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HomeMy WebLinkAbout2017-08-22; City Council; ; Appeal of Notice and Order to Repair Property at 3745 Adams Street#10 ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: August 22, 2017 Mayor and City Council Kevin Crawford, City Manager Mike Peterson, Building Official mike.peterson@carlsbadca.gov or 760-602-2721 Heather Stroud, Deputy City Attorney heather.stroud@carlsbadca.gov or 760-434-2891 CA Review i,ATv Subject: Appeal of Notice and Order to Repair Property at 3745 Adams Street Recommended Action Hold a public hearing and approve a resolution denying the appeal of Catherine Bryan of the Notice and Order to Repair the property at 3745 Adams Street and upholding the Notice and Order to Repair. Executive Summary On May 1, 2017, the Building Official issued a Notice and Order to Repair the property at 3745 Adams Street to Catherine Bryan. The Notice and Order documents serious violations of the Uniform Housing Code (UHC), State Housing Law (Health & Safety Code section 17920.3), and Carlsbad Municipal Code observed during an inspection on March 29, 2017, resulting in a determination by the Building Official that the building on the property contains substandard housing conditions, is dangerous, and is deemed a public nuisance. The Building Official specifically determined that the violations are so extensive and of such a nature that the health and safety of the residents or the public is substantially endangered. The UHC and State Housing Law violations include: • Lack of hot water, gas, heat, and electrical services to the premises • Excessive mold growth and spongy flooring inside the residence • Leaking roof and water damage including a collapsing ceiling • Multiple windows broken, boarded up, or covered with tarps • Structural hazards including posts and beams lacking anchorages, vertical structural supports listing and leaning, and a sagging second level addition with no visible means of support • Faulty weather protection including raw wood exterior walls exposed to weather • Unpermitted construction materials that are not adequately maintained, including Alysnite (a fiberglass roofing material) used on an exterior wall and potential unreinforced masonry • Heavy growth of weeds, an accu mulation of junk, debris, litter, discarded furniture and construction materials, and probable rat harborages in outdoor areas • Portions of the building used for sleeping and cooking that were not intended for those occupancies, including removal of the indoor kitchen with food preparation occurring on Page 149 the outdoor patio, and mattresses and bedding observed throughout the building in areas not intended to be used as sleeping quarters In addition, the Notice and Order includes violations of the Carlsbad Municipal Code for unpermitted construction (Section 18.04.015), storage of inoperable vehicles in a residential zone (Section 21.44.060), accumulating solid waste outside of enclosed containers (Section 6.08.030), and accumulating junk and debris on a lot used for residential purposes (Section 6.12.040). The Notice and Order requires the violations to be abated by repair or, at the owner's option, demolition, and requires that repair or demolition commence within 45 days. The Notice and Order further requires that all required permits for repair or demolition be obtained within 30 days following the date of the Notice and Order, and that all work be completed within 120 days following the date of the Notice and Order. Catherine Bryan filed a timely appeal on May 26, 2017. This appeal was originally scheduled to be heard on July 18, 2017. On July 13, 2017, Ms. Bryan filed a request for a continuance of the July 18, 2017 hearing with the City Clerk. In response to her request, staff continued the hearing to August 22, 2017. Discussion Background Although not the specific subject of this appeal or the Notice and Order to Repair, this property has a long history of code violations which are summarized as follows: • In 1989, the city issued a Notice of Violation and Order to Remove for violations of the UHC including unpermitted excavation of a basement (which had undermined the foundation), hazardous electrical conditions, substandard plumbing, and accumulation of junk and debris. This Notice and Order was appealed to City Council (as described in Agenda Bill 10,380). The appellant subsequently withdrew the appeal after taking steps to cure the violations. • In 2005, the city sent a Final Notice of Code Violation which identified unpermitted electrical work and a retaining wall, storage of inoperable vehicles, and accumulation of junk and debris. • In 2006, the city issued a Notice of Substandard Building for inadequate sanitation, hazardous electrical wiring, accumulation of junk and debris, and hazardous and unpermitted installation of a water heater. • From 2013-2014, the city issued administrative civil penalty fines on the property for illegally parking recreational vehicles, boats, and trailers on the property. The outstanding fines total approximately $3500. • On February 19, 2014, the city also recorded a notice of noncompliance on the property based on the vehicle parking violations. Appeal procedures The city has adopted the 1997 UHC as the city housing code (Carlsbad Municipal Code section 18.06.010). This appeal is being heard by City Council as the board of appeals under Section 203 of the UHC. Pursuant to Ordinance No. NS-171, the City Council hears building code related appeals. The scope of this appeal hearing is limited to the issues specifically raised in the appeal under Section 1203 of the UHC. In hearing the appeal, the City Council does not have the authority to Page 150 interpret the administrative provisions of the UHC or to waive the requirements of the UHC. UHC § 203.2. Enforcement of the Notice and Order to Repair is stayed while this appeal is pending under Section 1204 of the UHC. Response to issues raised on appeal The appellant has raised ten issues on appeal, which are paraphrased below. Notably, the appellant does not deny that the violations exist, and in fact admits in her supporting documentation that some of them exist. Staff recommends denying the appeal on each of the issues, and upholding the Building Official's determination in the Notice and Order, for the reasons indicated below. 1. The appellant asserts that the 1997 UHC provisions cited in the Notice and Order to Repair do not apply under California's State Housing Law (Health & Safety Code section 17912) because the residence is an existing older historic home. Staff response: The purpose of the UHC is "to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the use and occupancy, location, and maintenance of all residential buildings and structures." (UHC section 102). Accordingly, the UHC applies to all dwellings irrespective of when they were constructed. Section 103 of the UHC further states: "The provisions of this code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in Section 3401 of the [Uniform] Building Code, except such structures as found to be substandard as defined in this code." California Health & Safety Code section 17912 is consistent with Section 103 of the UHC. It states that regulations and building standards related to use, maintenance, and change of occupancy apply to existing dwellings: Rules and regulations promulgated pursuant to the provisions of this part and building standards published in the State Building Standards Code, relating to the erection or construction of buildings or structures, shall not apply to existing buildings or structures or to buildings or structures as to which construction is commenced or approved prior to the effective date of the rules, regulations, or building standards, except by act of the Legislature, but rules, regulations, and building standards relating to use, maintenance, and change of occupancy shall apply to all hotels, motels, lodginghouses, apartment houses, and dwellings, or portions thereof, and buildings and structures accessory thereto, approved for construction or constructed before or after the effective date of such rules, regulations, or building standards. (emphasis added) Moreover, State Housing Law and Department of Housing and Community Development regulations authorize the city to use the UHC to administer and enforce the State Housing Law. Health & Safety Code section 17980.8 states that "the enforcement agency may abate the nuisance as provided in this part or exercise any other authority conferred upon it by this part." The regulations state, "The procedures for abatement, prescribed by this article, or other procedures as determined by the enforcement agency to be equivalent for the purpose intended, Page 151 may be used." (25 Cal. Code Regs. section 52). The UHC violations set forth in the Notice and Order to Repair relate to the use, maintenance, and change of occupancy of the dwelling. Therefore, the appellant's argument lacks merit. 2. The appellant states that the property was purchased in 1952 and homesteaded as a family farm with a continual agricultural use since then, and asserts that the Notice and Order to Repair erroneously attempts to rezone the property as R-1. Staff response: The property is zoned R-1 and has been since 1956. The only zoning violation noted on the Notice and Order to Repair is for storing inoperable, wrecked, dismantled, or abandoned vehicles in a residential zone in violation of Carlsbad Municipal Code section 21.44.060. To the extent that the appellant may be trying to argue that this use constitutes a legal nonconforming use on the property, she has not shown that they were "legally established" uses prior to 1956 to qualify as a legal nonconforming use under Carlsbad Municipal Code section 21.48.020(A)(3). 3. The appellant asserts that the residence on the property was built between 1953-1957 and has not been structurally modified since its initial construction. She disputes that the stairway or other areas were modified without building permits, and has attached photographs from the period of initial construction. Staff response: As stated in the Notice and Order to Repair, the Building Official observed apparent construction during his inspection on March 29, 2017. The Building Official observed the following: "The structure appears to have been enlarged, altered, repaired, and converted without first obtaining a building permit, including apparent unpermitted construction observed in the stairway at the south side of the residence (inadequate headroom), the bedroom additions at the rear of the building and patios (lack of structural support and proper framing), and carport (second story doorway leads to carport surface but lacks railings and carport post and beams lack anchorage)." The city has issued four building permits for 3745 Adams Street, only one of which reached final inspection: a re-roof permit issued in September 2005. In 2005-2006, the city issued three other building permits for carport repair, plumbing, and electrical work, but all of them expired without being finalized. Therefore, the evidence supports the Building Official's determination that unpermitted construction has occurred. The photographs submitted by appellant do not show these areas or provide proof that the structure was not modified since its original construction. 4. The appellant asserts that there is no dysfunction of the septic system. Staff response: The Notice and Order to Repair does not include any violations regarding the septic system. Therefore, this issue is not relevant to this appeal. Page 152 5. The appellant asserts that the junk and debris on the property is a result of illegal dumping from trespassers. Staff response: The appellant does not dispute that there was a large amount of trash and debris on her property when it was inspected. The appellant has submitted affidavits and disposal receipts as evidence that she is in the process of cleaning up the junk and debris. Once the appellant has indicated that the cleanup is complete, staff can re-inspect the property for compliance with UHC section 1011.11 (Hazardous or Unsanitary Premises) and Carlsbad Municipal Code section 6.12.040 (Regulations for Accumulation). As the owner and/or occupant of the property, it is the appellant's responsibility to keep the property free of trash and debris. As of the date of the Notice and Order to Repair, such accumulation was present, and until it is removed, this portion of the Notice and Order to Repair should be upheld. 6. The appellant asserts that trespassers have been camping in her backyard. Staff response: The Notice and Order to Repair does not include any violations related to camping. Therefore, this issue is not relevant to this appeal. 7. The appellant asserts that she has been the victim of false complaints. Staff response: The violations cited in the Notice and Order to Repair are not based on third-party complaints, but rather on documented observations noted by the Building Official during an inspection of the property. 8. The appellant states that she has requested an independent evaluation of the property by the Housing and Civil Enforcement Section of the U.S. Department of Justice that will establish there are no legitimate public nuisances or structural defects at the property. Staff response: The city's Building Official is authorized to enforce the UHC under Section 201.1 of the UHC, and has determined in his professional judgment and based on his own observations that a number of serious violations exist. The appellant has not demonstrated what jurisdiction, if any, the U.S. Department of Justice has over these code enforcement proceedings, nor is city staff or the City Attorney's Office aware of any legal reason why the requested evaluation would affect these proceedings. 9. The appellant requests that the City Council delay the appeal of the Notice and Order to Repair until the evaluation by the U.S. Department of Justice is complete, and/or a final resolution is reached in Bryan v. City of Carlsbad, U.S. Federal District Court Case No. 3:17- cv-00697-LAB-BLM. Staff response: Section 1201.3 of the UHC requires appeals to be heard not more than 60 days from the date the appeal was filed. It is not certain when, if ever, the U.S. Department of Justice will take action on the appellant's request for an independent evaluation of her property. The appellant filed a federal lawsuit against the City of Carlsbad following the inspection of her property pursuant to this code enforcement action, and has petitioned the court for a temporary restraining order to stop the city's code enforcement efforts (denied on June 2, 2017), and a Page 153 preliminary injunction seeking the same relief (pending). Unless and until the court grants a preliminary injunction, there is no reason to delay the appeal hearing. 10. The appellant requests that her fee waiver application should be granted. Staff response: The city's Master Fee Schedule does not include a fee for this type of appeal because it has occurred so infrequently. The fee listed for Building Code enforcement is "court costs," which is not applicable at this point. Therefore, no fee was charged for this appeal. Fiscal Analysis There is no fiscal impact associated with this item. Next Steps If this appeal is denied, staff will continue enforcement efforts in this case, which may include criminal (misdemeanor) or civil prosecution, including the city petitioning the court for appointment of a receiver, the Building Official causing the property to be repaired or demolished and charging the cost against the property, and/or the Building Official causing the property to be vacated and posted to prevent further occupancy until the work is completed. Environmental Evaluation (CEQA) This code enforcement action is categorically exempt from the California Environmental Quality Act {CEQA) under Section 15321 of the CEQA Guidelines. Public Notification The city notified Ms. Bryan of the time and place of the hearing on her appeal by certified mail on June 12, 2017. After Ms. Bryan requested a continuance, the city notified Ms. Bryan of the new time and place of the hearing by certified mail on July 14, 2017. Written notice of the time and place of this hearing was also provided to all interested parties in the property by mailing a copy of the notice to those parties listed on the proof of service attached to the Notice and Order to Repair at least ten days before the hearing, in accordance with Section 1201.3 of the Uniform Housing Code. This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Resolution denying the appeal of Catherine Bryan of the Notice and Order to Repair the property at 3745 Adams Street and upholding the Notice and Order to Repair 2. Notice and Order to Repair (May 1, 2017) 3. Appeal of May 1, 2017 Notice and Order to Repair (May 26, 2017) 4. Letters from Building Official to Catherine Bryan (June 12, 2017, and June 27, 2017) 5. Notice of Public Hearing for July 18, 2017 (June 29, 2017) 6. Request for Continuance (July 13, 2017) 7. Letter from Building Official to Catherine Bryan (July 14, 2017) 8. Notice of Public Hearing for August 22, 2017 (July 14, 2017) Page 154 9. Various correspondence from Catherine Bryan to city regarding her appeal (on file with the City Clerk) 10. City responses to Catherine Bryan's requests for records, dated July 18, 2017, and August 9, 2017 (on file with the City Clerk) Page 155 RESOLUTION NO. 2017-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF CATHERINE BRYAN OF THE NOTICE AND ORDER TO REPAIR THE PROPERTY AT 3745 ADAMS STREET AND UPHOLDING THE NOTICE AND ORDER TO REPAIR. WHEREAS, the City Council of the City of Carlsbad, California is acting as the board of appeals under the 1997 Uniform Housing Code (UHC) pursuant to Section 203 of the UHC and Sections 113 and 1.8.8.1 of the 2016 California Building Code; and WHEREAS, following an inspection on March 29, 2017, the city's Building Official issued a Notice and Order to Repair the property at 3745 Adams Street to Catherine Bryan on May 1, 2017, setting forth a number of violations of the UHC and Carlsbad Municipal Code and determining that substandard housing conditions exist, and that the building on the property is dangerous and a per se public nuisance; and WHEREAS, Catherine Bryan filed a timely appeal of the Notice and Order to Repair on May 26, 2017;and WHEREAS, on July 13, 2017, Catherine Bryan requested a continuance of the appeal hearing originally scheduled for July 18, 2017, which the city rescheduled for August 22, 2017; and WHEREAS, the City Council held an appeal hearing on August 22, 2017, in which it heard testimony and considered evidence in this matter; and WHEREAS, the appellant has not demonstrated that the violations set forth in the Notice and Order to Repair are not present. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the appeal of Catherine Bryan of the Notice and Order to Repair the property at 3745 Adams Street is denied. 3. That the Notice and Order to Repair the property at 3745 Adams Street is upheld. "NOTICE TO APPELLANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA, 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of August, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, M. Packard NOES: C. Schumacher ABSENT: None. (SEAL) EXHIBIT 2 Betty Bryan 3745 Adams Street Carlsbad, CA 92008 ( May 1, 2017 NOTICE AND ORDER TO REPAIR LEGAL NOTICE of the Building Official of the City of Carlsbad regarding: ADDRESS: 3745 Adams Street, Carlsbad, California APN: 205-270-13-00 To Whom It May Concern: ('city of Carlsbad The Building Official or designee has made an inspection of this property as authorized by an inspection wan-ant under California Code of Civil Procedure section 1822.50 et seq. This inspection was made on March 29, 2017, at approximately 9:30 a.m. Using the definitions of substandard conditions found in Section 1001 of the Uniform Housing Code (UHC) and the State Housing Law, inspectors found and determined that substandard conditions exist on this property. These violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered. These conditions and the relevant subsections of Section 1001 of the UHC and State Housing Law are noted in the attached reports. On the basis of these inspections, and under the provision of Section 202 of the UHC, I hereby find, determine and declare the building on this property to be dangerous and a~ se public nuisance. These substandard conditions must be abated by repair or, at the owner's option, demolition. The building must be repaired/demolished in accordance with the current Building Code and all other applicable state and municipal code requirements. Before repair or demqlition work is begun, you must contact Building Official Mike Peterson to determine what permits will be necessary for the required repairs/demolition. Failure to obtain necessary permits will result in the City continuing to view the building as substandard even if repairs have been made. Repair or demolition must commence within 45 days of the date of this Order. All required pe1mits required for repair or demolition must be obtained within 30 days from the date of.this Notice and Order. Repairs or demolition must be completed within 120 days of this Notice and Order. Failure to commence work or obey this Notice and Order may result in one or more of the following: • Criminal (misdemeanor) or civil prosecution, including the City petitioning the Court for the appointment of a receiver • My causing the property to be repaired or demolished and charging that cost against the property • My causing the prope1ty to be vacated and posted to prevent further occupancy until the work is completed Community & Economic Development Building Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-2700 I 760-602-8560 f I www.carlsbadca.gov Page 158 3745 Adams Street Page2 oflO • Recordation of this Notice and Order Any pers·on having any record title of legal interest in the above referenced property may appeal this Notice and Order or any action of the Building Official. Such an appeal must be made in writing and filed with the Building Official within 30 days of the date of service, which is the day that this Notice and Order was mailed via ce1tified mail. All appeals must also conf01m to the requirements of Chapter 12 of the UHC, a copy of which has been enclosed with this Notice and Order. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of this matter. If you choose to appeal this Notice and Order, you should read the attachment that explains the trne purpose of an appeal. If you have any questions regarding this Notice and Order, please contact Building Official Mike Peterson at (760) 602-2721, Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays, or in writing at City of Carlsbad, 1635 Faraday Ave., Carlsbad CA 92008. Respectfully, M-~ Mike Peterson Building Official City of Carlsbad Enclosures: Inspection Report UHC Chapter 12 (Appeal) Certified Mail/Return Receipt Requested Page 159 3745 Adams Street Page3 of10 PROOF OF SERVICE I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. On t?1"'1-~ I , 2017, at 1;Y.J a.m.~., I served the within documents: 1. 