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InnocentBorn

re: Discussions made in Judges Chambers btwn DA and PD not voiced in Court. Defendant right to privacy? Can DA share this?

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I have a pending criminal case in court that has been languishing for over 19 months now. I am out on bail, it was my first arrest ever in 52 years, and it is just now possibly going into preliminary hearing next month.

Here's my brief situation, followed by my question (it's real tricky..so please follow closely):
1) My Public Defender had some plea discussions in the Judges Chambers with the DA and these discussions were not brought up in any of the open court proceedings.
2) I found out that the President of the Board of Directors (who is also a lawyer) for the Non-Profit Co-Op that I am an original member of
a)
- contacted the Property Manager in retaliation to try and get some good cause to evict me(after I rightly spoke up at a board meeting and said he was an illegitimate Board Member due to the fact that he does not live on the Co-Op's site as he is suppose to to hold a directorship per the by-laws) and
b)she contacted their company's lawyer,
c)who then in turn contacted the DA in my criminal case; and related their discussion in an email (that was later published) to the Property Manager that said
d) " the DA told me that any plea deal would include the that "X" (my last name) would have to move out of "the name of the complex", but "X"'s PD said the he thought it unlikely that "X' would go for that kind of deal. The next preliminary hearing is in a couple of weeks and we should know then how the case will be going".
3rd and Final Fact: The Board voted in Jan 2011 to allow me to stay in my unit pending the outcome of my case, AND Directed the Property Management Company and Property Manager "to stay any further eviction proceedings until my case is over, and at that time they can check back with the Board to see if any further action will be necessary"

My Case is still ongoing and not over yet.

If the discussion in Chambers was never announced in any open court proceedings (and I was unaware of this particular discussion until I saw a copy of the lawyers email sent to the Property Manager that was published in the Boards Booklet for that month) then what is the rule regarding my right to privacy and the DA sharing private information (discussed between him and my PD in Chambers) with the Property Managers Company Lawyer, whom is under the directive above, but who went ahead and filed a court stamped eviction notice and had it - sent - and hand delivered to me - last weekend in retaliation for accusing the President of the Board of his illegitimacy, which I know to be factually true?

Is the DA allowed to discuss my case and plea deals that were only spoken about in Chambers with anyone he so chooses? Isn't this a violation to my Right to Privacy, and isn't this also a violation of some sort of Ethics Code with the Bar?
Could I also file a complaint with the BAR against the President of the Board - who is a lawyer - for initiating the property manager's lawyer to do an illegal contact and subsequent persecution directed at me to find out if there was a way to kick me out of my home because I dared to question his authority? Isn't this false persecution and retaliation against me some sort of Ethics Code violation that I can file a complaint with the BAR on?

I know, I know, WOW...what a messy and complicated case...it falls in so many grey areas that I'm unsure on what basis I can counteract these corrupt people and stop them from taking away my right to my unit that I've lived in for over 40 years. I have a telephone conference with a lawyer on this tomorrow, but wanted to see if I had grounds to move forward with a suit or suits to thold them accountable...can I?

Comments

  1. thorax232's Avatar
    Just one thing first: PPPHHHEEEEEEEEWWWWWWW

    Ok, first I want to explain the BAR. it stands for (no longer formally) British Accreditation Registry, while that isn't official anymore the codes and idea are the same. Anyone can practice common law, but only a BAR accredited lawyer can practice copyrighted UCC Law.
    Point is the BAR isn't something you can appeal to, they have their own rules.

    That being said you do have privacy rights to appeal to and a jury to appeal to. Backroom deals are not how law is supposed to be handled. You've got the e-mails to prove it is being done that way. You can talk about the eviction notice and privacy rights but I wouldn't recommend talking about any code of ethics.
    You're public defendant is going to hold you back they always do, you need to be on his heels pushing him to take the case in the direction you want and speak up yourself as much as possible.

