetrated by former State Bar employee Sharon Pearl, who was lightly prosecuted by then-attorney general Jerry Brown, cousin of Geoffrey Brown.

Ms. Johnson was part of CaliforniaALL’s Advisory Council and was responsible for maintaining secrecy over the project by misleading the public, including a quadriplegic law-student, litigant Sara Granda.

11. RUTHE CATOLICO ASHLEY — Ms. Ashley is a former employee of McGeorge School of Law who later served as a “Diversity Officer” at Cal PERS. Ms. Ashley also served as member of the State Bar of California Board of Governors alongside Mr. Bleich, 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.

12. SONIA GONZALES — Ms. Gonzales presently serves as the Foundation’s executive director as of earlier this year, after the former executive director (Ms. Leslie Hatamyia) suddenly quit. Ms. Gonzales is a close friend and confidante of Ms. Maya Harris, the wife of Mr. Tony West.

She presently serves the same function as current Foundation directors Mary Ann Todd of Munger Tolles & Olson, Jon Streeter of Keker & Van Nest, Douglas Winthrop of Howard Rice, Richard Tom of Edison, and Raj Chatterjee of Morrison & Foerster.

FORTUITOUS DISCOVERY OF CaliforniaALL

In order to deflect potential allegations that I am motivated by politics, I wish to assure you and the agency that my inquiry into these issues was not and is not motivated by politics. In fact, the only actor referenced above that I have ever met is James Brosnahan, who I met once for a short period of time while a volunteer with BASF – VLSP, a volunteer organization that awarded me a volunteer of the year award. In fact, I initially suspected the misconduct described herein was committed primarily by various other people (i.e. Holly Fujie, Leslie Hatamiya, Ruthe Catolico Ashley, Robert Hawley, Starr Babcock, and Judy Johnson). However, the facts eventually led me to Mr. Brosnahan. Following is a brief overview describing how I stumbled upon this information.

In 2010, the United States Federal Court of Appeal for the Ninth Circuit issued its final ruling in the disciplinary matter of In Re Girardi by imposing close to $500,000 in sanctions on Walter Lack of Engstrom Lispcomb & Lack and Thomas Girardi of Girardi & Keese stemming from an attempt to defraud the court and cause injury to Dole Food Company in the underlying litigation. You may have heard of Walter Lack and Thomas Girardi as they are the lawyers who were featured in the movie “Erin Brokovich” involving utility company PG&E.

The court ruled that Walter Lack (who stipulated to special prosecutor Rory Little that his prolonged acts of misconduct were intentional) and Thomas Girardi intentionally and recklessly resorted to the use of known falsehoods for years. The Ninth Circuit ordered Girardi and Lack to report their misconduct to the State Bar of California.

The State Bar of California disqualified itself from handling the matter since Howard Miller (of Girardi & Keese) served at that time as its president, and had also made the decision to hire then-chief prosecutor, James Towery.

Mr. Towery, in turn, appointed Jerome Falk of Howard Rice (now Arnold & Porter) as outside “special prosecutor” to determine whether or not to bring charges against Girardi and Lack. (Mr. Falk is a colleague of Douglas Winthrop, and both represented PG&E in its massive bankruptcy proceedings.)

Mr. Falk, in turn, exercised prosecutorial discretion and concluded that he did not believe Lack acted intentionally and that no charges will be brought against the two attorneys.

Within days of Mr. Falk’s decision, I filed an ethics complaint with the State Bar of California against Jerome Falk, James Towery, Howard Miller, and Douglas Winthrop (managing partner of Howard Rice and then-elected president of the Foundation), alleging that it was improper for Mr. Towery to appoint Mr. Falk given the close personal relationship between Howard Miller and Douglas Winthrop. Specifically, Howard Miller — in his capacity as president of the State Bar — had appointed Douglas Winthrop as president of the California Bar Foundation, a foundation maintained and controlled by the State Bar. (Much later I also discovered that Jerome Falk is actually the personal attorney of Thomas Girardi, and that Howard Rice and Jerome Falk represented Walter Lack, Thomas Girardi, Engstrom Lispcomb & Lack, and Girardi & Keese in approximately 2007, and for a period of 2 years, in a malpractice action.)

As such, while at the time I was not familiar with those individuals, I reviewed the Foundation’s annual reports to familiarize myself with the names of the Foundation’s board of directors, and to try to resolve various inconsistencies regarding who was serving as the Foundation’s president and why Robert Scott Wylie appeared to be the president when data showed that he had relocated to Indiana in 2006. I checked the Foundation’s tax returns and it was then that I fortuitously stumbled upon the fact that the Foundation ended 2008 close to $500,000 in the negative. Specifically, the Foundation reported to the IRS that REVENUE LESS EXPENSES in 2007 equaled plus +$373.842.00. However, in 2008, the Foundation reported to the IRS that REVENUE LESS EXPENSES equaled minus -$537,712.

I was also troubled by the fact that the 2008 California Bar Journal Annual Report noted that the Foundation was the “fiscal sponsor” of CaliforniaALL, while the same report also mentioned that the source of the money was 4 utility companies.

In its 2008 Annual Report ( See http://www.scribd.com/doc/48712884/3-2008-Annual-Report-of-Foundation-of-the-State-Bar-of-California-Foundation-AKA-California-Bar-Foundation ), the Foundation alludes to CaliforniaALL by stating:

“In 2007-2008, the Foundation supported the launching of CaliforniaALL and, as the project filed for incorporation and 501(c)(3) tax-exempt status, served as CaliforniaALL’s fiscal sponsor. A collaboration between the California Public Employment Retirement System, the California Public Utilities Commission, the California Department of Insurance, and the State Bar of California, CaliforniaALL was created in an effort to close the achievement gap among California students from preschool to the profession and, specifically, to bolster the pipeline of young people of diverse backgrounds headed for careers in law, financial services, and technology. Once CaliforniaALL obtained its tax-exempt status and was able to function as a fully independent nonprofit organization, the foundation granted the balance of funds raised for the project – totaling $769,247 – to the new entity.”

Also cleverly buried in the California Bar Foundation’s 2008 annual report was the following sentence :

“We thank the following corporations for their gifts in support of CaliforniaALL:

AT & T

Edison International

PG & E Corporation Foundation

Verizon”

***

I believe that the statement that the Foundation granted “the balance” of funds raised for the project most likely refers to a previous $5000 sum which the Foundation awarded to CaliforniaALL for “research,” also in 2008. As such, $769,247 plus $5000 equals $774,247, which is the sum the Foundation reported to the IRS.

However, I find mildly problematic the claim that the Foundation raised funds specifically for “the project” in 2007 (per the sentence “granted the balance of funds raised for the project”), especially in conjunction with a separate disclosure by which the Foundation thanks four utility companies (which are incidentally clients of Morrison & Foerster, Howard Rice, and Munger Tolles Olsen). In my opinion, this may reflect an attempt to engage in financial shenanigans through the Foundation — otherwise, why wouldn’t the four utility companies just give the funds to CaliforniaALL directly?

Even more troubling, while I was able to ascertain from Foundation’s tax records an “exit” of the $774,247 in 2008 (the apparent source of which was allegedly the above-referenced 4 utility companies), I was unable to ascertain when and where the Foundation reported to the IRS — either in 2008 or 2007 or 2006 or 2005 — an “entry” of those funds which it allegedly held in trust for CaliforniaALL.

(Later, Jill Sperber of the State Bar of California, in a letter she sent to me dated July 28, 2011 claimed that “….No State Bar or California Bar Foundation funds were used for CaliforniaALL creation…The California Bar Foundation served as CaliforniaALL’s escrow holder only to hold fundraising funds before its formal incorporation… Once CaliforniaALL was formed as a non-profit entity, the funds were paid over to it…”

Most troubling, however, is the fact that Verizon did not report to the IRS either in 2007 or 2008 that it had contributed any money to the California Bar Foundation or CaliforniaALL. See :

http://www.scribd.com/doc/102325087/Verizon-Foundation-IRS-990-Year-2007
http://www.scribd.com/doc/102325330/Verizon-Foundation-IRS-990-Year-2008

Ultimately, by conducting further research into the actors and events surrounding the Foundation, CaliforniaALL, and related entities, individuals, and events, I unearthed what appears to be a lengthy trail of attempts to mislead and defraud.

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 Cal PERS as a “Diversity Officer.” Prior to her employment with Cal PERS, Ms. Ashley was employed as a career counsel at McGeorge School of Law in Sacramento. While at McGeorge, Ms. Ashley met diversity expert Sarah Redfield. At that time, Jeffrey Bleich of Munger Tolles & Olson was serving as President of the State Bar. Both Bleich and Ashley are politically active, and were supporting the 2008 campaign of Barack Obama for President. Ruthe Ashley was involved in the Asian-Americans for Obama branch in Sacramento.

In April 2007, Ashley and Sarah Redfield were urged to meet Peter Arth, Jr. of the California Public Utilities Commission at a restaurant in San Francisco. During that meeting, the idea to create CaliforniaALL (initially named CaAAL or CaALL) was conceived. Eventually, Cal PERS, the 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.

At that time, both Ashley and Redfield were also part of the State Bar of California’s Council on Fairness and Access, as well as a separate project by the State Bar of California known as The Diversity Pipeline Task Force, through which both presumably amassed vast amounts of data and information on the topic of diversity pipeline projects.

Subsequent to the meeting with Peter Arth, on June 26, 2007 State Bar BOG member Ruthe Catolico Ashley and Patricia Lee presented to the entire BOG a proposal (see http://www.scribd.com/doc/48713393/1-In-June-26-2007-Member-of-State-Bar-Board-of-Governors-Ruthe-Ashley-Presents-to-the-State-Bar-Board-the-Concept-of-CaliforniaALL ) urging the BOG to support the creation of California Aspire Achieve Lead Pipeline Project (CaAAL), later named CaliforniaALL.

Eventually, Cal PERS (Ashley’s employer), the CPUC, and the State Bar of California endorsed in principle the creation of CaAAL. For reasons that are not clear to me, CaAAL was apparently a secret project since the California Bar Journal never bothered to report about it, and a press release issued by the State Bar of California was only delivered to CaAAL. Specifically, on August 1, 2007, California Bar Journal’s editor Diane Curtis issued a very limited press release on behalf of the State Bar ( See http://www.scribd.com/doc/102373322/State-Bar-of-California-August-2007-CaliforniaALL-Press-Release ) stating:

“STATE BAR JOINS DIVERSITY PARTNERSHIP

San Francisco, August 01, 2007 — The State Bar of California is joining forces with the California Public Utilities Commission, the California Public Retirement System and the state Department of Insurance in a united effort to promote diversity in the workplace.

California Aspire Achieve Lead Pipeline Project (CaAAL Pipeline Project) will focus on education and mentoring, starting as early as pre-school, to provide skills and instill motivation in young people who are not well represented in the legal, financial and information technology professions.

“The real winners are the young people of California who will advance from these programs and the entire populace of California that will have the benefit of a diverse and vibrant pool of bright young people from all sectors of our diverse population,” said State Bar President Sheldon Sloan. Sloan beefed up a bar diversity pipeline project put in place by his predecessors that has been embraced by lawyers and jurists statewide.

Bar Vice President Ruthe Ashley, who chairs the bar’s Pipeline Task Force and recently became Cal PERS’ Diversity Officer for External Affairs, “has done a fantastic job of moving this initiative forward,” added Sloan. “Now that she has brought in Cal PERS and CAL PUC, this program is here to stay for the foreseeable future.”

In large part because of the bar’s experience and success in identifying programs that help young people move on to successful careers in law, CaAAL’s first-year focus will be on diversifying the legal profession. “We have relationships in place. We have best practices. We have done the research,” said Ashley. The second-year focus will be on financial institutions and the third year on information technology. Funding for the new nonprofit is expected to come from private partners and public sector grants.