2. NOTICE AND ORDER TO REPAIR D by causing personal delivery of the document(s) listed above to the person(s) at the address( es) set forth below; or D by mailing a copy of the document(s) listed above by first-class, certified mail, postage prepaid, return receipt requested in the United States mail at Carlsbad, California addressed as set forth below; and by posting,the document(s) listed above conspicuously at or upon each exit of the building at the property at 3745 Adams St., Carlsbad, California 92008. Betty Bryan 3745 Adams Street Carlsbad, CA 92008 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 Yukiko Sumimoto 4401 Palos Verdes Drive, East Palos Verdes, CA 90275 Yukiko Sumimoto 3745 Adams Street Carlsbad, CA 92008 Equity Partners, LLC 78 Lasenda Laguna Beach, CA 92651 Novelle Financial Services c/o Impac Funding Corp. Attn: Doc Control 1401 Dove Street, Suite 100 Newport Beach, CA 92660 Novelle Financial Services 1401 Dove Street Newport Beach, CA 92660 Quality Loan Service Corporation Bounlet Louvan, Agent for Service of Process 411 Ivy Stre.et San Diego, CA 92101 County Records Research, Inc. Sherry Garrels, Agent for Service of Process 4952 Warner Ave. #105 Huntington Beach, CA 92649 Page 160 37 45 Adams Street MTGLQ Investor, LP c/o Bill Koch, Select Portfolio Servicing, Inc. 3815 SW Temple Salt Lake City, UT 84115 Cyndahow Investments, LLC c/o Bankers Hill Capital, Inc. 6725 Mesa Ridge Road Suite 204 San Diego, CA 92121 Rick Ardissoni c/o Kokopelli Corporation 3745 Adams St. Carlsbad, CA 92008 Banker's Hill Capital, Inc. 6725 Mesa Ridge Road, Suite 204 San Diego, CA 92121 · Anthony Chavez c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 Betty Bryan c/o Andrea Millon, Financial Director Kokopelli Community Workshop Corporation 3745 Adams Street Carlsbad, CA 92008 .. \ Page 4 of 10 LaSalle Bank National Association, as trustee c/o Richmond Monroe Group 15511 State Highway 13 Branson West, MO 65737 Titan Financial Services, Inc. Thomas C. Harden, Agent for Service of Process 5230 Renaissance Ave. San Diego, CA 92122 Titan Financial Services, Inc. 2907 Shelter Island Drive Suite 105 San Diego, CA 92106 FD C&C Properties c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 3745 Adams Street, LLC c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 San Diego County Treasurer -Tax Collector 1600 Pacific Highway, Room 162 San Diego, CA 92101 I am readily familiar with the City's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on />14-Y / I , 2017, at Carlsbad, California. ~ ~ame ~e>lt&CE #'.ZeK-El2.9!JA/ Page 161 3745 Adams Street Page3 oflO PROOF OF SERVICE I, Flo Qi ~ )~ ~ -te__. declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the witlll!~ction; my business address is 1200 Carlsbad Village Drive, Carlsbad, . California 92008. On { l lo(l \ , 2017, at __ a.m./p.m., I served the within documents: · 1. 2. NOTICE AND ORDER TO REPAIR D D by causing personal delivery of the document(s) list~d above to the person(s) at the address( es) set forth below; or · by mailing a copy of the document(s) listed above by first-class, certified mail, postage prepaid, return receipt requested in the United States mail at Carlsbad, California addresse<;l as set forth below; and by posting the document(s) listed above conspicuously at or upon each exit of the building·at the property at 3745 Adams St., Carlsbad, California 92008. · Betty Bryan Novelle Financial Services 3745 Adams Street Carlsbad, CA 92008 Catherine Bryan 3745 Adams Street c/o Impac Funding Corp. Attn: Doc Control 1401 Dove Street, Suite 100 Newp01t Beach, CA 92660 · Carlsbad, CA 92008 Novelle Financial Services 1401 Dove Street Yukiko Sumimoto 4401 Palos Verdes Drive, East Palos Verdes, CA 90275 Yukiko Sumimoto 3745 Adams Street CaTlsbad, CA 92008 Equity Partners, LLC 78 Lasenda Laguna Beach, CA 92651 Newport Beach, CA 92660 Quality Loan Service Corporation Bounlet Louvan, Agent for Service of Process 411 Ivy Street San Diego, CA 92101 County Records Research, Inc. Sherry Garrels, Agent for Service of Process 4952 Warner Ave. #105 Huntington Beach, CA 92649 Page 162 3745 Adams Street MTGLQ Investor, LP c/o Bill Koch, Select Portfolio Servicing, Inc. 3815 SW Temple Salt Lake City, UT 84115 Cyndahow Investments, LLC c/o Bankers Hill Capital, Inc. 6725 Mesa Ridge Road Suite 204 San Diego, CA 92121 Rick Ardissoni c/o Kokopelli Corporation 3745 Adams St. Carlsbad, CA 92008 Banker's Hill Capital, Inc. 6725 Mesa Ridge Road, Suite 204 San Diego, CA 92121 Anthony Chavez c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 Betty Bryan c/o Andrea Millon, Financial Director Kokopelli Community Workshop Corporation 3745 Adams Street Carlsbad, CA 92008 Page4 of10 LaSalle Bank National Association, as trustee c/o Richmond Momoe Group 1551 i State Highway 13 Branson West, MO 65737 Titan Financial Services, Inc. Thomas C. Harden, Agent for Service of Process 5230 Renaissance Ave. San Diego, CA 92122 Titan Financial Services, fuc. 2907 Shelter Island Drive Suite 105 San Diego, CA 92106 FD C&C Properties . · c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 3745 Adams Street, LLC c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 San Diego County Treasurer -Tax Collector 1600 Pacific Highway, Room 162 San Diego, CA 92101 I am readily familiar with the City's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on_ifl----'-'°'-C........,.c)+-----' 2017, at Carlsbad, California. ~w~ Name (_ 'Fl C> a:, vj{A~ te, Page 163 3745 Adams Street Page5 of10 INSPECTION REPORT A site inspection was performed on March 29, 2017, and the following conditions were observed on the property, and the relevant codes are listed below: I. UHC Section 1001: 1001.2 Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are insanitary. Inadequate sanitation shall _include, but not be limited to, the following: 5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. No hot running water to plumbing fixtures; hot water heater not functional; no gas or electrical services to premises. q. Lack of adequate heating facilities. No heating facilities observed; no gas or electrical services to premises. 10. Lack ofrequired electrical lighting. No electrical services to premises. 11. Dampness of habitable rooms. Extensive mold growth observed on ceilings and walls of south wing of building; spongy flooring observed in south wing. 13. General dilapidation or improper maintenance. Evidence of leaking roof observed throughout building; water damage and staining observed on framing members throughout second level; ceiling appears to be collapsing in south wing of building; multiple windows broken/boarded up/covered with ta,ps. 1001.3 Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following: 4. Members of walls, partitions or other vertical supports that split, lean, list or buclde due to defective material or deterioration. Carport post and beam connection appears to lack anchorages; vertical supports of carport are leaning/listing. 6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split or buckle due to defective material or deterioration. Second level addition over rear patio has no visible means of support and is not level/sagging. 1001.4 Nuisance. Buildings or portions thereof in which there exists any nuisance as defined in this code are deemed substandard buildings. The conditions noted throughout this report constitute a nuisance as defined by State law (Civil Code) as well as the Carlsbad Municipal Code (Section 6.16.010 (A), (BJ and (CJ). 1001.8 Faulty Weather Protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection, which shall include, but not be limited to, the following: 2. Deteriorated or ineffective waterproofmg of exterior walls, roof, foundations or floors, including broken windows or doors. Evidence of leaking roof observed throughout building; water damage and staining observed on framing members throughout second level; Page 164 3745 Adams Street Page 6 of10 ceiling appears to be collapsing in south wing of building; multiple windows broken/boarded up/covered with tarps. 3. Defective lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. Portions of exterior walls are raw wood exposed to weather. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. Evidence of leaking roof observed on south side of second level, including water staining and mold growth. 1001.10 Faulty Materials of Construction. The use of materials of construction, except those that are specifically allowed or approved by this code and the Building Code, and that have been adequately maintained in good and safe condition, shall cause a building to be substandard. Alsynite (a fiberglass roofing material) appears to be used as section of exterior wall in second story addition; portions of exterior walls are raw wood exposed to weather; potential unreinforced masonry observed. 1001.11 Hazardous or Insanitary Premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials'or conditions on a premises constitutes fire, health or safety hazards that shall be abated in accordance with the procedures specified in Chapter 11 of [the UHC]. Heavy growth of weeds, an accumulation of junk, debris, litter, discarded furniture and construction materials, and probable rat harborages were observed in the outrjoor areas of the premises. 1001.14 Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for such occupancies shall be considered substandard. The kitchen appears to have been removed and food 'preparation appears to occur in the patio area outside the structure; mattresses and bedding was observed throughout the building in areas not designed or intended to be used as sleeping quarters. II. California Health and Safety Code section 17920:3 -Substandard Buildings Any building or portion thereof including any dwelling unit, gue.stroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: ( a) Inadequate sanitation shall include, but not be limited to, the following: (3) Lack of, or improper kitchen sink. No kitchen sink was observed. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. No hot running water to plumbing fixtures; hot water heater not functional; no gas or electrical services to premises. (6) Lack of adequate heating. No heatingfacilities observed; no gas or electrical services to premises. (10) Lack of required electrical lighting. No electrical services to premises. Page 165 37 45 Adams Street Page7 oflO (11) Dampness of habitable rooms. Extensive mold growth observed on ceilings and walls of south wing of building; spongy flooring observed in south wing. (13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined iri Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. Extensive mold growth observed on ceilings and walls of south wing of building. (14) General dilapidation or improper maintenance. Evidence of leaking roof observed throughout building; water damage and staining observed on framing members throughout second level; ceiling appears to be collapsing in south wing of building; multiple windows broken/boarded up/covered with tarps. (16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code. Solid waste and recyclable materials were observed in piles throughout the rear and side yards, not placed in the proper receptacles. (b) Structural hazards shall include, but not be limited to, the following: (2) Defective or deteriorated flooring or floor supports. Spongy flooring observed in south wing. ( 4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. Cmport post and beam connection appears to lack anchorages; vertical supports of cmport are leaning/listing. (6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. Second level addition over rear patio has no visible means of support and is not level/sagging. (g) Faulty weather protection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. The ceiling on in the second story of the south wing appears to be collapsing. (2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors. Evidence of leaking roof observed throughout building; water damage and staining observed on framing members throughout second level; ceiling appears to be collapsing in south wing of building; multiple windows broken/boarded up/covered with tarps. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. Portions of exterior walls are raw wood exposed to weather. ( 4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. Evidence of leaking roof observed on south side of second level, including water staining and mold growth. (i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition. Alsynite (a fiberglass roofing material) appears to be used as section of exterior wall in -second story addition; Page 166 3745 Adams Street Page 8 oflO portions of exterior walls are raw wood exposed to weather; potential unreinforced masonry observed G) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. Heavy growth of weeds, an accumulation of junk, debris, litter, discarded furniture and construction materials, and probable rat harborages were observed in the outdoor areas of the premises. (k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. The building is an unsafe building due to inadequate ma'intenance based on the totality of the building-related violations set forth in this Inspection Report. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining pm-poses that were not designed or intended to be used for those occupancies. The kitchen appears to have been removed and food preparation appears to occur in the patio area outside the structure; mattresses and bedding was observed throughout the building in areas not designed or intended to be used as sleeping quarters. ID. Carlsbad Municipal Code 18.04.015 Sections 105.1 and 105.2 amended-_Permits required. Sections 105.1 and 105.2 of the California Building Code are amended to read as follows: 105.1 Permits Required. Except as specified in Section 105.2 of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate pe1mit for each building or structure has first been obtained from the Building Official. The structure appears to have been enlarged, altered, repaired, and converted without first obtaining a building permit, including apparent unpermitted construction observed in the stairway at the south side of the residence (inadequate headway), the bedroom additions at the rear of the building and patios (lack of structural support and proper framing), and cmport (second story doorway leads to carport surface but lacks railings and carport post and beams lack anchorage). 21.44.060 Off-street parking-Residential zones. A. In all residential zones the following parking regulations shall apply: 2. Required parking spaces for dwelling units shall be located subject to the following: TableE Inoperable Vehicles Storage or parking of inoperable, wrecked, dismantled or abandoned vehicles shall be regulated by Chapter 10.52 of this code, with the following exception: • For one-family dwellings on individual lots, not more than two vehicles in any inoperable, wrecked or dismantled condition may be parked in the side yard or rear yard while said vehicles are being repaired or restored by the owner of the property, provided the vehicles are visually Page 167 3745 Adams Street Page9 oflO screened from the public right-of-way. The property has residential zoning (RI) and more than two inoperable vehicles are parked in the side and rear yards. Inoperable vehicles in excess of two (2) must be moved to a location consistent with Table E of Section 21.44.060. 6.08 Solid Waste 6.08.030 Containers generally. A. No person shall deposit, keep or accumulate any solid waste in or upon any public or private premises unless enclosed in containers. Such containers shall be provided by the franchisee. The containers will remain the property of the franchisee. Every person occupying or having control of any such premises shall insure that a sufficient number of containers are available to properly store all solid waste generated at said premises. B. No person shall deposit, keep or accumulate any recyclable materials in or upon any public or private premisys unless enclosed within a recyclable container. Solid waste and recyclable material.$ were observed in piles throughout the rear and side yards, not placed in the proper receptacles. 6.12.040 Regulations for accumulation. B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes, except in accordance with all of the following regulations: 1. The accumulation shall not be maintained so as fo be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests; 2. The accumulation shall not be strewn about or maintained in an unsightly condition; 3. The accumulation shall be maintained so as not to constitute a fire hazard; 4. Any accumulation of junk maintained on a lot for more than 30 days shall, from and after the thirtieth day of such accumulation, be stored in opaque containers; 5. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health,'safety or welfare; 6. The accumulation shall not be a source of pollutants to stormwater or the st01mwater conveyance system as defined in Chapter 15.12. Heavy growth of weeds, an accumulation of junk, debris, litter, discarded furniture ana construction materials, and probable rat harborages were observed in the outdoor areas of the premises, that are also a potential source of pollutants to stormwater. Page 168 3745 Adams Street Page·10 of 10 Chapt~r'f::? APPEAL SECTION 1201 ={U:illERAt., 1101.l Form r,F Ap~11!. ,-'l.n;j pe;-sou ~;11hfod 10 sciyiro mldei S1:.¢tlon IiWI.3 :riay s:p;:llfil from nny notkc ai:ld u?<~r w ?.ny na- tion ,:;fth!! l!-1Jildlng,11fi\-,i:tl und1?11tii~ i;,.itle by fifing at lful offi(}~of the t,1,Jlding<?Ilicial a w.ril1cn "J~ill t-011!airring tlte foTiowlrig; 1. A !i~:i.<liag in 1113 word~: ".!J~fore fut bc,:.rd of .llpp,:at11 oi thr. .......... of., ........ " 2, A cap;:[ott rf2;!ir,g; RApr.e-ab of ..•.•• , ••• ", gi,,fog i]:"" filmt><-'.l 1.11 ;ill '-lpp,::ll;.n!s pa,tii:it1,ifot.r, in U!e api:,:nl. · · :!. A 1:-ridscru;:rnenIS!ittlll.sfor1!1 thl'l~n.lfa,er,15t of i,1tl.\ of Ute ltpP,:lLmts h1 !.11, l,1tii<iillg or lite !;and" ltwo!v.,:J in ll,ii notice ;;1:d ord[1: 4. I\, licil'f stete.m{ll!.l in ca;,,Jtm:uy .ru:.d roi:ci.Ec .lail;(bl~t,;; vf 1!ud 1Ji;.i,illc ord~f et actl.l:n p.rot§ti:d, wgc11lli' wJ1h nay !10lerinlfoe1s !llµ.li!f\ei( 11, ••IJ'r•,n 1hr. l'.r.-nrrn '"'"" of ihe •rp•llinL .s, A l;.1J~fota1eme11tfa ot~l;J.Ji}' 1.mt! c,;nclselong_ua,:,t ,Lfilro re• }o-Jf siiugl1t ll!ld U1e t'\l(1~cms why iii;; claimed !lie j;-1ofosicd orde. or li.ctioi1 li1tfn.,Jc! b~ rn~·erred, modir,e;:J (1r (Jthernise EC! as~, · (r, Tu~ 8l_gn.at'Jr;}s (lf all ppdr~s n!lmcd as llppclltmt<. ~n(I Ih~k ,)ffi~fal mailfag. ad:lc~ses, 1, Tb~ \•crifi~.1tlQf!(l>,:,O~ntiom.1ru:lct )""Qtia!lyt1f~1j11zy)of ~.tl~to:ile .lff.-,;:-illmt as 10 tbe.truth_qfibemamm; statci:H11.1he·.~r,_, p!.l'nt. _ 'Jl1~ il;."'l!t',al sbidl be@;;,t \Yitt..;a 30 days from1l1e d;,.11> of lJ:,;i ser- vi.ct:a! succlJ ,c,;<l~ror li,;ion of tl:o bmld).o{t c,ffichJ, provided, bow" C\'.llf, lbil! i£ ll!c. huilding Of :;1wc1urc,zs in &uc-:iJ eocilitlim ~ I<.' make k:i.iam-::Ili:;;tc]y ,;b.1igi,rt1tES ro lhelifo, lin:ib, j)JO_pr,rl)' or safety of the Jl®li~ •>r ,11!J..:-:,cnt pro~rt}· i!:nd ist:;;<.l¢Rd \·rw..tro .nod I~ pos:ed rn i.\-'OJrdlllcaw1llt Sotlfon nw, rui;!1 op~al :;;Jt;j.!J be.filed withln rn d~'S: fu)m lb# dnt~ of1hc. Ell:t1'lce oi' !h~ notice :;r,d c-irlL'.r o? :lhi! b11Udiog oft1cial. 1201.2. .l'~~lug of.Appeal; Upo.~ t~fpl pf tin}' sppM[ ~foil pqrSliili:Jttorois;5ectli:>\1, !11~ bui[ilL-'ig officfa!.~h.,IJ p;l'«Sl!Ili ll lit the aext rpgte);W or sr-ecfol rtm:ting c,f n!lil h,"'l)_r;.!' of "ppeals. 1.201:l ~chtdulinft ~-ml NolfoingAppE31.lhr H,;;;riog, As!'~,;m ,as p,act[¢~oli.! i!frer rccdviDg tl(e Wtr.itti;o nppenl, tbebomi:ug ady} ~ry .filld nppcn.J(IXi,ltd silJlll fixn drtro, llll.'le t1tldJ,l.¢i,, fo, ihe bra-r- iag of thc i<j)_f1;ill b}' U!C bo.ard • .S(lcJ'i tl!lieshall b= not.Jess tb3a JI) da)':i or more than CiO dnysJrum lheda1e lhc.app:,;-,~ WMfilw with l~.f.l J:.ui!ilfl•,i; otlil'ial, Wrilien T:.Jil:i;µ of il:c rune aad place of in_"' b.~p;.fog !d!.all be gi~·cn lll li,~l ;I(l ,f;i_yt pr:ior to the dale ,;,f" Uiil 1r~ur- hlg m e-J.d, :!ppl!llanl by !l:-0 sccrntaty of 1lw ooard !'.'lth:lr by c;111.~- fag ;1 ·cuiw of aud1 ,t<)ix:~ to oe celivc.e~ le, the ~pp~lfaru p..m.~:t1a.U:i• or f)y iiJl..ailiag " rot:->' ll11!n!o:r, p,;;i,;ilg_~ prqiaid. ::id, ill<'F.ii;,i! to tJ-.se apjlcllmu :011Ji.~ address ehowll 01:1 tbe ar,poilf, Sl:Cl'ION-121)2:..._EJ!FFOT OF rAiWRET.O APPEJ\.L Failt,rc ,:Jany p.,-rscmi!J file 110 nvpei!.I in acrordan-::e wilb !he pro, vi.:;lciu; of S:cllo11sJi(II 11nd h""'Ol shBEI ci111i!!i111ie fl"i'fd.iYer of the r11?,i1t 1q ti,1 ml::run.istram'c hc:.sruig i!TIU ilf.JjL,;Iiaitian of ihl} fl(i([t)lt. and mtler 01 ro :my p;:,rtiuo me-wof, $l;C'f[ON i.203-.SOQPE Or' HEARJNG ON APPEAL Oiil}•.il~ m11treliS or ii.s'ues. ~f,~\:lmill)' rn~d llY t!Je ::.p1'.t,lr,nt si)all f:Je.ttlos@ered ia lhehe:ni,1g of llt~ ~:p~;,!, · ~E.QTIO~ t204-ST:AY!t1G OF OR.DER UNDER APPeA]., ·~ccpUcit •tiJi;atlontin:J.e,r.smil.&:, ;,wsmllll K,Sr.ction HIM, iii1• fori:~m~t.of _so.}' 11otlce nad cruer af ill: 1;11.itlilTJfl -0Jliciru i.'19.100 eiJ.\ide.r !liJse1;1d\1$illilt test.eyed du1i1J.g ll,;: p~rtd~rit:y ofan npp~ tt,ens.(rom (ha:t is propc:11)1 :m1! Imm!:; tiicd, Page 169 3745 Adams Street AMENDED PROOF OF SERVICE I, Flora Waite declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. On May 1, 2017, I served the within documents: NOTICE AND ORDER TO REP AIR by mailing a copy of the document(s) listed above by first-class, certified mail, postage prepaid, return receipt requested in the United States mail at Carlsbad, California addressed as set forth below: Betty Bryan 3745 Adams Street Carlsbad, CA 92008 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 Yukiko Sumimoto 3745 Adams Street Carlsbad, CA 92008 Rick Ardissoni c/o Kokopelli Corporation 3745 Adams St. Carlsbad, CA 92008 Betty Bryan c/o Andrea Millon, Financial Director Kokopelli Community Workshop Corporation 3745 Adams Street Carlsbad, CA 92008 Quality Loan Service Corporation Bounlet Louvan, Agent for Service of Process 411 Ivy Street San Diego, CA 92101 LaSalle Bank National Association, as trustee c/o Richmond Monroe Group 15511 State Highway 13 Branson West, MO 65737 San Diego County Treasurer -Tax Collector 1600 Pacific Highway, Room 162 San Diego, CA 92101 MTGLQ Investor, LP c/o Bill Koch, Select Portfolio Servicing, Inc. 3815 SW Temple Salt Lake City, UT 84115 Page 170 3745 Adams Street On May 10, 2017, I served the within documents: NOTICE AND ORDER TO REPAIR by mailing a copy of the document(s) listed above by first-class, ce1tified mail, postage prepaid, retmn receipt requested in the United States mail at Carlsbad, Califomia addressed as set forth below: Yukiko Sumimoto 440 I Palos Verdes Drive, East Palos Verdes, CA 90275 Equity Pa1tners, LLC 78 Lasenda Laguna Beach, CA 92651 Novelle Financial Services c/o Impac Funding Corp. Attn: Doc Control 1401 Dove Street, Suite 100 Newp01t Beach, CA 92660 Novelle Financial Services 1401 Dove Street Newpo1t Beach, CA 92660 County Records Research, Inc. · Sheny Ganels, Agent for Service of Process 4952 Warner Ave. #105 Huntington Beach, CA 92649 MTGLQ Investor, LP c/o Bill Koch, Select P01tfolio Servicing, Inc. 3217 Decker Lake Dr. Salt Lake City, UT 84119-3284 Cyndahow Investments, LLC c/o Bankers Hill Capital, Inc. 6725 Mesa Ridge Road Suite 204 San Diego, CA 92121 . Banker's Hill Capital, Inc. 6725 Mesa Ridge Road, Suite 204 San Diego, CA 92121 Anthony Chavez c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 Titan Financial Services, Inc. Thomas C. Harden, Agent for Service of Process 5230 Renaissance Ave. San Diego, CA 92122 Titan Financial Services, Inc. 2907 Shelter Island Drive Suite 105 San Diego, CA 92106 FD C&C Propetties c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 3745 Adams Street, LLC c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 I am readily familiar with the City's practice of collection and processing conespondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business I declare under penalty of pe1jury under the laws of the State of California that the above is trne and correct. Executed on _(}\_CJ\~Q*---/-"-0 __ Page 171 Personally Delivered by Courier on 5/26/2017 Att: Mike Peterson Building Official 1635 Faraday Ave. Carlsbad 1200 Carlsbad Village Drive 92008 Re: APPEAL OF MAY, 12017 NOTICE AND ORDER TO REPAIR Property Owner: Catherine Bryan Dear Mr. Peterson, Please kindly review my herein enclosed Appeal documents; with particular attention to my enclosed fee waiver application. I am an elderly and disabled individual, who receives a monthly Supplemental Social Security Pension (SSI), entitling me to a waiver of the filing fee that is typically required in conjunction with filing this type of Administrative Appeal, with City of Carlsbad's Building Department. Consequently, I have enclosed, with my appeal, a County of San Diego Application For Waiver of Fees, as is provided to financially challenged individuals, who are forced to appeal orders for NUISANCE ABATEMENT in San Diego County. In light of the fact that I currently face an unreasonable and arbitrary summary condemnation and demolition of her home of 65-years as soon as June 15, 2017, DUE PROCESS, requires that my Appeal should be taken under consideration, by the City of Carlsbad Board of Appeals, and my Fee Waiver Application, should be GRANTED. Very Truly Yours, �6� Catherine Bryan Enclosures: as indicated above. cc.Celia A. Brewer; Attorney For the City of Carlsbad 525-2017 1 of 1 EXHIBIT 3 Page 172 COUNTY OF SAN DIEGO APPLICATION FOR WAIVER OF PUBLIC NUISANCE ABATEMENT APPEAL FEE ***THIS FORM MUST BE KEPT CONFIDENTIAL••• (For Official Use Only) Form Instructions: Pursuant to Title 1, Division 6, Chapter 2, Section 16.208 of the San Diego County Code of Regulatory Ordinances, if the appellant claims an economic hardship in paying the appeal fee, the appellant may apply for a waiver of the appeal fee. This form is four pages. Please read all sections of this form to ensure you complete all applicable sections. Send the completed form to: Clerk of the Board of Supervisors Attn: Client Services 1600 Pacific Highway, Room 402 San Diego, CA 92101. If you have questions, please contact us at (619} 531-5777. APPLICANT INFORMATION: Bryan Catherine Last Name First Name 37 45 Adams Street Carlsbad, CA. Street Address City, State, Zip Mailing Address (if different than street address) City, State, Zip ATTORNEY INFORMATION: self /represented Last Name First Name Street Address City, State, Zip Mailing Address (if different than street address) City, State, Zip ABATEMENT OFFICER Mike Peterson Last Name, First Name 92008 Page 1 of 4 Page 173 I request a waiver so that I do not have to pay public nuisance abatement appeal fees, based on the following: 1. I am receiving financial assistance under one or more of the following programs: !El 551 and SSP: Supplemental Security Income and State Supplemental Payments programs D AFDC: Aid to Families with Dependent Children program D Food Stamps D County Relief, General Relief (G.R.) or General Assistance (G.A.) (If you checked any of the items under item 1 above, sign below and DO NOT complete the remainder of the form.) 2. D My gross monthly income is less than the amount indicated with an X below for my family: X NUMBER IN FAMILY FAMILY INCOME 1 $1,127.00 2 $1,517.00 3 $1,907.00 4 $2,297.00 5 $2,687.00 6 $3,077.00 7 $3,467.00 (If you have checked the box in item 2 above, sign below and complete items 4 and 5 on this form on page 3.) 