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Tim Fall – Judge Yolo County Superior Court

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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

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/

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

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2

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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

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TO BE CONTINUED.

I. INTRODUCTION

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

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

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


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

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


Governor Arnold Schwarzenegger (Courtesy CNN)

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

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

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

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


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

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

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

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

II. CALIFORNIA BAR JOURNAL’S DISHONEST JOURNALISM

California Bar Journal

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

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

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

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

GRANDA v STATE BAR DOCKET

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

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

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

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

 

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

CalALL_Dec2008Newsletter 1

May 31, 2011

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

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

INTRODUCTION

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

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

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

GENERAL BACKGROUND:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Letter Jill Sperber State Bar of CaliforniaJill Sperber to Complainant 2

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

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

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

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

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

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

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

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

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

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

Sara E. Redfield SAL

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

Work CALALL SAL

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

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

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

SAL Visit to Allen Matkins

 

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

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

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

Allen Matkins Web Page Re Saturday Law Academy

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

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

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

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

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

AND

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

Allen Matkins EXIF Data 1

Allen Matkins EXIF Data 2


VI. YR’S VIEW OF EVENTS SURROUNDING CaliforniaALL

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

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

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

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

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

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

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

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

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

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TO BE CONTINUED.

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

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, 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

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.

 

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…

 

—————————————————–

 

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.

 

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.

 

 

 

 

 

 

 

 

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.

 

 

 

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.

 

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.

Davis Vanguard’s David Greenwald Avers Yolo County Judge Dave Rosenberg ‘Phlegm Comment’ Not Towards Clint Parish

Replying to TLR previously published article which stated:

“A recent controversy concerning a mailer sent by the Clint Parish’s campaign which sought to portray Judge Maguire as Arnold Schwarzenegger “bagman,” and being part of Schwarzenegger’s “inner circle” which recommended the release of convicted murderer Esteban Nunez, the son of former Assembly Speaker Fabian Nunez — 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 to only “endorse” candidates for judicial office.

Specifically, and consistent with his new role, Judge Rosenberg 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 to retaliate against Parish and issued a thinly veiled threat against him. “This sort of phlegm tends to backfire. It flies back in the face of the expectorant,” Rosenberg stated.”

David Greenwald of online publication DavisVanguard wrote to us with the following comment:

I was the reporter who first got that statement out of Judge Rosenberg.
In context, it was not a threat to retaliate but rather a comment that
the attack piece would backfire with respect to the electorate.  A
comment that proved very accurate.

David

The Leslie Brodie Report thanks Mr. Greenwald for his comment — content of which is in desperate need of clarification.

While during an interview with Greenwald, Judge David Rosenberg uttered the following:

 “Frankly, I’m saddened to see a hit piece like this in a non-partisan judicial race,” Judge Rosenberg told the Vanguard.  “The mailer by Mr. Parish is full of falsehoods and distortions.  It doesn’t deal with any issue of relevance to the judicial race.”  He said, “It’s just phlegm aimed at a decent, hard-working and honorable man – Judge Dan Maguire.  This is disturbing conduct by someone who wants to be a Judge.”

See source @

http://davisvanguard.org/index.php?option=com_content&view=article&id…:presiding-judge-rosenberg-laments-the-change-in-tenor-of-judicial-race&catid

In a separate interview with Sacramento Bee’s Darrell Smith , Judge Dave Rosenberg uttered the  thinly veiled threat against Parish– alluded to in TLR’s original story —  to wit:

“This sort of phlegm tends to backfire. It flies back in the face of the expectorant,” Rosenberg said. “It’s beneath the dignity of a candidate for judge.”

Please see @:

http://www.sacbee.com/2012/05/16/4492885/candidates-mailer-in-yolo-judges.html

Dave Rosenberg — Presiding Judge, Yolo County Superior Court,”Ally” of Howard Dickstein, De-Facto Campaign Manager of Judge Dan Maguire — Hereby Asked to Admit Involvement in Unlawful/Retaliatory Search Warrant Re Howard Dickstein’s Spouse, Joe Dunn

Please see references to search warrant executed on YR at end of article which was originally published on June of 2003, below:

 

*Photos and links by TLR, and not part of original letter.

RE: NINTH CIRCUIT MATTER OF IN RE THOMAS GIRARDI ; U.S. DISTRICT COURT JUDGE MORRISON C. ENGLAND; EXECUTIVE DIRECTOR OF THE STATE BAR OF CALIFORNIA, JOE DUNN OF VOICE OF OC; JAMES BROSNAHAN OF MORRISON & FOERSTER; LAW OFFICES OF SKADDEN ARPS; HOLLY FUJIE

Dear Honorable Chief Judge Kozinski and Honorable Judges Berzon, Smith, Tashima, and Fletcher:

This is written to advise you of circumstances relating to the California State Bar’s handling of the matter of In re Girardi pursuant to an order issued by this Court.

By way of background, at the conclusion of the appeal in a civil case prosecuted by the firms of Girardi & Keese and Engstrom Lipscomb & Lack against Dole Food Company, Judge Kozinski issued an order to show cause why Thomas Girardi and Walter Lack should not be disbarred, suspended, or sanctioned for the attempt to defraud this Court for the purpose of unjustly collecting a $500 million judgment.

Representing Thomas Girardi in those disciplinary proceedings before this Court were the law firm of Skadden Arps and ethics expert Diane Karpman. Ms. Karpman asked this Court to appoint a special prosecutor, and the Court appointed Hastings Law School professor Rory Little.

Oral arguments ensued, during which one of the judges on the panel stated that the “elephant” in the room is the manner in which the matter would be developed by the State Bar of California.

Subsequently, this Court found both Girardi and Lack culpable, and imposed monetary sanctions, reprimanded Girardi, and suspended Lack. This Court also ordered Girardi and Lack to report its findings to the State Bar of California.

 


Judge William Fletcher, a member of the Ninth Circuit panel that adjudicated the matter of In re Girardi, 08-80090, rejected the lenient recommendations of Rory Little. He stated: “with any competent lawyer if you’re omitting part of a document, that is not accidental. That is intentional.” The court adjudicated that the grave misconduct by Walter Lack and Thomas Girardi included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.

The day after this Court issued its ruling, respondents’ counsel moved to redact their names from the published decision, a motion this Court denied. (This issue will surface again, below.)

The State Bar of California assigned the matter to an outside special prosecutor (Jerome Falk of Howard Rice) since Howard Miller of Girardi & Keese served as President of the State Bar, and had hired the Chief Trial counsel of the State Bar at the time, Mr. James Towery.

After conducting an interview with Walter Lack, Jerome Falk chose to not file any charges against Lack or Girardi based on his position that any false statements submitted were not “intentional.” This determination was contrary to findings made by this Court.

Within days of the issuance of Mr. Falk’s decision, I advanced an ethics complaint against James Towery, Jerome Falk, Howard Miller, and Douglas Winthrop, contending that it had been improper for Mr. Towery to select Jerome Falk (of Howard Rice) to serve as special prosecutor because, among other reasons, Howard Miller (of Girardi & Keese) had appointed Howard Rice’s managing partner (Douglas Winthrop) as president of the California Bar Foundation, a foundation owned, controlled, and maintained by the State Bar of California.