    I could also give you more advice by knowing the case, what you're accused of why blah blah blah. But that's up to you. And I wish you luck!
  2. InnocentBorn's Avatar
    Hey Thor,
    I haer you on the PPPHHHEEEWWWW....what can I say, it's the story of my never relaxing to enjoy the sun life at the moment. Thank you so much for the positive comments and for justifying my "cause" as it were. And the info on the BAR was educational as well as inspirational to motivate me to move ahead on filing a complaint against the subletting farce of a President with them based only on the facts of the case. I'll leave all emotional sh*t out of that and save it for the lawsuit once I can find the right lawyer to take this winnable case
    on contingency and nail these corrupt loggerheads to the unethical wall they crawled out from under.
    I also felt I was in the right on the privacy issue, and thank you for qualifying that for me. There is so much complicated BS involved in this that it's a wonder anyone would even want to comment on this unfortunate true-to-life scenario that I find myself living under these days. And for doing so and giving me a little more "umph!" to move ahead on the next phase of what I need to do I want to tip my virtual hat to you and say again Thank you for the positive words that help me to refocus on the things I need to stay on top of. It is more appreciated than you can even imagine at this point. Sometimes being on an island in the middle of an ocean of sh*t you start to lose focus and get depressed over all the crap that these people are thrusting upon me just to see if I'll forget something so they can finally have there dream come true, and that is to finally be rid of me.
    But, as I believe in my heart that They are the wrong-doers, not me I can tell you the same thing I told the last maintenance foreman who began my quest for justice against the former, and now the newer property management company - and that is this : I was here long before they came on board here, and I'll be here long after they are gone. In my mind that is not faith, it's a fact...and now I just have to keep up the good fight and get these jerks replaced while I try to defend myself against their illegal court filings.
    And last Thor, I am so glad that in the few words you said on the Public Defender solidifies what I had already been made aware of by the lack of communications that come from Mr. Rosen. You are absolutely correct about needing to guide them and push them into doing the defense my way. I've already begun the process by instructing him to look up the privacy law issues connected to this case. His first comment about the email from JSCO's lawyers that decribed their conversation with the DA in my case he said " I don't know of any law that says the DA can';t share info derived from discussions spoken about in Chambers", and since he is my lawyer I told him to go to the library (or send an intern) and bone up on privacy issues as it relates to me and my case, and to find out if we have cause for a huge lawsuit based on malice aforethought since all of the entities in my case - The Pres of Board, the Property Manager Ms. Goodie, and The lawyers for The John Stewart Company were all well aware of the Board Vote in Jan. 2011 that gave me a free pass while my case is ongoing (copies in hand). Accordingly they all knew of this but yet they all went ahead and hurriedly filed these old copies of the quit notice with a 3 year old Occupancy Agreement that was signed back in 2009. All the wrong way to do a filing, so we submitted the items for correction which bides me more time and in effect is like pointing out to them that they ain't dealing with some ghetto housing bugger who don't know sh*t...They will get there's hopefully with punitive damages coming to teach them a lesson and to force them to change their corrupt and evil practices that have been going on for over a decade now. But I wont hold my breath or take any side bets on that...

    I'm still in need of a good litigation lawyer if you know anyone. I was suppose to have a "conference call" consultation today set up by the BAR for me, but the guy never answered the phgone at 11:30AM, so I waited 5 mins and called the BAR to have them get me another consultation, only this time make it one I do in person and nbot by phone. There's too many hard copies that need to be read and shown in what context that will ultimate lead to a valid lawsuit against my ongoing times 3 nemesis as shown above here. It's too much to follow over the phone. And I need someone familiar with the Calif legislation called "The Davis-Sterling ACT" which is the governing body over all HOA's and Non-Profit Cooperative's in the state. It's a huge body of work that spells out all the rights and responsibility for home ownership in these types of housing situations. It doesn't have to be a memorized ability to do what I'd like to see done, just a familiarity with the statue to show what they can and cannot do in my coopperative situation. Someone willing to take on the big corporation and not let books or famine or bribes get in the way of defending me and my whole wiorld against them and to win a groiund basing case for huge punitive damages....I can still dream, can't I?