Ashley said the nonprofit will be the umbrella organization that will coordinate activities in five different geographic “centers of excellence.” She is hoping that the board for the new nonprofit will promote replication proven programs, such as Street Law, Pacific Pathways and the Council on Legal Education Opportunity, and that the new entity “will be a model for other states.”

“The vision is that it will change the face of the future in the workplace and of our leaders,” said Ashley.”

**

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 were Susan Mac Cormac and Eric Tate of Morrison & Foerster.

Despite the fact that she served as interim executive director, and despite the fact that it was a given that Ruthe Catolico Ashley would be hired as the permanent CEO, Sarah Redfield nevertheless apparently engaged in an RFP (request for proposal) which was closed just as quickly as it started even before Ms. Ashley was hired as the permanent CEO.

CaliforniaALL’s web site (www.calall.org) stated:

“Saturday Law Academy RFP

PLEASE NOTE:

The application process for this RFP is closed. Please contact Sarah Redfield at sarah.redfield@gmail.com or (207) 752-1721.

RFP PROPOSAL INFORMATION

California ALL seeks proposals to implement its law career pathway starting with the 2008-09 academic year (AY).

The following and attached document describes a program area in which California ALL has particular interest based on its initial research. An additional RFP will follow for college level prelaw work. Self generated proposal for other parts of the pipeline will also be considered, and another round of RFPs is possible. California ALL has not attached a specific dollar amount to the RFP, though cost effectiveness and the presence of a competitive match will be part of its consideration. California ALL has some funding in hand from a generous grant from Verizon for the Saturday Academy and intends to seek additional funding as needed to support programs selected. It is anticipated that funding will be provided for year one of the (3 year) proposal, with following years contingent on successful completion of the prior year(s). “

**

The 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 the law firm of DLA Piper, where CaliforniaALL resided free of charge courtesy of partner Gilles Attia — an attorney specialized in the representation of wi-fi companies.

CaliforniaALL’s 2008 tax-return shows an expense of around $16,000 for “occupancy.” See http://www.scribd.com/doc/48714110/6-CaliforniaALL-2008-Tax-Return

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. (See Press Release http://www.scribd.com/doc/48717715/5-California-ALL-Announces-Hiring-of-Ruthe-Ashley-as-CEO-on-June-4-2008 )

As the purpose of CaliforniaALL was to transfer funds forward, it did so by awarding small grants to the UCI Foundation (FEIN Number 952540117), where State Bar of California executive director Joe Dunn serves as trustee and chair of the Audit Committee, for the purported purpose of establishing a Saturday Law Academy at UC Irvine known as SALUCI.

Sarah Redfield’s CV, which states (falsely) that she launched SALUCI, can be found at: http://www.scribd.com/doc/48772426/10-Resume-CV-of-University-of-New-Hampshire-School-of-Law-Professor-Sarah-E-Redfield

In September 2009, Ruthe Catolico Ashley exited CaliforniaALL (http://www.scribd.com/doc/48713268/7-Ruthe-Ashley-Announces-Departure-from-Ca… ), the entity which she previously proclaimed to Diane Curtis that it “will change the face of the future in the workplace and of our leaders,” “will be a model for other states,” and “is here to stay for the foreseeable future.”

Ultimately, the following events prompted me to ask Voice of OC to make its tax returns available for my review, as required by IRS regulations: the sham RFP by Sarah Redfield, who pre-selected the UCI Foundation as the only recipient of funds from CaliforniaALL; Joe Dunn served as chair of the UCI Foundation audit committee; in September 2009 Ruthe Ashley abruptly exited CaliforniaALL; in September 2009 Joe Dunn (together with his business partner Martha Escutia, James Brosnahan — who created CaliforniaALL, and Thomas Girardi of In Re Girardi, Erin Brokovich, and the one who James Towery appointed his personal attorney (Jerome Falk of Howard Rice) to act as special prosecutor against him) launched an online “news agency” known as Voice of OC. I also suspected that James Brosnahan of Morrison & Foerster (who represented various utility companies during California’s energy crisis) may have engaged in a scheme with Joe Dunn, as Dunn was the person investigating those utility companies and California’s energy crisis. In fact, Dunn was discredited by the media for claiming that he was the one who “cracked” Enron.

KEKER & VAN NEST:
Several month ago, when Tony West was appointed third in command at the DOJ, I learned of his identity due to wide media coverage and his association with Morrison & Forester and James Brosnahan. From there, it became harder to ignore the common denominator of “Obama for America” involving Morrison & Foerster’s James Brosnahan, Tony West, Chris Young, Annette Carnegie, and Susan Mac Cormac, in conjunction with Geoffrey Bleich and Ruthe Ashley — which is that money was misappropriated or laundered through the Foundation to unlawfully benefit “Obama for America.”

Around 2007-2008, while an associate at Morrison & Foerster, Chris Young served as “Northern California Deputy Finance Director” for “Obama for America.” Presently, State Bar of California records show that Young is an employee of Keker & Van Nest. However, very recently, Keker & Van Nest abruptly removed Young’s name from its web-site.

In seeking to conceal Young’s present association with Keker & Van Nest, respondents sought to protect their own pecuniary interests and were clearly motivated by the totality of the circumstances surrounding Young, especially around 2007-8.

In addition, respondents’ zeal in seeking to conceal Young’s present association with Keker & Van Nest was also motivated by the totality of the circumstances surrounding a conspiracy by which members of the State Bar of California Board of Governors (including president Jon Streeter of Keker & Van Nest) knowingly agreed to press false criminal charges against me with the Yolo County District Attorney alleging, among others, that an ethics complaint I had filed against Judy Johnson, Holly Fujie, Mark Torres-Gil, Larry Yee, and Rachel Grunberg (dealing with CaliforniaALL – UC Davis law student Sara Granda) was “false and malicious.”

Since at the time members of the board of governors conspired to knowingly file false criminal charges (around January of 2012), they were operating under the assumption that my inquiry into CaliforniaALL was headed in the wrong direction (which it was), the identity and past actions of Chris Young were irrelevant. As a matter of fact, I myself was unaware of Chris Young, or his past involvements.

However, once I managed to unearth the identity of West, respondents and members of the Board of Governors sought to further mislead myself and others in hope none would be able to unearth the identity of Young, including his past involvement with Morrison & Foerster (and by extension, CaliforniaALL), his involvement with Obama for America, his current association with Keker & Van Nest, as well as his association with Jon Streeter (also a 2008 “bundler” for Obama for America). As such, Young’s profile was abruptly removed from KVN.COM for the additional purpose of covering-up members of the Board of Governors’ own misconduct.

Moreover, respondents’ zeal in seeking to conceal Young’s present association with Keker & Van Nest was also motivated by a desire conceal various acts of grave misconduct Jon Streeter had committed in his capacity as director of the California Bar Foundation (either on behalf of himself, on behalf of Keker & Van Nest, or in concert with Cal Bar Foundation directors Douglas Winthrop of Howard Rice, Holly Fujie, Alec Chang of Skadden Arps, Sonia Gonzales, Richard Tom of Southern California Edison, Mary Ann Todd of Munger Tolles & Olson, Raj Chatterjee of Morrison & Foerster, and others.)

In summary, respondents’ conspiracy to defraud by seeking to conceal Young’s association with Keker & Van Nest was motivated by:

1. An overall motive by Keker & Van Nest and respondents to suppress the truth concerning Young’s past involvement with Obama for America, Morrison & Foerster, and CaliforniaALL.

2. A motive to conceal various acts of grave misconduct Jon Streeter had committed in his capacity as member of the State Bar of California Board of Governors.

3. A motive to conceal various acts of grave misconduct Jon Streeter had committed in his capacity as director of the California Bar Foundation.

I urge you to investigate this matter to determine whether any of the respondents violated California Rules of Professional Conduct and/or the State Bar Act. I ask that you levy appropriate sanctions against any and all of the attorneys involved, if supported by the results of your investigation.

I look forward to your response. If you have any questions, please feel free to contact me. Please note that due to your disinclination to process complaints submitted via e-mail, this superseding signed complaint will also be delivered via Federal Express.

 

=====================================================

Behold! The members of the Executive and planning committee

 

Source:

http://judicialcouncilwatcher.wordpress.com/2012/08/07/justice-miller-in-the-…

Hon. Douglas P. Miller, Chair    (long time insider crony, wants no change in the overall structure of the AOC and has stated as much)(Huffman’s clone) 
Associate Justice of the Court of Appeal
Fourth Appellate District, Division Two
3389 Twelfth Street
Riverside, CA 92501
(951) 782-2667
Fax (951) 248-0346
douglasp.miller@jud.ca.gov

Hon. Kenneth K. So, Vice-Chair  (also a long time insider crony whose most notable accomplishment is what he doesn’t say)
Judge of the Superior Court of California,
County of San Diego
220 West Broadway
San Diego, CA 92101
(619) 450-5055
Fax (619) 450-5716
kenneth.so@sdcourt.ca.gov

Hon. Stephen H. Baker  (also a long time insider crony, known for going along to get along and has had Jack Halpin assigned to his court for 19 years)(tainted voice)
Judge of the Superior Court of California,
County of Shasta
1500 Court Street
Redding, CA 96001-1685
(530) 245-6761
Fax (530) 225-5339
sbaker@shastacourts.com

Ms. Edith R. Matthai (this attorney works for an insider crony and has been a reliable producer of inaction
Attorney at Law
Robie & Matthai
500 South Grand Avenue, #1500
Los Angeles, CA 90071-2609
(213) 706-8000
Fax (213) 706-9913
ematthai@romalaw.com

Hon. David Rosenberg (A judicial council brown-nosing rising star that has carefully tried to play both sides of the fence. Due to his direct involvement in unlawful activity, he is a malleable tool and a reliable producer pushed forth as a periodic spokesperson for the death star) (tainted voice) 
Presiding Judge of the
Superior Court of California,
County of Yolo
725 Court Street, Dept. 4
Woodland, CA 95695
(530) 406-6741
Fax (530) 406-6962
drosenberg@yolo.courts.ca.gov

Hon. David S. Wesley ( the only clean one of the bunch
Assistant Presiding Judge of the
Superior Court of California,
County of Los Angeles
111 North Hill Street, Room 204
Los Angeles, CA 90012
(213) 974-5550
Fax (213) 680-1263
DWesley@LASuperiorCourt.org

Mr. David H. Yamasaki (the highest paid court executive officer in California is a reliable producer for the cronies, thereby earning his 332K per year
Court Executive Officer
Superior Court of California,
County of Santa Clara
191 North First Street
San Jose, CA 95113
(408) 882-2714
Fax (408) 882-2296
dyamasaki@scscourt.org

AOC LIAISON
Ms. Jody Patel (canon fodder: A hysterical, irrational tyrant respected by few, loathed by many brings her pet spot with her on every promotion she gets)
Interim Administrative Director of the Courts
Administrative Office of the Courts
455 Golden Gate Avenue
San Francisco, CA 94102-3688
(415) 865-4235

 

JCW Assails California Deposed Chief Justice Ronald George, Mary Roberts (TLR Note: JCW Neglected to Mention George’s Confederates: Mark Leno, Mike Feuer, Bet Tzedek ; Kay Werdegar and Husband David Werdegar of Institute on Aging)

While there remains a significant presence of King George loyalists throughout the branch, we think it is safe to day that the so-called legacy of King George and his purported accomplishments amount to a 15 year game of three card monte. For every new central courthouse you open, several other courthouses will be closed down,  shuttered or fall into a state of unsafe disrepair due to a lack of  operating and maintenance  funds. We’ve shown just one example where millions were spent to fix a building and permitted to immediately fall into a state of disrepair. This is happening statewide. While Judges would get the benefit of salary increases and SBX211 exoneration, they would lose their ability to independently command the courtroom through a myriad of circumstance, relegating most to in-chamber mandatory settlement conferences and other tasks.