3. D My income is not enough to pay for the common necessaries of life for me, and the people in my family that I support, and also to pay the public nuisance abatement appeal fee. (If you checked the box in item 3, complete the remainder of this form on pages 3 and 4.) I UNDERSTAND THAT WAIVER OF THE PUBLIC NUISANCE ABATEMENT APPEAL FEE MAY NEVERTHELESS RESULT IN THE FEE BEING INCLUDED IN THE COST OF ABATEMENT AND IMPOSED UPON MY PROPERTY AS AN ASSESSMENT LIEN. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Page 2 of 4 Page 174 1 APPEAL BEFORE THE BOARD OF ADMINISTRATIVE APPEALS FOR THE CITY OF CARLSBAD PLEASE TAKE NOTICE OF PROPERTY OWNER; CATHERINE BRYAN'S; APPEAL OF CODE ENFORCEMENT OFFICER, MIKE PETERSON'S NOTICE OF ORDER TO REP AIR; DATED MAY 1, 2017, & REQUEST FOR AN ADMINISTRATIVE HEARING OWNER/APPELLANT: CATHERINE BRYAN Telephone# 619-694-8452 PROPERTY LOCATION: 3745 Adams Street, Carlsbad Ca. 92008 I. INTRODUCTION Property owner, Catherine Bryan ("appellant"), is herein requesting an administrative review and requests to set-aside, Mr. Peterson's substantially defective, NOTICE OF ORDER TO REPAIR, dated May 1, 2017; that has been attached to this Appeal as Exhibit I, therein declaring Appellant's private property and Valuable Historic Family Adobe Home of 65 years, to be substandard and a "public nuisance," on all the grounds, as are specifically listed below. The facts asserted herein by Appellant, are fmther supported and established by by the notarized affidavit of : Catherine Bryan, Duncan Faulkner, and Jean Ann Sauers, that have been attached to this Appeal as Exhibit II. Additionally, for the purpose of evidentially establishing Appellant's continuing rights of ownership to the acre of land legally described as APN 205-270-13-00; located at 3745 Adams Street in Carlsbad California; Exhibit Ill; provides the reviewing agency with a courtesy copy of Appellant's ex pa.rte application for a Temporary Restraining Order, enjoining Mr. Peterson from fmther prosecuting the NOTICE OF ORDER TO REPAIR. The underlying case was filed on April 6, 2017, in Federal District Court, as case 7cv0697-LAB-BL. A raising serious public corruption issues of STATE- WIDE concern, that are beyond the scope of this review board to adjudicate. However, appellant is required to obtain this review, to establish that Appellant has diligently exhausted all possible Administrative Remedies. § 17912. II. ISSUES ON APPEAL There a clear conflict between Mr. Peterson's Application of Uniform Housing Codes with an effective date of the 2016, and applicable provisions of CALIFORNIA STATE HOUSING LAW DIVISION 13, PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION § 17912. prohibiting newer housing codes from being applied to older historic homes such as Appellant's Historic Adobe Home. ( Exhibit V.) Page 175 2 APPEAL Zoning: Appellant's property was purchased in 1952, and properly homesteaded as a family farm. Appellant's family farm has had a continual and ongoing agricultural use. The Notice at issue, erroneously attempts to reclassify Appellant's property as R-1. No Modification: Appellant's Historic Family Home was built over a time period from 1953-1957, when a final building inspection was obtained, and has never, at any point been structurally modified. City of Carlsbad's assertion that the stairway and other areas of Appellant's home have been modified "endangering the public," like the majority of the false and prejudicial statements in Mr. Peterson's "Inspection Report" are bizarre and completely unfounded. Exhibit V, provides relevant photographs of the 1953-1957 construction. No Septic Dysfunction: Appellant's Septic System is relatively new, rebuilt in 2007, at a cost of $70,000 with a copy of the contract for its installation available and on file with the Public Health Department in San Marcos California. There is absolutely no dysfunction of the septic system, Mr. Peterson's vague and unsuppo1ted allegation of a dysfunctional septic system, is a false and fictional attempt to create insurmountable financial challenges to Appellant's rights to continued occupancy of her home. Illegal Dumping: Appellant is a seriously disabled 67-year old individual, who has frequently, been the victim of criminal harassment, through illegally dumped construction materials, old furniture mattresses and agricultural waste, which she routinely has to pay someone to remove to the rear of her prope1ty, away from public view, until she can arrange to pay someone to remove, to the City Dump (at least twice a month) or by means of the numerous 40 foot roll-offs rented by Appellant at substantial out of pocket costs, from Coast Waste Management. The photographs attached to support Mr. Peterson's petition for an inspection warrant, appear to be photographs of piles of such trash and debris, consolidated for removal by truck, just before their removal. Facts further established to this Review Board, through the witness testimony of Jean Ann Sauers, and Appellant's son, Duncan Faulkner, along with the City Dump receipts attached to the supporting affidavits. Illegal Trespassing: As fmther supp011ed by the suppmting Affidavit of Duncan Faulkner, Appellant frequently is forced to ask her son to come and chase away, trespassers illegally camped out her back yard. One such person frankly stated he was paid $50.00 to camp out on her property. For this reason, last October Appellant arranged for her son to put up large fences and post clearly visible NO TRESPASSING signs. (see supporting affidavit of Duncan Faulkner) Falsified Complaints: As further suppo1ted by the suppmting Affidavits of Jean Ann Sauers, and Duncan Faulkner, Appellant has continually been victimized and by substantially false complaints made by parties with ulterior motives. Page 176 3 APPEAL Independent Evaluation Pending : Appellant anticipates that she can establish that no legitimate public nuisances or structural defects of her home exist, through a pending independent evaluation to be conducted by the Housing and Civil Enforcement Section, of the Federal Department of Justice. Appellant recently took receipt of a responsive communication from the DEPARTMENT OF JUSTICE and believes obtaining an independent review of the condition of her home, may take several months. Please refer to Exhibit IV: Appellant's request for a criminal investigation and independent review of the condition of her home. Relief Requested: In light of the serious nature of the Public Corruption issues raised in this case, this Board's review of this matter should be stayed; until investigating agencies complete their independent evaluation of Appellant's home; and/or a final resolution of the issues raised in Federal District Court case 7 cv0697-LAB-BL. Appellant's fee waiver application should be granted: Appellant has attached herewith, a County of San Diego Application For Waiver of Fees, as is provided to financially challenged individuals, such as Appellant, who are forced to appeal dilatory orders for NUISANCE ABATEMENT. In light of the fact that Appellant faces an unreasonable and arbitra1y pending condemnation and demolition of her home, Due Process requires that Appellant's Fee Waiver Application, must be GRANTED. Respectfully Submitted, by ~-~ (signature) Catherine Bry~ 3745 Adams Street, Carlsbad CA. 92008; telephone number: 760 694 8452 VERIFICATION Appellant's Verification of all statements in appeal under Penalty of Perjury. I, Catherine Bryan, appellant, in the above-entitled matter. Have read the foregoing appeal of: CODE ENFORCEMENT OFFICER, MIKE PETERSON'S NOTICE OF ORDER TO REPAIR; DATED MAY 1, 2017, & REQUEST FORAN ADMINISTRATIVE HEARING; and know the contents thereof. All the statements made above are true and of my own knowledge, except as to those matters which are therein stated on information and belief, and, as to those matters, I believe my statements to be true. Executed on this day of May 25, 2017, at the City of Carlsbad, in the County of San Diego, California. I declare ( or certify) under penalty of perjury that the foregoing is true and correct. @NL.~£ }W\lb\(V\ Catherine Bryan, DeclarG.'t /Appellant Page 177 4 APPEAL EXHIBIT I Page 178 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 May 1, 2017 NOTICE AND ORDER TO REP AIR LEGAL NOTICE of the Building Official of the City of Carlsb~d regarding: ADDRESS: 3745 Adams Street, Carlsbad, California APN: 205-270-13-00 To Whom It May Concern: {'city of Carlsbad The Building Official or designee has made an inspection of this property as authorized by an inspection warrant under California Code of Civil Procedure section 1822.50 et seq. This inspection was made on March 29, 2017, at approximately 9:30 a.m. Using the definitions of substandard conditions found in Section 1001 of the Uniform Housing Code (UHC) and the State Housing Law, inspectors found and determined that substandard conditions exist on this property. These violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered. These conditio:ns and the relevant subsections of Section 1001 of the UHC and State Housing Law are noted in the attached reports. On the basis of these inspections, and under the provision of Section 202 of the UHC, I hereby find, determine and declare the building on this property to be dangerous and a rurr se public nuisance. These substandard conditions must be abated by repair or, at the owner's option, demolition. The building must be repaired/demolished in accordance with the current Building Code and aH other applicable state and municipal code requirements. Before repair or demolition work is begun, you must contact Building Official Mike Peterson to determine what penp.its will be necessary for the required repairs/demolition. Failure to obtain necessary permits will result in the City continuing to view the building as substandard even if repairs have been made. Repair or demolition must commence within 45 days of the date of this Order. All required permits required for repair or demolition must be obtained within 30 days from the date of .this Notice and Order. Repairs or demolition must be completed within 120 days of this.Notice and Order. Failure to commence work or obey this Notice and Order may result m one or more of the following: · • Criminal (misdemeanor) or civil prosecution, including the City petitioning the Court for the appointment of a receiver • My causing the property to be repaired or demolished and charging that cost against the property • My causing the property to be vacated and posted to prevent further occupancy until the work is completed Community & Economic Development Building Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-2700 I 760-602-8560 f I www.carlsbadca.gov Page 179 3745 Adams Street Page2 of10 • Recordation of this Notice and Order Any pers'on having any record title of legal interest in the above referenced property may appeal this Notice and Order or any action of the Building Official. Such an appeal must be made in writing and filed with the Building Official within 30 days of the date of service, which is the day that this Notice and Order was mailed via certified mail. All appeals must also conform to the requirements of Chapter 12 of the UHC, a copy of which has been enclosed with this Notice and Order. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of this matter. If you choose to appeal this Notice and Order, you should read the attachment that explains the tlue pmpose of an appeal. If you have any questions regarding-this Notice and Order, please contact Building Official Mike Peterson at (760) 602-2721, Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays, or in writing at City of Garlsbad, 1635 Faraday Ave., Carlsbad CA 92008. Respectfully, M-~ Mike Peterson Building Official City of Carlsbad Enclosures: Inspection Report UHC Chapter 12 (Appeal) Certified Mail/Return Receipt · Requested Page 180 3745 Adams Street Page3 oflO PROOF OF SERVICE I, __________ declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 1200 Carlsbad Village Drive, Carlsbad, . Califomia 92008. On 2017, at __ a.m./p.m., I served the within documents: NOTICE AND ORDER TO REPAIR 1. D by causing personal delivery of the document(s) list~d above to the person(s) at the address( es) set forth below; or · 2. D by mailing a copy of the document(s) listed above by fast-class, certified mail, postage prepaid, retum receipt requested in the United States mail at Carlsbad, California addressec;l as set forth below; and D by posting the document(s) listed above conspicuously at or upon each exit of the building·atthe property at 3745 Adams St., Carlsbad, California 92008. · Betty Bryan 3745 Adams Street Carlsbad, CA 92008 Catherine Bryan 3745 Adams Street Novelle Financial Services c/o Impac Funding Corp. Attn: Doc Control 1401 Dove Street, Suite 100 Newport Beach, CA 92660 · Carlsbad, CA 92008 Novelle Financial Services 1401 Dove Street Yukiko Sumimoto 4401 Palos Verdes Drive, East Palos Verdes, CA 90275 Yukiko Sumimoto 3 7 45 Adams Street Carlsbad, CA 92008 Equity Partners, LLC 78 Lasenda Laguna Beach, CA 92651 Newport Beach, CA92660 Quality Loan Service Corporation Bounlet Louvan, Agent for Service of Process 411 Ivy Street San Diego, CA 92101 County Records Research, Inc. Sherry Garrels, Agent for Service of Process 4952 Warner Ave. #105 Huntington Beach, CA 92649 Page 181 3745 Adams Street MTGLQ Investor, LP c/o Bill Koch, Select Portfolio Servicing, Inc. 3815 SW Temple Salt Lake City, UT 84115 Cyndahow Investments, LLC c/o Bankers Hill Capital, Inc. 6725 Mesa Ridge Road Suite 204 San Diego, CA 92121 Rick Ardissoni c/o Kokopelli Corporation 3745 Adams St. Carlsbad, CA 92008 Banker's Hill Capital, Inc. 6725 Mesa Ridge Road, Suite 204 San Diego, CA92121 Anthony Chavez c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 Betty Bryan c/o Andrea Millon, Financial Director Kokopelli Community Workshop Corporation 3745 Adams Street Carlsbad, CA 92008 Page4 oflO LaSalle Bank National Association, as trustee c/o Ri_phmond Monroe Group 155li State Highway 13 Branson West, MO 65737 Titan Financial Services, Inc. Thomas C. Harden, Agent for Service of Process 5230 Renaissance Ave. San Diego, CA 92122 Titan Financial Services, Inc. 2907 Shelter Island Drive Suite 105 San Diego, CA 92106 FD C&C Properties . c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 3745 Adams Street, LLC c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 San Diego County Treasurer -Tax Collector 1600 Pacific Highway, Room 162 San Diego, CA 92101 I am readily familiar with the City's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on _______ , 2017, at Carlsbad, California. ---'--------~Name Page 182 37 45 Adams Street Page3 oflO PROOF OF SERVICE r, Flom ~ )a__~+<=--declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the witl:mi»ction; my business address is 1200 Carlsbad Village Drive, Carlsbad, . California 92008. ·on lf IC\(I \ , 2017, at __ a.m./p.m., I served the within documents: · NOTICE AND ORDER TO REPAIR 1. D by causing personal delivery of the document(s) list~d above to the person(s) at the address( es) set forth below; or · 2. by mailing a copy of the document(s) listed above by first-class, certified mail, postage prepaid, return receipt requested in the United States mail at Carlsbad, California addresseq. as set forth below; and D by posting the document(s) listed above conspicuously at or upon each exit of the building-at the property at 3745 Adams St, Carlsbad, California 92008. · Betty Bryan 3745 Adams Street Carlsbad, CA 92008 Catherine Bryan 3745 Adams Street Novelle Financial Services c/o Impac Funding Corp. Attn: Doc Control 1401 Dove Street, Suite 100 Newport Beach, CA 92660 · Carlsbad, CA 92008 Novelle Financial Services 1401 Dove Street Yukiko Sumimoto 4401 Palos Verdes Drive, East Palos Verdes, CA 90275 Yukiko Sumimoto 3745 Adams Street Carlsbad, CA 92008 Equity Partners, LLC 78 Lasenda Laguna Beach, CA 92651 Newport Beach, CA 92660 Quality Loan Service Corporation Bounlet Louvan, Agent for Service of Process 411 Ivy Street San Diego, CA 92101 County Records Research, Inc. Sherry Garrels, Agent for Service of Process 4952 Warner Ave. #105 Huntington Beach, CA 92649 Page 183 3745 Adams Street MTGLQ Investor, LP c/o Bill Koch, Select Portfolio Servicing, Inc. 3815 SW Temple Salt Lake City, UT 84115 Cyndahow Investments, LLC c/o Bankers Hill Capital, Inc. 6725 Mesa Ridge Road Suite 204 San Diego,. CA 92121 Rick Ardissoni c/o Kokopelli Cm::poration 3745 Adams St. Carlsbad, CA 92008 Banker's Hill Capital, Inc. 6725 Mesa Ridge Road, Suite 204 San Diego, CA 92121 Anthony Chavez c/o David S. Fisher, A Professional Law Corporation 5850 CanogaAvenue, Suite250 Woodland Hills, CA 91367 Betty Bryan c/o Andrea Millon, Financial Director Kokopelli Community Workshop Corporation 3 7 45 Adams Street Carlsbad, CA 92008 Page4 oflO LaSalle Bank National Association, as trustee c/o Richmond Monroe Group 15511 State Highway 13 Branson West, MO 65737 Titan Financial Services, Inc. Thomas C. Harden, Agent for Service of Process 5230 Renaissance Ave. San Diego, CA 92122 Titan Financial Services, Inc. 2907 Shelter Island Drive Suite 105 San Diego, CA 92106 FD C&C Properties . c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 3745 Adams Street, LLC c/o David S. Fisher, A Professional Law Corporation 5850 Canoga Avenue, Suite 250 Woodland-Hills, CA 91367 San Diego County Treasurer -Tax Collector 1600 Pacific Highway, Room 162 San Diego, CA 92101 I am readily familiar with the City's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal. Service on that same day with postage thereon fully prepaid in the ordinary course of business I declare under penalty of pe1jury under the laws of the State of California that the above is true and correct. Executed on_(Y'l_· _lA.........,.0_,__ __ ~, 2017, at Carlsbad, California. ~ uJ;J!: Nmne Fl0 <l4 uJA~ te.- Page 184 3745 Adams Street Pages of10 INSPECTION REPORT A site inspection was performed on March 29, 2017, and the following conditions were observed on the property, and the relevant codes are listed below: I. UHC Section 1001: 1001.2 Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are insanitary. Inadequate sanitation shall _include, but not be limited to, the following: 5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. No-'hot running water to plumbing.fixtures; hot water heater not functional; no gas or electrical services to premises. Q. Lack of adequate heating facilities. No heatingfacilities observed; no gas or electrical senices to premises. 10. Lack of required electrical lighting. No electrical senices to premises. 11. Dampness of habitable rooms. Extensive mold growth observed on ceilings and walls of south wing of building; spongy flooring obsened in south wing. 13. General dilapidation or improper maintenance. Evidence of leaking roof observed throughout building; water damage and staining observed on framing members throughout second level; ceiling appears to be collapsing in south wing of building; multiple windows broken/boarded up/covered with tarps. 1001.3 Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following: 4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. Carport post and beam connection appears to lack anchorages; vertical supports of carport are leaning/listing. 6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split or buckle due to defective material or deterioration. Second level addition over rear patio has no visible means of support and is not level/sagging. 1001.4 Nuisance. Bmldings or portions thereof in which there exists any nuisance as defined in this code are deemed substandard buildings. The conditions noted throughout this report constitute a nuisance as de.fined by State law (Civil Code) as well as the Carlsbad Municipal Code (Section 6.16.010 (A), (BJ and (CJ). 1001.8 Faulty Weather Protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection, which shall include, but not be limited to, the following: 2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. Evidence of leaking roof observed throughout building; water damage and staining observed on.framing members throughout second level; Page 185 37 45 Adams Street Page6 oflO ceiling appears to be collapsing in south wing of building; multiple windows br.okenlboarded up/covered with tarps. / 3. Defective lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. Portions of exterior walls are raw wood exposed to weather. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. Evidence of leaking roof observed on south side of second level, including water staining and mold growth. 