    Thanks Mr Thorax, I'm refocused now and ready to win against the wrong side of Justice...
    Quote Originally Posted by thorax232
    Just one thing first: PPPHHHEEEEEEEEWWWWWWW

    Ok, first I want to explain the BAR. it stands for (no longer formally) British Accreditation Registry, while that isn't official anymore the codes and idea are the same. Anyone can practice common law, but only a BAR accredited lawyer can practice copyrighted UCC Law.
    Point is the BAR isn't something you can appeal to, they have their own rules.

    That being said you do have privacy rights to appeal to and a jury to appeal to. Backroom deals are not how law is supposed to be handled. You've got the e-mails to prove it is being done that way. You can talk about the eviction notice and privacy rights but I wouldn't recommend talking about any code of ethics.
    You're public defendant is going to hold you back they always do, you need to be on his heels pushing him to take the case in the direction you want and speak up yourself as much as possible.

    I could also give you more advice by knowing the case, what you're accused of why blah blah blah. But that's up to you. And I wish you luck!
  3. InnocentBorn's Avatar
    Update: With the help of the Eviction Coalition here in San Francisco I responded in time and with the proper forms, etc to the illegal Wrongful Detainer Summons that the plaintiff had 10 days to respond. They didn 't, and I thought I could breathe easier and concentrate on my criminal hearing scheduled for this coming Tusday, Sept 18th.
    But last week on 9/11 I received an express mail package from the plaintiff again, this time they filed a motion for Summary Judgement against me citing the police report and all its inaccuracies, and had the scheduled hearing for - you guessed it - this coming Tuesday Sept 18th. The first filing that went against the Board of Directors voted upon directive to stay any further eviction proceedings could have been explained away with a "Ofh, I'm so sorry, we just forgot" defense of their action and maybe, if brought before a judge with sympathy to landlords, could have been looked at as a simple "mistake".
    But this latest filing shows that they indeed are hounding me and harassing me against the wishes of our Board of Directors whose directive has not changed and is still in place.
    The Summary Judgement action I was told does not allow for a cross filing suit for damages. In fact they left off the whole aspect of the directive in their arguement that I have "no defense" against their motion.
    Again, with the helkp of the wonderful people at the Evicition Coalition in San Francisco I filed an opposition to their motion last Friday with hopes of either a delay or outright dismissal of action. I will find out on Monday (tomorrow) at 4pm when I call the message line of the court to hear what they've decided.
    I want to move forward with my own suit of harassment and wrongful persecution for retaliation motives, and am not sure where to go or whom I should be calling to find a lawyer who will take my case.
    Does anyone have any suggestions on where to go first besides the BAR lawyer referral service? The BAR has already tried and failed to find me a lawyer willing to see me face to face to look over my documentation of proof of the above mentioned reasons I want to file suit.
    So now where do I go? (I wish this would all go away, but I have to fight my way back to respectability in my community here and need help to do that properly)
  4. InnocentBorn's Avatar
    Update: With the help of the Eviction Coalition here in San Francisco I responded in time and with the proper forms, etc to the illegal Wrongful Detainer Summons that the plaintiff had 10 days to respond. They didn 't, and I thought I could breathe easier and concentrate on my criminal hearing scheduled for this coming Tuesday, Sept 18th.

    But last week on 9/11 I received an express mail package from the plaintiff again, this time they filed a motion for Summary Judgement against me citing the police report and all its inaccuracies, and had the scheduled hearing for - you guessed it - this coming Tuesday Sept 18th. The first filing that went against the Board of Directors voted upon directive to stay any further eviction proceedings could have been explained away with a "Oh, I'm so sorry, we just forgot" defense of their action and maybe, if brought before a judge with sympathy to landlords, could have been looked at as a simple "mistake".
    But this latest filing shows that they indeed are hounding me and harassing me against the wishes of our Board of Directors whose directive has not changed and is still in place.