Thousands of court employees would lose their jobs serving the people in pursuit of funding the now failed legacy that is CCMS. Those in power wish to blame us for their failures, for if we just had remained silent and permitted them to siphon off up to 3 billion dollars to digitize every court record in the state, they would have been able to deliver to you the judicial nirvana of venue transparency.

There has been much discussion on this site, in comments on other sites and even in editorials referencing the man behind the curtain. Today’s Judicial Council, with a few notable and hopefully promising exceptions does not appear to deviate much from the Judicial Council of a few years ago. However, it is wholly conceivable that soon we might actually witness the assembly three dissenting votes! Huzzah! We’ve come a long way, baby!

While we no longer have people like Richard Huffman or King George sitting on the council openly insulting critics, I think it is important to note that they and others continue to remain the power brokers in Judicial Branch politics. Just appointed to the position of executive director of the AOC we have taking the helm the woefully under-qualified Mr. Steven Jahr who not too long ago basically indicated that judicial branch critics were so full of it that their eyes were brown. “But I did that as a private citizen” he tells us.

Nobody can investigate it, even though every major indicator is present going back for a dozen years. Nobody can prosecute it if no one can investigate it. Thus far, nobody has successfully argued the issues in any court of law and we all know it would be overturned by the “old court system” regardless of the decision anyways. This would only serve to paint the poor judge as a target for Judicial Council & power broker retaliation and AOC to court funding cuts.

What makes this all a fascinating story is that judges themselves cannot come out and say “Hey, that is illegal, unlawful or unconstitutional” so there exists this natural void between judges and mainstream media because if they are unwilling to say it, mainstream media is unwilling to investigate it. Yet you can and all have bared witness to all of the press and media building the media files of anecdotal evidence that all points to a series of  suspiciously monumental problems that are always solved by the time the media story breaks. Snapshots in time. New program management that is the same as the old program management. Situations resolved of actual impropriety by retaliating against those that brought it up. Software that works, just not in any court. $2,000.00 light bulbs, because your ignorance of real world maintenance costs permits it and they point out that you don’t understand.  And so on and so forth.

Would a few retired judges be able to outline the indictment, share it with the press and endure the fallout?

While the SEC report was a remarkable document, it is what it did not say that was as equally remarkable because it was largely composed by judges and justices. What we read in the SEC report with respect to Mary Roberts alone was carefully tiptoeing up to the line, thoroughly outlining the indictment in the most judiciously innocuous terms yet not being able to openly come out and say fire the b!

And it is because of this that Mary “The Lizard” Roberts is still there in the catbirds seat controlling outcomes by establishing and enforcing unwritten judicial branch policy much like any attorney for the mob would.

Imagine for a moment what a simultaneous report released by someone like, say, the Center for Investigative Reporting or Frontline might focus on if they were sitting in the same rooms and attending the same meetings and fact-finding sessions of the SEC committee.

Imagine how fast federal indictments would follow such a report. 

Please continue @:

http://judicialcouncilwatcher.wordpress.com/2012/08/04/bringing-about-the-end…

 

COMMENTS:

Wendy Darling:

Case fixing at 455 Golden Gate Avenue? Sadly, not even surprising.

The State Legislature, or the Attorney General, of the U.S. Department of Justice, or any law enforcement agency, investigating the AOC for fraud or corruption? Now, THAT would be surprising. Given the Legislature’s, the Attorney General’s office, the U.S. Department of Justice’s, and law enforcement’s, demonstrated indifference over the last 4 or 5 years, however, to do any such thing, despite overwhelming evidence, chances are pigs will fly first and h*ll will freeze over – at the same time.

As they like to say at 455 Golden Gate Avenue: We can do whatever we want, because there’s no one to hold us accountable.

Long live the ACJ.

 

Legal Scholar Dan Dydzak:

Great commentary. Notwithstanding “past” fixing of cases, Mary Roberts and others will NOW be sued in a new lawsuit including RICO violations and a Class Action. Mel Belli, Esq. hired me and he would have done the same thing. Judges are already waking up across the state and elsewhere; where a judge or judges impermissibly and unethically talk with Ms. Roberts and/or Beth Jay and others to fix cases, a NEW Belliesque lawsuit is on its way. And it will be shortly filed and the U.S. Supreme Court will hear about it. I still believe that there are fair judges out there that do NOT want to continue the King George reign. And they are speaking out loud and clear. GET the legislature to either ABOLISH the AOC completely and start anew, or, in the alternative, CUT OFF THEIR FUNDING AND MONIES. Mary Roberts and company will not want to stick around when their fat paychecks are cut off. Again, Ms. ROBERTS knows that my lawsuit is coming–and since she is such an unethical attorney, she will be named as the FIRST DEFENDANT, then RONALD M. GEORGE et al.

Assemblyman CALDERSON should be contacted to abolish the AOC or cut off its funding. In fact,this weekend I will shoot off an email to his Chief of Staff asking him to do that. Mr. Jar, are you listening? Keep up the fight.

 

JCW:

We’ve mentioned that some get appointed to the star chamber because they did something wrong or illegal and rather than face prosecution, they are selected as malleable tools to be used by the power brokers.

In our ongoing investigation of how some of these compromised players got to the star chamber, we’re working on the story that will illustrate how our favorite hockey puck, Judge Dave Rosenberg got there.

 

 

 

 

 

 

 

 

Judicial Council Watcher’s Prominent Commentator JusticeCalifornia On Colorful Employment Background of California Supreme Court Chief Justice Tani Cantil-Sakayue (TLR Note: Below Re: George Deukmejian’s Babysitter; Judicial Council’s Marvin Baxter)

Judicial Council Watcher’s Prominent Commentator JusticeCalifornia On Colorful Employment Background of California Supreme Court Chief Justice Tani Cantil-Sakayue (TLR Note: Below Re: George Deukmejian’s Babysitter; Judicial Council’s Marvin Baxter)

 

JusticeCalifornia wrote:

“Early Career
After graduating in 1984, Cantil-Sakauye worked briefly as a cocktail waitress and as a blackjack dealer with former law school roommate Cynthia Couglin at a Harrah’s casino while waiting for the results of the bar exam. Couglin, now a Sacramento attorney, notes with a laugh that “what they wear up there now is quite different that what we used to wear,” as the new outfits are much “more revealing.”

Pacific Citizen:

“A graduate of the University of California, Davis law school, Cantil-Sakauye has been a judge since 1990 and has served as a prosecutor and aide to former Gov. George Deukmejian, but she credits an earlier job with helping her develop the ability to quickly and accurately assess situations — a waitress job at a Sacramento restaurant. “I’m a pretty good waitress,” she said with a laugh. “I worked at night in college so I organized my time and I became really efficient with making coffee with one hand and filling water pitchers with another.” During her first year in law school, Cantil-Sakauye also worked as blackjack dealer at the Harrah’s in Lake Tahoe, and while waiting for her bar exam results, she cocktailed at a local bar.”

Legal Pad:

“Restoring SAL would be an impressive feat, especially with the governor signaling that the budget is likely to include more spending cuts next year. But Cantil-Sakauye didn’t appear fazed Saturday when she referenced her past as a blackjack dealer in preparing for the fight ahead. “I always note the wager,” she said, “but I wait and watch for the tell.”.

Uh huh. And I wonder what the brutal budget cuts, the SEC report and the overwhelming reaction of the judges to that report is telling our gambling barmaid — who, by the way, makes no bones about how her gambling barmaid past is influencing her present. And you can’t tell me, Martha Plat, that Sakauye didn’t use her “feminine charms” to get good tips. I have no problem with that. She exploited her assets. But as a female legal professional, I do have a problem with that same gambling barmaid turning around and complaining about being called nice and pretty as a political ploy to get her way. Or hiding behind a powerful man she went to school with to get her way.

Just my opinion.

 

Please see source:

http://judicialcouncilwatcher.wordpress.com/2012/07/20/jcw-special-coverage-o…

 

TLR NOTE:

JusticeCalifornia neglected to mention CCJ Cantil-Sakayue moonlighting as babysitter for California Governor George Deukmejian.

Despite Cantil’s clear lack of qualification to serve as chief-justice (employment history notwithstanding and somewhat irrelevant) it is a unfair to blame Cantil for problems caused by her predecessor.

One who is equally responsible for the current chaos is  associate-justice and long-time member of the Judicial Council,  Marvin Baxter.

Baxter is a Deukmejian appointee (both are Armenians) who lobbied to appoint Cantil as chief-justice.

 

Tani Cantil-Sakauye – Madam Chief Justice of the California Supreme Court – Hereby Asked to Admit or Deny Matters RE: Ruthe Catolico Ashley, Kamala Harris, Jeffrey Bleich, DOJ’s Tony West ; Jon Streeter, Yolo County Judge David Rosenbeg

Admit that your name is Tani Gorre Cantil-Sakauye AKA Tani Cantil-Sakauye AKA Tani Cantil.

Admit that you presently serve as the 28th Chief Justice of California.

 Ruthe Ashley

Ms. Ruthe Catolico Ashley (Image:courtesy photo)

Admit that one Ruthe Catolico Ashley of Sacramento, California (shown above) has been a close friend of yours for many years.

Admit that you are also a close personal friend of former crack-addict Mike Nisperos and spouse Eleanor O. Nisperos —  a legal legend in the Philipino-American community.

Admit that the Supreme Court of NMI ordered Eleanor O. Nisperos to cease practicing law and commenced disciplinary proceedings against her for practicing law without a license. 

See @: http://lesliebrodie.blog.co.uk/2010/09/21/po-9415183/

Admit that around 2007-09 Ruthe Catolico Ashley was involved in various activities in connection with Obama for America (see below)

Ruthe Catolico Ashley ; CaliforniaALL; Obama for America

 

Admit that around 2007-2008 Ruthe Catolico Ashley served as member of the State Bar of California Board of Governors (“BOG”).

Admit that while serving as BOG member your friend Ruthe Catolico Ashley proposed the creation of CaAAL later known as CaliforniaALL. (see below)

 

Ashley Proposes to the BOG

 

Admit that once created, CaliforniaALL hired your friend Ruthe Catolico Ashley as executive-director. (see below)

CaliforniaALL hires Ruthe Ashley - Copy

 

 

Admit that once CaliforniaALL was established, the California Bar Foundation (a foundation maintained by the State Bar of California — an “arm” of the California Supreme Court)  funneled  a whopping $ 774,247.00 to CaliforniaALL.


 

Admit that pursuant to a conspiracy to defraud the public (by omission and otherwise) neither the California Bar Foundation “Newsroom,” nor the California Bar Journal ever acknowledged the largest grant ever bestowed. (see below)

 

Foundation News Room 2008 - Copy

 

 

Admit that Mr. Mario Camara served as president of the California Bar Foundation in 2008.

Admit that Ms. Leslie Hatamiya served as executive-director of the California Bar Foundation in 2008.

Admit that A joint letter published and signed by Camara and Hatamiya also made no mention of the hush-hush transfer of  whopping $ 774,247.00 to CaliforniaALL. (see below)

 

Mario Camara 2008 Foundation - Copy

Admit that your friend Ruthe Catolico Ashley was part of said conspiracy to conceal the transfer of funds from the public pursuant to a pre-existing agreement to misuse said funds.