(Incidentally, while examining materials in connection with California Bar Foundation board members, including Howard Miller of Girardi & Keese, Douglas Winthrop of Howard Rice, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown (cousin of governor Jerry Brown, I also unearthed disturbing events relating to a Section 501 entity known as CaliforniaALL involving many of the same individuals and related entities.)

 

 

The peculiar nature of the motion to redact the names of respondents’ counsel from the published decision of this Court prompted me to look into the matter further. I 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.

I thereafter informed the Los Angeles County Superior Court (Judge William Highberger) of this information, and filed a State Bar ethics complaint against attorneys Thomas Girardi of Girardi & Keese and Thomas Nolan and Raoul Kennedy of Skadden Arps because neither 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) had been informed 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 v. Farmers matter). (This background may help explain why Skadden Arps rushed to defend Thomas Girardi before the Ninth Circuit.)

Shortly after I 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.

In the meantime, I also discovered that during the period that Howard Miller, Douglas Winthrop, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown were serving as board members for the California Bar Foundation, a highly unusual financial transaction took place in which approximately $780,000 was quietly transferred, causing the California Bar Foundation to end the year in the red.

Upon further examination, I discovered that the money had been transferred to a newly-created Section 501(c)(3) non-profit entity (headed by a friend of Chief Justice Tani Cantil-Sakayue — Ruthe Catolico Ashley) known as CaliforniaALL. In turn, CaliforniaALL funneled a large portion of the money to the UCI Foundation, where State Bar of California Executive Director Joe Dunn served as trustee.

 

CaliforniaALL never acknowledged receipt of the $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 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.

 

Various factors and evidence caused me to suspect that a significant portion of the funds transferred from the California Bar Foundation ended up financing a newly-created online publication which Joe Dunn had launched with the help of Thomas Girardi and James Brosnahan of Morrison & Foerster; this online publication is known as “Voice of OC.”

Those factors include, but are not limited to, the fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $780,000 from the Cal Bar Foundation to CaliforniaALL were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – Morrison & Foerster’s Susan MacCormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation; and BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi also assisted Joe Dunn in establishing Voice of OC.

While James Brosnahan and Thomas Girardi served as members of the Voice of OC board of directors, for unknown reasons they subsequently chose to quit.

Based on my concerns, I requested that Voice of OC provide me with copies of its IRS 990 forms. Voice of OC did not comply with applicable IRS regulation in that it failed to reply to my request for copies of its 990 forms submitted to the IRS, whereupon I filed a complaint against Voice of OC and Joe Dunn with the IRS.

Also in connection with CaliforniaALL, I have advanced a judicial misconduct complaint against Judge Morrison England since State Bar of California Executive Director Judy Johnson, Judge England, his wife (Torie Flournoy-England), and State Bar of California employee Patricia Lee were all members of CaliforniaALL’s board of directors and/or advisory council. The basis for that complaint was these individuals’ failure to inform plaintiff Sara Granda — who had filed an action in federal court naming the State Bar of California as a sole defendant that was heard by Judge Morrison England — of these facts.

California ALL DLA Piper Reception
On January 27, 2009 DLA Piper’s Gilles Attia and the Office of Assembly-member Mike Davis co-hosted a reception honoring California ALL at the Tsakopoulos Galleria in Sacramento. Bottom (left to right): Ruthe Ashley; Judge Morrison England and Mrs. Torie Flournoy-England; Ruthe Ashley, Gilles Attia, News 10 Presenter Sharon Ito, and Assembly-member Mike Davis. Top right is Karina Hamilton. Mike Davis, an ally of former assembly-member Gwen Moore and Karen Bass, is the vice-chair of the Legislative Black Caucus.

Specifically, without informing plaintiff Granda of his relationship with Judy Johnson (the State Bar’s Executive Director) vis-a-vis CaliforniaALL and either obtaining a waiver from this plaintiff or independently recusing himself, Judge England summarily dismissed Ms. Granda’s complaint against the California State Bar. Fortunately for Ms. Granda, several days later then-Governor Arnold Schwarzenegger championed her cause and pressured the California Bar to accommodate her needs.

Unfortunately, the Clerk of the Ninth Circuit rejected my complaint against Judge England claiming, incorrectly, that I did not comply with a requirement to insert wording to the effect that I understand that irrespective of the complaint, the outcome of the underlying case will not be affected. At that point, I chose not to resubmit the complaint against Judge England.

My discovery concerning Jerome Falk (specifically, that Thomas Girardi and Walter Lack were clients of his firm) occurred only a few months ago, and my plan was to approach the Ninth Circuit to request either that the Court reopen the matter of In Re Girardi or that it appoint a special prosecutor to determine what, if any, ethical violations transpired.

However, in a shocking turn of events, I was recently served with a search warrant while at home. Six investigators from the Yolo County District Attorney’s office (some of them armed) arrived at my home on February 23, 2012, searched the premises, and confiscated two computers and documents relating to, among others, Joe Dunn, Thomas Girardi, Judy Johnson, Holly Fujie, Alec Chang of Skadden Arps, James Towery, and State Bar attorneys Mark Torres Gil, Lawrence Yee, and Rachel Grunberg, as well as material belonging to online publication The Leslie Brodie Report, and communications from the Internal Revenue Service relating to the complaint I had filed against Joe Dunn and Voice of OC.

My understanding is that members of the 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 with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

Incidentally, I was informed by friendly sources many months ago that if choose to expose corruption concerning Joe Dunn and Thomas Girardi via these complaints, they will try to frame me by various means similar to the ones used against Erin Baldwin. At that time, my reaction was complete skepticism of Erin Baldwin and her story because I could not imagine that such conduct could occur in our country. It appears that I may have been naive.

Consequently, please note the motion to re-open the In Re Girardi matter will be delayed.

Thank you for your time.

 

Addendum to Howard Dickstein / Dave Rosenberg Re Cabal Seeks to Crucify Rabbi of Yolo Who Exposed Corruption Re: Fogel vs. Farmers Ninth Circuit’s In Re Girardi Geoffrey Brown Jeannine English CaliforniaALL Joe Dunn Voice of OC CCPF Sarah Granda

Addendum to Howard Dickstein / Dave Rosenberg  Ties In Re Seeking to Crucify Rabbi of Yolo County Who Exposed Corruption Re: Fogel vs. Farmers, Ninth Circuit’s In Re Girardi, Jeannine English, CaliforniaALL, Joe Dunn, Voice of OC, CCPF, UC Davis’s Sarah Granda)

Articles Re Yoloan Rabbi (“YR”)  exposing corruption:

Jeannine English,spouse of Howard Dickstein, who serves as “public member” of State Bar of California Board of Governors primarily to ensure that Howard Dickstein will not be disciplined by the agency, please see @

http://lesliebrodie.blog.co.uk/2011/07/12/state-bar-of-california-board-of-go…

AND

http://lesliebrodie.blog.co.uk/2011/06/14/state-bar-of-california-board-of-go…

——————————————————————————————————————————-

State Bar of California mishandling of Ninth Circuit disciplinary matter of In Re Girardi, please see@:

http://lesliebrodie.blog.co.uk/2012/03/29/arnold-porter-s-douglas-winthrop-in…

———————————————————————————————————————————-

Fogel vs. Farmers Group, Inc, please see @

http://lesliebrodie.blog.co.uk/2011/04/05/ethics-complaint-filed-with-califor…

AND @

http://lesliebrodie.blog.co.uk/2011/11/08/fogel-vs-farmers-group-settlement-i…

AND @

http://lesliebrodie.blog.co.uk/2011/10/25/austin-texas-based-joe-longley-info…

AND @:

http://lesliebrodie.blog.co.uk/2011/08/17/objection-to-class-action-settlemen…

————————————————————————————————————————————

State Bar of California executive director Joe Dunn of  Voice of OC, CaliforniaALL, Geoffrey Brown,  in the myusterious trtansfer of 780,000 from Cal Bar Foundation, please see @:

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

——————————————————————————————————————————-

CCPF, Judy Johnson and Geoffrey Brown, please see @:

http://lesliebrodie.blog.co.uk/2012/01/02/california-consumer-protection-foun…

——————————————————————————————————————————-

UC davis law student Sarah Granda, please see @:

http://lesliebrodie.blog.co.uk/2011/06/01/californiaall-part-13-c-ethics-comp…

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

 

Summary, please see @:

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

Howard Dickstein (Corrupted Gambling Esq) Dave Rosenberg (Yolo County Judge) Ties Runs Deep : Rosenberg Ally of Dickstein (Note:Cabal Seeks to Crucify Rabbi of Yolo who Exposed Dickstein, In Re Girardi, Dunn, English,CCPF,CaliforniaALL,Geoffrey Brown)

The San Diego Union – Tribune – Jul 26, 2003

“She will step into the role that David Rosenberg has played as the governor’s point … at least one Rosenberg ally, prominent tribal attorney Howard Dickstein. ”

Correction: Yolo County Superior Court Judge Dave Rosenberg / Yolo County Superior Court Judge Dan Maguire / Yolo County Deputy District Attorney Clinton Parish

In TLR’s recently published article concering Yolo County Judge Dave Rosenberg inappropriate conduct (see http://tinyurl.com/cbx26cb ), we erroneously stated  “Judge Rosenberg also promised to retaliate against Parish and issued a thinly veiled threat against him. This sort of phlegm tends to backfire. It flies back in the face of the expectorant.”

In fact, what we should have written is  “Judge Rosenberg also promised to retaliate against Parish by issuing a thinly veiled threat against him, to wit: This sort of phlegm tends to backfire. It flies back in the face of the expectorant.”

 

Clint Parish — Yolo County Deputy District Attorney — Hereby Asked to Opine On Presiding Judge Dave Rosenberg Inappropriate Role As Political Advocate of Yolo County Superior Court Judge Dan Maguire

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, Mr. Clint Parish — Yolo County Deputy District Attorney — is hereby being  asked to opine whether Yolo County Presiding Judge Dave Rosenberg highly inappropriate role as spokesperson/political advocate of Yolo County Superior Court Judge Dan Maguire — may be in violation of California’s  Cannon of Judicial Ethics

Specifically, in response to a recent controversy concerning a mailer sent by the Clint Parish’s campaign which sought to portray Judge Maguire as Arnold Schwarzenegger “bagman,” and being part of Schwarzenegger’s “inner circle” which recommended the release of convicted murderer Esteban Nunez, the son of former Assembly Speaker Fabian Nunez — 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 to only “endorse” candidates for judicial office.

Specifically, and consistent with his new role, Judge Rosenberg 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 to retaliate against Parish and issued a thinly veiled threat against him. “This sort of phlegm tends to backfire. It flies back in the face of the expectorant,” Rosenberg stated.

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

Any comments,opinion or observation can be sent to lesliebrodie@gmx.com

Yoloan Judge Rosenberg: “This sort of phlegm tends to backfire” (Note: Part of CJC, as is Angela Davis, Joe Dunn’s Mark Robinson, CCJ Tani Cantil – Sakayue; Confederate of Dickstein; Ample Motive to Retaliate Agaist YR ; Do-Gooder MO Similar to Bet Tzedek

 Yolo County Deputy District Attorney Clinton Parish , running for Yolo Superior Court judge against incumbent Judge Dan Maguire, called Prieto’s reversal “unfortunate” and suggested the sheriff withdrew his endorsement under pressure from the Yolo bench.

The Parish mailer also prompted strong reaction from Dave Rosenberg, Yolo County’s presiding Superior Court judge.

“This sort of phlegm tends to backfire. It flies back in the face of the expectorant,” Rosenberg said. “It’s beneath the dignity of a candidate for judge.”

Prieto’s defection is a potentially damaging blow for Parish, a criminal prosecutor in the Yolo County District Attorney’s Office.

Parish has portrayed himself as the law-and-order candidate in the race for the bench, receiving endorsements from victims groups, Yolo County District Attorney Jeff Reisig and the police officer associations of West Sacramento, Woodland and Winters.

Please see entire story @:

http://www.sacbee.com/2012/05/16/4492885/candidates-mailer-in-yolo-judges.htm…

2002 – Dave Rosenberg / Howard Dickstein Connection Runs Deep, Part 2 (TLR Note: 1- Both highly defiant in favor of casino 2- Both children of Holocaust survivors who want to do good, and are doing very well, indeed.)

 2002 – Dave Rosenberg / Howard Dickstein Connection Runs Deep, Part 2 (TLR Note: 1- Both highly defiant in favor of casino 2- Both children of Holocaust survivors who wanted to do good, and are doing very well, indeed.)  

Radolfi has been farming leased land in Esparto, at the valley’s mouth, and planned to put his roots down. He likes the way the farmers look out for each other, share equipment and help get produce to market. He’d picked out some prime acreage to buy in Brooks — but backed out of the deal last month and moved south, near Winters.

“I am looking to settle down, and it was going to be there, but (now) it’s not,” he said. He blamed the casino, saying, “We call it the tumor.”

“It’s a tough thing. I’ve always supported indigenous tribes . . . . But I don’t think it should be taken to the point where it affects the area around you so drastically. There has to be some balance,” Radolfi said.

Balance? Tribal attorney Howard Dickstein of Sacramento has a scathing response, pointing out that native tribes arrived in the Capay Valley 4,000 years before the farmers.

UNHAPPY ‘REFUGEES’

The protesters, he said, are “newly arrived Bay Area refugees who have apparently chosen the Capay Valley for a pastoral existence and they’re unhappy that the original inhabitants are developing their portion of the valley so they can achieve their objectives — which are not retirement to a pastoral community — but to achieve economic self-sufficiency……

 

“They are a sovereign nation under federal law. It’s like Luxembourg in the middle of Yolo County,” said Dave Rosenberg, head of the county Board of Supervisors. “They pretty much can do what they want on their land.

“The irony is, the tribes now have this great wealth and opportunity, but that great wealth and opportunity has to be exercised on the reservation,” he said. “You’ve got this natural clash between this sudden urbanization that is an island in rural America.

“It’s something being replicated all over the country.”

WITH WEALTH CAME CLOUT

Gambling profits have made tribes huge land owners. Besides its Capay Valley holdings, the Rumsey tribe has bought valuable waterfront property in West Sacramento and a Ford dealership in Texas and is the biggest owner of Illinois state office buildings in Springfield.