    The Summary Judgement action I was told does not allow for a cross filing suit for damages. In fact they left off the whole aspect of the directive in their arguement that I have "no defense" against their motion.
    Again, with the helkp of the wonderful people at the Evicition Coalition in San Francisco I filed an opposition to their motion last Friday with hopes of either a delay or outright dismissal of action. I will find out on Monday (tomorrow) at 4pm when I call the message line of the court to hear what they've decided.
    I want to move forward with my own suit of harassment and wrongful persecution for retaliation motives, and am not sure where to go or whom I should be calling to find a lawyer who'd be willing to take my case.
    Does anyone have any suggestions on where to go first besides the BAR lawyer referral service? The BAR has already tried and failed to find me a lawyer willing to see me face to face to look over my documentation of proof of the directive and other facts of retaliation as related to this illegal eviction motion filed against me. I need an injunction maybe(?) and would like to file for damages for what they have put me through maliciously.
    So now where do I go? (I wish this would all go away, but I have to fight my way back to respectability in my community here and need help to do that properly)
  5. thorax232's Avatar
    First, your first reply is priceless. XD I know it's written out of frustration and I feel bad for you, but you certainly have a creative way with words.
    Second, I have to make a note to get back to this, I'm in between classes and will have to do a "bullet point notebook breakdown" of everything you've said, as I often do. I'll try to get on that later this afternoon, I apologize for not responding earlier, it seems I forgot to subscribe to this blog. I know you're kind of in the thick of things so I'll do my best to be as timely as possible. :)
  6. thorax232's Avatar
    Well I went straight to class, early, took my quiz, got 100% (go me) and returned to break this all down the best I can.

    So you've got 2 cases going here correct? One that seems to just hang around and never go away and a second case that's similar to how debt collectors call people up 7 times a day to ask, "Have you made any money yet?" Except you're being asked, "Is the case over? Can we evict you yet? Come oooonnn let us evict you!"

    Or maybe I'm reading wrong and the case IS about your eviction. =/

    So what I want to know still is, what got you into this mess in the first place? What the original case or why are you being evicted?

    I don't think it matters a whole lot because it seems to me like you're being shafted by some yank who just doesn't like you. And with enough money that's pretty easy to do.
  7. InnocentBorn's Avatar
    Sorry for my delay, but have been busy keeping my place from falling into the hands of the powers that be.
    First, congrats on your quiz score. Way to go! Pretty soon you'll be battling with Clarence Thomas on what constitutes a pubic hair on a coke...with or w/o root - blond or curly...etc..

    Yes, there are 2 cases here that got intertwined by the fact that the lawyer for the property manager contacted the DA, etc...