Admit that executive-director of the State Bar of California (Ms. Judy Johnson) and California Attorney General (Ms. Kamala Harris) were part of CaliforniaALL. (see below)

 

California ALL Advisory CouncilCalifornia ALL BOD

 

Admit that around 2007-2008 Jeffery Bleich served as president of the State Bar of California and as director with the California Bar Foundation.

Admit that around 2007-2008 Susan Mac Cormac and Eric Tate of Morrison & Foerster created non-profit entity CaliforniaALL. (see below)

 

 

MoFo Legal Counsel

 

Admit that between 2008 – 2009 CaliforniaALL was housed Pro-Bono at the Law Offices of DLA Piper in Sacramento. (see below)

 

dla

 

Admit that CaliforniaALL represented to the Internal Revenue Service (IRS) that in 2008 it had an expesne of $ 16, 457.00 for “Occupancy.”

 

Occupancy 990 of California ALL

 

Admit that around 2007-2008 Sir James J. Brosnahan was associated with the firm of Morrison & Foerster.

Admit that around 2007-2008 one Derek Anthony West AKA D. Anthony West AKA Tony West. was associated with the firm of Morrison & Foerster.

Admit that around 2007-2008 one Chris J. Young was associated with the firm of Morrison & Foerster.

Admit that around 2007-2008 one Annette Carnegie was associated with the firm of Morrison & Foerster.

Admit that the self-proclaimed “mastermind behind the Democratic Party” is non other than Sir James J. Brosnahan of Morrison & Foerster.

Admit that around 2007-2008 Tony West served as Co-Chair of “Obama for America” California Finance Committee.

 

 

Admit that around 2007-2008 Chris J. Young served as “Obama for America” Northern California Deputy Finance Director.

Admit that around 2007-2008 Kamala Harris served as California Chair of “Obama for America”

Admit that around 2007-2008 Jeffrey Bleich founded and Co-Chaired “Obama for America”‘s National Finance Committee.

Admit that around 2007-2008 Annette Carnegie was a director with the California Bar Foundation.

Admit that around 2007-2008 Jeffery Bleich served as president of the State Bar of California and as director with the California Bar Foundation.

Admit that CaliforniaALL funneled funds to the UCI Foundation, where executive-director of the State Bar of California — Voice of OC’s Joe Dunn — serves as member of the audit committee.

 

Senator Joseph Dunn

 

Admit that the UCI Foundation allegedly used the money to launch SALUCI — Saturday Academy of Law at UC Irvine around 2009. (see below)

 

SAL Our Work

 

Admit that Sarah Redfield alleges that between 2008 and 2009 she “launched” CaliforniaALL, participated in RFP, and “launched” the Saturday Academy of Law “SALUCI”  at U. C. Irvine.

Sara E. Redfield SAL

 

Admit the below photo was taken on January 24, 2007 during SALUCI visit to the Law Office of Allen Matkins.

 

 

SAL Visit to Allen Matkins

In 2007, UCISAL paid a visit to Allen Matkins. (See below.) TLR intentionally blurred the photo to maintain the students’ privacy. Seated on the right is Robert Hamilton. On the far right is Karina Hamilton, a former Allen Matkins associate, wife of Robert Hamilton, and Director of SALUCI.

Admit the below photo below was taken in 2005, when SALUCI group visited the law offices of Sheppard Mullin.

 

UCI SAL

 

Admit that subsequent to the election of Barack Obama, CaliforniaALL begun slowly but surely to dissolve itself.

Admit that in September of 2009, your friend Ruthe Catolico Ashley abruptly exited CaliforniaALL.

Ruthe Ashley Letter of Resignation

Admit that the current president of the State Bar of California — Jon Streeter of Keker & Van Nest — is African-American.

Admit that around 2007-2008 Jon Streeter (similar to Tony West, Kamala Harris, Jeffrey Bleich, and Chris Young) was also raising funds for “Obama for America.”

Admit that on June 2, 2007 Tony West, Chris Young, Jeffrey Bleich, Jim Brosnahan, and Jon Streeter (as well as Jon Streeter’s spouse, Dorine) hosted a fundraising on behalf of “Obama for America.” (see below)

 

Jim Brosnahan, Jon Streetr, Jeff Bleich

 

 

 

Admit that subsequent to his employment with Morrison & Foerster and “Obama for America,” Chris J. Young commenced employment with Keker & Van Nest.

 

 Keker & Van Nest - Elliot Peters -- Chris Young -- March 2012

 

 

Admit that subsequent to the appointment of Tony West as Acting Assistant Attorney General, and once his name appeared for the first time on The Leslie Brodie Report as potential wrongdoer, Keker & Van Nest immediately removed the name of Chris J. Young from its web-site.

 Keker & Van Nest /MIA Name of Chris Young

 

Admit that the California Bar Foundation recently appointed Sonia Gonzales as its new executive-director as the prior executive-director had abruptly quit.

Admit that the spouse of Tony West (Ms. Maya Harris) is a former co-worker and close friend of Sonia Gonzales.

Admit that Mr. Willie Brown had stated that he is the mentor of Tony West.

Admit that Willie Brown is the ex-paramour of Tony West’s sister-in-law, Kamala Harris.

Admit that John Keker of Keker & Van Nest is the mentor of Kamala Harris.

Admit that executive-director of the State Bar of California (Ms. Judy Johnson) was part of CaliforniaALL –  which was in partnership agreement with the State Bar of California.

Admit that both United States District Court Judge Hon. Morrison England and his spouse Torie Flournoy-England were part of CaliforniaALL.

Admit that once UC Davis quadriplegic law-student Sarah Granda filed a suit in federal court against the State Bar of California, neither the State Bar of California nor Judge Morrison England (who dismissed Granda’s case) disclosed to Granda the enmeshment between the State Bar of California, CaliforniaALL, Judy Johnson, Hon. Morrison England, and Torie Flournoy England.

Admit that a Yolo County-based Rabbi (YR) had filed an ethics complaint in connection with the failure to disclose potential conflicts of interests to plaintiff Granda.

Admit that the president of the State Bar of California (Jon Streeter of Keker & Van Nest) pressed criminal charges with the Yolo County District Attorney (on behalf of the entire BOG) alleging the complaint advanced by YR was “false and malicious.”

Admit that the Yolo County District Attorney executed a search warrant at the home of YR (who unearthed the scheme known as CaliforniaALL)  by  which materials related to the above mentioned ethics complaint were seized, as well as all materials relating to CaliforniaALL.

Admit that you are a member of California’s Judicial Council.

Admit that Hon. Dave Rosenberg is the presiding judge of Yolo County Superior Court.

Admit that Hon. Dave Rosenberg is a member of California’s Judicial Council.

Admit that Hon. Dave Rosenberg is precieved by many as your “ally.”

Admit that one Ruthe Catolico Ashley of Sacramento, California has been a close friend of yours for many years.

Admit that you urged the president of the State Bar of California (Jon Streeter of Keker & Van Nest) to press criminal charges with the Yolo County District Attorney (on behalf of the entire BOG) alleging the complaint advanced by YR was “false and malicious.”

In fact, admit that around 2007-2008 Morrison & Foerster attorneys James J. Brosnahan, Tony West, Chris Young (later of Keker & Van Nest) , Susan Mac Cormac, and Annette Carnegie conspired with Ruthe Catolico Ashley and Jeffrey Bleich to embezzle and did in fact embezzle around $780,000.00 from the California Bar Foundation, via CaliforniaALL, to benefit “Obama for America.”

 

Ruthe Catolico Ashley Hereby Asked to Admit Matters Re: Friend Tani Cantil Sakayue, Judicial Council Member Dave Rosenberg, Morrison & Foerster, DOJ’s Tony West, Ambassador Jeffrey Bleich, Obama for America, and CaliforniaALL – Part 1

: Ruthe Ashley

Ms. Ruth Catolico Ashley (Image:courtesy photo)

 

Admit that your name is Ruthe Catolico Ashley AKA Ruthe Ashley.

Admit that you are a close personal friend of California Chief Justice — The Honorable Tani Cantil – Sakayue.

Admit that around 2007-2008 you served as member of the State Bar of California Board of Governors (“BOG”).

Admit that around 2007-2008 also serving as BOG member was one Jeffrey Bleich (AKA Jeff Bleich).

Admit that while serving as BOG member you proposed the creation of  CaAAL later known as CaliforniaALL.

 

Ashley Proposes to the BOG

 

Admit that CaliforniaALL, once created, was in partnership with the State Bar of California. (see above image)

Admit that your friend Sarah E. Redfield served as “interim” executive-director of CaliforniaALL for a period of 6 month, and that you were hired as permanent  executive-director of CaliforniaALL pursuant to a  “nationwide search.”

CaliforniaALL hires Ruthe Ashley - Copy

 

 

Admit that once created the California Bar Foundation funneled $ 774,247.00 to CaliforniaALL.


 

 

Admit that pursuant to a conspiracy  to defraud the public by omission neither the California Bar Foundation “Newsroom,” nor the California Bar Journal ever acknowledged the largest grant ever bestowed.

 

Foundation News Room 2008 - Copy

 

 

Admit that Mr. Mario Camara served as president of the California Bar Foundation in 2008.

Admit that Ms. Leslie Hatamiya served as executive-director of the California Bar Foundation in 2008.

Admit that A joint letter published and signed by Camara and Hatamiya also made no mention of the hush-hush transfer.

 

Mario Camara 2008 Foundation - Copy

 

 

Admit that you and Jeffrey Bleich were part of said conspiracy  to conceal the transfer of funds from the public pursuant to a pre-existing agreement to misuse said funds.

Admit that executive-director of the State Bar of California (Ms. Judy Johnson) was part of CaliforniaALL —  which was in partnership agreement with the State Bar of California.

Admit that both United States District Court Judge Hon. Morrison England and his spouse Torie Flournoy-England were part of CaliforniaALL.

 

 

 

California ALL Advisory CouncilCalifornia ALL BOD

 

Admit that once UC Davis quadriplegic law-student Sarah Granda filed a suit in federal court against the State Bar of California, neither the State Bar of California nor Judge Morrison England (who dismissed Granda’s case) disclosed to Granda the enmeshment between the State Bar of California, CaliforniaALL, Judy Johnson, Hon. Morrison England, and Torie Flournoy England.

Admit that a Yolo County-based Rabbi (YR) had filed an ethics complaint in connection with the failure to disclose potential conflicts of interests to plaintiff Granda.

Admit that the president of the State Bar of California (Jon Streeter of Keker & Van Nest) pressed criminal charges with the Yolo County District Attorney (on behalf of the entire BOG) alleging the complaint advanced by YR was “false and malicious.”

Admit that the Yolo County District Attorney executed a search warrant at the home of YR by  which materials related to the above mentioned ethics complaint were seized, as well as all materials relating to CaliforniaALL.

Admit that the ethics complaint filed by YR was “false and malicious.”

Admit that it was Jill Sperber of the State Bar of California who had previously examined said ethics complaint advanced by YR.

 

 

 

 

Letter Jill Sperber State Bar of California

 

 

Admit that Judicial Council member Dave Rosenberg serves as the presiding judge in Yolo County.

Admit that Judge Dave Rosenberg, Howard Dickstein, and CJ Cantil boast connections to the gambling industry.

Admit that Judge Dave Rosenberg is a confederate of your friend CJ Tani Cantil Sakayue.

 

 

 

Judicial Council Watcher on Diversity as Tool to Sabotage SEC Report ; Is Yolo County DA Jeff Reisig Assisting Keker & Van Nest and Client Dickstein to Sabotage Inquiry of Yolo County-Based Rabbi Into CaliforniaALL; Tony West Asked to Admit

You see, the AOC didn’t employ many african americans or latinos to begin with. So when the layoffs came down recently, african americans were disproportionately let go by huge percentage points. This was confirmed by one special AOC employee that submitted a comment about diversity with respect to the SEC report and unintentionally undermined all of the hard work of the Ministry of Truthiness, duly earning himself a position in Judicial Council Watcher’s Hall of Fame by accident no less.