Their wealth also has bought political clout. Tribes are the biggest contributors to Democratic officeholders in the state.

 

Source @:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2002/06/14/MN137712.DTL&ao=all

David Rosenberg — Judge, Yolo County Superior Court / Howard Dickstein Connection Runs Deep (TLR Note: Presently, sufficient prima facie evidence to allege Rosenberg part/aware of unlawful fishing expedition, confiscation of IRS documents, etc)

David Rosenberg — Judge, Yolo County Superior Court / Howard Dickstein Connection Runs Deep (TLR Note: Presently, sufficient prima facie evidence to allege Rosenberg part/aware of unlawful fishing expedition, confiscation of IRS documents, etc)

“The governor thinks he can raise more revenue” from Indian casinos, “so you’d think there would be some urgency,” said Howard Dickstein, who represents seven tribes negotiating with the Davis administration. “I detect no urgency.”

The talks also may illustrate how the signature-gathering campaign to recall the governor is affecting his actions. Some tribal officials and political observers suggest that he has been inhibited in the negotiations over the state’s compacts with the Indians by fears that alienating the wealthy tribes could prompt them to help fund the recall effort.

Administration officials say the recall attempt has nothing to do with what they describe as the deliberately slow pace of the discussions. The governor’s negotiating team has been meeting not only with tribes, but also with local government officials, citizen groups, legislators, law enforcement, unions and other interested parties, said David Rosenberg, Davis’ senior advisor on Indian gambling.

“We resolved early on that we would subject ourselves to the criticism that now we’re moving too slow,” Rosenberg said. “It’s more important to the governor that the product be a quality product rather than a quick product.”

With California facing a record budget shortfall at a time when the state’s Indian casinos are raking in billions of dollars a year, Davis raised hopes in January of a significant infusion of new money when he announced plans to renegotiate gambling agreements with dozens of tribes. The aim, he said, was to convince the tribes to share an additional $1.5 billion a year with the state and to address local concerns over the environmental impact of Indian casinos.

Under federal law, the tribes are not required to pay state or federal taxes, and the 1999 agreement with the state that regulates Indian gambling provides for no direct payments to the California treasury. Davis administration officials now acknowledge that they erred in not demanding more when they negotiated the agreement, which gives the tribes a monopoly on casino-style gambling in the state. The current talks were intended to correct that.

More than two dozen tribes say they are willing to meet the governor’s demands, adding that they have made specific proposals for how to do so while allowing a modest expansion of Indian gambling. But after nearly three months of negotiations, Davis hasn’t responded to their offers or made a counter-proposal, they say.

Some tribal representatives say the governor seems to have put the talks on the back burner while he concentrates on fighting the ouster effort. With some affluent tribes criticizing the governor’s quest for more casino revenue and openly considering whether to support the recall attempt, his approach to the negotiations is understandable, political analysts said.

“Davis has to be even more careful in dealing with the tribes than under normal circumstances,” said Dan Schnur, a Republican consultant who was communications director for then-Gov. Pete Wilson during the 1990s. “One bad move and he’s going to see Morongo or some other tribe putting $1 million into the recall.”

Rep. Darrell Issa (R-Vista), a gubernatorial hopeful who has become the recall’s main financial backer, has sought the support of tribes for the campaign against Davis.

 

See source @:

http://articles.latimes.com/2003/jun/15/local/me-indians15

Profile of David Rosenberg, Presiding Judge of the Yolo County Superior Court – Part 2 (TLR Note: Notice Peculiar Return to Europe Despite Holocaust; Part of There is No Business Like Shoah Business Crowd ? )

He was born in 1946 in a village in Bavaria, the son of Jewish Holocaust survivors, who immigrated to the United States in 1949, and became U.S. Citizens in 1954. Rosenberg and his family returned to Europe in 1958 where he attended Junior High School and High School, and he returned to the United States to attend College in 1964.

Source :

http://daviswiki.org/David_Rosenberg

 

He was born in 1946 in Muenchberg, Bavaria, Germany, the son of Polish Holocaust survivors Fay and Harry Rosenberg.  In 1949 Fay and Harry and their son, David, booked passage on a boat and made their way to Ellis Island, New York City.  For the next nine years the small family lived in New York City, a tiny farm in rural New Jersey and in Atlantic City and became naturalized citizens of  the United States.  The family then moved back to Munich, Germany, where Fay and Harry sued the German Government for reparations, and David attended Junior High School and High School.

 

Source:

http://www.daverosenberg.net/bio.html

 

Biography of Yolo County Judge David Rosenberg (TLR Note: Notice Events Re Howard Dickstein, Cache Creek Casino; Confederate of Tani Cantil-Sakayuye Who’s Friend Ruthe Catolico Ashley Part of CaliforniaALL Financial Scheme; Presumed Legally Hostile to YR)

Biography of Yolo County Judge David Rosenberg (TLR Note: Notice Events Re Howard Dickstein, Cache Creek Casino; Confederate of Tani Cantil-Sakayuye Who’s Friend Ruthe Catolico Ashley Part of CaliforniaALL Financial Scheme; Presumed Legally Hostile to YR; May Have Participated in Planning of Unlawful Home Invasion/ Fishing Expadition Against YR Who Exposed Howard Dickstein, Jeannine English, Ruthe Ashely, Geoffrey Brown, Joe Dunn, Voice of OC, In Re Girardi ) 

David Rosenberg served as a Senior Advisor to two California Governors: Jerry Brown and Gray Davis. For Jerry Brown he served as Deputy Appointments Secretary, helping the Governor appoint an unprecedented number of women and minorities to state government positions. He also served Jerry Brown as Deputy Executive Secretary and Chief of Staff. For Gray Davis he served as Director of Community and Intergovernmental Relations and as Director of Operations for the Governor’s Office. In these roles he negotiated with Indian Tribes, was the liaison with city and county governments throughout California, headed up the Governor’s community relations effort and supervised the Governor’s field offices, and made sure the Governor’s staff coordinated with each other. He has served as Chairman of the California State Lottery Commission, Chairman of the California Law Revision Commission, and as Chairman of the California Victim Compensation and Government Claims Board (the former “Board of Control.”). Additionally, Rosenberg served as the Ethics Officer for the Governor’s Office.

In 2003, he was appointed a Judge of the Yolo Superior Court, where he currently serves as a trial judge with a full felony criminal assignment, including felony jury trials. By early 2010, Judge Rosenberg has presided over 80 felony jury trials in the Yolo Superior Court. Judge Rosenberg has handled civil, family, and juvenile matters for the Court as well. In addition, Judge Rosenberg serves on the Appellate Division of the Superior Court. He also has taught other Judges at the California Judges College. A noted expert on parliamentary procedure, Judge Rosenberg has taught Mayors, Council members, County Supervisors and Clerks parliamentary procedure and has published “Rosenberg’s Rules of Order” which has been adopted by a number of California jurisdictions to govern the conduct of their meetings.