    The eviction summons and now summary judgement is based upon the fact that home was raided by police in Nov, 2010 in which they found morphine tablets (10), a small bag of LSD min sugar base that was wrapped up like a wedding gift sash that someone gave me 3 years ago and I just put it on a shelf next to my Mom's pic because I regarded it as a memento from days gone by...I'm 54 now, and had done acid when I was kid 35 or so years ago. Don't do that now, so I didn't think of it. Also found Meth in a bag that was in common area, as well as the ntablets I didn't know were there. All of this and some other items (no guns) were found during a search of my home based upon an "anonymous source" claiming drug activity/sales were going on. My friend who had a record but was off parole and was tgold by parole office the he was a free man agian did not report that he still had a probation on him for a couple more months. My friend did not "stay" with me or rent or anything, only occasionally spent the night. He had cars we were fixing upo and registering for sale parked on the block. Plain clothes officers had been drining upo and down block, and I callede my friend if he knew anything about it. he came over and was detained outside unaware to me he was outside. When I camne out with another friend the female officer came up to me and led me back inside my home claiming my 1st friend still had a seaarch and seizure probation on him for 2 more months...they searched and didn;'t find much and coerced me into signing a release by threatening taking my dog to pound and knowing I had never been arrested before. Searched my room and found used pipes, no drugs, etc.
    All this was part of police report that is now being used as the sole reason for eviction even though my case is still going thrru the system. Have not had my day in court yet, next prelim is on anniversary of arrest 2 years ago on Nov 8.
    My first opposition filing against the original summons was accepoted and never responded to my Prop Mgmt co and dropped. Summary Judgement was filed for without the directive included in their papers. They had hearing scheduled at same time as criminal hearing this last Tues at 9:30 AM , criminal hearing was for 9AM. I went to Summary Judgement hearing first, showed the Board directive and Judge agreed s/b bound over for trial. Next up on hearing for 10-3 for which I need to get a lawyer. The directive was in place but they claim Board voted to "remain Nuetral" in my case, and gave permission to lawyer for prop mgr to go after me based on HUD regulations. But my occupany agreement states that "You agree that you MAY be eviicted for the following reasons: etc etc" listing drug activity, as one of the items. I contend that since we are a tenant owned cooperative that the Board has final say in all matters relating to residents. The Board has a CHOICE to evict or not and has to have a meeting and tenant s/b heard and then they vote on matter. The prop mgr claims right to do all business for cooperative. This is a lie. They are nopt final say on all aspects of property such as occupancy committee is Board run, Financial commitree is Board run, etc. The Board has final say on tenancy, not prop mgr, and therefore the original directive of Board should remain intact even if they voted to remain neutral because it states that nothing s/b done against me UNTIL CRIMINAL CASE IS OVER ...and at that time mgmt is to ck back with Board for any further actions to be taken.
    I have to file an opposition to their new hearing date of 10-3 by 9-28. I hope I can find a lawyer by then to be my advocate in court because I'm no Perry Mason or Clarence Darrow. I beleive they violated my privacy rights when they spoke to DA in my criminal case, and I am being retalitory against for accusing Pres of the Board of not being a legitimate Board member because our rules state that all Board members must live on site...he sublets his unit and does not live here, therefore he's illiegitimate for being on Board. I stated that in a Board meeting because he kept blocking my access to a yaerly financial report that I'm entitled to under the Davis-Stirling Act of Calif. After months of blocking me froim getting the rprts I went to Board and said he s/b removed from office. 3 weeks later I get the first eviction summons just before my ciminal hearing.
    I am being punished for holding all three parties to the eviction action accountable for thier misdeeds in the present and past and have held their feet to the fire on a number of issues. Now they are trying to kick me iout because I threaten their existence on our property with being smart, knowing the bylaws, and telling the shareholders of my findings before they can be voted on.
    My head hurts...I'll try and write more later.
    So what year are you in law school?
  8. InnocentBorn's Avatar
    Follow up... The original reason for being persecuted now is because a) When I was on the Board I found that the property mgmt co was writing a ck for $2500.00 a month, made out to our complex name, and depositing into another of our accounts...this raised the Gross Monthly Rcpts by that much which they base their monthly mgmt fee on. I pursued this until they stopped this illegal tactic and returned to us over $2,800.00 in overcharged fees going back to the first dayy of their contract 4 yrs ago. After this my home was raided.
    b) I have reported the Property Mgr to her former superiors for doing things like using maintenance staff as her personal daily garbage collector and then not putting out her garbage cans (she lives down the block from me) thereby we end up payi ng twice for her garbage..once for added weight on dump run - second for not using cans we pay for on a group thing. There have been others, but this was enouigh to have her to want me gone .
    B) We had hired and fired this mgmt company in the past for misappropriation of funds for a missing 10 grand they could not explain. We were blackmailed into rehiring the same company years later... and prop mgr went with new company nthat now governs our property. It was a latteral move with a raise she got from new company.

    So all three people conspired to get me off property because at one point or another I've had to hold them accountable for their actions. The last time I spoke up against the Prop Mgr being legitimate board member I ended up being arrested min a raid...

    Next...The BAR Lawyer referral service could not fiind me a lawyer...go figure... they are giving me back my money. Ain't life just peachy and Grand? Another valid reason you should celebrate that you are not in my shoes...
    See ya later
  9. thorax232's Avatar
    Well, I'm actually a freshmen in school for computer science. I know what you're thinking, I'm talking to some kid who knows nothing of law. >.< Well, it's worth saying I've returned to college after gaining a little life experience in the military, of course I'm still 22.
    However, I have gained the title constitutional expert. Which is something you get from attending a lot of classes about history, philosophy and common law. So that's where I'm coming from here.
    That being said I of course don't believe there is such a thing as a victimless crime, and no crime can be committed upon oneself. (That's Marbury v. Madison for ya'.)