Michael Roosevelt, please stand up and discuss AOC diversity.  http://www.courts.ca.gov/documents/SP12-05_RooseveltM.pdf

Well as you were made aware in the last communique from the Alliance of California judges and the 10 news report, the Ministry of Truthiness is too busy with the budget cuts to talk to any television reporters but Leanne Kozak has the time to respond to the news report with a crock of B.S about telecommuting “facts” that would and should never apply to anyone like Todd Torr.

What is it that has the AOC’s Ministry of Truthiness so busy?

It would be untoward for judges and justices that sit on the judicial council and chair its various committees to come out and directly torpedo the SEC report to protect their own self-interests. The best alternative any media consultancy will tell you is to torpedo the SEC report by proxy so that your hands appear clean.  This is what currently has the Ministry of Truthiness and a few committee chairs and co-chairs on the judicial council so busy. They only have seventeen days left to torpedo this report so they’re pulling out all of the stops.

The Judicial Council and the AOC’s media arm has a considerable reach because they, much like us, have worked in media and communications. So the best thing they can do is get media coverage for outside opposition to the SEC report and get it airtime and web time. Get people all freaked out that implementing the SEC’s recommendations will cut off your access to the courts and lawyers, result in unfairness and give us a bunch of WASP judges.

Right now, they’re trying to sell this story in advance to their loyal media outlets. Meanwhile, the committee chairs, co-chairs and liaisons are enlisting the state bar members to torpedo the SEC report and create the very news that the AOC is trying to sell.

Tail.

Wag.

Dog.

The great irony as you will note are the grounds chosen. Access, fairness and the diversity of our courts with the AOC leading by example. Oh the irony.  And we can thank Joe Dunn and the  the Judicial Council’s Access and Fairness Committee for being so willing to raise the alarm flag about access, fairness and diversity being at risk and needing to be preserved by the AOC’s people and programs.

Please continue @:

http://judicialcouncilwatcher.wordpress.com/2012/07/10/diversity-access-fairn…

 

Is Yolo County DA Jeff Reisig Assisting Keker & Van Nest and Client Dickstein to Sabotage Inquiry of Yolo County-Based Rabbi Into CaliforniaALL – Potential Criminal Conduct by Tony West,Jeffrey Bleich, Kamala Harris,Chris Young? Tony West Asked to Admit! — Below:

 

Message from YR to Messrs. Jeff Reisig and Michael Cabral of Yolo County District Attorney, below:

At the time my property was seized in February 2012, your
investigators told me that your office would be making a copy of the
hard drive and then promptly return the items. That has not occurred
Also, by my estimate, the 140 day period from the execution of the
search warrant runs this week. Do you by any chance know when I will
get my property back?

The property is needed because months before you were contacted by Jon
Streeter, I had notified various authorities about myriad suspected
financial schemes and ethical breaches (i.e. matters involving In Re
Thomas Girardi, CCPF, Voice of OC, Howard Dickstein, Jeannine English,
Fogel vs. Farmers, CaliforniaALL, etc.).

The Federal Bureau of Investigation has already contacted me twice
within the past few weeks seeking information, and I had no choice but
to inform them to expect delays. (mainly because of recent new
discoveries, and because your office is still in possession of
important evidence I had gathered which may criminally implicate Tony
West, Jeffrey Bleich, Kamala Harris, Geoffrey Brown, Joe Dunn, Jim
Brosnahan, Ruthe Catolico Ashley — a close personal friend of Chief
Justice Tani Cantil, Jon Streeter, and Jon Streeter’s associate from
Keker & Van Nest, Chris Young)

Also, please note that if and when the materials are returned , I ask
that special arrangement will be made. Simply put, the fact that Jon
Streeter asked your office to file criminal charges against me and
went to such lengths to ensure that a search warrant is executed, and
my suspicion that at least one of the investigators who were at my
home was from a separate agency (most likely Tom Layton), serves as
further proof that I have stumbled upon something important.

As such, after the execution of the search warrant I continued with
the inquiry only to unearth the suspected involvement of Tony West and
Jeffrey Bleich, and later Kamala Harris and Chris Young. As such,
since the stakes are high, I want to take all necessary precautions
and not use any computers which your office seized, and would like to
arrange for the materials to be returned to a computer shop at which I
will only copy various files, and will arrange for destruction of all
those computers that may have been infected with viruses, spywares,
etc.

Additionally, in the event that third parties came into possession of
any of the seized property or information (i.e. agents of California
Attorney General Kamala Harris or the State Bar of California, such
as Tom Layton), or any copies of the materials, please let me know.

Moreover, please note that due to the totality of the circumstances,
I am working under the assumption that the substantial monetary
payments clients of Howard Dickstein (Cache Creek Casino, Yocha Dehe
Tribe) contribute to your office interfered with your judgement.

Finally, this email is sent with a full reservation of all rights to
object in the future to the use of any of the materials and evidence
seized, including but not limited to objections as to various
privileges.

Thank you for your cooperation.

————————

Tony West asked to admit or deny the following by TLR, below:

Admit that you, Jeffrey Bleich, Kamala Harris, Annette Carnegie, and Jim Brosnahan had conspired to embezzle $ $774,247.00

Admit that your name is Derek Anthony West AKA D. Anthony West AKA Tony West.

Admit that your spouse is Ms. Maya Harris — sister of California Attorney General Kamala Harris.

Admit that around 2007-2008 you were associated with the firm of Morrison & Foerster.

Admit that around 2007-2008 one Chris J. Young was associated with the firm of Morrison & Foerster.

Admit that around 2007-2008 one Annette Carnegie was associated with the firm of Morrison & Foerster.

Admit that the self-proclaimed “mastermind behind the Democratic Party” is non other than James J. Brosnahan of Morrison & Foerster.

Admit that you and James Brosnahan defended American Taliban John Walker Lindh.

Admit that you, Kamala Harris, Chris Young and Annette Carnegie are all African-American.

Admit that around 2007-2008 you served as Co-Chair of “Obama for America” California Finance Committee.

Admit that around 2007-2008 Chris J. Young served as “Obama for America” Northern California Deputy Finance Director.

Admit that around 2007-2008 Kamala Harris served as California Chair of “Obama for America”

Admit that around 2007-2008 Jeffrey Bleich founded and Co-Chaired “Obama for America”‘s National Finance Committee.

Admit that around 2007-2008 Annette Carnegie was a director with the California Bar Foundation.

Admit that around 2007-2008 Jeffery Bleich served as president of the State Bar of California and as director with the California Bar Foundation.

Admit that around 2007-2008 Susan Mac Cormac and Eric Tate of Morrison & Foerster created ad hoc sham non-profit entity CaliforniaALL.

Admit that around 2007-2008 the California Bar Foundation funneled “hush-hush” sub-rosa $ 774,247.00 to CaliforniaALL.

Admit that CaliforniaALL never acknowledged receipt of the approximate $774,247.00 from the California Bar Foundation in any of its publications.

Admit that the California Bar Journal and the Newsroom of the California Bar Foundation never acknowledged the largest grant ever bestowed.

Admit that Kamala Harris was part of CaliforniaALL.

Admit that subsequent to the election of Barack Obama, CaliforniaALL begun slowly but surely to dissolve itself.

Admit that the current president of the State Bar of California — Jon Streeter of Keker & Van Nest — is African-American.

Admit that around 2007-2008 Jon Streeter (similar to you, Kamala Harris, Jeffrey Bleich, and Chris Young) was also raising funds for “Obama for America.”

Admit that on June 2, 2007 you, Chris Young, Jeffrey Bleich, Jim Brosnahan, and Jon Streeter (as well as Jon Streeter’s spouse, Dorine) hosted a fundraising on behalf of “Obama for America.”

Admit that subsequent to his employment with Morrison & Foerster and “Obama for America,” Chris J. Young commenced employment with Keker & Van Nest.

Admit that from reading information posted “The Leslie Brodie Report” as well as from information a Yolo County-based Rabbi had submitted to the State Bar of California (including president Jon Streeter) you were under the wrong impression that some believed money from CaliforniaALL was misappropriated by Voice of OC.

Admit that prior to being appointed as Assistant Attorney General to Eric Holder, you and others desperately needed to know whether the aforementioned Rabbi was able to ascertain your involvement (as well as the involvement of Chris Young and Kamala Harris) in the scheme. As such, you had conspired with Keker & Van Nest, Jon Streeter and others to conceive yet a new scheme by which Jon Streeter would file a false criminal charges with Yolo County District Attorney Jeff Reisig against said Rabbi for the purpose of confiscating his computers through the execution of a search warrant.

Admit that only subsequent to the execution of the search warrant , you were appointed third-in-command at the United States Department of Justice, and only as “Acting” Assistant Attorney General.

Admit that subsequent to your appointment as Acting Assistant Attorney General, and once your name appeared for the first time on The Leslie Brodie Report as potential wrongdoer, Keker & Van Nest immediately removed the name of Chris J. Young from its web-site.

Admit that the California Bar Foundation recently appointed Sonia Gonzales as its new executive-director as the prior executive-director had abruptly quit.

Admit that your spouse (Ms. Maya Harris) is a former co-worker and close friend of Sonia Gonzales.

Admit that Mr. Willie Brown had stated that he is your mentor.

Admit that Willie Brown is the ex-paramour of your sister-in-law, Kamala Harris.

Admit that John Keker of Keker & Van Nest is the mentor of your sister-in-law, Kamala Harris.

Admit that you, Lanny Breuer, and FBI Director Robert Mueller hope to somehow cover-up this scandal.

Admit that already in 2007-2008 then Senator Barack Obama was aware money was misappropriated from the California Bar Foundation to benefit “Obama for America”

In fact, admit that around 2007-2008 you, Jeffrey Bleich, Kamala Harris, Annette Carnegie, and Jim Brosnahan had conspired to embezzle and did if fact embezzle $774,247.00 from the California Bar Foundation to support “Obama for America”, via CaliforniaALL.


Charles Horan — Founder of Alliance of California Judges — Blasts SEC Comment Process as Lacking Integrity; Judicial Council Watcher Commentator JusticeCalifornia on CCJ Tani Cantil-Sakayue; Jeffrey Bleich Asked to Resign

A retired Los Angeles Superior Court judge and founder of the Alliance of California Judges has urged the Judicial Council to move quickly to implement the recommendations of the Strategic Evaluation Committee.

Charles Horan, who left office last year after 23 years on the bench, submitted his views as part of a public comment process set up by the Judicial Council. But he called that process flawed, saying it was “unfairly structured to guarantee a skewed result” in favor of the status quo.

Please continue @:

http://www.metnews.com/articles/2012/aoc070512.htm

 

JusticeCalifornia, a frequent commentator on Judicial Council Watcher, wrote:

I do believe that the politically savvy amongst Sakauye’s past and/or current supporters– which include but are not limited to experienced political/legal players Steinberg and Dunn and Feuer – and interestingly also Brown and Harris– are VERY personally aware of branch corruption; are finally understanding (or will soon learn) that pretty much everyone who honors truth, justice and the American way is questioning the profound ethical and professional limitations of top leadership of the biggest judiciary in the Western World; and know (or will soon know) that what they do or say now will follow them for the rest of their days; . . . .(will other top members of the State Bar please take note? You are selling your clients and support base down the river as you encourage increased fees payable by the public, to fund top leadership excesses, while civil courts are closed, court reporters and jury trials are abolished, and other important services to the public like self-help centers are the first to go.)