1001.10 Faulty Materials of Construction. The use of materials of construction, except those that are specifically allowed or approved by this code and the Building Code, and that have been adequately maintained in good and safe condition, shall cause a building to be substandard. Alsynite (a fiberglass roofing material) appears to be used as section of exterior wall in second story addition; portions of exterior walls are raw wood exposed to weather; potential unreiriforced masonry observed 1001.11 Hazardous or Insanitary Premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials'or conditions on a premises constitutes fire, health or safety hazards that shall be abated in accordance with the procedures specified in Chapter 1 j of [the UHC]. Heavy growth of weeds, an accumulation of junk, debris, litter, discarded furniture and construction materials, and probable rat harborages were observed in the out<Joor areas· of the premises. 1001.14 Improper Occupancy. All buildings or p.ortions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for such occupancies shall be considered substandard. The kitchen appears to have been removed and food preparation appears to occur in the patio area outside the structure; mattresses and bedding was observed throughout the building in areas not designed or intended to be used as sleeping quarters. Il. California Health and Safety Code section 17920:3 -Substandard Buildings Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be_ a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (3) Lack of, or improper kitchen sink. No kitchen sink was observed (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. No hot running water to plumbingfzxtures; hot water heater notfimctional; no gas or electrical services to premises. (6) Lack of adequate heating."No heating facilities observed; no gas or electrical services to premises. (10) Lack ofrequired electrical lighting. No electrical services to premises. Page 186 3745 Adams Street Page7 oflO (11) Dampness of habitable rooms. Extensive mold growth observed on ceilings and walls of south wing of building; spongy flooring observed in south wing. (13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined iri Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. Extensive mold growth observed on ceilings and walls of south wing of building. (14) General dilapidation or improper maintenance. Evidence of leaking roof observed throughout building; water damage and staining observed on framing members throughout second level; ceiling appears to be collapsing in south wing of building; multiple windows broken/boarded up/covered with tarps. (16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code. Solid waste and recyclable materials were observed in piles throughout the rear and side yards, not placed in the proper receptacles. (b) Structural hazards shall include, but not be limited to, the following: (2) Defective or deteriorated flooring or floor supports. Spongy flooring observed in south wing. ( 4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. Carport post and beam connection appears to lack anchorages; vertical supports of carport are leaning/listing. (6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. Second level addition over rear patio has no visible means of support and is not level/sagging. (g) Faulty weather protection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. The ceiling on in the second story of the south wing appears to be collapsing. (2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors. Evidence of leaking roof observed throughout building; water damage and staining observed on framing members throughout second level; ceiling appears to be collapsing in south wing of building;· multiple Windows broken/boarded up/covered with tarps. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. Portions of exterior walls are raw wood exposed to weather. ( 4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. Evidence of leaking roof observed on south side of second level, including water staining and mold growth. (i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition. Alsynite (a fiberglass roofing material) appears to be used as section of exterior wall in -second story addition; Page 187 3745 Adams Street Page8 of10 portions of exterior walls are raw wood exposed to weather; potential unreiriforced masonry observed G) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and· similar materials or conditions constitute fire, health, or safety hazards. Heavy growth of weeds, an accumulation of junk, debris, litter, discarded farniture and construction materials, and probable rat harborages were observed in the outdoor areas of the premises. (k) Any building .or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. The building is an unsafe building due to inadequate maintenance based on the totality of the building-related violations set forth in this Inspection Report. · (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. The kitchen appears to have been removed and food preparation appears to occur in the patio area outside the structure; mattresses and bedding was observed throughout the building in areas not designed or intended to be used as sleeping quarters. ID. Carlsbad Municipal Code 18.04.015 Sections 105.1 and 105.2 amended-_Permits required. Sections 105.1 and 105.2 of the California Building Code are amended to read as follows: 105.1 Permits Required. Except -as specified in Section 105.2 of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. The structure appears to have been enlarged, altered, repaired, and converted without first obtainJng a building permit, including apparent unpermitted construction observed in the stairway at the south side of the residence (inadequate headway}, the bedroom additions at the rear of the building and patios (lack of structural support and proper framing), and carport (second story doorway leads to carport surface but lacks railings and carport post and beams lack anchorage). 21.44.060 Off-street parking-Residential zones. A. In all residential zones the following parking regulations shall apply: 2. Required parking spaces for dwelling units shall be located subject to the following: TableE Inoperable Vehicles Storage or parking of inoperable, wrecked, dismantled or abandoned vehicles shall be regulated by Chapter 10.52 of this code, with the following exception: For one-family dwellings on individual lots, not more than two vehicles in any inoperable, wrecked or dismantled condition may be parked in the side yard or rear yard while said vehicles are being repaired or restored by the owner of the property, provided the vehicles are visually Page 188 37 45 Adams Street Page9 of10 screened from the public right-of-way. The property has residential zoning (Rl) and more than two inoperable vehiclr!s are parked in the side and rear yards. Inoperable vehicles in excess of two (2) must be moved to a location consistent with Table E of Section 21.44. 060. 6.08 Solid Waste 6.08.030 Containers generally. A. No person shall dyposit, keep or accumulate any solid waste in or upon any public or private premises unless enclosed in containers. Such containers shall be provided by the franchisee. The containers will remain the property of the franchisee. Every person occupying or having control of any such premises shall insure that a sufficient number of containers are available to properly store all solid waste generated at said premises. B.. No person shall deposit, keep or accumulate any recyclable materials in or upon any public or private premisys unless enclosed within a recyclable container. Solid waste and recyclable material$ were observed in piles throughout the rear and side yards, not placed in the proper receptacles. 6.12.040 Regulations for accumulation. B. No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes, except in accordance with all of the following regulations: 1. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests; 2. The accumulation shall not be strewn about or maintained in an unsightly condition; 3. The accumulation shall be maintained so as not to constitute a fire hazard; 4. Any accumulation of junk maintained on a lot for more than 30 days shall, from and after the thirtieth day of such accumulation, be stmed in opaque containers; 5. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health,· safety or welfare; 6. The accumulation shall not be a source of pollutants to stormwater or the stormwater conveyance system as defined in Chapter 15.12. Heavy growth of weeds, an accumulation ofjunk, debris, litter, discarded furniture antl construction materials, and probable rat harborages were observed in the outdoor areas of the premises, that are also a potential source of pollutants to stormwater. 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[Jfi1• ~ilimm: ofSe.:illo1~,i10I oodUOl shaEJ >!loo~!liUI~ il.'N'.lim of!fuc ri.ll,iJt Ill' l'.!al-ooministrm..~ 11;-<iitnl! mlT adj~Cl)tiart nf 11)~ tlo'tl\.':t i!JYf.omerm:tJ)a11yp;:,mca.dae-1Teof •. ~®C!iil 1200"'""'600.P.EOFH~NG ON it:IP~ On!,.~ rn/rtt,m;-or ~~!l Sr)e~m;ill.)' mi&')J:J oy itl!e i!ippdl"TI!l ilpill q.s4:citlsl'd;;~ :i.r the fa:mm1g Qi' 1ltd l)f.pi~t, ~rumo~ ;j:~M=S-TAvtN~ 9F 0.RllER U.NDEFI -APPM:t. ·-~-fw ·'liJtmto.n ,-riidtni :l]l(\00 pUtii1;not ll'J s_ooaon 1104, iih= hi:1:a-m:_-illtd .11m.J mad1:t lini1 °"-oo: of ta:: bml\:iiil.9 -0.ffici;,;-J fus!!w ,u~der thl!i.i1;1~~fil! b,f,,stayed illlliil)! ll,e ~arlml'}' af "-'tapp::al -Iliedlu:Om fuat iS ~mpi?lly ~~ li,;ir.iy lf,illeil, · Page 190 5 APPEAL EXHIBIT II Page 191 l Catherine B1yan 3745 Adams Street 2 Carlsbad, California 3 Telephone: 619-694-8452 4 Plaintiff In Pro Se 5 6 7 8 UNITED STATES DISTRICT COURT -g- 10 11 12 13 14 15 16 -----· ------_ --sotITHERN-UlSTRI-CT OF CALIFORNIA CATHERINE BRYAN, . Plaintiff, V. CITY OF CARLSBAD, a charter city and 17 municipal corporation; SCOT J 8 RUDINGER, individually and in his capacity as code officer for the City of 19 Carlsbad; DOES individuals 20 1-100, inclusive, consisting of all other 21 persons and entities unknown colluding against plaintiff1s physical possession of 22 the real prope1iy described int the 23 complaint adverse to Plaintiffs residency, does. Defendant(s). Case No. 17cv0697-LAB-BL PLAINTIFF'S EXP ARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE (SUPPORTING NOTICE OF LODGMENT; MOTION FOR JUDICIAL NOTICE; SUPPORTING AFFIDAVITS; MEMORANDUM OF POINTS AND AUTHORITIES FILED CONCURRENTLY HEREWITH) JUDGE: Hon. Larry Allen Burns DEPT:Courtroom 9 HEARING: ex parte 24 25 26 Plaintiff Catherine B1yan ("Plaintift1') hereby applies ex parte to the Court_, pursuant 27 28 to Federal Rule of Civil Procedure 65, Title 42 U.S.C. §§ 1983, 1985; Title 28 U.S.C. § 1343(3); Title 28 U.S.C. § 2283; and Title 28 U.S.C.§ 165l(a); for issuance of a APPLICATION FOR TRO AND ORDER TO SHOW CAUSE I 17cv0697 Page 192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Temporary Restraining Order and Declaratory Judgment pursuant to 28 U.S.C. § 2201; enjoining Defendants Scot Rudindger, and City of Carlsbad ("City"), and all of Defendants' respective agents, employees, and attorneys, from further prosecuting City's NOTICE AND ORDER TO REPAIR, dated May 1, 2017, and for an Order to Show Cause why a preliminary injunction should not issue; enjoining Defendants' current plan to Condemn and Demolish Plaintiff Catherine Bryan's ("Plaintiffs") historic adobe family home of 65 years [see Exhibit I, of Notice of Lodgment filed concurrently herewith], prior to a pending hearing on oral arguments in Appeal Number 13-5661, in the Ninth Circuit Court of Appeals, that stands to determine whether title and equity of the property located at 3745 Adams Street in Carlsbad California ("subject prope11y") must be returned to Plaintiff Catherine Bryan. This application is brought within the meaning of the due process, equal protection and just compensation clauses of the Fourth and Fifth Amendments to the United States Constitution, for Defendants' continuing pattern and practice of violations. Plaintiff Catherine Bryan applies ex parte, for a Temporaiy Restraining Order, until she has had sufficient time to conduct appropriate discove1y in preparation for a preliminary injunction heai·ing ai1d this Comt issues a ruling on its Order to Show Cause Why a Preliminaty Injunction Should Not Issue. This application challenges the constitutionality of Defendai1ts' cutTent application and usage of CALIFORNIA STATE HOUSING LAW; HEALTH AND SAFETY CODE DIVISION 13, ("the ACT") enacted in 1965, when improperly used to threaten to condemn and demolish, an older, family occupied home, such as Plaintiff's historic City of Carlsbad adobe home, which the pertaining City of Carlsbad records, establish, was built by Plaintiff's father, over a time period commencing in 1953, with a final building inspection obtained when Plaintiff's home was completed in 1957. APPLICATION FOR TRO AND ORDER TO SHOW CAUSE 2 17cv0697 Page 193 On May 1 _, 2017, defendants retaliated, for Plaintiffs October 3, 2017 Notice of Claim, 2 through an improper and procedurally defective, issuance of yet another NOTICE OF 3 4 5 6 7 8 9 10 11 12 13 ORDER TO REPAIR once again, threating to condemn and demolish Plaintiffs family home of 65 years. This application concurrently challenges the constitutionality of Defendants' cmTent application and usage of CALIFORNIA STATE HOUSING LAW; HEALTH AND SAFETY CODE DIVISION 13, ("the ACT") enacted in 1965, pursuant to well settled and binding legal precedents for granting injunctive relief against State Court Proceedings, under these circumstances. (See, e.g., In re Gen. Motors Corp. Pick- Up Truck Fuel Tank Prods. Liab. Litig., (3d Cir. 1998)134 F.3d 133, 143) holding "If an injunction falls within one of these three exceptions, the All-Writs Act provides the positive authority for federal courts to issue injunctions against state comi 14 proceedings."). (Chick Kam Choo v. Exxon Corp. (1988) 486 U.S. at 146); (see also 15 Atlantic Coast L. R. Co. v. Engineers (1970) 398 U.S. at 295) holding that exceptions to 16 the Anti-Injunction Act, "imply that some federal injunctive relief may be necessary to 17 prevent a state comi from so interfering with a federal court's consideration or 18 19 20 21 22 23 disposition of a case as to seriously impair the federal comt's flexibility and authority to decide that case." This application is made on the further grounds as are set forth in the accompanying Memorandtun in Suppo1t and exhibits attached thereto; the affidavits in suppo1t; the Motion for Judicial Notice filed concurrently here,vith; and all pleadings and papers filed in this action; the argument of counsel at or before a hearing regarding this 24 Application or the hearing regarding the Order to Show Cause and preliminary injunction 25 26 27 28 requested herein. Dated: May 22, 2017 by~4b~ Catherine Bryan, Plaintiff In Pro Se APPLICATION FOR TRO AND ORDER TO SHOW CAUSE 3 17cv0697 Page 194 I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEET AND CONFER CERTIFICATION Declaration of Catherine Bryan On the date of May 9, 2017, I ("plaintiff') executed and then caused to be delivered, to Defendants Scot Rudinger, and City of Carlsbad c/o Attorney for City of Carlsbad Office of the Clerk for City of Carlsbad 1200 Carlsbad Village Drive, Carlsbad California, a six page communication entitled; "Civil Case No. l 7cv0697-LAB-BL, a request for conference bet\veen counsels," ( copy of request has been attached to this application as exhibit I) therein explaining, in detail, the proposed date and substance of this ex pa1ie application, and therein providing my ("plaintiff's) contact information by telephone and also suggesting that I "Plaintiff' was prepared to immediately meet in person, in order to more fully discuss the ex parte Application, and further asking to be informed by telephone, immediately_, as to whether Defendants plan to oppose this ex parte application. It is now more than two weeks later, and Defendants have neither, appropriately contacted me "Plaintiff' by telephone, nor provided me with a time to when Defendants might be able to meet and confer. Consequently I , [Plaintiff] have no idea as to whether Defendants plan to oppose this ex parte Application. I declare under penalty of perjury under the laws of the State of California that the foregoing declaration is true and correct. Executed on this day ofMay 22, 2017. APPLICATION FOR TRO AND ORDER TO SHOW CAUSE 4 17cv0697 Page 195 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT I APPLICATION FOR TRO AND ORDER TO SHOW CAUSE 5 17cv0697 Page 196 Catherine Bryan; 3745 Adams Street, Carlsbad Ca. 92008 May 9, 2017 Sent Via Prioritv Mail Defendants Scot Rudinger, City of Carlsbad c/o Attorney for City of Carlsbad Office of the Clerk for City of Carlsbad 1200 Carlsbad Village Drive 92008 Re: Case No. 17cv0697-LAB-BL, request for conference between counsels. Dear City Attorney, Please clarify as to whether you also represent the interests of Defendant Scott Rudinger, as well as City of Carlsbad, in Federal District Court Case No. 17cv0697- LAB-BL. Please be advised, that letter serves as Plaintiff's Meet and Confer request before requesting a hearing date and then filing; PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; REQUEST FOR AN EVIDENTIARY HEARING. Please kindly let plaintiff know, through your response to this communication, if you represent the interests of each defendant named in this matter, and as to whether you plan to oppose Plaintiffs' ex parte motion praying for immediate injunctive relief from defendants' May 1,017, NOTICE AND ORDER TO REPAIR, through a temporary restraining order, order to show cause, and concurrent application for a hearing date on Plaintiff's Motion for preliminary injunction; enjoining all defendants, and each of them, and their agents, servants, and employees, and all persons acting under, in concert with, from continuing to violate Plaintiffs fundamental constitutional right to be free from illegal searches, obviously conducted for the purpose of exaggerating and falsely alleging numerous defects in Plaintiffs home, for the wrongful purpose of obtaining an inspection generating a MANDATORY NOTICE AND ORDER TO REP AIR, solely in order to advantage the economic interests of certain parties who, are keenly aware that Plaintiff has been temporarily economically disadvantaged by MTGLQ unlawful failure to return her properties' title and equity as required by federal law, subsequent to equity stripping of over $3,500,000 of Plaintiff's rightful remaining equity; the very same parties who has taken numerous adverse actions, to force Plaintiff to abandon her home of 65 years, and valuable acre of City of Carlsbad property so that it can be immediately sold. Plaintiffs motion will pray for temporary relief, from defendants' ongoing conspiracy to misuse municipal ordinances, to force her out of her home, in order to preserve plaintiff's right to peaceable enjoyment of her home, during the pendency of this action. 58-2017 1 of6 Page 197 May 9, 2017, Meet and Confer Request Like Plaintiffs' complaint, plaintiffs application for injunctive relief brings a Substantive Due Process Challenge to Defendants' current ongoing widespread practice and policy, of routinely misusing and abusing municipal ordinances, to favor the interests of MTGLQ Investors L.P ., and similar wealthy individuals and entities, who seek to misuse municipal ordinances to cheaply acquire privately owned City of Carlsbad property, for pennies on the dollar. As provided in plaintiffs related crime report, filed on May 8, 2017, with the U.S. Department of Justice, Civil Rights Division Housing and Civil Enforcement Section, plaintiff anticipates that investigating authorities will conduct an audit and independent inspection of Plaintiffs home, for the purpose of establishing the absurdly false and exaggerated nature of the majority of the defects listed in Defendant's NOTICE OF ORDER TO REPAIR dated May 1, 2017. By now defendant City of Carlsbad, has received Plaintiffs' courtesy letter dated May, 8. 2017, and thus understands that pursuant to a Federal Bankruptcy Court determination, none of the other parties, defendant's elected to name, and may or may not have served, with all the pertaining required legal notices, in Civil Case 37-2017-00009487-CU-PT- NC has any legal equitable interest in Plaintiffs home of 65 years located at 3745 Adams Street, in Carlsbad California, as each of the junior liens was classified as fraudulent and unsecured, by Federal Judge Laura Taylor, in bankruptcy case No.08- 11256 T 13, back in October of 2009. Thus City of Carlsbad, has been advised that the sole remaining parties with any legal interest in Plaintiffs home and contiguous acre of land currently valued at over $4,000,000 are; Catherine Bryan and entity MTGLQ Investors L.P., who illicitly attempted to foreclose on property valued at $4,000,000 through the alleged foreclosure sale, from itself, to itself, and its alleged purchase of property valued at $4,000,000.00, for only $500,000. The legal basis for Plaintiffs' Motion is Defendants' ongoing Substantive Due Process Violations. For example, today, plaintiff traveled to the State of California North County Division of San Diego Superior Court and purchased the entire 72 pages case file for Civil Case 37-2017-00009487-CU-PT-NC. The only Notice Plaintiff received of any of the multiple actions and decisions in Civil Case 37-2017-00009487-CU-PT-NC, was plaintiffs copy of a two page Inspection Warrant delivered on March 28, 2017. According to memorandum of law, signed by Carlsbad Official Officer Hickerson, Carlsbad attempted to convince the Court, that Plaintiff should not be Noticed all, because Plaintiff could easily hide and conceal her code violation problems??? Civil Case 37-2017-00009487-CU-PT-NC, appears to have commenced on the date of March 17, 2017, and no notice of the hearing was been provided to Plaintiff. Plaintiff has never been served, as required by law, notified at any juncture of the legal action [other than with two page Inspection Wanant] up to including the case's recent reassignment to Judge Stem in San Diego. By now you are additionally aware of how Thomas Arthur Charbonneau, who lives in Oceanside California, pretended to be local a Carlsbad neighbor when he contacted code enforcement making fraudulent and false complaints about Plaintiffs prope1ty. 59-2017 2 of6 Page 198 May 9, 2017, Meet and Confer Request Plaintiff's letter corutesy letter of May 8, 2017, contained one enor however, a criminal complaint for fraud, forgery and grand theft auto, was made to City of Oceanside Police (not Carlsbad Police) on May, 7, 2017, today Oceanside DMV, additionally rep01ted Thomas Arthur Charbonneau for fraud and forgery, involved in criminally taking Sonja Dector' s vehicle in retribution for her witness testimony rep01iing facts of Thomas Arthm Charbonneau false reports to code enforcement designed to obstruct Plaintiff's property interests, solely because he (Thomas Arthur Charbonneau) seeks to punish Plaintiff's son, for living with his (Thomas Althur Charbonneau's) ex-girlfriend of27 years. It is only now that Plaintiff has had a chance to review, the deliberately false statements made by City of Carlsbad Official Officer Hickerson, to a Judicial Officer, in order to obtain an inspection wan-ant on absurdly false pretexts. In order to defend Plaintiff from Defendants' arbitrary and unjust adverse condemnation of her home, Plaintiff has recently an-anged to obtain an independent inspection and evaluation of the condition her prope1iy and home. This is because Scott Rudinger, has actively persecuted Plaintiff for many years now, endeavoring to punish Plaintiff for reporting Rudinger to law enforcement, for his continuing corrupt practices, including, but not limited