In 2007 Judge Rosenberg was elected Presiding Judge of the Yolo Superior Court by the other Judges of the Court for a two-year term in 2008-09, and then in 2009 was re-elected by the Judges to serve a second term as Presiding Judge of the Court for 2010-11. He was also elected (by other Presiding Judges throughout California) as a member of the Executive Committee of the Trial Court Presiding Judges Advisory Committee, representing medium-size Courts. He is leading the effort to build a new Courthouse for Yolo County, and such a new Courthouse is planned to be constructed by 2012-13.

 

See source @:

http://daviswiki.org/David_Rosenberg

 

 

 

 

Breaking ….. Cache Creek Casino — Under the Tight Control of Howard Dickstein — Funnels Millions to Yolo County District Attorney (TLR Note: See Below)

During the investigation, tribal representatives refused to participate in the process or respond to the grand jury’s findings, citing their status as “a sovereign governmental entity that is immune to the jurisdiction and process of state and local authorities.”

Representatives from the Yocha Dehe tribe also refused to provide up-to-date membership figures when requested for this story, but the grand jury report estimated adult membership at fewer than 25 people.

While tribal casinos present challenges to rural counties, some believe their value as an economic engine can’t be denied.

Steve Smith, the human resources director for the Dry Creek Rancheria Band of Pomo Indians — the Sonoma tribe operating River Rock —said that the casino employs roughly 600 people, making it one of the top 20 employers in the county.

Cache Creek employs more than 2,300 people, said Mike Traum, the casino’s communications manager. The figure makes the casino the second largest employer in Yolo County, behind only the University of California, Davis.

Noting the effects that such large-scale gaming operations can have on rural areas, the tribes operating  Cache Creek and River Rock have entered into intergovernmental agreements with Yolo and Sonoma counties, respectively.
Both agreements resulted in multimillion-dollar windfalls of mitigation payments for the two counties.

In Yolo County, the Yocha Dehe tribe has shelled out more than $32 million in mitigation between 2002 and 2010, with healthy portions going toward the sheriff’s department and the district attorney’s office.

 

Please see source:

http://www.standupca.org/tribes/Rumsey%20Rancheria/rural-indian-casinos-bring…

 

TLR Note:

Howard Dickstein — a Sacramento-based Indian gambling attorney is highly corrupted, greedy at the extreme, and has been compared by many to Jack Abramoff. 

Dickstein two main clients are Cache Creek Casino / Yocha Dehe Wintun Nation located in Yolo County, and Thunder Valley Casino/ United Auburn Indian Community located in Placer County.

Only recently, Arizona Senator John McCain has called for an investigation concerting Dickstein ‘s alleged unlawful business practices.  Similarly, Madame Jessica Tavares — former chair of  United Auburn Indian Community which owns Thunder Valley Casino — accused Dickstein of duping the tribe into paying his firm $26 million in fees over six years. 

Previously, the Rumsey Band of Wintun Indians which owns Cache Creek Casino had sued Dickstein.  The lawsuit ( http://tinyurl.com/cs77wqm) alleged “Greed & Betrayal” vis-via causes of actions for:

(1) BREACH OF CONTRACT
(2) BREACH OF CONTRACT
(3) NEGLIGENCE
(4) BREACH OF FIDUCIARY DUTY
(5) AIDING AND ABETTING AND PARTICIPATING IN BREACHES OF FIDUCIARY DUTY
(6) FRAUD/CONCEALMENT
(7) CONSTRUCTIVE FRAUD
(8) NEGLIGENT MISREPRESENTATION
(9) CONVERSION
(10) VIOLATION OF BUSINESS & PROFESSIONS CODE SECTION 17200
(11) UNJUST ENRICHMENT
(12) DECLARATORY RELIEF
(13) NEGLIGENCE
(14) CIVIL CONSPIRACY

While the above mentioned suit was being litigated,  not surprisingly, wholly separate allegations of grave misconduct were leveled against Howard Dickstein, as well as against the firm which represented him — Keker & Van Nest. 

Specifically, attorneys from the law offices of Sonnenschein Nath & Rosenthal, Cotchett Pitre & McCarthy,  and ethics expert Michael Boli alleged that Howard Dickstein and/or Keker & Van Nest manufactured evidence, and engaged in myriad violations of professional ethics.  See @:    http://tinyurl.com/bom2va2

Shockingly, Sonnenschein Nath & Rosenthal, Cotchett Pitre & McCarthy,  and ethics expert Michael Boli  did not allege that Howard Dickstein and/or Keker & Van Nest engaged in extortion/attempted extortion or otherwise violated ethics rules which prohibit — even indirectly —  the threat of criminal prosecution for the purpose of gaining an advantage over an adversary in a civil dispute,  in reply to false allegations advanced to the court by Howard Dickstein and/or Keker & Van Nest that the plaintiffs (the clients of Sonnenschein Nath & Rosenthal, Cotchett Pitre & McCarthy and ethics expert Michael Boli ) had “clearly committed a felony.”

Subsequent to the conclusion of the litigation, and in order to conceal the fraudulent and egregious misconduct perpetrated by Dickstein against his client — the Rumsey Band of Wintun Indians — Dickstein had conspired with Keker & Van Nest to mislead the public into believing that the plaintiffs had only alleged that he was “negligent.”   See @   http://tinyurl.com/cp989dq

Dickstein is married to one Jeannine English — a lobbyist from Sacramento who serves as “Public Member” of the State Bar of California Board of Governors/Trustees.  Jeannine English, not surprisingly, is as greedy and corrupt as Dickstein, and then some. 

She is a former member of the California’s  “Little Hoover Commission” (as is State Bar of California “Public Member” Gwen Moore of Shrimpscam. )  

Interestingly, while Jeannine English was part of the Little Hoover Commission, Howard Dickstein was appointed to purvey legal services to the commission.  Conversely, Dickstein  had arranged that his client — the Rumsey Band of Wintun Indians — would hire his wife Jeannine English to act as “Lobbyist” for the tribe.

Jeannine English was positioned as BOG “Public Member” to primarily ensure that her husband Howard Dickstein will not be disciplined by the State Bar of California, despite the well documented trail of fraudulent and egregious misconduct he had perpetrated against several  of his clients.  This had the net benefit of unjustly enriching  both  herself and her husband at the expense of Dickstein ‘s client, the People of the State of California, and the fair administration of justice. 

Further seeking to escape justice and in order to apiece other law enforcement agencies, Dickstein also arranges for huge sums of money to be donated to Jerry Brown, California attorney general Kamala Harris,  and other California Democratic Operatives from the coffers of his clients.  See example @    http://tinyurl.com/cftq5ye

Incidentally, Gwen Moore of Shrimpscam (as is  “Public Member” Dennis Mangers – also a California Democratic Party operative)  primary goal as BOG public members is also  to ensure that certain law firms such Girardi & Keese, Engstrom Lispcmomb & Lack, Cotche Pitre & McCarthy, Kreindler & Kreindler, Morrison & Foerster, Skadden Arps, Kerr & Wagstaffe, Howard Dickstein of Dickstein & Zerbi, and many others known as “State Bar Royalty” are not disciplined by the State Bar.  For example, Gwen Moore, Jeannine English, Alec Chang, Jon Streeter , Starr Babcock, Robert Hawley, Joe Dunn, and others are part of an ongoing highly unlawful conspiracy to obstruct justice in the matter of In Re Girardi.