Please see @:

http://judicialcouncilwatcher.wordpress.com/2012/07/04/we-wish-you-were-here/

 

Barack Obama’s man in Canberra was asked to relinquish his position as ambassador, sources seeking anonymity informed TLR.

Jeffrey L. Bleich, a Berkeley-based attorney, is a close personal friend of President Obama who served as founding member and co-chair of Obama’s national finance committee in 2007-2008.


Mr. Jeffrey Bleich.  In an editorial dated September 30, 2008, Metropolitan News-Enterprise’s Roger Grace wrote:  “But in light of the proclivities he (Bleich) evinced in connection with his Sept. 26 political fundraiser, a question is raised in my mind as to his fitness for the high stations in the federal government which I suspect that he covets and for which he might well be destined .” Grace’s editiorial HERE (Image:courtesy of Wikipedia)

The questioning of Bleich’s propriety to serve as ambassador comes on the heels of what appears to be a swift conclusion into enigma known as CaliforniaALL.

 

CaliforniaALL -- Team Barack Obama
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

As a service to the community, staff members of The Leslie Brodie Report take pride in publishing part of a letter recently delivered to Bleich, below:

Jeffrey L. Bleich
Embassy of the United States of America
Moonah Place
Yarralumla, Canberra ACT 2600
AUSTRALIA

 

Jeff:

Regretfully, this is to inform you that, in connection with my inquiry into the misappropriation of close to $780,000.00 from the Foundation of the State Bar of California in 2008, circumstantial evidence points to financial wrongdoing on your part; as well as on the part of Derek Anthony West (AKA Tony West) of the United States Department of Justice, and James Brosnahan of Morrison & Foerster.

Please note that in referring to “you,” I refer to you in your capacity as president of the State Bar of California, director of the Foundation of the State Bar of California, partner at Munger Tolles & Olsen, as well as founding member and Chair of Barack Obama’s national finance committee in 2007-2008.

As matters presently stand, it appears that you, James Brosnahan, and Tony West (formerly of Morrison & Foerster and Barack Obama’s Chair of California Finance Committee) executed a sophisticated financial scheme to misuse the $780,000 originating from the Foundation of the State Bar of California by improperly transferring the money to Barack Obama’s coffers via a separate foundation created ad hoc by Morrison & Foerster dubbed CaliforniaALL. Specifically, Susan Mac Cormac and Eric Tate assisted with the legal aspects of creating the entity per instruction from James Brosnahan — the self-proclaimed “mastermind behind the Democratic Party.”

CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Foundation of the State Bar of California in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, the Foundation of the State Bar of California 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.

During its brief existence, CaliforniaALL obtained additional funding of close to $1.5 million from utility companies including contributions from your client, Verizon Wireless.

Note that from my perspective, your potential involvement in past financial crimes coupled with your present position i.e. approving visas, access to materials classified top-secret etc’, renders you a risk to the national security of the United States. Consequently, I must urge you to relinquish your position as US ambassador to Australia.

 

TLR Sends SOS to Judicial Council Watcher’s Commentators JusticeCalifornia, Wendy Darling, Anna, Nathaniel Woodhul Amid Growing Concerns of Retaliation as TLR/YR Again Came too Close to the Truth Re DOJ’s Tony West and KVN’s Chris Young

The Leslie Brodie Report sends SOS to Judicial Council Watcher’s Commentators JusticeCalifornia, Wendy Darling, Anna, Nathaniel Woodhul amid growing concerns of retaliation by the US Department of Justice as TLR/YR again came too close to the truth in re prima facie showing DOJ’s Tony West and KVN’s Chris Young part of scheme to embezzle funds from Cal Bar Foundation vis-a-vis CaliforniaALL to Barack Obama’s Campaign.

Moreover, Google — a client of KVN — no longer sends “Google Alerts” concerning John Keker and Keker & Van Nest dealing with the matter, below:

 

Tony West, Chris Young


Mr. Chris Young of Keker & Van Nest. During the 2008 election, while employed as an associate with Morrison & Foerster, Chris Young served as Barack Obama’s Northern California Deputy Finance Director and as National Campaign’s Northern California representative. USDOJ’s Tony West (also of Morrison & Foerster) served as Co-Chair, California Finance Cmt. Recently, Keker & Van Nest abruptly removed Young’s name from the roll of lawyers associated with the firm. Similar to Tony West, Young is under scrutiny in connection with events surrounding both Lance Armstrong and sham non-profit entity CaliforniaALL.

Tony West
Mr. Derek Anthony West (AKA Tony West) Acting Associate Attorney General, the third highest official at the United States Department of Justice. He joined Morrison & Foerster in 2001. While at MoFo, West represented “American Taliban” John Walker Lindh alongside partners James Brosnahan and Raj Chatterjee. West’s sister-in-law — Ms. Kamala Harris — is the California attorney general who was part of sham non-profit entity CaliforniaALL.


CaliforniaALL — entity created by Morrison & Foerster obtained “hush-hush” sub-rosa award of $774,247 from the Foundation of the State Bar of California (AKA California Bar Foundation)

Cal Bar Tax

Mr. James J. Bronsnahan of Morrison & Foerster: “I was suddenly elevated from an infrequent contributor to Demo­cratic politicians to being the mastermind behind the Democratic Party.”

MoFo Team
Morrison & Foerster Team (L-R)
Ms. Dian Grueneich — Former Commissioner with California Public Utilities Commission (“CPUC”); Mr. Raj Chatterjee — current board member of the Foundation of State Bar of California (DBA California Bar Foundation, entity headed by Arnold & Porter’s Douglas Winthrop formerly of Howard Rice which represented PG&E ; Ms. Susan Mac Cormac — part of MoFo’s legal team which created CaliforniaALL. Mr. Tony West – a “mentee” of Willie Brown and CaliforniaALL’s Kamala Harris brother-in-law; Mr. James J. Brosnahan — original member of the BOD at Joe Dunn’s Voice of OC. Brosnahan represented El Paso Corp during California Energy Crisis opposing Pierce O’Donnell, Joe Cotchett, and Thomas Girardi who also served as original BOD member at Joe Dunn’s Voice of OC, alongside Martha Escutia. Ms. Annette Carnegie, formerly member of the board of California Bar Foundation during the Hush-Hush subrosa transfer of $780,000 to CaliforniaALL; Ms. Diane Pritchard who practiced extensively before the CPUC while at MoFo.

Christopher Young -- Morrison & Foerster 2008

Chris Young of Keker & Van Nest

 Keker & Van Nest - Elliot Peters -- Chris Young -- March 2012

 



Above (L-R) Mr. David Werdegar of IOA; State Bar of California BOG Member Jeannine English; Mr. Thomas Girardi of embattled Voice of OC; Executive Director of State Bar of California Joe Dunn of embattled Voice of OC; California Supreme Court Associate Justice Hon. Kathryn Werdegar; really special prosecutor in matter of In Re Girardi and controversial judicial aspirant Prof. Rory Little; controversial gambling attorney Howard Dickstein (spouse of Jeannine English and a client of Keker & Van Nest), MoFo’s James Brosnahan of embattled Voice of OC; Keker & Van Nest partner Matthew Werdegar – son of David and Kathryn Werdegar; Keker & Van Nest partner Jan Little (spouse of Rory Little); Keker & Van Nest partner Elliot Peters — attorney for Howard Dickstein; California Democratic Party operative and mentor to Willie Brown’s former paramour — Mr. John Keker; Keker & Van Nest partner, attorney for Howard Dickstein, controversial judicial aspirant, and President of the State Bar of California — Mr. Jon Streeter. (Image:courtesy photo)

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.

See below Cal Bar Foundation newsroom which makes no mention of the subrosa transfer of funds.

Foundation News Room 2008 - Copy

In 2008, serving as President of the Foundation was Mario Camara. A joint letter published and signed by Camara and Hatamiya also made no mention of the hush-hush transfer. Wasn’t Mr. Camara proud of it, just like he was proud of other money which went to support “pipelines?” After all, CaliforniaALL was also intended to support “pipelines”. See below:

Mario Camara 2008 Foundation - Copy

Below an image taken from CaliforniaALL own newsletter which alludes to the fact that the State Bar of California is a “Founding Partner” of CaliforniaALL. Stingy with credit and despite the transfer of close to $780,000 from the California Bar Foundation to CaliforniaALL, only utility companies are listed as “Founding Funders.” See below:

Serving on the board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) were State Bar employee Patricia Lee, Kamala Harris, CPUC Commissioner Timothy Simon, as well as Judy Johnson. See below:

California ALL Advisory CouncilCalifornia ALL BOD

MoFo Legal Counsel

Allegations of Duplicity, Manipulation Leveled Against Dave Rosenberg — Presiding Judge of the Yolo County Superior Court

In the aftermath of a report from the Strategic Evaluation Committee which blasted the Administrative Office of the Courts for hiding its finances and number of employees, as well as exercising a “culture of control” over the state’s trial courts, some people in California’s judicial circles are skeptical about a recent survey sent out by Presiding Judge David Rosenberg of Yolo County.

According to Courthouse News Service: “The manner in which he (Judge Rosenberg) was interpreting the results were seen as an attempt to dilute the hard-hitting conclusions of the SEC report and protect the administrative office from the sweeping changes recommended in the report.”

Judge Daniel Goldstein of San Diego commented with some disbelief on the judges who voted for supporting reform “in principle” but voted against reform at “all deliberate speed.”

“Who voted against implementing remedies against waste, mismanagement and abuse of taxpayer dollars? That’s what’s striking,” he said. “That a presiding judge would vote against saving their budget and stopping waste, mismanagement and abuse of taxpayer dollars, that’s amazing.”

He called Rosenberg’s methodology for counting the vote “erroneous.”

Please see complete story @: http://www.courthousenews.com/2012/06/19/47609.htm

Commentators on Judicial Council Watcher were similarly taken aback by Rosenberg’s antics. The OBT wrote: Judge Rosenberg aka Judge Rosenblab , who our CJ appointed to the JC is out only for himself. His misuse of his position as Chair of the Presiding Judges group is “transparent” . Thanks to Presiding Judges Earl,Ellsworth and Judge Goldstein for seeking to do what is right and calling him on his blatant attempts at obfuscation. Said obfuscation only allows the JC to delay the reforms the SEC report makes clear are necessary.The bottom line is we need to implement the SEC report recommendations and move on to see that the branch works for the benefit of the public we serve.We need to pass 1208 and democratize the JC to avoid the mess we are now mired in.

 

JusticeCalifornia Urges Examination of Former California Chief Justice Ronald George as to “The Shapiro Fund”

JusticeCalifornia, a widely-known commentator on Judicial Council Watcher, is urging Dan Dydzak to examine the circumstances surrounding “The Shapiro Fund” in connection with former chief justice of the State of California, Ronald George.

JusticeCalifornia stated: If you do get to depose George, maybe you can ask him about the Shapiro Fund, and why the gifts were not properly and timely disclosed. Also, did he pay back the loan he took from Shapiro for his retention election? If so, when?

“I can ask about that loan because I personally saw the campaign disclosures revealing the loan, but no paperwork in those disclosures evidencing repayment,” JusticeCalifornia continued.

“Let’s focus on the forest, folks. The SEC verification of very serious problems with top leadership, the selection of the new AOC director, the democratization of the Judicial Council, and making sure the basics are provided to the public– open courts, good judges, court reporters, and court clerks,” JusticeCalifornia concluded.

 

 

JusticeCalifornia Assails Unsettling Tactics by Top Leadership of AOC, Judicial Council; Criticism of Barbara George Abound; Dan Dydzak Avers Retaliation by Howard Rice, Alan Rothenberg (TLR Note: See below)

Lending significant support to calls for an examination of corruption in the AOC, Judicial Council, and the California Supreme Court, a sharply-worded comment was posted by JusticeCalifornia on Judicial Council Watcher.