to, :frequently taking bribes from homeowners seeking to avoid inspections, and financial crimes dming the housing crises, of misusing code violations, to facilitate predatory lending scams, and embezzlement. Plaintiff's Motion will be supported by judicial notice of evidence, relevant for the purpose of establishing that City of Carlsbad and Scott Rudinger, have been creatively attempting to create insurmountable financial challenges for the purpose of removing Plaintiff from her home of 65-years, through falsifying dilatory reports about wrongfully alleged Health and Safety violations at her home, to serve the interests ofMTGLQ who seeks to remove Plaintiff from her home, in order to take a quick hostile adverse possession of and then demolish her home and sell her off her $4,000,000 property. As a consequence, Plaintiff has ananged for an independent evaluation of the condition of her home for the purpose of establishing all of the following facts; (1) her home is quite clean, well-kept and orderly, as are all its sun-ounding grounds; (2) Plaintiff has frequently the victim of illegally dumped construction materials, old furniture mattresses and agricultural waste, which plaintiff routinely has to remove to the rear of her property, until she can arrange to pay someone to remove, to the City Dump (at least twice a month) or by means of the numerous 40 foot roll-offs rented by Plaintiff at substantial out of pocket costs, from Coast Waste Management. The photographs attached to support Carlsbad's petition for an inspection warrant, appear to be photographs of piles of such trash and debris, consolidated for removal by truck, just before their removal. Facts plaintiff can easy establish to the federal district Court through testimony of contractors who removed the debris and their related receipts;(3) Plaintiffs septic tank is relatively new, rebuilt in 2005, at a cost of $70,000 and completely functional, plaintiff can provide both the licensed contractor's contract to install the septic tank and its proof of payment; (4) no individuals have, at any point, resided in the two trailers, located on Plaintiffs property which; a) are solely used for storage of tools and agricultural equipment b) are not visible from the city street; (5) 59-2017 3 of6 Page 199 May 9, 2017, Meet and Confer Request Plaintiff recently removed her two greenhouses plastic covers so that anyone can easily ascertain they are greenhouses, and not being used, and never been used as residential tents; (6) plaintiff house has literally hundreds of windows and unknown paities often vandalize her property, frequently throwing rocks and breaking windows during the night. So At least three windows are cmTently boarded up until they can be replaced. The boarded up windows ai·e not visible from the street; (7) Plaintiff maintains an attractive inside patio where she frequently enjoys preparing meals on her patio stove. However, Plaintiff also has a fully functional kitchen including a sink with running water; (8) City of Carlsbad cannot require plaintiff to contract for purchase of electricity with Sempra; all her lighting, which is considerable, is either solar powered or battery powered; and adobe houses such as Plaintiffs, stay quite wmm in the winter and cool in the smnmer. Plaintiff's father obtained all the proper inspections when he finished building her house 1957 , and no inspector has ever previously alleged that an adobe home must be heated; (8) since Plaintiffs mother was removed to hospice cai·e, the north wing of the house, has a roof which has started leaking and become water dainaged. This area is not connected to the rest of the house, and is currently unoccupied. There are no leaks or water damage in any other areas of Plaintiff's home; (8) Plaintiffs water is heated by a propane tank and her kitchen is similarly powered with propane. The doctrine of substantive due process holds that the Due Process Clause not only requires basic procedural rights, but that it also protects substantive rights, like plaintiff's power to live as she chooses within her private residence e.g. without contracting for purchase of electricity from SEMPRA and without implementing home repairs, such as the roof of the north wing, until she can afford it, and otherwise enforce Plaintiffs constitutional right to reasonable expectation of privacy within her own private residence. Please Note; Substantive due process is a legal doctrine holding that the Stlt and 14th Amendments require all govemmental intrusions into fundamental rights and liberties he fair and reasonable and in furtherance of a legitimate (emphasis) governmental inte1·est. The U.S. Supreme Court during the middle of the 20th Century used substantive due process to give added force to the 4th, 5th and 6th Amendments of tlte U.S. Constitution by constraining certain actions by law enforcement, prosecutors, and judges. The Substantive due process was enacted to protect the public from arbitrary governmental action, regardless of the p1·ocedures used to implement it. Substantive due process is related to the concept off airness beyond the constitution and must he decided through a Fundamental Rights/Compelling Need Test. In order to support Plaintiffs claim for Defendants' Substantive Due Process violations, plaintiff will prove and establish, at her evidentiary heai"ing supporting PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION, as to how, on the date ofMai·ch 17, 2017, without properly noticing plaintiff, Defendants' obtained a judicial inspection warrant, without probable cause, by taking multiple photos of refuse consolidated for removal by truck, ( not observable from the street, and toward the back of plaintiff's property) that Carlsbad Municipal Officials, who were cgde enforcement officers, knew full well was removed within two days of its consolidation, further falsely alleging that Plaintiffs fully functional septic system was faulty, and that Plaintiff 59-2017 4 of6 Page 200 May 9, 2017, Meet and Confer Request was wrongfully engaged in making electrical repairs without permits, and/or building new structures without permits, no running water, people living in tents or in trailers, among other completely false, and unsupportable justifications for issuance of an inspection wru.rnnt, improperly and falsely made to a N01th County Superior Court judicial officer. Plaintiff will demonstrate to the Federal District Court, as to how Plaintiff was provided with no opp01tunity to attend the March 17, 2017 hearing in Civil Case 37-2017-00009487-CU-PT-NC, and thus had no chance to establish to the court, that defendants' statements were false, and as a result, Plaintiff was substantially deprived of due process. Thereafter, as established by the testimony of five non-party witnesses at 10 am on the date of Mru.·ch 29, 2016, defendants conducted an invasive, gun point, forcible Health and Safety Inspection of Plaintiff's home, that was remru.·kably similar to defendant's 2005, Health and Safety Inspection, where threats of municipal condemnation, along with hundreds of thousands of dollars of"mandatory home repairs" were similarly used, in just the same way, by these same defendants, in order to intimidate, frighten and coerce plaintiff and her [then] 84 year-old mother, to quickly commit to an unfavorable and predatory home improvement loan, where thereafter the loan officers embezzled all the loan funds without paying off the home improvement contractors. Leaving plaintiff to fight a prolonged and impoverishing, twelve year comt battle, essential in order to stay in possession of her home and regain her missing equity. A battle that is not concluded, but is still ongoing today. The Fourth Amendment provides that: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (United States Constitution amendment IV.) The Fourth Amendment prohibition against unreasonable searches protects against warrantless intrusions during civil as well as criminal investigations. (Marshall v. Barlow's Inc., (1978). 436 U.S. 307,312. "If the government intrudes on a person's property, the privacy interest suffers whether the government's motivation is to investigate violations of criminal laws or breaches of other statutory or regulatory standards." Id. The leading case on the issue ofwarrantless administrative searches is Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1967). Camara involved a tenant who refused to consent to an inspection of his property by municipal housing officials. The tenant was an-ested for refusing to allow a lawful inspection. Id. at 526. The tenant argued that the section of the housing code that authorized municipal officials to enter a private dwelling without a search warrant and without probable cause to believe that a violation of the housing code existed was a violation of the Fourth and Fourteenth Amendment. Id. at 527. The Supreme Comt agreed and held that warrantless searches of residential property by municipal inspectors violated the Fourth Amendment protection against unreasonable searches and seizures. Id. at 528. 59-2017 5 of6 Page 201 May 9, 2017, Meet and Confer Request The Court reasoned that "administrative searches of the kind at issue here are significant intrusions upon the interest protected by the Fourth Amendment, that such searches when authorized and conducted without a warrant procedure lack the traditional safeguards which the Fourth Amendment guarantees to the individual[.]" Id. at 534. Factor of irreparable hmm can be easily established; as Plaintiff is a medically challenged and disabled elderly individual, living on a small ($828.00) monthly social security pension with no financial means to relocate. In light Defendants' cmTent plans to destroy and demolish Plaintiff's home of 65-years as soon as 120 days, if she cannot afford to open permits, pay for inspections, and fund hundreds of thousands of dollars of " required mandatory upgrades" to her home, Plaintiff would like to request a hearing date as soon as possible, no later than Friday May 12, 2017. If you would like to meet in person to discuss these issues please indicate a time and date. Otherwise Plaintiff can be immediately reached by telephone at (619) 694 8452, Please let Plaintiff know if the attorney for the City of Carlsbad, also represents Defendant Rudinger, or if she must contact him separately, and as to whether Defendants' plan to oppose Plaintiffs motion, as provided above. Very Truly Yours, &~~ Catherme Bryan 59-2017 6 of6 Page 202 2 3 4 5 6 7 8 9 10 11 12 13 14 15 · 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that the date of May 26, 2017, I mailed a copy of the foregoing pleading to Defendants Scot Rudinger and City of Carlsbad; care of their attorney representative; Daley & Heft; Attorneys at law, 462 Stevens Ave, suite 201, Solana Beach, California 92075 Executed on this day of May 26, 2017 By: Yd%5it=-~ Duncan Faulkner APPLICATION FOR TRO AND ORDER TO SHOW CAUSE 6 17cv0697 Page 203 6 APPEAL EXHIBIT III Page 204 1 Catherine Bryan 3 7 45 Adams Street 2 Carlsbad, California 3 Telephone: 619-694-8452 4 Plaintiff 5 6 7 8 9 10 In Pro Se UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 Case No. l 7cv0697-LAB-BL 12 CATHERINE BRYAN, Plaintiff, V. 13 14 15 16 CITY OF CARLSBAD, a charter city and 17 municipal corporation; SCOT 18 RUDINGER, individually and in his capacity as code officer for the City of Carlsbad; DOES individuals 19 20 21 22 23 24 25 26 27 28 1-100, inclusive, consisting of all other persons and entities unknown colluding against plaintiffs physical possession of the real property described int the complaint adverse to Plaintiffs residency, does. Defendant(s). DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE (SUPPORTING NOTICE OF LODGMENT; SUPPORTING REQUESTS FOR JUDICIAL NOTICE; FILED CONCURRENTLY HEREWITH) JUDGE: Hon. Larry Allen Burns DEPT: Courtroom 9 HEARING: ex parte DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PAR TE APPLICATION 17cv0697 -1- Page 205 1 AFFIDAVIT OF DUNCAN FAULKNER 2 I, Duncan Faulkner, declare all that following statements are true and con-ect 3 and made according to my personal knowledge. 4 5 1. I am the son, and caregiver for Catherine Bryan, whose home stands to be 6 destroyed and demolished by City of Carlsbad as soon as June 15, 2017. 7 8 2. In January of 2017, my girlfriend, Jean Ann Sauers and I, who currently reside at 9 13 Shell Road, in Mill Valley California, temporarily moved into my mother's 10 home at 3745 Adams Street in Carlsbad California, at the recommendation ofmy 11 12 mother's physician, Dr. Dilliard, pursuant to the increasing health challenges 13 causing my mother to need assistance with ordinary household tasks. 14 15 3. My mother; Catherine Bryan, and my girlfriend; Jean Ann Saucer, and I are the 16 only individuals residing at our family home located at 3 7 45 Adams Street in 17 Carlsbad California. 18 19 4. When we arrived in January of 2017, I discovered that my mother had once again 20 been the victim of illegally dumped trash, furniture and construction waste. 21 22 5. I have frequently been called upon to remove and chase way vagrants illegally 23 camping out on my mother's property. In order to discourage trespassers, last 24 October, I erected fences blocking off the driveway, and posted clearly visible no 25 26 trespassing signs. (see my photographs attached as exhibit I to this affidavit.) 27 28 -2 - DUNCAN FAULKNER'SAFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION Page 206 1 6. I have steadily worked, on a daily basis, to remove massive amounts of illegally 2 dumped trash, old broken furniture and agricultural waste materials, from my 3 4 mother's property, truckload by truckload, at considerable out of pocket expense, 5 since I have anived to my mother's home in January of 2017. 6 7. I have carefully scrutinized the City's Code Violation list ofMay 1, 2017, and 7 8 believe an independent evaluation, can establish the alleged list of public nuisance 9 problems, to be substantially false. 10 11 8. For instance, I have personally consolidated all the illegally dumped waste, to a 12 much concealed area, well away from public view, and then progressively remove 13 the debris, truckload be truckload, as proved and established by my City Dump 14 15 receipts attached to this affidavit as exhibit II. 16 9. My mother's property is quite clean and attractively maintained, as I routinely 17 18 prune and maintain the landscaping, clean my mother's property and cut down all 19 weeds. 20 10. The interior of our house is clean and dry, and not damp and deteriorated, and 21 22 there is no water damage, other than in the south wing which is currently 23 unoccupied. 24 11. There are no extra-cunicular mattresses lying around, and only two of the four 25 26 bedrooms are cunently occupied. 27 28 - 3 - DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PARTE APPLICATION Page 207 1 12. I have frequently been employed to build fences, and repair roofs, and soon as I 2 complete all the required trash and waste removal, I plan to obtain all the proper 3 4 permits and assist my mother by commence all the required repairs to the roof, as 5 a family member and owner builder, which is allowed by law. 6 13. Within the next three to six months I believe I will be able to complete all the 7 8 required repairs to the south wing roof and interior. No other roofs leak and there 9 is no other water damage, and contrary to the City's findings, there is no septic 10 11 problem. 12 14. The current deadline imposed by the City of Carlsbad's NOTICE OF ORDER 13 TO REPAIR, of May 1, 2017, is completely unfair to our family, and in my 14 15 opinion arbitrary, suspect and unreasonable. 16 15. Previously, from December 2013, until January of 2015, a number of my friends 17 and I were asked to serve as house sitters, in my mother's home, including my 18 19 previous girlfriend, Elisabeth Cline, and her mother, Sandra Cline, Michael 20 Troupe, Jesus Torres and a number other friends, when my mother departed to 21 22 care for Peggy Scott, in Lancaster Calif01nia, who was suffering from progressive 23 condition of Alzheimer's Disease. 24 16. When I arrived to house-sit in 2013, my mother's large back yard at 3745 Adams 25 26 Street was literally filled to the brim with agricultural and construction waste that 27 had been illegally dumped on her property by a large truck, that my next door 28 - 4 - DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PARTEAPPUCATION Page 208 1 neighbors observed, frequently pulled up to the wall separating my mother's 2 prope1iy from Saint Patrick's Parish Church parking lot, around 3 or 4 am, 3 4 massively tossing refuse and agricultural waste into her yard, over the fence. 5 17. This type of illegally dumping only mysteriously commenced in 2010, just 6 subsequent to my mother prevailing in her jury trial. (PJN exhibit I) 7 8 18. I have come to the conclusion that my mother is being systematically criminally 9 harassed by individuals who would like to create unfair financial challenges 10 11 through code violations, strategically designed to force my mother to abandon 12 possession of her home. 13 19.My friends and I filled many individual truck loads and several 40 foot roll off 14 15 dumpsters rented from Coast Waste Management at a total cost of well over 16 $3,000.00 over the period of time from 2013-2014. 17 18 20. I was only 16-years old and living with my mother in 2007, when I personally 19 watched the contractor who installed her new septic tank. 20 21. When my girlfriend, Jean Ann Sauers, left her ex-boyfriend, Thomas Arthur 21 22 Charbonneau, he became enraged and made many threats against both of us, 23 including threats to physically harm us, and harm my family. (see affidavit of Jea 24 Ann Sauers filed concurrently herewith) 25 26 22. We recently learned, from the sworn testimony of witness Sonja Dector, that 27 Thomas Arthur Charbonneau made several false complaints against my mother's 28 - 5 - DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PARTE APPLICATION Page 209 1 property, to the Carlsbad Police Department and Code Enforcement Department 2 pretending to be a local neighbor and bragged about being responsible for a 3 4 pending police raid on our home, just before it happened. 5 23. At approximately 10 am, On March 29, 2017, I heard someone pounding at the 6 front door of my home at 3745 Adams Street, in Carlsbad California. 7 8 24. When I opened the door, I encountered two individuals in Special Forces gear 9 and bullet proof vests pointing guns at me .. These individuals stated that they were 10 law enforcement officers, and then instructed me to go back inside my home, 11 12 where four more, identically dressed Special Forces officers, were already inside, 13 and had seized my girlfriend, Jean Ann Sauers, and my friend, Michael Troupe, 14 15 having entered from the back of our home without knocking. 16 25. Two more officer brought in my friend Danny Estrada, at gun point, from our 17 18 back yard where he had been helping me clean up debris. The officers instructed 19 us [Jean Ann Sauers, Michael Troupe, Danny Estrada and myself] to stay in one 20 isolated area while they searched our home, room by room. 21 22 26. When the officers finished their search, approximately two hours later we [Jean 23 Ann Sauers, Michael Troupe, Danny Estrada and myself] were released from 24 25 custody and allowed to go where we wished. 26 27. This procedure, especially the multiple guns, seemed rather extreme for a simple 27 Health and Safety Inspection that no one was objecting to or obstructing. 28 - 6 - DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION Page 210 1 28. I cannot understand how Thomas Arthur Charbonneau, could have had inside 2 knowledge, in advance of the March 29 raid on our home, unless he [Thomas 3 4 Arthur Charbonneau] had a "special relationship" with someone within City of 5 Carlsbad municipal government. 6 29. On March 29, 2017, after the City of Carlsbad agents and employees departed, I 7 8 inspected my mother's property, and discovered that the individuals who 9 "inspected the two sailboats, ripped through the boats, fairly new, purchased in 10 11 October of 2016, canvas boat covers, destroying them, instead of properly 12 untying them. I have taken a photograph of the destroyed canvas boat covers and 13 attached it to this affidavit as exhibit III, 14 15 30.I Duncan Faulkner; the declarant, have read the foregoing affidavit and know its 16 contents. All the above mentioned matters stated are true and based on my own 17 18 knowledge, except those matters stated on information and belief and as to those 19 matters I believe them to be true. I declare under penalty of perjury under the laws 20 of the United States of America, that all the foregoing information is true and 21 22 correct. 23 Signed Executed on this day of May 26, 2017, 24 25 26 Duncan Faulkner, declarant. 27 See Attached Acknowledgment 28 - 7 - DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION Page 211 CALIFORNIA AU .. -PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5 ;(.\-{\ D \ f tJ 0 On 210 mMe2.o\1 beforeme, _ ____.1,,;;~~~.!....L!~=~..L::...l<'.-!....!c..!...:b,~-t-:::....:_BLLG 'rilt, Here Insert Name and Title of the Offic· personally appeared ___ T .... ·2t '-'-, !=Yl-l<--1,:\(,.....· a'l,-V);._:___·F-t-..-"'a"""u=,-"-l -f-t,,.:;...J-'--'fu..'.lt..___ ______ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lfJ~~~~--~~ii&!Mo!&tl~& i JORDYN MOORE COMM. #2171597 > NOTARY PUBLIC.CALIFORNIA ~ SAN DIEGO COLINTY My Comm. Expires Nov. 12, 2020 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~~~~~~~~~~~~~~opnoNAL~~~~~~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ------------ Capac1ty(ies) Claimed by Signer(s) Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other:_:.·------------- Signer Is Representing:--------- Signer's Name: ___________ _ D Corporate Officer -Title(s): _____ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ------------- Signer Is Representing: --------- • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Page 212 1 2 Exhibit I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 8 - DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION 17cv0697 Page 213 Fence erected by Duncan Faulkner in 10/15/16 to prevent illegal earning at 3745Adams St. -Carlsbad, California Exhibit 1 p. 1 Page 214 Fence erected by Duncan Faulkner in 10/15/16 _ to prevent illegal earning at 3745 Adams St. Carlsbad, California Exhibit 1 p. 2 --------··-·-·-=~-" ·-···· Page 215 Fence erected by Duncan Faulkner in 10/15/16 to prevent illegal earning at .3745 Adams St. Carlsbad, California Exhibit 1 p. 3 ,.., .. ..,,.,, ... -·-· ------------Page 216 -~ ---------~-----------------~ -- Fence erected by Duncan Faulkner in 10/15/16 to prevent illegal earning at 37 45 Adams St. -.Carlsbad, California Exhibit 1 p. 4 Page 217 1 2 Exhibit II 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 9 - DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PARTE APPLICATION 17cv0697 Page 218 PALOMAR TRANSFER 5960 EL CAMINO REAL CARLSBAD, CA 92008 (760)603-0153 000999 -CASH AND CHECK CUSTOMER ADDRESS carlsbad, CA 92008 Contract: 24 MINIMUM-CASH 2 GROSS Scale In TARE Scale Out NET Tracking Qty: 1. 00 Qty 1. 00 Unit Description EA MSW Origin: CARLSBAD Signature: 100% 54 Ticket #: 1593983 Weighmaster: juareom In: May 13, 2017 Out: May 13, 2017 Vehicle: M23 Ref: BOL: INBOUND CASH Rate Extension $0.00 $28.15 Tax $0.00 Total Paid Change EDIT CARD-SCALE 1: 31 pm 1: 31 pm Total $28 .15 $28.15 $28.15 $0.00 V Page 219 PALOMAR TRANSFER 5960 EL CAMINO REAL CARLSBAD, CA 92008 (760)603-0153 000999 -CASH AND CHECK CUSTOMER ADDRESS carlsbad, CA 92008 Contract: 24 MINIMUM-CASH 2 GROSS TARE NET Tracking Qty: 1. 00 Qty 1. 