 In consideration of allowing to operate with impunity by the state Bar of California , those  law firms contribute handsomely to members of the California Democratic Party vis-vis political donations and /or class-actions Cy Pres award and/or diversity money — either directly or indirectly. 

Moore is also involved in various other adventures which mainly consist of  “leaning” on the CPUC/Utility companies for the purpose of extracting money under the guise of Diversity pursuant to General Order 156.  According to sources close to YR,  General Order 156 is nullity given the passage of Proposition 209.  Consequently, those sources maintain,  a declaratory judgement action will soon be filed in the Sacramento Superior Court seeking to declare General Order 156 null and void.

In furtherance of the above mentioned unlawful activities, and in order to compensate for the lack of discipline imposed on State Bar Royalty; sources familiar with the situation maintain a policy was put in place by Judy Johnson, Jeannine English, Thomas Girardi, Robert Hawley, Howard Dickstein, Alec Chang, Starr Babcock, Howard Miller, Holly Fujie and others — on their behalf and on behalf of others — to frame innocent lawyers and/or impose unusually harsh discipline even for minor violations. 

For example, on one hand, Walter Lack and Pierce O’Donnell — who despite a well documented trail of repeated acts of misconduct — have no or  very little displined imposed by the State Bar of California, respectively.   On the other hand , Phil Kay , Ron Gottschalk, Dan Dydzak , and many other were treated unjustly, and in accordance with said policy.

 

 

 

 

 

2008 – Article Re Controversial Yolo County Superior Court Judge Timothy Fall (TLR Note:1-Judge Fall One Who Signed No PC Search Warrant Re: Sarah Granda Parties,Joe Dunn, Babcock,Hawley,and others; Subsequently, Derelict in Ensuring Compliance with Scope

In the Sacramento Bee on Tuesday morning, Deputy District Attorney James Walker actually started taking shots at Judge Fall.

“Walker claims that for years, Fall has been known as a judge who humiliates lawyers, jurors and witnesses in his courtroom and abuses his judicial authority.

“He has a history of berating attorneys for not being prepared or on time,” Walker said.

Most lawyers won’t criticize a judge openly because they fear retaliation, Walker said.

“But if people told the truth, they would tell you what a terrible judge he is,” the prosecutor contended.”

James Walker continues:

“Walker said he set his sights on Fall’s seat after the judge ruled against him in a murder trial, leading to a manslaughter conviction and a lighter sentence for a West Sacramento shotgun killer.

“That’s when I decided I was going to run against him,” Walker said.”

James Walker argues that it is the fact that Judge Fall hands down “light sentences” that has him seeking his spot on the bench.

Judge Fall has for the most part tried to avoid the mudslingling and has run on his record for the most part.

“Fall, meanwhile, said he’s appalled at Walker’s mudslinging and is unwilling to trade insults because of his judicial office.

Instead, Fall said, he has tried to run on his record.”

He did respond to Mr. Walker’s charges of leniency in the murder trial:

“As for the ruling against Walker in the murder case, Fall said he threw out the confession of the young defendant because it had serious problems, as an appellate court had noted in a previous ruling.

“If Mr. Walker disagreed with me, he could have taken me up on appeal,” Fall said. “He didn’t. The fact that he let my ruling stand without challenging it says a lot about who was right and who was wrong in that case.”

The race for Judge has been surprisingly interesting. Both men are Republicans. However, Tim fall seems to be more moderate than James Walker. Walker is a product of the Yolo County District Attorney’s Office and a career prosecutor. Tim Fall went to King Hall at UC Davis for law school while James Walker went to McGeorge law.

It is also interesting to see Judge Fall in pictures with fellow Judge Dave Rosenberg. You just do not see Judge’s in campaign brochures very often. This race bares watching as it heads into the final days.

 

 

Source, please see @:

 

http://davisvanguard.org/index.php?option=com_content&view=article&id…:yolo-county-judge-race-gets-down-and-dirty&catid=86:elections&Itemid=96

Viewpoint: Judge Dave Rosenberg Tells The Truth About the Judicial Council

March 5, 2008 ORDER OF U.S. DISTRICT COURT IN RUMSEY INDIAN RANCHERIA OF WINTUN INDIANS OF CALIFORNIA vs. HOWARD DICKSTEIN

March 5, 2008

 

RUMSEY INDIAN RANCHERIA OF WINTUN INDIANS OF CALIFORNIA; RUMSEY GOVERNMENT PROPERTY FUND I, LLC; RUMSEY DEVELOPMENT CORPORATION; RUMSEY TRIBAL DEVELOPMENT CORPORATION; RUMSEY MANAGEMENT GROUP; AND RUMSEY AUTOMOTIVE GROUP, PLAINTIFFS,
v.


HOWARD DICKSTEIN; JANE G. ZERBI; DICKSTEIN & ZERBI; DICKSTEIN & MERIN; ARLEN OPPER; OPPER DEVELOPMENT, LLC; METRO V PROPERTY MANAGEMENT COMPANY; CAPITAL CASINO PARTNERS I; MARK FRIEDMAN; FULCRUM MANAGEMENT GROUP, LLC; FULCRUM FRIEDMAN MANAGEMENT GROUP, LLC, DBA FULCRUM MANAGEMENT GROUP, LLC; ILLINOIS PROPERTY FUND I CORPORATION; ILLINOIS PROPERTY FUND II CORPORATION; ILLINIOS PROPERTY FUND III CORPORATION; 4330 WATT AVENUE, LLC; AND DOES 1-100, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

Plaintiffs move to remand this action to state court. Defendants Howard Dickstein, Jane G. Zerbi, Distein & Zerbi and Dickstein & Merin (“Defendants”) oppose the motion. Oral arguments on the motion were heard February 11, 2008. For the reasons stated, Plaintiffs’ motion is granted and the case is remanded to state court.

BACKGROUND

Plaintiffs filed this action in Superior Court of the State of California in the County of Yolo on October 9, 2007. Plaintiff Rumsey Band of Wintun Indians (“the Tribe”) is a sovereign Indian tribe who owns the Cache Creek Casino Resort. (Compl. ¶¶ 1, 3(b).) Defendant Howard Dickstein (“Dickstein”) is the Tribe’s former attorney and Defendant Arlen Opper (“Opper”) is the Tribe’s former financial advisor. (Id. ¶ 2.) Plaintiffs allege that Opper and Dickstein “repeatedly involved the Tribe in complicated investments or transactions in which the business terms were more favorable to others than they were to the Tribe. Many such deals were fraught with self-dealing and conflicts of interest they failed to disclose.” (Id. ¶ 2.) Plaintiffs further allege that Opper collected fees for purportedly managing Tribal assets, without actually managing them[, and] Opper’s entire method and structure of compensation was an artifice created [by Opper and Dickstein] to avoid regulatory oversight of Opper’s management of an Indian-owned gaming facility, which was illegal without the prior approval of the National Indian Gaming Commission.

(Id. ¶ 7.) Plaintiffs’ Complaint comprises fourteen state law claims including breach of contract, breach of fiduciary duty, unjust enrichment and violation of the California Business and Professions Code Section 17200. (Id. at 34:21, 36:11, 40:13, 50:14, 52:2.)