According to JusticeCalifornia: “Top leadership has used cleaners, expensive perks, public relations experts, grim retaliatory tactics, awards and whitewash by the boatloads to perpetuate and cover up the conduct described in the SEC report — all at public expense. The regular posters here have seen what can only be described as blatant waste, corruption and/or brutality at the highest levels of the branch– firsthand — and write about it, sometimes indelicately. So what? This is a blog, for heaven’s sake, not a Rose Garden presidential event!

Neither AOC Watcher nor JCW have been/are “politically correct” but they have been calling out bad behavior and posting very serious factually correct information for three years now — and it is ever so ironic to see that what those whom Ron George called “bloggers in jammies” reported is now being echoed in the press and in EVERY SINGLE investigation that has taken place.

It is nice and sweet that Barbara George apparently donated her time and energy to do an art exhibit. . . . .but really, it would have been much more meaningful for her husband to be awake at the wheel and protective of the branch and the public with respect to CCMS, courthouse construction and maintenance, AOC bloat and corruption. . . .etc. etc. etc.

And priorities are the point right?

Let’s see– should top leadership throw more money at the CCMS boondoggle and the most expensive courthouses in the country and a mismanaged wildly overstaffed and overpaid administrative body. . . .or keep courthouses open and staffed and serving the public? The answer seems pretty obvious but it wasn’t obvious to George or Sakauye. George had to get out and Sakauye had to be schooled by the legislature.

Tonight the national press did a high-profile piece on the ninth circuit’s jaunts to Hawaii on the public dime. Two national lawmakers commented on how the branch is complaining about budget cuts and how that affects the public, at the same time it is sending 500 people to Hawaii for a conference. The lawmakers suggested that perhaps the ninth circuit should re-think its priorities.”

—————————————————————————————————————————

As to Mrs. Barbara George, a separate commentator stated:

” Barbara George was anointed Chair of the Supreme Court Art Selection Committee. It doesn’t pass the “smell test.” It doesn’t “hit my ear right.” It smacks of incest within the judicial branch. It’s nepotism at its finest. Regardless whether Mrs. George is paid through the AOC (that would stink!) or it is pro bono, it’s wrong. What happened to people who cared about even the appearance of impropriety? I’m sure there are other people in the whole state of California that could fill that position … oh, wait. Maybe in these dire economic times we should forego a Supreme Court Art Selection Committee. I loved the slideshow of the historic courthouses, the history, the architecture, but I bet there are other ways to find those pictures and the history. Right now, and for the past several years as the AOC fiddled and swilled down Grey Goose martinis, the point should have been to keep the trial courts open to the public! The motto, “We are here for the people we serve,” that is just bull-roar, right? The AOC should and must be disbanded.”

 

————————————————————————————————————————–

Replying to criticism by a fellow commentator, Marina Del Ray-based Dan Dyzdak wrote:

“In response to reality chick, you must be a friend of the Georges and Alan Rothenbeg. Please remind Eric M. George, who engaged in RICO activities that his DEFAULT has been requested in the pending lawsuit because he failed to timely respond to the lawsuit. In addition, should he fail to appear at his deposition, a certificate of nonappearance will be taken.

Judicial Council Watcher lets me post my views as is my First Amendment Right. Others make comments which I do not control in any manner.

Two, the State Bar Court deliberately misstated facts, fabricated evidence and made false, misleading statements about my bar record. Major misstatements. The record is too substantial and consumes approximately 7 volumes and post-appeal proceeedings to try to remedy the State Bar Journal and State Bar Court’s major misrrepresentation of the facts and evidence.

In addition, the State Bar Journal often distorts facts in stories and is a propoganda vehicle for the Bar. Where is, for example, any story by the Journal of the misappropriation of monies of some $ 780,000 by California All–involving, among others, the present executive director of the Bar, Joe Dunn? Where is any story by the State Bar Journal that the State Bar refuses to even process a bar complaint against Joe Dunn or that he practices law regularly in Newport Beach and Santa Ana, even though he is presently a government employee–clearly an ethical violation? Where is any story about Judy Johnson and her misappropriation of funds to her personal use?

State Bar Judge Miles had improper ex parte communications with Howard Rice partners before putting me on inactive status. The State Bar prosecutor acknowledged that my prosecution was political and that I was targeted because I had sued former State Bar President Alan Rothenberg for clients, who it turns out was alllowing Ronald M. George to be part owner with his son, Eric M. George in his bank. This is a definite conflict of interest.
The State Bar prosecutor stated that he would file charges against me on any client complaint, even if it was meritless. Drexel was in effect “fired” for abusing his position.

Former Chief Trial Counsel Scott Drexel met regularly and illegally with
Beth Jay, George’s attorney, and had improper ex parte communications as to who to knock off. I was on their enemies list as were certain judges. To cite but one example of the distortion of facts, I was written up for alleged unauthorized practice of law when I was in federal court, in good standing with that court, and was never cited for unauthorized practice by that court. Judge Remke and others illegally invaded federal jurisdiction. Remke and others refused to disqualify Miles and set aside his decision although Miles had improper conflicts of interest. Miles had done work for Charles Schwab and the latter also used his influence with his Bar-connected attorneys to get me prosecuted. Schwab is also being sued in my lawsuit and has been served.

Three, a former AOC employee and others have given me evidence of major misappropriation of AOC funds. That is why my lawsuit is VERIFIED. I have been informed by various sources that Ronald M. George with Vickrey and Overholt used government funds time and again for their personal use. Ronald M. George can explain in deposition how he managed to make so much money and his extravagant lifestyle.

If Ronald M. George, Eric George and others can produce discovery that all sums were legitimately earned, they are free to do so. Given their “STALL” tactics to date in responding to the lawsuit, I doubt very much that they will meet that burden. As well, the son of Matthew Werdegar has been sued and served. He can explain in deposition how his mother, Kathryn Werdegar, can justify why she and George did not disqualify themselves, due to their financial conflicts of interests with respectively Charles Schwab and First Century Bank.

Many of the comments posted by Judicial Council commentators are corroborating and expanding upon much of the allegations in my verified lawsuit. I take extremely seriously the filing of any lawsuit and have a reasonable basis in fact and law for my allegations.

I knew Melvin Belli, one of the greatest attorneys of this state, and the Bar officials tried to get him disbarred twice–once over a scotch ad. Mr. Belli would have been appalled that the former Chief Justice George is accused of financial improprieties and the conversion of state funds.

It would be nice to see a honest Plaintiff’s attorney on the Judicial Council but I doubt that will happen.”

 

Please see sources @:

http://judicialcouncilwatcher.wordpress.com/2012/06/17/the-strategic-evaluati…

 

———————————————————————————————————————–

TLR Note:

Dydzak clearly neglected to mention:

Enmenshment between Ronald George, Eric George, Thomas Girardi (of Ninth Circuit matter of In Re Girardi) and Howard Rice. 

For benefits Thomas Girardi had bestowed on Ronald George vis a-vis Eric George, please see @:

 

http://lesliebrodie.blog.co.uk/2011/12/06/amended-class-action-complaint-hori…

AND @:

http://lesliebrodie.blog.co.uk/2011/12/05/in-re-toyota-motor-corp-unintended-…

 

Singer Paul Anka serenades Former California Chief Justice Ronald George courtesy of Thomas Girardi of Girardi & Keese. (Image: courtesy of LA Lawyers Phil. )

 

Howard Rice and Eric George in honey worth billions matter of Winnie the Pooh, please see @:

https://lesliebrodie.wordpress.com//?s=Winnie+the+pooh

 

Unsettling circumstances relating to Bet Tzedek, Holly Fujie, Mike Feuer, Alan Rothenberg, Eric George, and Bonnie Rubin, please see @:

https://lesliebrodie.wordpress.com/category/bonnie-rubin/

AND @:

https://lesliebrodie.wordpress.com/tag/bet-tzedek-legal-services-of-los-angeles/

 

 

Howard Rice’s Jerome Falk (defense lawyer who was chosen to act as special prosecutor against his clients Thomas Girardi and Walter Lack)  in the matter of In Re Girardi, please see @:

http://lesliebrodie.blog.co.uk/2011/12/08/jerome-b-falk-of-howard-rice-state-…

 

 

Skadden Arps colludes with Girardi & Keese in the matter of Fogel vs. Farmers Group, Inc. to the detriment of 14 million Americans, please see @:

http://lesliebrodie.blog.co.uk/2011/04/05/ethics-complaint-filed-with-califor…

 

 

 

 

 

 

 

 

Legal Scholar Dan Dydzak Weighs In On Recall of California Ex- Chief Justice Rose Bird Amid Growing Mistrust in Current Chief Justice Tani-Cantil Sakauye

In the aftermath of revelations of numerous scandals involving the integrity of judges and executives of the AOC, Judicial Council, and the State Bar of California — which came on the heels of a crisis of confidence in California Chief Justice Tani Cantil-Sakayue — Dan Dydzak, a Marina Del Rey-based legal scholar, recently offered commentary on the recall process, and specifically in connection with the sucsseful recall of former chief justice, the late Rose Bird.

According to Dydzak, “Rose Bird got recalled because a large part of the population disagreed with her judicial view of the death penalty. I witnessed a magnificent speech by Rose Bird years ago where she quoted philosophy and talked about the Rule of Law being observed. Rose Bird’s decisions were generally well-reasoned, and supportive of individual rights. After leaving the bench through the recall, without fanfare, she used to work pro bono for a legal aid office in the Bay area unannounced and taught some courses at law school. She was indeed, apparently, a public servant of the highest order and was not mired in any financial or criminal activitiy. Her legacy was not one of financial transgressions in any manner. Her mindset was not egotisical and she did not care one iota if a building was named after her, or that she made a lot of money.”

“During her tenure, there was no AOC scandal–no massive layoffs–no insinuations or allegations of misconduct or financially questionable actions taken by her or the California Supreme Court. She did not have an enemies list targeting certain disfavored attorneys or judges. Bird would not have condoned out-of-control spending on computer systems that didn’t work,” Dydzak continued..

Dydzak further stated: “I leave it up to the readership of Judicial Council Watcher to analyze and contrast the situation at hand today.  Bird certainly would not have been happy that we could not have court reporters. The less financially disadvantaged are denied due process when they cannot afford a transcript. And Bird, whatever one thinks of her judicial legacy, would not have condoned a heavy AOC bureaucracy with a retinue of attorneys apparently doing very little, especially ones giving advice from Switzerland and other exotic locales outside of CA.

Persons who misuse the public trust and convert funds could take a page out of the humble character of Rose Bird. Yes, certain people may vehemently disagree with her view of the death penalty, and that is the main reason she was recalled. When I first arrived as a young man in the Golden State, during Bird’s tenure, there was no discussion of abuses of the AOC or Judicial Council.

How things have changed…it is fortunate that Judicial Watcher and others have pointed out that the sails need to start going in a fair and more democratic way. This may call for some quite draconian measures, as many on this site have pointed out,” Dydzak concluded.

Source:

http://judicialcouncilwatcher.wordpress.com/2012/06/09/3754/#comment-9655

Beware of Mike Feuer – Ronald George – Bet Tzedek Connection; Wendy Darling Assails Ernesto Fuentes of California’s AOC ; JusticeCalifornia: “Corruption starts at the very, very top” ; AOC’s man in Switzerland — Todd Allen Thor

In what appears to The Leslie Brodie Report be a disguised maneuver by California assembly member Mike Feuer — former executive director of Bet Tzedek and  a confederate of Ronald George —   California’s assembly budget subcommittee was urged by Feuer to  whittled down the AOC to  770 employees. He also suggested the diversion of 20 million from the assigned judges program to preserve core court operations.