00 Unit Description EA MSW Origin: CARLSBAD Signature: Scale In Scale Out 100% 54 Ticket #: 1599402 Weighmaster: RAMOSAL In: May 25, 2017 Out: May 25, 2017 Vehicle: M23 Ref: BOL: INBOUND CASH Rate Extension $0.00 $28.15 Tax $0.00 Total Paid Change .EDIT CARD-SCALE 11: 11 am 11:11 am Total $28.15 $28 .15 $28.15 $0.00 V Page 220 PALOMAR TRANSFER 5960 EL CAMINO REAL CARLSBAD, CA 92008 (760)603-0153 000999 -CASH AND CHECK CUSTOMER ADDRESS carlsbad, CA 92008 Contract: 24 MINIMUM-CASH 2 GROSS TARE NET Tracking Qty: 1. 00 Qty 1. 00 Unit Description EA MSW Origin: CARLSBAD Signature: Scale In Scale Out 100% 54 Ticket #: 1594072 Weighmaster: juareom In: May 13, 2017 Out: May 13, 2017 Vehicle: M23 Ref: BOL: INBOUND CASH Rate Extension $0.00 $28.15 Tax $0.00 Total Paid Change .EDIT CARD-SCALE 3: 19 pm 3: 19 pm Total $28.15 $28. 15 $28.15 $0.00 V Page 221 PALOMAR TRANSFER 5960·EL CAMINO REAL CARLSBAD, CA 92008 (760) 603-0153 000999 -CASH AND CHECK CUSTOMER ADDRESS carlsbad, CA 92008 Contract: 24 MINIMUM-CASH 2 GROSS TARE NET Tracking Qty: 1.00 Qty 1.00 Unit Description EA MSW Origin: CARLSBAD Signature: Scale In Scale Out 100% 54 Ticket #: 1595328 Weighmaster: juareom In: May 16, 2017 Out: _May 16, 2017 Vehicle: M23 Ref: BOL: INBOUND CASH Rate Extension $0.00 $28.15 Tax $0.00 Total Paid Change .EDIT CARD-SCALE 3:02 pm 3:02 pm Total $28.15 $28.15 $28 .15 $0.00 V Page 222 PALOMAR TRANSFER 5960 EL CAMINO REAL CARLSBAD, CA 92008 (760)603-0153 000999 -CASH AND CHECK CUSTOMER ADDRESS carlsbad, CA 92008 Contract: 24 MINIMUM-CASH 2 GROSS TARE NET Tracking Qty: 1. 00 Qty Unit Description 1. 00 EA MSW Origin: CARLSBAD Signature: Scale In Scale Out 100% 54 Ticket #: 1572248 Weighmaster: gomezda In: March 28, 2017 Out: March 28, 2017 Vehicle: M23 Ref: BOL: INBOUND CASH Rate Extension Tax $0.00 $0.00 $28.15 Total Paid Change .EDIT CARD-SCALE 3 :14 pm 3: 14 pm $28. ::.: $28.15 $28.15 $0.00 V Page 223 PALO.MAR TRANSFER 5960 EL CAMINO REAL CARLSBAD, CA 92008 (760)603-0153 000999 -CASH AND CHECK CUSTOMER ADDRESS carlsbad, CA 92008 Contract: 24 MINIMUM-CASH 2 GROSS Scale In TARE Scale Out NET Tracking Qty: 1. 00 Qty 1. 00 Unit Description EA MSW Origin: CARLSBAD Signature: 100% 54 Ticket # : 1594 7 68 Weighmaster: gomezda In: May 15, 2017 Out: May 15, 2017 Vehicle: M23 Ref: BOL: INBOUND CASH Rate Extension $0.00 $28.15 Tax. $0. 00 Total Paid Change CASH -SCALF 2:50 pm 2:50 pm Total $28.15 Page 224 1 2 Exhibit III 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -10 - DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PARTE APPLICATION 17cv0697 Page 225 I I l) I ! Photograph of Canvas Boat Covers, that were destroyed by CPD on the date 3/29/2017. Photograph taken on 5/23/2017 by witness Duncan Faulkner Page 226 1 CERTIFICATE OF SERVICE 2 I, the undersigned, do hereby certify that the date of May 26, 2017, I mailed a cop 3 4 of the foregoing pleading to Defendants Scot Rudinger and City of Carlsbad; care o 5 their attorney representative; Daley & Heft; Attorneys at law, 462 Stevens Ave, suit 6 201, Solana Beach, California 92075 7 8 9 Executed on this day ofMay 26, 2017 By: 10 v~B1- 11 Duncan Faulkner 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11 - DUNCAN FAULKNER'S AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION 17cv0697 Page 227 I Catherine Bryan 3745 Adams Street 2 Carlsbad, California 3 Telephone: 619-694-8452 4 Plaintiff In Pro Se 5 6 7 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 Case No. l 7cv0697-LAB-BL 12 CATHERINE BRYAN, Plaintiff, V. 13 14 15 16 CITY OF CARLSBAD, a charter city and 17 municipal corporation; SCOT J 8 RUDINGER, individually and in his capacity as code officer for the City of 19 Carlsbad; DOES individuals 20 21 1-100, inclusive, consisting of all other persons and entities unknown colluding against plaintiffs physical possession of 22 the real property described int the 23 complaint adverse to Plaintiffs residency, 24 25 26 27 28 does. Defendant( s). JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF PLAINTIFF'S EXPARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE (SUPPORTING NOTICE OF LODGMENT; SUPPORTING REQUESTS FOR JUDICIAL NOTICE; FILED CONCURRENTLY HEREWITH) JUDGE: Hon. Larry Allen Burns DEPT: Courtroom 9 HEARING: ex parte JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF EX PARTE APPLTCA TION -1- 17cv0697 Page 228 1 AFFIDAVIT OF JEAN ANN SAUERS 2 I, Jean Ann Sauers, declare all that following statements are true and conect 3 and made according to my personal knowledge. 4 5 I. In January of 2017, my boyfriend, Duncan Faulkner and I, who currently reside at 6 13 Shell Road, in Mill Valley California, temporarily moved into Catherine 7 8 Bryan's home at 3745 Adams Street in Carlsbad California. 9 2. When we arrived in January of 2017, we discovered that Catherine Bryan had 10 been the victim of illegally dumped trash, furniture and agricultural waste. 11 12 3. I own a pick-up truck, and have frequently assisted Duncan Faulkner, and his 13 mother to remove massive amounts of illegally dumped trash, old broken 14 15 furniture and agricultural waste materials, from the back-yard behind their home 16 at 3745 Adams Street, Carlsbad California, at considerable out of pocket expense, 17 since we have arrived to help out, until Catherine Bryan's current difficulties can 18 19 be adequately resolved. 20 4. I have carefully scrutinized the City's Code Violation list of May 1, 2017, and 21 believe an independent evaluation, can establish the alleged list of public nuisance 22 23 problems, to be substantially false. 24 5. For instance, Duncan Faulkner frequently consolidates all the illegally dumped 25 26 waste, to an area, well away from public view, and then commences to 27 28 - 2 - JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION 17cv0697 Page 229 1 progressively remove the debris, tmckload be truckload, as proved and 2 established by the receipts he has attached to his affidavit 3 4 6. Catherine Bryan's home and property is quite clean and attractively maintained, 5 and I routinely assist her to cut down all weeds and rake all areas in front and 6 inside the patio. 7 8 7. The interior of the house is quite clean and dry, and not damp and deteriorated, 9 and there is no water damage, other than in the south wing. 10 11 8. There are no extra-cmTicular mattresses lying around. 12 9. Within the next three to six months Duncan Faulkner plans to be able to 13 complete all the required repairs to the south wing roof and interior ceiling. I have 14 15 been inside the house when it is raining hard and none of the other roofs leak, 16 apart from the south wing, and there is no other water damage inside the 17 18 residence, and contrary to the City's findings, there is no septic problem. 19 10. The current 30 days deadline imposed by the City of Carlsbad's NOTICE OF 20 ORDER TO REP AIR, of May 1, 2017, is completely unfair, and in my opinion 21 22 arbitrary, suspect and unreasonable. 23 11. When I left my ex-boyfriend/roommate, Thomas Arthur Charbonneau, he 24 became em·aged and made many threats of reprisal against me and Duncan 25 26 Faulkner. 27 28 -3 - JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION 17cv0697 Page 230 1 12. Several individuals I know well, warned me that Thomas Arthur Charbonneau 2 was offering money to anyone who was willing to physically harm me. 3 4 13. I just recently learned, from my long-time friend, Sonja Dector, that my previous 5 boy-friend, and roommate of over twenty-five years, Thomas Arthur Charbonnea 6 made several false complaints against Catherine Bryan's property, to the Carlsbad 7 8 Police Department and Code Enforcement Department, pretending to be a local 9 neighbor and bragged about being responsible for a pending police raid on her 10 11 home, just before it happened. 12 14. I asked my friend, Sonja Dector, if she would be willing to testify as to Thomas 13 Arthur Charbonneau's statements, and she agreed to do so. I have attached a tiue 14 15 and valid copy of the notarized affidavit of Sonja Dector to this affidavit as 16 exhibit I. 17 18 15. At approximately 10 am, On March 29, 2017, individuals wearing special forces 19 gear and bullet proof vests unexpectedly entered Catherine Bryan's home from 20 the back, and said they were law enforcement officers, and instructed me to stand 21 22 in an isolated location for a prolonged period, denying me permission to even 23 retrieve my cigarettes from a clearly visible nearby location. 24 16. The officers instructed us [Duncan Faulkner, Michael Troupe, Danny Estrada 25 26 and myself] to stay in one isolated area while they searched the home, room by 27 room. 28 - 4 - JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION 17cv0697 Page 231 1 17. When the officers finished their search, we [Duncan Faulker, Michael Troupe, 2 Danny Estrada and myself] were released from custody and allowed to go where 3 4 we wished. 5 18. This procedure, seemed rather extreme for a simple Health and Safety Inspection 6 that no one was objecting to or obstructing. 7 8 19. I cannot understand how Thomas Arthur Charbonneau, could have had inside 9 knowledge, in advance of the March 29 raid on our home, unless he [Thomas 10 11 Arthur Charbonneau] had a "special relationship" with someone within City of 12 Carlsbad municipal government. 13 20. On May 3, 2017, I had a server of process (click legal of La Costa) serve 14 15 Thomas Arthur Charbonneau, with an Order to Cease and Desist from criminal 16 conduct including making false complaints against Catherine Bryan's home 17 18 pretending to be a local neighbor, stalking, slandering, threatening and harassing 19 and aggravated criminal trespass on Catherine Bryan's property for the purpose 20 of criminal mischief, including peeping through windows and placing nails and 21 22 glass behind my tires causing me to get a flat tire. 23 21. A t1ue and correct copy of the Order to Cease and Desist, that was served to 24 Thomas Arthur Charbonneau, has been attached to this affidavit as exhibit II. 25 26 27 28 - 5 - JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION 17cv0697 Page 232 1 I Jean Ann Sauers; the declarant, have read the foregoing affidavit and know its 2 contents. All the above mentioned matters stated are true and based on my own 3 4 knowledge, except those matters stated on information and belief and as to those 5 matters I believe them to be true. I declare under penalty of pe1jury under the laws 6 of the United States of America, that all the foregoing information is true and 7 s correct. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 See Attached Acknowledgment 27 28 - 6 - JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF EX PARTE APPLICATION 17cv0697 Page 233 CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of .5:00 OH:;(::J 0 On 2l u m,yt{J '2.0 l 1 before me, -------~----f-"-~l'h_w_re __ ~---t-~R_· u_· b_l/v ~te } (" Here 1~sert Name and Title of the 0 personally appeared ... ea V1 J4vi n l )Cf /J f, cs Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JORDYN MOORE COMM. #2'171597 :,,. NOTARY PUBLIC-CALIFORNJA ~ SAN DIEGO COUNTY My Comm. Expires Nov. 12, 2020 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s) Signer's Name:------------Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): _____ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:---------------D Other:-------------- Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) ·item #5907 Page 234 1 EXHIBIT I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 7 - JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION 17cv0697 Page 235 1 Jean Ann Sauers 3745 Adams Street 2 Carlsbad, CA. 92008 3 4 6 7 8 9 10 11 12 13 14 15 16 Jean Ann Sauers Plaintiff; vs. Superior Court of California County of San Diego ) ) ) ) Case#: ) ) AFFIDAVIT OF SONJA DECTOR IN ) SUPPORT EX PARTE APPLICATION FOR Thomas Arthur Charbonneau ) TEMPORARY RESTRAINING ORDER, ) PRELIMINARY INJUCTION; MEMORANDUM Defendant. ) OF POINTS AND AUTHORITIES IN ) SUPPORT OF; ) ) Hearing Date: ) Time: ) Courtroom/Department: AFFIDAVIT OF SONJA DECTOR, 17 I, SONJA DECTOR, declare that that all the statements below, are made according to my personal knowledge and that all of the 18 19 20 21 22 23 24 25 information provided in my affidavit below is true and correct. 1. I have personally interacted with THOMAS ARTHUR CHARBONNEAU, for three years now, as a close friend. 2. Sometime early in January 2017, Jean Ann Sauers, ("Jeanie") broke off her twenty-seven year, live-in relationship with Thomas Arthur Charbonneau ("Torn"). Subsequently, Tom became increasingly angry and vindictive, and discussed his plans to Affidavit of Sonja Dector - 1 -Page 236 1 2 3 4 5 6 7 "get even" with Jeanie, in detail with me, on several occasions, including his plans to "Break Jeanie's knees with a baseball bat." 3. As time went on, it became increasingly clear, that Tom would be unable to persuade Jeanie, to move back in with him. Tom then became more and more angry and derogatory toward Jeanie and also toward her new boyfriend. 4. I soon became increasingly convinced and worried that 8 Tom is very seriously determined to actually harm Jeanie; 9 pursuant to his [Tom's]detailed description of his past, current 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and future actions, intentionally designed to hurt, terrorize, intimidate, frighten and damage Jeanie, in every possible way, because Tom discussed, in detail with with me, his ongoing actions and future plans to hurt Jeanie and her new boyfriend. 5. The above referenced discussions, took place on several different dates and times, the dates of which, I cannot recall exactly. However, I can and will competently testify, if required, by this Court, as to my personal knowledge of the content of Tom's statements, as provided directly below, within my affidavit. 6. Tom very seriously and unequivocally stated, with angry intent,that he planned to break Jeanie's legs with a baseball bat. Tom then explained," I know they [referring to Jeanie and her new boyfriend] think I'm old, but they will find out that I am really going to hurt them. 7. Tom boasted to me how he entered Jeanie's workplace, 550 West Vista Way, Vista California, where Jeanie is employed Affidavit of Sonja Dector - 2 -Page 237 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as a travel agent, and informed all Jeanie's co-workers that, "Jeanie is a Crack Whore and a Child Molester." 8. Tom boasted to me how he put on a disguise consisting of dark glasses, a hoodie, and a baseball cap, and then parked a block down the street from Jeanie's current residence at 3745 Adams Street, in Carlsbad California in the middle of the night, and explored the entire one acre property, while everyone was sleeping, discovering a generator, and what he believed were other opportunities, to create code enforcement violations, and then contacted City of Carlsbad Police pretending to be a neighbor disturbed by the very loud generator, at the premises of Jeanie's current residence. 9. Tom also boasted, as to how he strategically placed nails behind the tires of Jeanie's vehicle, while late night trespassing at the premises of her current residence, that later resulted in her flat tires. 10. Tom also boasted, as to how he provided a falsified, anonymous tip to the police, that Jeanie's current residence is a "drug house, where methamphetamine is being manufactured, and sold, and that the occupants are dangerous and heavily armed," that resulted in a City of Carlsbad swat team surrounding the premises with weapons drawn, and conducting a protracted search of the premises on the date of March, 28, 2017. 11. Tom also boasted, as to how he entered Jeanie's private properties, located at 1789 Camino Rainbow in Fallbrook, and 421 South Tremont, in Oceanside Ca. and slandered Jeanie and also warned her tenants that they should move because Jeanie planned to dramatically increase their rent. Affidavit of Sonja Dector -3 -Page 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12. Tom also boasted, as to how, late at night~ Tom entered Jeanie's private properties, located at 1789 Camino Rainbow in Fallbrook, and 421 South Tremont, in Oceanside· California and turned all her gardening water on, so that it would run all night. I declare under penalty of perjury under the laws of the State of California, that all the above matters and foregoing statements, are made according to my personal knowledge and that all of the information provided in the above affidavit is true and correct. Executed by, Declarant Sonja Dector, on April 30, 2017, at Carlsbad, California. Sy~~ Declarant Sonja Dector SEE ATTACHED~ FOR OFFICIAL AOKNOWLiDGMiN . .. <.j~J, .. 1f, J.O.f#J ' \., L Affidavit of Sonja Dector - 4 -Page 239 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is a!tached, and not the truthfulness, accuracy, or validity of that document. County of Sf\-f\l VI~ State of California u On A.av~ 'b ~ 1)-J 'lo ~efore me, ------'=--=-~--=----=--H--+-......,_,,q....e.......:+--'j{'--l;f-'jJ~l,,-~_, ~ Date fficer personally appeared ------------------------------ who proved to me on !he basis of satist~tory evidence to .be the person(~ whose name!s) ~o/e su~~bed to the within instrument and acknowledged to me that hi;~ltt'iey executed the same in '}i~Jfheir authorized capacityMs), and that by h~.4heir signaturejs) on the instrument the perso~), or the entity upon behalf of whioh the person!-3) acted, executed the instrument. COM~I. # 2073593 {I) NOTARY PUBLIC-CALIFORNIA .,. SAN DIEGO COUNTY ,.\ Mr Coll!,t. EXP, JULY 4, 2~ ,a•t,e rt ti Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I 1L Signature ___ _::=::::::::::::::::s±M=:::::':'.'.:__ Signature of Notary' c:3tJ lie ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintende ent. Descripti~hed Document Title or Type of Docuiiien . :=,.....,------------,;"----------\------- Document Date: _______ ...=...._::-------Y:.---- Signer(s) Other Than Named Above: ---=---=-;;"-------------1------- Capacity(ies) Claimed by Signer(s) Signer's Name:------------- 0 Corporate Officer -Title(s): ____ ___,,.___ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conse D Other:-----------;---- Signer Is Representing: -------1"----- Signer's Name: ____________ _ D Corporate Officer -Title(s): ------- 0 Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------------- Signer Is Representing:--------- ©2016 National Notary Association www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Page 240 1 2 EXHIBIT II 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 8 - JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION 17cv0697 Page 241 Jean Ann Sauers 3745 Adams Street Carlsbad, California 92008 Thomas Arthur Charbonneau 200 N El Camino Real, Spc 99 Oceanside California 92058 Dated April 30, 2017 RE: Cease and desist from criminal conduct including; stalking/harassing/and aggravated criminal trespass. Dear Thomas Arthur Charbonneau: This CEASE AND DESIST ORDER was executed to inform you that your persistent actions, as verified by several competent witnesses, who have each agreed to specifically testify, within a criminal complaint, or a court of law, from their own personal Im.owl edge, as to your crimmal conduct, as discussed in detail directly within and directly below this letter, including; (1) threatening to cause me bodily harm; (2) offering monetary compensation as an inducement for others to cause me bodily harm, and (3) thereafter engaging in provable criminal trespass onto my workplace and my private residence and my other private properties, for the purpose of :frightening and intimidating me through slandering me to co-workers, engaging in vandalism ( e.g. placement of nails behind the wheels of my car, turning on water hoses to run all night, peeping at my residence, stalking me at all places I :frequent; ~d thereafter, knowingly making false reports to city officials for the purpose of harassment etc.) all of which has become unbearable. You are ORDERED TO STOP such activities immediately as they are being done in violation of California law. I have the right to remain free from your criminal activities as they constitute coriduct prohibited by the California Penal Codes discussed below this letter. I have now consulted a qualified attorney, and intend to, AND WILL, pursue any and all civil and criminal remedies availaple to me, against you, if your criminal activities and other conduct adverse to my interests and well- being continue. These remedies include but are not limited to: filing a civil lawsuit for criminal harassment, slander and libel, and concurrently contacting law enforcement to obtain criminal sanctions against you. If you do not CEASE AND DESIST, your harassment, I plan on participating in a joint lawsuit, along with the property owners at 3745 Adams Street, Carlsbad Page 242 California suing you civilly for all the resulting damages we have all incun.