On November 8, 2007, Defendants removed the action to this Court under 28 U.S.C. §§ 1441 and 1446, arguing that federal question jurisdiction exists because the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701-2721, completely preempts Plaintiffs’ state law claims and because Plaintiffs’ claims raise substantial questions of federal law. (Notice of Removal ¶¶ 1, 2, 10.)

Congress passed the Indian Gaming Regulatory Act (“IGRA”) “to provide a statutory basis for the operation and regulation of gaming by Indian tribes.” Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 48 (1996). IGRA established the National Indian Gaming Commission (“NIGC”) to oversee gaming activities on tribal lands. 25 U.S.C. §§ 2704, 2706. IGRA permits tribes to enter into management contracts for the operation and management of their gaming facilities subject to the NIGC’s approval, which includes ensuring that the contracts provide minimum protection for the tribes. Id. § 2711. The NIGC also has the authority to hold a hearing and void any management contract that violates IGRA. Id. § 2711(f). NIGC regulations further establish that any management contract that is not approved by the NIGC is void. 25 C.F.R. § 533. Decisions by the NIGC are final agency actions for purposes of the Administrative Procedures Act and are appealable to a federal district court. 25 U.S.C. § 2714.

REMOVAL STANDARDS

“[A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by [] the defendants, to the district court [] for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441(a). The removal statute is strictly construed against removal jurisdiction, see Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992), and the party seeking removal “has the burden of establishing that removal [is] proper.” Duncan v. Stuetzle, 76 F.3d 1480, 1485 (9th Cir. 1996). There is a “‘strong presumption’ against removal” with “any doubt” resolved in favor of remand. Gaus, 980 F.2d at 566.

Defendants’ removal is premised on allegations that federal question jurisdiction exists. To sustain removal on this basis, “a defendant [must establish] Plaintiff’s case ‘arises under’ federal law.” Franchise Tax Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 10 (1983). “The presence or absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint rule,’ which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiff’s properly pleaded complaint . . . .” Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). “As the master of the complaint, a plaintiff may defeat removal by choosing not to plead independent federal claims.” ARCO Envtl. Remediation, L.L.C., v. Dep’t of Health & Envtl. Quality, 213 F.3d 1108, 1114 (9th Cir. 2000) (citing Caterpillar Inc., 482 U.S. at 399). However, “the artful pleading doctrine is a useful procedural sieve to detect traces of federal subject matter jurisdiction in a particular case,” through a determination of whether Plaintiffs have “artfully phrased a federal claim by dressing it in state law attire.” Lippitt v. Raymond James Fin. Servs., Inc., 340 F.3d 1033, 1042 (9th Cir. 2003). Even where the complaint does not indicate on its face that a case “arises under” federal law, jurisdiction may lie if “Congress . . . so completely pre-empt[s] a particular area that any civil complaint raising [Plaintiffs’] select group of claims is necessarily federal in character,” Metro. Life Ins. Co. v. Taylor, 481 U.S. 58, 63-64 (1987), or when the claims “turn on substantial questions of federal law.” Grable & Sons Metal Prods. Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 312 (2005).

ANALYSIS

I. Complete Preemption

Defendants argue that “IGRA provides a textbook example of an exclusive federal regulatory regime, sufficient to convert state claims, such as those advanced by the Tribe, into federal claims.” (Opp’n at 4:26-5:7 (citing Great W. Casinos, Inc. v. Morango Band of Mission Indians, 74 Cal. App. 4th 1407, 1428 (1999); Gaming Corp. of Am. v. Dorsey & Whitney, 88 F.3d 536, 543 (8th Cir. 1996)).) Defendants argue evidence of this exclusive federal regime is IGRA’s creation of the NIGC to monitor and investigate tribal gaming activity . . . . The NIGC Chairman is responsible for approving all Indian gaming management contracts pursuant to federal guidelines . . . . If the Chairman fails to act in a timely manner or a tribe wishes to appeal the Chairman’s decision, IGRA specifies the United States District Courts as the exclusive jurisdiction for relief.

(Opp’n at 5:17-22 (citing 25 U.S.C. §§ 2706, 2711, 2711(d), 2714).) Defendants argue Plaintiffs’ claims fall within the preemptive scope of IGRA because

 

 

Removal is proper under the complete preemption doctrine when “the federal statute[] at issue provide[s] the exclusive cause of action for the claim asserted and also set[s] forth procedures and remedies governing that cause of action.” Beneficial Nat’l Bank v. Anderson, 539 U.S. 1, 8 (2003). “Complete preemption is rare.” ARCO Envtl. Remediation, 213 F.3d at 1115.

Defendants argue Plaintiffs’ claims are completely preempted by IGRA since they are based on an alleged management contract that has not been approved by the NIGC. (Opp’n at 1:9-2:4.) Defendants assert that Plaintiffs “seek[] to have a state court invalidate [Opper’s consulting agreement] as an illegal contract under IGRA.” (Id. at 7:12-16.) However, Plaintiffs’ Complaint includes no such claim. Instead, the first and second claims are for breach of contract. (Compl. at 34:20-21, 36:10-12.) Similarly, Plaintiffs’ tenth cause of action for violation of California Business and Professions Code section 17200 (“section 17200”) alleges:

The Opper Defendants engaged in unfair, unlawful and/or fraudulent acts under [section 17200] by, inter alia, . . . (2) disguising illegal management of a gaming facility as management of the Tribe’s assets, and pursuant to that agreement, collecting as disguised “asset management” fees what were, in reality, casino management fees [and, therefore, t]he Tribe is entitled to restitution of all sums wrongfully held and/or obtained by [Defendants] as a result of the unlawful, unfair and fraudulent acts alleged above.

(Compl. ¶ 205.) Defendants argued at oral arguments that Plaintiffs’ prayer for restitution damages evinces that they are seeking to void the Opper agreement. “However, restitution is also available as a remedy to redress [state] statutory violations. And in a statutory action, rescission is not a prerequisite to granting restitution.” 1 B.E. Witkin, Summary of California Law (Contracts) § 1013 (10th ed. 2005) (citing a section 17200 action).

At this point it is unknown whether the Opper agreements at issue are unapproved management contracts and therefore are void. Even if the agreements are ultimately construed as void management contracts, they would be found to have never been valid contracts, and “only an attempt at forming . . . management contract[s]. If that is the case, then [Plaintiff’s] suit in no way interferes with the regulation of a management contract because none ever existed.” Gallegos v. San Juan Pueblo Bus. Dev. Bd., Inc., 955 F. Supp. 1348, 1350 (D.N.M. 1997).

Not every contract that is merely peripherally associated with tribal gaming is subject to IGRA’s constraints . . . . For instance, in [Calumet Gaming Group-Kan., Inc. v. Kickapoo Tribe of Kan., 987 F. Supp. 1321, 1325 (D. Kan. 1997)], the court found that a dispute arising from a consulting agreement was not subject to IGRA and, consequently, there was no need to interpret or apply IGRA to resolve the plaintiff’s state law claims for breach of that agreement.

Casino Res. Corp. v. Harrah’s Entm’t, Inc., 243 F.3d 435, 439 (8th Cir. 2001) (citations omitted).