For more about Feuer’s position, please see @:

http://judicialcouncilwatcher.wordpress.com/2012/06/02/a-los-angeles-assembly…

—–

Wendy Darling — a frequent commentator on Judicial Council Watcher who possesses invaluable information given her position with the AOC — assailed  AOC’s HR Division. 

According to Darling: “It is worth noting that in less than three years, Ernesto Fuentes and SofaMan burned their way through 3 AOC Senior Managers of Classification and Compensation in the AOC’s HR Division, each of whom would not go along with the abuses of classification, compensation, fraud in securing employment, and other personnel practices, such as telecommuting from out of state, or out of the country, that they opposed on legal and ethical grounds and were being ordered to engage in by Fuentes, SofaMan, Vickrey, and Overholt, and in some situations, by Ron George himself, and there is documentation to prove it.”

—–

In a separate comment, JusticeCalifornia stated:

“Yes Always Amazed, corruption starts at the very, very top. Which is why in 2006 (relatively late in the game, as far as I can tell from other seasoned posters on this site) I shifted my focus from the corruption in Marin and Santa Clara to those in top leadership at the state level who were modeling, promoting, facilitating and/or covering up the corruption in Marin and Santa Clara. Starting with Ron George.

JCW is right– go for the head of the snake. I have found that you get at the head by LOUDLY documenting and reporting the fact that the head has been informed of the problems but the head a) does nothing and/or b) covers up or excuses the problems and/or c) tries to kill the messenger and then d) tries to obfuscate or destroy the evidence of all of the above.

As far as I can tell, top leadership has had the most trouble with the killing-the-messenger part. They haven’t understood that in the real world, if you wrongfully bully and whack someone up side the head, you are eventually going to get your ass kicked.

Team George wrongfully and imperiously whacked members of all three branches as well as the public up side the head while robbing them blind.

As a result Team George has been and is getting its ass kicked. All remaining Team George members need to fold up their tents and go home. Or else, as far as I can tell, the public asskicking of Team George will continue.

By the way, in my travels looking up Kiri Torre and Santa Clara, I found this from 2005:

http://www.jmijustice.org/current-projects/urban-courts/

It appears very many of top leadership’s favored court administrators have been involved together in the JMI and/or NCSC. You cannot tell me that these people — who travel all over the place to “study” court management and have served on the Judicial Council and/or many JC/AOC committees– didn’t notice what has been going on at the AOC since the late 90?s.”

——

Lastly, The Leslie Brodie Report has learned the much discussed AOC’s employee who telecommute from Switzerland,  is none other than banking regulatory attorney Todd Allen Thor.

The Alliance of California Judges Assails AOC over Telecommuting Policies; Jayne Kim — Who Refuses to Process Complaint Against Joe Dunn in Matters Involving Tani Cantil-Sakauye’s friend — Ruthe Ashley — Appointed California Bar Chief Prosecutor

In an article recently published on Judicial Council Watcher, Hon. Dan Goldstein —  Chair, The Alliance of California Judges —  stated the following:

“Some troubling information has come to our attention concerning the AOC and its liberal telecommuting policy. The SEC report noted that the AOC failed to follow its own personnel policies in a number of areas, including the telecommuting policy. For example, the report noted:

While the AOC personnel manual encompasses the personnel practices to be followed by the organization, the policies are not enforced. For example, there is a policy limiting the number of days per month employees can work remotely, away from AOC offices. This telecommute policy has been ignored. At the time this review was undertaken, at least three employees worked all of their hours on a long-term basis outside the State of California and, in one case, outside the United States. (SEC Report, page 12.)
In another instance, a supervising attorney in the Office of General Counsel has telecommuted from Monterey County several days per week. Granting special exceptions to the personnel rules, or disregarding them altogether, undermines an effective personnel system. (SEC Report, page 67.)
The Alliance has been interested in AOC telecommuting policies for quite some time, and we have made several information requests of our own in this area over the past several weeks. Likewise, we believe the press has been interested in these matters, also seeking information from the AOC.

Last month, one high-ranking AOC director was asked in writing whether the two full-time telecommuting attorneys (one in Switzerland) were the only two people working from home. The answer was, “No, while Mr. Torr works remotely full-time, several other AOC employees in multiple divisions work remotely for some percentage of the time, pursuant to the AOC’s Personnel Policy 8.9.“

Our dictionary says that the word “several” means “more than two, but not many.” Apparently at the AOC, it means 98 (not counting the Swiss).”

Please see complete article @:

http://judicialcouncilwatcher.wordpress.com/2012/06/04/aoc-telecommuting-when…

Jayne Kim, the interim leader of the State Bar of California’s prosecution unit, “officially became the agency’s newest chief trial counsel”, according to the Cal Bar Journal

As was reported previously, The State Bar of California and Jayne Kim continue to deny receipt of  a formal ethics complaint against its own executive director Joe Dunn — creator of online publication “Voice of OC.”

The complaint alleged that a request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the U.S. Department of Treasury and Internal Revenue Service to fully comply with such requests.  As such, the failure of Senator Dunn to comply with the law, as well as his utter and complete indifference to the law of the land, mandates that discipline be imposed.

Moreover, and according to the complaint, the fact that Senator Dunn is the Executive Director of the State Bar of California should only serve as a factor for enhanced discipline, as his conduct should be beyond reproach and he should fully comply with all laws and regulations. This is particularly true because those documents were sought as part of an inquiry into circumstances involving a charity known as CaliforniaALL, in the context of events surrounding Voice of OC.

The State Bar of California, which controls and operates the California Bar Foundation, quietly transferred $780,000 to CaliforniaALL, a charitable entity created by former BOG member Ruthe Catolico Ashley. CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns.

Likewise, the Foundation never acknowledged this transfer to CaliforniaALL — the largest grant it ever bestowed — via publications issued by 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.

As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where Senator Dunn serves as trustee and chair of the Audit Committee.

In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That month, Senator Dunn publicly launched his online publication, ” Voice of OC.” Public sources have stated that the Voice of OC was financed by various foundations, unions, and the like.

Events surrounding the State Bar of California, California Bar Foundation, CaliforniaALL, Voice of OC, and UCI Foundation, as well as the fact that those who were involved with CaliforniaALL (i.e. Morrison & Foerster’s Susan Mac Cormac and 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) were also involved with the creation of Voice of OC (Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi ) created the appearance of suspicious activities that funds were misappropriated by Voice of OC, vis-a-vis CaliforniaALL.

Additionally, the belief is heightened given various events’ proximity in time — as noted above, Ruthe Ashley left CaliforniaALL in the same month Mr. Dunn launched “Voice of OC” (as though her mission had been completed).

Moreover, the recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” ( as though they were fleeing the scene with guilty consciences), the refusal of SAL-UCI to disclose the amount it receive from CaliforniaALL, the simulated RFP, and CaliforniaALL’s pre-selection of the UCI Foundation as a recipient of funds only reinforce the suspicion. This is heightened by Mr. Thomas Girardi’s lack of credibility (pursuant to findings made by a panel of federal judges), and the friendship Mr. Dunn shares with Mr. Girardi.

 

Ethics Complaint,  Joe Dunn, Voice of OC,


The above is an image of the complaint which was electronically mailed  to the Intake Office of  the State Bar of California, Ms. Jayne Kim as well as to Mr. Robert Hawley.  Below are images of various prior communications between the complainanat and the State Bar of California confirming a new policy by which ethics complaints may be submiited via electronic mail.  For more about the complaint against Voice of OC and  Joe Dunn, please see Here and Here

 

Intake Office

 

 

Intake Office

 

TLR is closely monitoring the situation and will keep readers apprised of any new developments.

 

 

Controversial Gambling Attorney Howard Dickstein — Ally of Yolo County Superior Court Judge Dave Rosenberg /Client of Keker & Van Nest — Named Defendant in Civil Suit As Scrutiny of Jon Streeter – PG & E Intensifies

Howard Dickstein, a widely-known but controversial figure within California’s Tribal Gambling industry, has been named a defendant in a suit seeking unspecified monetary damages. Also named as defendant is Dickstein’s wife, Sacramento-based lobbyist Jeannine English.

The lawsuit alleges that Dickstein and English executed a scheme that caused injury to the Plaintiff, a Southern California resident who claims his privacy and constitutional rights were “egregiously violated.”

Specifically, the suit alleges that in order to camouflage a scheme and make it appear as though it is purely a mundane action by a governmental agency and was not designed to conceal Dickstein’s and English’s own acts of malfeasance, greed, and betrayal, defendants resorted to abusing their considerable “political and legal clout.”

This clout was presumably obtained as a result of the funneling of hundreds of millions of dollars from myriad Tribal Casinos to various state and local governmental agencies/officials, as well as from English’s position as a member of the State Bar of California Board of Governors, and the fact that the president of the State Bar of California, Jon Streeter, and his firm of Keker & Van Nest, represent Howard Dickstein. This , the plaintiff alleges, shows “malice and oppression” on the part of defendants sufficient to justify an award of punitive damages.

Dickstein , who is no stranger to litigation, has been previously named a defendant in a suit advanced by his client, members of the Yocha Dehe Wintun Nations (formerly known as the Ramsey Band of Wintun Indians), which owns and operates the Cache Creek Casino in Brooks, California, an unincorporated community in Yolo County.

In that action, the plaintiffs — who were represented by Sonnenschein Nath & Rosenthal, Cotchett, Pitre & McCarthy and legal ethics expert Michael Boli — alleged that Dickstein engaged in myriad fraudulent conduct, concealment, conversion (i.e. a non-criminal term referring to the act of theft), breaches of fiduciary duties, misrepresentations, and unjustly enriching himself with tribal money by defrauding the tribe of millions of dollars over more than a decade.

While the suit was pending, further allegations of grave misconduct were leveled against Dickstein and his attorneys of San Francisco-based Keker & Van Nest including claims that evidence was “manufactured.” Later, Dickstein and his lawyers of Keker & Van Nest (presumably, John Keker, Elliot Peters, and Jon Streeter) falsely advertised and misled the public into believing that the Yocha Dehe tribe had only sued Dickstein for conduct which was “negligent” in nature. Dickstein and his legal team neglected to reference the allegations of defrauding the tribe of millions of dollars over more than a decade through fraudulent conduct, concealment, conversion, breaches of fiduciary duties, and misrepresentations which the tribe had leveled against their own attorney.

In nearby Placer County, situated between the cities of Roseville and Lincoln, 50 miles east of Yolo County, where the United Auburn Indian Community operates the Thunder Valley Casino, allegations of greed and betrayal were also leveled against Howard Dickstein by the former chairwoman of the United Auburn Indian Community, the Honorable Jessica Tavares and long-time tribal council member Dolly Suehead.

According to media reports, Tribal Administrator Greg Baker — a Dickstein confederate — disallowed a tribe-funded mailing of a campaign mailer that claims the United Auburn Indian Community has been “bamboozled by an attorney [Howard Dickstein] more interested in filling his garage with Ferraris than serving the interest of our tribe, and the greed of a tribal council that rubber stamps his decision and no longer looks after our best interests.”

Baker, who as it turned out was involved in a separate and unrelated financial scheme, was recently suspended following on the heels of an IRS investigation into allegations of fraud and money-laundering. In affidavits filed by an IRS investigator, it was alleged that Baker was part of a scheme to over-bill the casino/tribe by more than $18 million, which would later be “kicked-back.”

Roman Porter — a long time ally and confederate of California Democratic Party operative Joseph Dunn of embattled online publication Voice of OC who now serves as the executive director of the State Bar of California — was recently hired as Thunder Valley Casino’s new tribal administrator.

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