-ed as a result of your actions. Again, you must IMMEDIATELY STOP all your criminal conduct and harassment and send me written confinnation that you will stop such activities. You risk incurring some very severe civil and criminal consequences if you fail to comply with this demand. This letter acts as your FINAL WARNING to discontinue this unwanted conduct before I pursue all possible legal remedies against you. At this time, I am not contacting the authorities or participating in a joint civil suit against you, as I hope we can resolve this matter without any authoritative involvement. .I am not under any circumstances, however, waiving any legal rights to do so. In sending this letter, I have not waived any present or future legal remedies against you. This order acts as YOUR ONE FINAL CHANCE for you to cease your illegal harassment activities before I exercise my legal rights. To ensure compliance with this letter, and to halt any legal action I may take against you, I require you; (1) return any and all of my personal property and documents that you hold against my will forthe purpose of my harassment; (2) fill in and sign the herein attached form and mail it back to me within 10 days of your receipt of this letter. Failure to do so will act as evidence of your infringement upon my legal rights, and I will immediately seek every possible legal avenue to remedy the situation. Page 243 CEASE AND DESIST COMPLIANCE AGREEMENT I, Thomas Arthur Charbonneau do hereby agree to stop all the illegal conduct described herein, which are in violation of Jean Ann Sauers's rights. I understand that this is my final chance to cease these activities. I understand that Jean Ann Sauers potentially has the right to pursue legal action against me relating to my engagement in these activities, but she will not pursue those rights in contemplation of my compliance with this written demand. I further understand that Jean Ann Sauers has not waived her rights and may pursue legal remedies against me if I fail to abide by this agreement. I understand that this agreement is not specifically limited to the activities named herein. I will not engage in any activity, now or in the future, done for the purpose of vandalizing, trespassing, threatening, stalking, slandering, and harassing [Jean Ann Sauers. I furthermore agree not to engage in any activity, regardless of its official title, that is done in violation of Jean Ann Sauers's legal rights. Ifl fail to cease performing these activities, Jean Ann Sauers may pursue legal action against me in accordance her legal rights. This agreement acts as a contract between Thomas Arthur Charbonneau and Jean Ann Sauers. Forbearing enforcement oflegally enforceable remedies is sufficient consideration to support this agreement. This agreement represents the entire .agreement between the parties. Any statements made orally, written, or otherwise which are not contained herein shall have no impact on either parties' rights or obligations elaborated in this agreement. Thomas Arthur Charbonneau Page 244 Please be aware that my witnesses can and will, testify as to your criminal violation of the following laws potentially resulting in an appropriate criminal prosecution and substantial jail time, and/or financial sanctions. California P.C. § 646.9; Prohibiting Stalking. (a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fme and imprisonment, or by imprisonment in the state prison. California P.C. § 422(a): Prohibiting Felony Criminal Threats-In the case of a previously convicted felon, such as yourself, the type of criminal threats you have made to cause me bodily harm by breaking my knees, and/or paying someone else to cause me bodily harm, would be prosecuted as a "strike," carrying harsh consequences, including a sentencing range of 16 months, 2, or 3 years in California state prison. California P.C. §§601 & 602 PC -Specifically Prohibit Criminal Trespass on Private Property by an Individual who has previously made a credible threat to cause serious bodily injury with intent to place me in reasonable fear, by maliciously vandalizing my car, during your late night unlawful entry, into my residence's contiguous real property and the slanderous and derogatory remarks made to my co-workers during my absence at my workplace . Please be advised this conduct constitutes Aggravated Trespass under California Law; e.g. "(a) Any person is guilty of trespass who has made a credible threat to cause serious bodily injury, as defined in subdivision (a) of Section 417.6, to another person with the intent to place that other person in reasonable fear for her safety, as defmed in subdivision (1) of Section 646.9, and who does any of the following: (1) Within 30 days of the threat, unlawfully enters into the residence or real property contiguous to the residence of the person threatened without lawful purpose. (2) Within 30 days of the threat, knowing that the place is the threatened person's residence or workplace, unlawfully enters into the workplace of the person threatened and carries out unlawful acts, within the workplace or residence premises; (b) Subdivision (a) shall not apply if the residence, real property, or workplace described in paragraph (1) or (2) that is entered is the residence, real property, or workplace of the person making the threat ( c) This section shall not apply to any person who is engaged in labor union activities which are permitted to be carried out on the property by the California Agricultural Labor Relations Act, Part 3 .5 ( commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor Relations Act. (d) Any violation of this section has committed a felony punishable by a term of imprisonment in a county jail for Page 245 16 months, or two or three years; pursuant to subdivision (h) by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment." California P.C. § 594, (a) Specifies that "Every person who criminally trespasses for the purpose of maliciously damaging real or personal property, not his or her own, may be found guilty of vandalism punishable by a jail sentence of between one (1) and three (3) years and/or a fine of up to ten thousand dollars. California P.C. § 647(i) is technically known as "peeking while loitering" or "unlawful peeking." Under this law, it is a crime to peek in the door or window of any inhabited structure while you are trespassing or loitering on private property without lawful business with the owner or occupant. Peeking while loitering is considered an illegal invasion of privacy that falls under the general umbrella of California laws prohibiting disorderly conduct. And is punishable by up to six (6) months in county jail, and/or a fine of up to $1,000. California P.C. § 148.S(a): Makes giving knowingly false information to the Police and/or Code Enfo_rcement Officers, such your statements that (1) ''there is a well-known meth-lab (atmy residence at 3745 Adams Street, Carlsbad Ca.) which is a known as a "drug house"; (2) there are multiple lethal weapons along with numerous code violations," (at my residence at 3745 Adams Street, Carlsbad Ca.) (3) I live next door and there is a very loud generator keeping me awake all night. (at my residence at 3745 Adams Street, Carlsbad Ca.) has violated California, P.C. § 148.S(a) which defines the criminal offense of making a false statements to police as follows: "Every person who knowingly reports to any municipal enforcement officer, peace officer, attorney general, or deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the statements to be false, has criminally violated P. C. § 148.5." The penalties for falsely reporting a crime, may include up to 6 months in county jail or a fine, not exceeding $1,000, or by both fine and imprisonment. Page 246 ~,f />;.i1}ct~·:~;:.<i•! ,·lttr~r,,f,\-j .ff AN ,\ S,\H,RS . r. 3745 MMMS STREET I CARUiBADJ'/\ 92008 t f1:Jqf:.tJ~{t' \;~;· 7t)i),801~ i t).12 j l.iJ:.,.,.,.,'.f,,, Plaimilf Page 1 of 1 : I ;;crr.:il wp'ic-. olll1r f'L\SE ANlll)l'SlSl ORDER l}ATI:D Af1itlL 30, 2(ll7RE: Cb\SE ii.ND D!i-SIST fJtO.\l CRlMINAl. CONDl.'ti INCLUDING STALKING, H.t\RA.SS!NG A.\/D AG(Ht-\VATEDCRJMINAL TRESf'ASS; CEASE ANO DESIST rno\JPUA'll"Cf AGRF.EMRNT (TO ale SKiNJiD); UNFTLED Ar'FIDAV(T OF S1)~JA DECTOR IN SUPPORT EX l"Alfl'J: APPLIC ,\ Tl()l'\ FOR nw. f'ltHIMINAll\' lNHJX(1f(}N, ME},iORANlllJM or l'iS ANl) A'S IN SUf'J'OTrr t)f .t -.; Pi1tfi' .;t'>\,..'"t h, Pt-Ti.~-n~ j·erv~d: lllf)\!t\S AHtHU!l CHARB07''NFAli f)at1}' i11 item _3.a. C AUC. MALE, 6!l'S, i/2", J liSLBS., GRIY HAIR, GI .ASSJ=S 200 N l;I,, CAMINO RHAL. SPA<Ji; ;;99 OC'EANSIPE. CA lt:'05l'\ j, l •u}1-i:e,I the .. Plltli~~ .1 b)' pfnn~al ~~n·lci:. l i,crsooill!y ,kliwr~d tl1e docummt;, lisJc<l ir, item. 2 10 the party ot pcr~,m aulhoriw;l tn rctdt·c p,w.-.:-.,~ 1h thq,utty (l}i111·. 'fu1• •• Mar 11~. ·.wf'i itl m; $:Z.Ol'M ~~.;.,),;;~f~l~ (;:YtI ,.,,,! ccr, to,P .:,j~ ~;1Hfn '! .-. Prr.wn W/1,1 S,mwl l',rpl'tJ-' ,1. !>ANrEL M. MJLHO~f. b. CLICK L[(}AL smn10: 120\.l PLAZA DI'. 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(Iii) (\mu!,}:· :ms \;w Diqm VIA FAX file:///C:/Users/1228WCW03/ AppData/Local/Microsoft/Windows/Temporary%20Internet%... 5/6/2017 Page 247 1 2 CERTIFICATE OF SERVICE 3 I, the undersigned, do hereby certify that the date of May 26, 2017, I mailed a cop 4 of the foregoing pleading to Defendants Scot Rudinger and City of Carlsbad; care o 5 6 their attorney representative; Daley & Heft; Attorneys at law, 462 Stevens Ave, suit 7 201, Solana Beach, California 92075 8 9 10 Executed on this day ofMay 26, 2017 By: 11 r~ 12 Duncan Faulkner 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 9 - JEAN ANN SAUERS' AFFIDAVIT IN SUPPORT OF EX PARTEAPPLICATION 17cv0697 Page 248 Catherine Brvan 3745 Adams.Street 2 Carlsbad, California 3 Telephone: 619-694-8452 4 Plaintiff 5 6 7 8 9 10 In Pro Se UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 Case No. l 7cv0697-LAB-BL 12 CATHERINE BRYAN, Plaintiff: v. 13 14 15 16 CITY OF CARLSBAD, a charter city and l 7 municipal corporation; SCOT 1 8 RUDIN GER, individually and in his capacity as code officer for the City of 1 9 Carlsbad_; DOES individuals 20 21 1-100, inclusive, consisting of all other persons and entities unknown colluding against plaintift1s physical possession of 22 the real property described int the 23 complaint adverse to Plaintiffs residency, does. 24 25 26 27 28 Defendant( s). PLAINTIFF CATHERINE BRYAN'S AFFIDAVIT IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE (SUPPORTING NOTICE OF LODGMENT; SUPPORTING REQUESTS FOR JUDICIAL NOTICE; FILED CONCURRENTLY HEREWITH) JUDGE: Hon. Larry Allen Burns DEPT: Courtroom 9 HEARING: ex parte CA THERINE BRYAN'S AFFIDAVIT IN SUPPORT OF EX PARTE APPLICATION l 7cv0697 -1- Page 249 1 AFFIDAVIT OF CATHERINE BRYAN 2 3 I, Catherine Bryan, Plaintiff in the above entitled action, declare all that 4 following statements are true and correct and made according to my personal 5 6 knowledge. 7 1. I am a physically disabled elder of 67-years, who has filed this 8 9 emergency ex parte application for relief, solely because, on the date ofMay 1, 2017, 10 Defendant City of Carlsbad ("City") imposed an impossible thirty day deadline, ( see 11 herein attached exhibit I, NOTICE OF ORDER TO REPAIR page one paragraph 3, 12 13 exhibit I) for me to open permits and initiate work on at least $100,000 of mandatory 14 upgrades and repairs to my home, or within 45 days, a receiver will be appointed and 15 16 my family home of sixty-five years stands to be destroyed and demolished by City of 17 Carlsbad ("City"). 18 2. I have attached evidence; as exhibits incorporated by reference; to my 19 20 underlying complaint filed with this Court on April 6, 2017; establishing that I have 21 diligently communicated my issues with City on numerous occasions; most recently 22 on the date of May 9, 2017, when I mailed a letter requesting to Meet and Confer with 23 24 defendants, ( copy provided as exhibit II herein attached) in order to avoid the 25 necessity of bringing this ex parte emergency TRO application before this Court. 26 27 However, Defendants City of Carlsbad and Scot Rudinger, have been entirely 28 [2] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 250 1 unresponsive to my detailed six page request to MEET AND CONFER attempting to 2 resolve these issues non-judicially (emphasis). 3 4 3. Each Defendant was personally served with my Summons and Complaint 5 on the date of May 2, 2017 (Proof of Service of Summons attached as exhibit III) and 6 Defendants have defaulted in their requirement to file some kind of responsive 7 s pleading, with this Court, within 21 days. 9 4. Pursuant to my current level of disability, acute pain, [ see Plaintiffs supporting 10 11 motion for judicial notice ("PJN") exhibit Q] and lack of funds, [PJN exhibit R] to 12 either relocate or meet City's legal requirement to immediate institute well over 13 $100,000 in mandatory upgrades and repairs to my home of sixty-five years, I stand to 14 15 be subject to irreparable and life-threatening harm, if Defendants City of Carlsbad and 16 Scot Rudinger are not immediately enjoined from proceeding with their current plans 17 18 to demolish and destroy my home as soon as 45 days from May 1, 2017. 19 5. If this Court grants my request for issuance of a Temporary Restraining Order, 20 then, at my preliminary injunction hearing, I can and will, present witness testimony 21 22 and admissible evidence establishing that; (1) the public nuisance as was alleged in 23 City's NOTICE AND ORDER TO REPAIR, are absurdly false, exaggerated and 24 25 entirely motived by private monetary interests; (2) City's conduct, with respect to me 26 and my home, is largely retaliatory, and as such, is prohibited by Federal laws and by 27 California laws prohibiting; Elder Financial Fraud, Conversion, Undue Influence, 28 [3] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 251 1 Oppression, Fraud, Malice, Extortion, and as such, actionable under Title 42 U.S.C. 2 §§ 1983, 1985; (3) Defendants' NOTICE AND ORDER TO REPAIR seeks to 3 4 summarily condemn and destroy my home before the Ninth Circuit makes a final 5 determination, as to whether title and equity of my family home and property must be 6 returned to my rightful possession [see Plaintiff's Motion for Judicial Notice exhibit 7 8 K ("PJN ex. K")]; a determination that is pending in the next two to three months, 9 according to recent communication from Clerk Molly Dwyer. Conclusively 10 11 establishing my assertion that City's latest NOTICE OF ORDER TO REPAIR, has no 12 relationship to any legitimate health and safety concern, but rather, was primarily 13 issued in order to serve the private economic agenda of my respondent; MTGLQ 14 15 Investors L.P. ("MTGLQ") and; Yukiko Sumimoto, a party who knowingly recorded 16 an improper conveyance of the title to my home property in January of 2014, and 17 18 thereafter paid at least $10,413 in property taxes due on my home and property each 19 year. (Exhibit IV; public tax information.) 20 From 1952 until 2009, my yearly property taxes remained, at the longtime base 6. 21 22 tax rate of $500.00 per year, until unknown parties recorded false liens and improper 23 reconveyances to the title ofmy home. (PJN exhibit 0.) The improper inflation of my 24 25 yearly property taxes due on my home, has clearly increased City's revenues. 26 27 28 [4] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 252 1 7. Other than for the time period from mid December 2013, until January 15, of 2 2015, I have continually resided, at my family home, located at 3745 Adams Street in 3 4 Carlsbad California from 1952, until the present time. 5 8. My current monthly income, after paying my monthly medical expenses, is 6 7 approximately 500.00 per month, and I do not drive or own a vehicle, making it 8 virtually impossible for me to secure any alternative lodging. (PJN exhibit R.) 9 9. For the last twenty-six years I have been permanently disabled, as the result of a 10 11 catastrophic injury in 1991, resulting in what my physicians describe as sympathetic 12 dystrophy syndrome, and a progressively degenerative bone disease, that significantly 13 limits my mobility causing me to continually suffer acute pain. (PJN exhibit Q.) 14 15 10. Since March oflast year, my previous disability has significantly flared up, 16 and consequently I frequently need help to accomplish ordinary routine tasks. For this 17 18 reason in January of this year, I asked my son, and his girlfriend Jean Ann Sauers to 19 temporarily stay with me until my condition improves. (see supporting affidavits of 20 Duncan Faulkner and Jean Ann Sauers.) 21 22 11. I travel to Dr. Dilliard's office, for therapy three times a week, and that 23 where I was at 10:00 am on the morning of March 29 2017, when I am told that the 24 25 City of Carlsbad Police, once again, forcibly raided my home. When I returned home, 26 it was easy to see that someone had searched through and disturbed all my personal 27 belongings which had been disturbed; City's employee's and agents also appear to 28 [5] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 253 1 have destroyed the canvas covers tied down on my two sailboats, during the course of 2 their search for illegal occupants. (see exhibits attached supporting affidavit of Duncan 3 4 Faulkner.) 5 12. 6 As I specifically alleged in my underlying compliant, I have every reason to believe, that I have been unfairly targeted by a corrupt City of Carlsbad Code 7 8 Enforcement Officer, Scot Rudinger, who seeks to retaliate against me for reporting 9 him to the Office of The San Diego District Attorney, and to the Federal Bureau of 10 11 Investigation ("FBI") in 2007, for Scot Rudinger's participation in a scheme that 12 involved misuse of his municipal authority to force me [and similarly situated 13 financially challenged property owners] to commit to predatory home improvement 14 15 loans offered by Las Vegas money lender Harry Beck, and his agents and employees; 16 George Morgan II, Carolyn Blake, Demarco Fletcher, and Lincoln Mutual Mortgage 17 18 Corporation. (PJN exhibit G) 19 13. In 2007, I duly reported Scot Rudinger for his participation with Harry Beck, 20 and his agents and employees; George Morgan II, Carolyn Blake, Demarco Fletcher, 21 22 and Lincoln Mutual Mortgage Corporation of San Diego, in a scheme involving 23 misuse of code violations, to force my commitment to a predatory mortgage loan, for 24 25 the purpose of facilitation of a cheap acquisition of my property by unknown parties. 26 14. In 2007, I was interviewed by FBI Agent Steve Reed, and two other FBI 27 agents who were investigating the predatory lending activities of Harry Beck, a 28 [6] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 254 1 notorious mafia money lender, working out of Las Vegas Nevada and his associates. 2 The FBI agents inquired if I would be willing to testify as to Scot Rudinger' s 3 4 involvement in the mortgage fraud activities of Harry Beck and his agents and 5 employees Demarco Fletcher, Carolyn Blake and George Morgan II and others. I 6 discussed the matter in detail, with my attorney, at that time and then declined to 7 8 testify when my attorney warned me that; (1) witnesses testifying against these parties 9 :frequently meet with unusual, and sometimes even, fatal accidents preventing their 10 11 testimony; (2) my primary duty was to care for my critically ill 86-year old mother and 12 keep her safe. 13 15. At this point in time, however, in light of City of Carlsbad's continuing 14 15 interference with my property rights, and the fact that I no longer need to care for my 16 mother, I am now more than willing to testify, ifmy testimony should still be 17 18 considered useful for the purpose of prosecuting these parties, and, if this Court should 19 elect to exercise its wide discretionary power to initiate an appropriate federal 20 investigation. 21 22 16. I would then competently testify to authorities, as to how I have personally 23 interacted Scot Rudinger on numerous occasions since 2005 and have come to 24 25 .understand that (1) Scot Rudinger is powerfully connected with Harry Beck and also 26 influential with numerous City of Carlsbad Officials such as Mike Peterson; (2) Scot 27 Rudinger is locally notorious for taking substantial bribes from homeowners who seek 28 [7] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 255 1 to avoid code violation problems; (3) I hope to establish through conclusive admissible 2 evidence, that Scot Rudinger stands to receive substantial monetary compensation 3 4 from MTGLQ for condemning my home before the Ninth Circuit Court of Appeals ca 5 rule on my TILA rescission issues. 6 17. Although just recently, Scot Rudinger been very careful to omit his name from 7 8 City of Carlsbad's latest dilatory attempt to demolish and destroy my home. Scot 9 Rudinger, is the party behind the NOTICE AND ORDER TO REP AIR, which can 10 11 easily be inferred from my records. 12 18. As is provided in the evidence, attached as exhibits to my underlying 13 complaint, in 2013 I discovered Scott Rudinger, on my property taking pictures of my 14 15 sailboats. Immediately thereafter, I communicated my deep distress and concern, 16 regarding Scott Rudinger' s previous racketeering crimes with the Attorney for the City 17 18 of Carlsbad, and if given the opportunity to conduct expedited discovery, I can 19 materially establish that the NOTICE OF ORDER TO REPAIR, at issue, reflects the 20 fact that City, and Mike Peterson, are now actively assisting Scott Rudinger to retaliate 21 22 against me for exposing and reporting his serious crimes of elder financial fraud. 23 19. As I discussed, in detail, within my Meet of Confer request delivered to the 24 25 Attorney for the City of Carlsbad on May 9, 2017, the majority ofMike Peterson's 26 statements in the INSPECTION REPORT OF May 1, 2017, are so utterly false as to be 27 absurd; 28 [8] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 256 1 (a) My father commenced building our home in 1953, and obtained a final inspection 2 and approval in 1957. The architectural plans will easily establish the no part of the 3 4 structure ever been modified, including the stairways to the upper level. 5 (b) I elect not to purchase electricity from SEMPRA. I founded Kokopelli 6 Community Workshop Corporation on October 14, 2007, partly, for the purpose of 7 8 encouraging and teaching others to reject our society's current total dependence on 9 the oil industry. There is no legal requirement to purchase electricity from 10 11 SEMPRA. The numerous smaller Solar lights and battery powered lights that I 12 currently use to light my entire home, are becoming increasingly more popular with 13 consumers, allowing sustainable users like me, more independence and flexibility 14 15 as well as independence should local energy supply fail, causing wide-spread black 16 outs. Edison International, PG&E Corp. and Sempra Energy are currently 17 18 attempting to circumvent sustainability, of those ofus who wish to leave a smaller 19 carbon footprint by putting up legislative hurdles. (See San Diego Reader article 20 published at: https://www .sandiegoreader.com/news/20 l 6/feb/03/ city lights- 21 22 utilities-spend/#) 23 (c) My son, and his girlfriend, Jean Ann Saucer, and I, are the only individuals 24 25 residing in my home at 3745 Adams Street in Carlsbad California. 26 (d) In December of 2013, I left home to care for a friend, Peggy Scott, in Lancaster 27 California, who was suffering from progressive condition of Alzheimer's Disease, 28 [9] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 at that time asked I asked my son and some of his friend's house sit, in order to prevent vandalism. On January 15, of 2015, I returned, to live at home again. At which point all my house sitters departed. ( e) I have a fully functional indoor kitchen, powered by gas purchased from an independent supplier, including a kitchen sink with running water. I also maintain an attractive patio barbeque area, similarly powered with gas. (f) Other than the currently unoccupied, south wing of my 3,000 square foot adobe historic home (see exhibit attached to my exhibits lodged concurrently herewith) All my roofs are quite sound, and none of them leak. The wonderful thing about adobe homes, like mine, is that Adobe picks up heat from the sun, and stays quite warm at night, and remains cool in the summer, no weather proofing is required. ( see https://en.wikipedia.org/wiki/Adobe "In addition to being an inexpensive material with a small resource cost, adobe can serve as a significant heat reservoir due to the thermal properties inherent in the massive walls typical in adobe construction. In climates typified by hot days and cool nights, the high thermal mass of adobe mediates the high and low temperatures of the day, moderating the living space temperature. The massive walls require a large an relatively long input of heat from the sun radiation and from the surrounding air convection before they warm through to the interior. After the sun sets and the temperature drops, the warm wall will then continue to transfer heat to the interior for several hours due to the time.;fag effect. Thus, a well-planned adobe wall of the appropriate thickness is very effective at controlling inside temperature through the wide daily fluctuations typical of desert climates, a factor which has contributed to its longevity as a building material." (g) There is no overgrowth of weeds on my property, other than a large patch of edible dandelions, nasturtiums, and New Zealand spinach located out back near my [10] Affidavit of Catherine Bl}1an in support of Application for TRO l 7cv0697 Page 258 1 two green houses. These may appear to be weeds to Mr. Peterson, but for me they 2 provide an important and nutritious part of my diet. 3 4 (h) As was discussed, in detail within my REQUEST TO MEET AND CONFER of 5 May 9, 2017. I frequently have to get my son to come and chase away, trespassers 6 illegally camped out in my back yard. One such person frankly stated he was paid 7 8 $50.00 to camp out on my property. I strongly suspect MTGLQ is behind both the 9 alleged complaints and the illegal trespassing. For this reason, last October I 10 11 arranged for my son to put up large fences and post clearly visible trespassers will 12 be prosecuted signs. (see supporting affidavit of Duncan Faulkner) 13 (i) As was discussed, in detail, in my REQUEST TO MEET AND CONFER of May 14 15 9, 2017. I have frequently been the victim of illegally dumped construction 16 materials, old furniture mattresses and agricultural waste, which I routinely have to 17 18 remove to the rear ofmy property, until I can arrange to pay someone to remove, to 19 the City Dump (at least twice a month) or by means of the numerous 40 foot roll- 20 offs rented by me at substantial out of pocket costs, from Coast Waste 21 22 Management. The photographs attached to support Carlsbad's petition for an 23 inspection warrant, appear to be photographs of piles of such trash and debris, 24 consolidated for removal by truck, just before their removal. Facts I have 25 2 6 established to this Court through testimony of Jean Ann Sauers, and my son, 27 28 [11] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 259 1 Duncan Faulkner, along with the numerous City Dump receipts attached at exhibits 2 to the supporting affidavits. 