    Now, as far as my actual response, honestly it seems like you're doing everything right. You've got some total a-holes fighting your every move simply because you won't be stepped all over. At this point it all comes down to how much you're willing to fight, who out endures who. If you keep repeating those laws and keep making your point you should be sitting back at home without worry.
    Of course none of this should have ever dragged out like this, a jury is SUPPOSED to be able to look at the laws, decide if your guilty or not and that's that. But unfortunately, our law system doesn't work like that anymore and you have to deal with this kind of stuff.

    I mean, drugs are not constitutionally illegal and they've got no reason to kick you out, this should be an easy case. =/ Keep fighting though, you've gained a great understanding of the laws that pertain to your case and if you keep taking advantage of that knowledge those little twats should give up and they'll have to find somebody else to pick on.
  10. InnocentBorn's Avatar
    I lost the Summary Judgment last Wednesday, and only have an appeal I guyess to reverse this injustice. How long do I have to file? I keep seeing 10 days, etc...but I think it's less..like 3 maybe. If that is the case then today id the fiunal day to file a notice of appeal ... Wed. was judgment day..start xcounting next day...Holiday Monay means this is day 3 by counting everythign including weekends...but they don't really count unless the final day lands on them, then the following business day is the ;last day...Correct?

    Thanks for all your help, and if you have any ideas that I can use right this secoind to get a stay of execution and file the proper papoers to prevent me from becoming homeless I'm all ears...or even call me at 415-333-4393 if you feel ,mup to mit. I'm all done and dep[ressed after trying 5b difgferent agencies to help with the appeal on Friday, and all 5 in downtown San Francisco could not step up to help my sorry ass... Man, it looks like I might just lose after all...I have until 4PM to file in the Clearks office if today is indeed the last day...I'm calling the Clerks office nboiw to check timeframes, but they probably wont know or claim they can't offer any advice to anyone like they did before...
    Thanks again...
    My name is C asey btw...I wish I thought avbout contacting you earlier, but I've been going thru it, you know?

    Quote Originally Posted by thorax232
    Well, I'm actually a freshmen in school for computer science. I know what you're thinking, I'm talking to some kid who knows nothing of law. >.< Well, it's worth saying I've returned to college after gaining a little life experience in the military, of course I'm still 22.
    However, I have gained the title constitutional expert. Which is something you get from attending a lot of classes about history, philosophy and common law. So that's where I'm coming from here.
    That being said I of course don't believe there is such a thing as a victimless crime, and no crime can be committed upon oneself. (That's Marbury v. Madison for ya'.)

    Now, as far as my actual response, honestly it seems like you're doing everything right. You've got some total a-holes fighting your every move simply because you won't be stepped all over. At this point it all comes down to how much you're willing to fight, who out endures who. If you keep repeating those laws and keep making your point you should be sitting back at home without worry.
    Of course none of this should have ever dragged out like this, a jury is SUPPOSED to be able to look at the laws, decide if your guilty or not and that's that. But unfortunately, our law system doesn't work like that anymore and you have to deal with this kind of stuff.