However, claims “which would interfere with [Plaintiffs’] ability to govern gaming [] fall within the scope of IGRA’s preemption of state law” because “Congress unmistakably intended that tribes play a significant role in the regulation of gaming.”*fn1 Gaming Corp., 88 F.3d at 549-50.

Defendants argue that Plaintiffs’ claims interfere with the Tribe’s “ability to govern gaming” because to address Plaintiffs’ breach of fiduciary duties, breach of contract, and violation of section 17200 claims, “the Court must first decide whether Opper’s agreement is subject to NIGC review as a management contract [and t]he meaning of ‘management’ under IGRA implicates tribal control over gaming activity because it provides a standard for subjecting [tribal contracting] decisions to NIGC approval.” (Opp’n at 8:10-18.)

This argument concerns fact-bound questions regarding the nature of the agreements at issue, and whether they are void management contracts, but it does not establish that these determinations interfere with the Tribe’s ability to govern gaming. “Congressional intent is the touchstone of the complete preemption analysis.” Magee v. Exxon Corp., 135 F.3d 599, 601 (8th Cir. 1998). “It is a stretch to say that Congress intended to preempt state law when there is no valid management contract for a federal court to interpret, when [Plaintiffs’] broad discretion . . . is not impeded, and when there is no threat to [Plaintiffs’] sovereign immunity or interests.” Casino Res. Corp., 243 F.3d at 440; see also Confederated Tribes of Siletz Indians v. Oregon, 143 F.3d 481, 486 n.7 (9th Cir. 1998) (rejecting argument that IGRA entirely preempts a field including Oregon public records laws because “the application of [state public record laws] has no effect on the determination ‘of which gaming activities are allowed.'”) (citing S. Rep. No. 446, 100th Cong., 2d Sess. 6 (1988)).

Defendants also argue Mohawk Tribe supports their complete preemption position. In Mohawk Tribe, the Second Circuit held that it was without jurisdiction to issue “a declaration that the [] Contract is void for lack of contract approval by the Commission as required by IGRA” because the tribe failed to exhaust its administrative remedies. Mohawk Tribe, 451 F.3d at 50-51. In Mohawk Tribe, the Indian tribe filed a qui tam action seeking to void a contract under IGRA. But Plaintiffs’ claims do not seek to void the agreements. As Plaintiffs assert, Mohawk Tribe “is perhaps relevant to a defense on the merits as to whether a state (or federal) court can pass on the validity of a contract before NIGC has done so, but such provides no support for removal . . . .”*fn2 (Reply at 18:28-19:3.)

For the reasons stated, Defendants have not shown that IGRA completely preempts Plaintiffs’ claims.

II. Substantial Question of Federal Law

Defendants also contend that removal is appropriate because Plaintiffs’ “complaint presents a [substantial] question of federal law on which many of its claims depend: what does ‘management’ mean for purposes of applying IGRA?” (Opp’n at 11:19-20.) The gist of Defendants’ position follows:

By arguing that Opper’s agreement should be voided as an unapproved management contract, the Tribe necessarily raises a federal question that must be resolved before the Court can decide state law claims for breach of contract (Count 2), breach of fiduciary duties by Opper and Dickstein (Counts 4 and 5), and unjust enrichment by Opper (Count 11).

The Tribe cannot recover for breach of contract without demonstrating the existence of a valid contract. . . . Similarly, the fiduciary duties owed by Opper to the Tribe will vary depending upon the nature and legal force of their agreement . . . . Moreover, the availability of the Tribe’s requested relief for the fiduciary claims – disgorgement – will depend upon how the Court characterizes Opper’s agreement. . . . Finally, it is unclear that the Tribe can recover for unjust enrichment based upon a contract rendered illegal by the absence of NIGC approval. (Opp’n at 12:16-13:15 (citations omitted).) Plaintiffs reply that those claims do not allege or seek recovery for any IGRA violation and, therefore, do not raise illegality of the Opper agreement as an essential element.*fn3 (Reply at 15:1-18.)

Defendants argue “the [general allegations section of the] Complaint contains extensive allegations concerning Opper’s management of gaming activity” and since Plaintiffs’ state law claims incorporate all of the allegations into each cause of action, “the Tribe necessarily raises a federal question” as an element of their state law claims.*fn4 (Opp’n at 3:2-20, 12:16-18.) The Ninth Circuit rejected such an argument in Duncan v. “Footsie Wootsie Machine Rentals”, stating that the plaintiff’s incorporation by reference of a general allegation that she owned the trademark to “Footsie Wootsie” did not provide a basis for substantial federal question jurisdiction since the state law claim was not necessarily based on the misappropriation of the federal trademark. 76 F.3d 1480, 1488 n.11 (9th Cir. 1995).

Federal question removal jurisdiction exists where a state law claim “necessarily raise[s] a stated federal issue, actually disputed and substantial, which a federal forum may entertain without disturbing any congressionally approved balance of federal and state jurisdictional responsibilities.” Grable & Sons Metal Prods. Inc., 545 U.S. at 314. “When a claim can be supported by alternative and independent theories — one of which is a state law theory and one of which is a federal law theory — federal question jurisdiction does not attach because federal law is not a necessary element of the claim.” Rains v. Criterion Sys., Inc., 80 F.3d 339, 346 (9th Cir. 1996). “While [Defendants] may defend against the state law claims by arguing that [they fail because the agreements are void under the federal IGRA], this answer is a defense to [Plaintiffs’] claimed right, not an element of [Plaintiffs’] state law cause of action.” ARCO Envtl Remediation, 213 F.3d at 1116. Thus, the issue is whether Plaintiffs’ right to relief arises out of a necessary, substantial and “disputed issue of federal law,” Bennett v. Southwest Airlines Co., 484 F.3d 907, 909 (7th Cir. 2007); it is not enough that Plaintiffs’ right to relief could fail because of a Defendant’s defense based on federal law. “In the main, a claim ‘arises under’ the law that creates the cause of action.” Id. at 909.

The unjust enrichment claim against Opper can be supported simply by showing that he failed “to reimburse the Tribe for his personal use of aircraft in which the Tribe possessed rights of use.” (Compl. ¶ 211.) The obligation to reimburse the tribe appears to have arisen from tribal policies, completely independent from any contract that Opper made with the Tribe. “Pursuant to the Tribe’s policies, the Tribal Council permitted . . . Dickstein and Opper to use the NetJets aircraft for personal trips for 10 hours per year as long as they reimbursed the Tribe for half the trip’s hourly rate.” (Compl. ¶ 128.) Thus, the unjust enrichment claim can be supported by alternative and independent state law theories.

Nor has it been shown that Plaintiffs’ breach of contract, breach of fiduciary duties and unjust enrichment claims arise under a necessary federal question of IGRA law. Plaintiffs’ breach of contract claim arises out of state contractual rights. Similarly, Plaintiffs’ breach of fiduciary duties claims arise out of the duties Defendants owe the tribe as their lawyers, agents and managers, not out of any right created by federal law.*fn5 (Compl. ¶¶ 157, 165.) Therefore, Defendants have not shown that the substantial federal question doctrine supports removal jurisdiction.

CONCLUSION

For the reasons stated, Plaintiffs’ motion to remand is granted and the Clerk of the Court shall remand this action to the Yolo County Superior Court.

IT IS SO ORDERED.

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