    I mean, drugs are not constitutionally illegal and they've got no reason to kick you out, this should be an easy case. =/ Keep fighting though, you've gained a great understanding of the laws that pertain to your case and if you keep taking advantage of that knowledge those little twats should give up and they'll have to find somebody else to pick on.
  11. InnocentBorn's Avatar
    Also, I went to the Eviction Coalition People a few days before the hearing last week when I got a "declaration by the President of the Board of Directors" copy sent to me by nthe lawyer for the plaintiff. I asked if there was another filing to do because of this declaration and the lawyer for the EC people told me I didn't have to. I took that to mean that I need not file any more oppositions, but I thought since the whole case had yet to be told that I was still cgoin=g to have my day in Court to bolster my suppositions of retaliation and give the Statement of Facts from my personal point of view. So I didn't file with the Clerk's office and thought that I'd at least have one last opportunity to speak on my behalf. The Judge knew I had no lawyer and was only being consulted on thios case with the EC people. I explained that in the first and only oppositional papers that I filed. When he spoke in the first hearing he said there was evidence enough to hold over for another hearing, but that was iot. No instructions or anything to me about the proper steps to take in the next hearing. It was real short after he laid into the plaintiff lawyer for not showing the directive in their papers, for which he produced an email from the bitch Property Manager that the Boiard took another vote and decided to remain "Neutral" as far as my situation goes, but then the President gave over the decision making to the Property Manager to pursue the case, and since they elected to remain Nuetral as far as the Board went, it was up to The John Stewart Company to decide what to do about my situation. Naturally they want me the oiut of their hair and my place so I can't hold them accpountable for other misdeeds just waiting for someont to find them out. I know for a fact theirs already a couple of items that are highly questionable on the books that I have from the only inside contact I had on the Board who resigned and moved off the complex , but before leaving I convinced him not to turn over all the records he had accumilated over the last 2 1/2 years back tyo the Board as they requested, but to give them to me so I can do more researtch into their business practices...I won, and have all the records up to the last Board meeting that he went to back in August. But they only help me somewhat, but I have hard copies of a whole bunch of supporting docs now once I can get this situation reversed off my back..

    I don't know procedures, buyt printed pout the Court Rules and they go on forever. Can I just file a Notice to Appeal decision without having to go into all the detial of why they should grant it, or wiull they allow me more time to prepare a better Document than I could possibly do in on day...today?
    I hope you are around today...You are my last hope of clarity about these things.
    I respect you and take what you tell me in the way it is meant to be...without holding any liabilities to you for any errors...that's my side of the fence anyway...It's all my fault, or haven't you heard or gotten the memo?
  12. InnocentBorn's Avatar
    Oh, and last, the declaration by the President said :" That essentially there is a Zero Tolerance Regulation in place for our cooperative"...Essentially? Means there's room to wiggle someplace in that statement, but I don't know if that is enought tpo pesuade the Judge to hear me again...

    My only hope as I see it is that this is basically a contracts law case, and the Board breached the contract they made with me to wait until the criminal matter had been resolved until they made a decision on my status as a shareholder. The Judge didn't allow me to speak in the last hearing, but since I'm a layman and not a lawyer there s/b enough lax on procedure on his part to allow me an appeal based on inadequate intructions from the Court to tell me what I needed to do and when. And in the re-hearing of the matter I would claim a b reach, because even though they voted to reamin Nuetral in the decision making aspect of my current situation, that should have left me back with the original directive and not having to be at the mercy of a prejudiced party to take over and try to evict me before my criominal matter is over. They did this to prevent me from possibly getting off the charges and having them dropped or tossed or whatever. As it stands now the Judge has desolved my membership as a shareholder based solely on teh police report (which was retyped into the court papers they gave to make their case of Summary Judgment, and which left off some important details that I was going to bring up in the last heariong but never got a chance to do so) and also based on the Property Managers Declarations to enter this retyped police report entries as based on fact to the best of her knowledge, making the Court prejudiced against any oppositioon I may make thining that they are undisputable, but they are disputeible and will be forecfully whgen I go to Court Next Month. Meanwhile, I have to prevent them from making me homeless in the next two weeks...I have to get spomething ready today to enter at the Clearks office unless it's 10 days, then I woul;d have until this coming Friday, or possibly Monday per the rules...but if Friday I would feel a whole lot less rushed and more confident in this ed up situation..
    Let me know what yopu think./..or even calll me if you don't have time to type. 415=333-4393.
    Thanks a million for any replies anyione can help me with any ideas to get this Judgement overturned or reheard in an appeall.
    Love to all you guys and gals who care..