3 4 (j) My septic tank is relatively new, rebuilt in 2007, at a cost of $70,000 with a copy 5 of the contract for its installation available and on file with the Public Health 6 7 Department in San Marcos California. There is absolutely no dysfunction of my 8 septic system, Mike Peterson's vague and unsupported allegation of a dysfunctional 9 septic system, is a false and fabricated assertion solely made to create 10 11 insurmountable financial challenges to my continued occupancy of my home. 12 k) There are four separate bedrooms in my home, with a single bed in each one, there 13 14 are no "extra mattresses" lying around my home. On the night previous to the 15 inspection, however, at my doctors insistence, I removed a six inch thick foam pad 16 from the top of my bed, that my doctor said was bad for my spine and placed it on 17 18 the floor and asked my son to place in it storage. I can also guess that my foam pad, 19 is the basis for Mr. Peterson's bizarre assertion of extra mattresses in inappropriate 20 locations. 21 22 1) As I previously stated, since my mother was removed to hospice care, the south 23 wing of my home has remained unoccupied, and I frequently store extra furniture 24 25 there including beds. 26 27 28 [12] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 260 II 1 20. The following testimony provides a brief history ofmy family's predatory 2 lending difficulties that ultimately resulted in my home being unjustly encumbered 3 4 with a lien for $649,000; 5 (a) My own records and personal recollection both confirm that in the spring of 2005 6 my mother (Betty Bryan) and I ( collectively "the Bryans") took receipt of an 7 8 unexpected letter from the City of Carlsbad Building Department addressed to 9 "property owners at 3745 Adams Street" therein informing us [the Bryans] that Ci 10 11 of Carlsbad inspectors require building inspection of the premises of our home at 12 3745 Adams Street in Carlsbad. Said communication from the City of Carlsbad 13 asked us [the Bryans] to provide a day and time that building inspections would be 14 15 convenient. 16 (b) The mandatory inspections resulted in an official demand for us [the Bryans] to 17 18 demonstrate progress on numerous [the Bryans'] extensive alleged Code 19 Violations, and a mandatory requirement to make specific upgrades to our [the 20 Bryans'], plumbing, wiring, hot water heater, and septic system that the building 21 22 contractors we consulted estimated would cost at least $600,000, or otherwise, our 23 home would stand to be condemned and demolished by City of Carlsbad. 24 25 (c) Sometime early in March of 2005, a City of Carlsbad Code Enforcement Officer 26 who identified himself as Scott Rudinger personally contacted us [the Bryans] at 27 the premises of our home on the subject property for the purpose of introducing a 28 [13] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 261 1 second man who identified himself as "Attorney" George Morgan II who said he 2 would be willing to act as our attorney in addressing and resolving the upgrades 3 4 required to comply with the Mandatory City of Carlsbad Code Correction List. 5 ( d) Code Enforcement Officer Scott Rudinger and "attorney" George Morgan II 6 visited and interacted with us [the Bryans] at our home on several occasions, stem! 7 8 warning us [the Bryans] as to how unless we could raise the funds essential to 9 upgrade our home, bringing our home into compliance with City of Carlsbad's 10 11 Code requirements we [the Bryans] would soon be required to permanently leave 12 our home by City of Carlsbad. 13 ( e) Code Enforcement Officer Scott Rudinger and "attorney" George Morgan II, 14 15 repeatedly warned us [the Bryans], that unless we could quickly raise funds needed 16 to institute all the required upgrades and repairs essential to comply with City of 17 18 Carlsbad's requirements, within a short amount of time, City of Carlsbad would 19 proceed to legally vacate the subject property, and have our utilities shut off and 20 then leally evict us [the Bryans], as part of the legal process of condemning our 21 22 home on the subject property, and then proceed post notices that no one could enter 23 the premises, and board up our windows. 24 25 (f) When we explained to Scott Rudinger that we could not possibly raise sufficient 26 funds to pay for the required renovations, Scott Rudinger, introduced us [the 27 Bryans] to his close friend and associate, Carolyn Blake, a qualified loan officer 28 [14] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 262 1 employed by Lincoln Mutual Mortgage Corporation in San Diego, who would be 2 able to assist us [the Bryans] to qualify for a short term emergency loan, while we 3 4 applied for a Home hnprovement Loan for $649,000 sufficient to complete all the 5 mandatory repairs required by City of Carlsbad. 6 (g) Subsequently Scott Rudinger, introduced us [the Bryans] to Demarco Fletcher, a 7 8 "property development specialist and creative financial advisor and investor who 9 falsely promised to create an investment strategy designed to bring in sufficient 10 11 monthly income for us [the Bryans] to make all the required monthly payments on 12 our home improvement loan. 13 (h) George Morgan II, explained to us [the Bryan's] that to avoid a pending 14 15 municipal condemnation, repairs and upgrades must be initiated immediately, 16 before we [the Bryans] could be qualified for a home improvement loan, but 17 18 luckily, in order to "help us" [the Bryans] to meet this requirement, loan officers 19 Carolyn Blake and Demarco Fletcher, had agreed to advance their own private 20 money, and contract with qualified building contractors who had agreed to start 21 22 work immediately on all the mandatory upgrades to our home. 23 i) We [the Bryans] only signed the loan commitment documents proffered by 24 25 Carolyn Blake and Demarco Fletcher, because we [the Bryans]were told that we 26 already owed Carolyn Blake and Demarco Fletcher at least $500,000 [emphasis] and 27 we [the Bryans] were intimidated and terrified at the prospect of being forced out of 28 [15] Affidavit of Catherine Bryan in support of Application for TRO I 7cv0697 Page 263 1 their home by City of Carlsbad's threat of condemnation, and so we [the Bryans] 2 ultimately jointly signed and committed to unfavorable adjustable mortgage loan 3 4 documents encumbering our home with a deed of trust for $649,000. 5 ') On Monday November 7, 2005, Demarco Fletcher's assistant, Pete Logue 6 transported my mother and I, [the Bryans], to the offices of Integrity Funding 7 8 Integrity Funding 13656 Crawford Court, Fontana California, where we signed loan 9 commitment documents, that he [Demarco Fletcher] said must be recorded 10 11 immediately before 5pm. Demarco Fletcher rushed out of the office to record the 12 documents and Pete Logue took us home. We [the Bryan's] were never at any point 13 provided with any copies of the mortgage documents that we had signed, and thus 14 15 had no way to identify our lender, when our attorney Nathan Fransen, subsequently 16 instructed us as to how to cancel our loan. 17 18 k) At the closing escrow the loan officers, Carolyn Blake and Demarco Fletcher, 19 directly received and took possession of all the home improvement loan funds, and 20 thereafter improperly retained and embezzled 100% of our home improvement loan 21 22 funds. 23 1) In December of 2005, when we [the Bryans] received notification that our [the 24 25 Bryans] monthly m01igage loan payments, of $4,305.00 per month, would be 26 required by loan servicer Country-Wide, we were unexpectedly, no longer able to 27 contact our loan officers. 28 [16) Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 264 1 m) Subsequently, our loan payments were adjusted upward, by servicer Select 2 Portfolio, in amounts that vastly exceeded what loan officers, Carolyn Blake, and 3 4 Demarco Fletcher had represented. Which is why we [the Bryans] were forced to 5 b01row additional money from family members, just to make our monthly mortgage 6 payments. 7 8 n) We then immediately retained services of an attorney, needed to analyze our 9 predatory lending situation, who specialized in mortgage lending fraud and TILA 10 11 rescissions, and meanwhile we continued to make 17 regular m01igage payments of 12 $4,305.00, pursuant to the recommendations of Attorney Nathan Fransen, ofFranse 13 & Molinaro 4160 Temescal Canyon Rd. #306 Corona, CA. In 2007. 14 15 o) Attorney Nathan Fransen informed us [the Bryans] that he had demanded copies of 16 our loan documents from our loan servicer Select Portfolio Servicing "SPS" in 17 18 writing and by telephone, on numerous occasions, during the time period of January 19 20, 2007 until May 2007, and Attorney Nathan Fransen informed us that SPS was 20 not disposed to provide any copies of our loan documents, to us [the Bryans] or to 21 22 our attorney, or with the name and contact information for our true creditor. 23 ) My mother and I, testified under oath in Bankruptcy Court case No.08-11256 T 24 13 that we received no direct monetary benefits from the subject loan transaction. 25 2 6 q) Attorney Nathan Fransen explained that we were entitled to a TILA rescission of 27 our mortgage contract, because we were given no copies of our mortgage documents 28 [17] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 265 1 at the loan commitment signing, our mortgage loan was subject to an extended 3- 2 year right of rescission. Attorney Nathan Fransen downloaded our Deed Of Trust 3 4 documents from the San Diego County Recorder's Office and explained that he had 5 now discovered the true reason that SPS refused to provide us (the Bryans] with any 6 copies of the loan documents. Attorney Fransen explained to us (the Bryans] that 7 8 there was no evidence of a signed promissory note, filed in conjunction with the 9 Deed of Trust, and it appeared that we [the Bryans] had only signed and committed 10 11 to an adjustable rate rider. Attorney Nathan Fransen explained that lacking any 12 signed promissory note, the lender had no rights, whatsoever, to encumber our home 13 and property. 14 15 (a) Attorney Nathan Fransen further labeled our [the Bryans] home improvement 16 loan as loan as unconscionable, and further recommended, that to avoid foreclosure 17 18 we should immediately seek a refinance and secure a more favorable mortgage 19 contract, and to pay off the equitably rescinded amount due, while we pursued a 20 judicial rescission. 21 22 (b) At the reconunendation of Nathan Fransen, in order to avoid a premature unjus 23 foreclosure, we [ the Bryans] obtained a qualified mortgage refinance loan, from 24 25 lender Dana Capital. (PJN exhibit Epp. 1-5) 26 (c) Attorney Nathan Fransen informed us [the Bryans] of the predatory nature of 27 our sub-prime adjustable loan, explaining that because we had substantial equity in 28 [18] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 266 1 the property we never should have been solicited such a risky sub-prime adjustable 2 loan contract. 3 4 (d) At our attorney's express instruct we [the Bryans] persistently attempted to 5 locate Demarco Fletcher in order to demand a rescission of the contract but found 6 the Integrity Funding' s office has disappeared and all communications addressed t 7 8 Fletcher were returned by USPS. 9 (e) Upon the advice of our counsel, in January of 2007, we [the Bryans] sent our 10 11 TILA rescission letter to lender Novell Financial Service at 1401 Dove Street, in 12 Newport Beach CA 92660. But our rescission letter was returned as undeliverable. 13 (f) We [the Bryans] retained the services of Private Investigator Tracy Spada of 14 15 Upland California to locate Demarco Fletcher and Integrity Funding. Private 16 Investigator Tracy Spada says she will testify in Court that she was unable to locate 17 18 Demarco Fletcher and or Integrity Funding. 19 (g) SPS telephone representatives finally suggested that we [the Bryans] should 20 contact our escrow agent for our loan documents and creditor information. 21 22 (h) We [the Bryans] contacted Unisource Escrow Services, Inc. 10350 Heritage Park 23 Drive, Suite 202, Santa Fe Springs, CA. 90670 requesting all documents pertaining 24 to escrow# 05-2004-MR, speaking directly with Maggy Ramirez (escrow officer) 25 26 by contacting her at (562) 903-3939 and Maggy Ramirez reported our loan files 27 appeared to be missing and could not be retrieved. 28 [19] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 267 1 (i) On January 25, 2007, we [the Bryans] received a letter from bank officer Sterling 2 Thompson approving our refinance of the subject property into a 30 fixed loan with 3 4 more favorable terms. The refinance was based on an equitable reduction of 5 mortgage debt through rescission. (PJN exhibit Epp. 1-5.) 6 (j) On February 5, 2007 our new loan officer Daniel Christian contacted SPS 7 8 representatives by FAX and by telephone urgently requesting a mortgage 9 verification to enable a refinance of our [the Bryans] mortgage loan contract. (PJN 10 11 exhibit E.) SPS intentionally blocked our bank approved 30 year fixed refinance 12 and then engaged in unfair practices, through its failure to timely provide a 13 mortgage verification, and essential loan payoff document to our loan officer, 14 15 preventing a qualified mortgage refinance. 16 (k) The originating lender, Novell Financial Corporation, moved away, leaving no 17 18 forwarding address, therefore SPS was the only agent available to us [the Bryans] 19 representing the interests of our loan transaction, so we delivered our TILA 20 rescission letter to SPS in accordance with 12 CFR part 226-Regulation Z (docket# 21 22 R-1167). We [the Bryans] have been professionally advised by multiple attorneys 23 that our predatory, and non-funded home improvement loan was properly cancelled 24 25 as of February 25, 2007, pursuant to the U.S. Supreme Court Jesinoski Ruling on 26 January 15, 2015, which must be considered by the Ninth Circuit in their final 27 determination of our rescission rights. Moreover, SPS is subject to liability for their 28 [20] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 268 1 non-compliance with their duties as a servicer and additionally has violated FDCP A 2 laws governing debt collectors who act as the Attorney in Fact for the true creditor, 3 4 a creditor who SPS was not disposed to identify. 5 (I) It has been established, as a matter of record, that SPS was the service provider 6 for our [the Bryan's] home improvement loan [exhibit G] on February 5, 2007, at 7 8 the time we exercised our right to rescind our contract, and SPS represented the 9 interests of our new downstream creditor, the GSAlVIP Trust 2006-HE3 Mortgage 10 11 Pass Through C, Series 2006-HE3 held by investor Goldman Sachs and therefore 12 had a duty to assist us [the Bryans] to inform our creditor that we had canceled our 13 mortgage, but SPS clearly failed in that duty. (PJN exhibits E, K.) 14 15 (m) With the assistance of counsel, on November 3, 2008, we [the Bryans] filed San 16 Diego Superior Court case number 37-2008-00095207-CU-OR-CTL, against SPS, 17 18 and others, including Doe Defendants, praying for relief through a unilateral 19 mortgage loan rescission under 15 USC §1635(±); Regulation Z §§226.15(a)(3), 20 226.23(a) and under State of California civil law§ 1689(b)(l)] providing for 21 22 Unilateral Rescission On The Basis Of Mistake, Fraud, or Duress: On the legal 23 basis that on February 5, 2007, that loan service provider; SPS, breached their 24 25 mortgage obligations as a servicer, when SPS failed to appropriately respond to a 26 qualified Demand of Mortgage Loan Rescission made by the borrowers [ the 27 Bryans] under Truth in Lending Act; (15 USC §1635(f); Reg Z §§226.15(a)(3), 28 (21] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 269 1 226.23(a) and also brought according to State of California civil law. [Ca Civil§ 2 1689(b)(l)] Unilateral Rescission On The Basis OfMistake, Fraud, or Duress: A 3 4 contract is subject to unilateral rescission by a party whose consent to the contract 5 ( or the consent of another party jointly contracting with the rescinding party) was 6 given by mistake or obtained through duress, fraud or undue influence exercised by 7 8 or with the connivance of the party against whom rescission is sought or any other 9 party to the contract jointly interested with the party against whom rescission is 10 11 sought. 12 (n) On June 12, 2009 we [the Bryans] delivered a Qualified Notice of Rescission to 13 defendant MTGLQ Investors LP.(" MTGLQ") 14 15 (o) On or about July 30, 2010, a letter was delivered to us [the Bryans] by MTGLQ 16 Investors LP's response to our Qualified Rescission Notice, the correspondence is 17 18 dated July 6, 2009 signed by Defendant Stephen C. Wichmann, that therein referred 19 to the multiple attachments, letters and loan records, which were attached to our 20 Qualified Notice of Rescission (hereinafter QNR) delivered to MTGLQ Investors 21 22 LP on June 12, 2009: that should have easily enabled MTGLQ Investors LP to 23 locate their records of our [the Bryans] loan, nevertheless MTGLQ therein states 24 25 that they cannot decipher what loan we [the Bryans] are referring to, and instructs 26 us [the Bryans] to contact Goldman Sacs who is our true lienholder. 27 28 [22] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 270 1 (p) As part our [ the Bryans] process of conducting additional discovery in support of 2 pending our mortgage fraud case, we [the Bryans] finally began to look into and 3 4 further investigate the exact reasons that our home was so suddenly subject to 5 unexpected mandatory building inspections in the spring 2005. 6 ( q) For this purpose, I [Catherine Bryan] set up an appointment to informally intervie 7 8 my old classmate, named Patrick Kelly, who was at that time employed as Chief 9 Inspector at the City of Carlsbad Building Department Offices located at 1635 10 11 Faraday Ave. Carlsbad, CA 92008. During the course my interview of City of 12 Carlsbad official Patrick Kelly, he retrieved all the records maintained by the City 13 of Carlsbad of their dealings involving the subject property reviewed the record for 14 15 any irregularities. 16 (r) Patrick Kelly explained that it appeared from the records, that an individual 17 18 describing himself as an attorney, George Morgan, had requested the inspections of 19 my home on behalf of clients who purported to be in the process of purchasing my 20 home. 21 22 (s) I became very upset, to discover that my own attorney, George Morgan II, the 23 same "Attorney" who had "assisted" us ["the Bryan's] with our code violations 24 25 problems, was actually the very person who had requested building inspections of 26 our [the Bryan's] home in 2005. 27 28 [23] Affidavit of Catherine Bryan in support of Application for TRO l7cv0697 Page 271 1 (t) I urgently inquired if Patrick Kelly would provide me with a copy of the 2 pertaining City of Carlsbad records, and also explained that pursuant to this new 3 4 information it looked like Code Enforcement Officer Scott Rudinger and George 5 Morgan II, required inspections for the purpose of leverage us [the Bryans] into 6 committing to an unfavorable mortgage loan, that we could never pay back. 7 8 (u)At this point my old school friend, City of Carlsbad Official Patrick Kelly, looked 9 quite alarmed, and abruptly closed the building department files, informing me that 10 11 unfortunately, that he [Patrick Kelly] would be unable to provide me with any 12 copies of the pertaining records without a court order or subpoena, because of 13 potential adverse consequences to his employer, City of Carlsbad, involving 14 15 liability issues. 16 (v) On May 20, 2013, a Carlsbad Police Officer Named Officer Simmons entered 17 18 the premises ofmy property, at a time when I was not home, and demanded to 19 inspect my two sailboats in response to a purportedly anonymous complaint that 20 someone was illegally living on one of my boats. 21 22 (w) Officer Simmons was informed by Kokopelli Volunteers who were engaged in 23 pulling weeds and otherwise maintaining my property grounds that; (I) No one was 24 25 residing on the sailboats; (2) that the volunteers lacked the authority to give Officer 26 Simmons permi!:;sion to inspect the sailboats (3) that sailboat's owner, Catherine 27 28 [24] Affidavit of Catherine Bryan in support of Application for TRO J7cv0697 Page 272 1 Bryan, was expected to return home shortly, and then, Officer Simmons would 2 easily get permission to inspect the two boats. 3 4 (x) I am informed that Officer Simmons responded by stating that ifhe was not 5 allowed to immediately inspect the boats he would return, the next day, with a City 6 of Carlsbad Code Enforcement Officer who would look for all possible code 7 8 violations within the my home and property. 9 (y) When I returned home, later that afternoon I immediately contacted the City of 10 11 Carlsbad police department by telephone and was provided CPD incident# 34228. 12 I then proceeded to leave a detailed voicemail for Officer Simmons protesting bein 13 threatened with new code violations, ending my message by providing my 14 15 telephone number and requesting Officer Simmons contact me immediately to 16 discuss his threats. However, Officer Simmons never contacted me. 17 18 (z) I then, immediately discussed the matter, with all my adjacent neighbors, who ar 19 all my longtime friends, for the last twenty years or more, and everyone expressed 20 the belief that no one in our local neighborhood made any "complaint" referring to 21 22 the sailboats or any other complaints involving my home or the subject property. I 23 suspect that if Officer Simmons, is served with a subpoena he may be called upon 24 25 to testify that Defendant MTGLQ Investors L.P. or its agents is the party who made 26 the alleged complaint of a party residing on the sailboats, resulting in a new threat 27 of City of Carlsbad Inspections. 28 [25] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 273 1 (aa) I then conducted my own inspection of the boats and could find no sign that 2 anyone had been living on my two sailboats. 3 4 (bb) At approximately 9:30 am on July 10, 2013, I encountered Scot Rudinger, who I 5 had not seen since 2005, on my property taking photographs ofmy two sail boats. 6 When I challenged Rudinger, he informed me he was only there because "property 7 8 owner" MTGLQ had ignored several City of Carlsbad demands to correct code 9 violations by removing the sailboats and so he would now be issuing a Final 10 11 Notice. 12 (cc) When I explained that I had not actually received any prior Notices or I would 13 have properly disputed them, and requested to be provided copies of the prior 14 15 notices; Rudinger returned to his City vehicle where he extracted and then opened a 16 folder and briefly waived the alleged prior notices at me without allowing me to 17 18 fully examine them. 19 (dd) What I WAS able to see was sufficient to determine that each of the prior 20 notices was solely addressed to MTGLQ Investors L.P. who I suspect, in all 21 22 likelihood, initiated the alleged complaints to the City of Carlsbad, as part of their 23 ongoing and continued interference with my Constitutional Right to harassment 24 25 free peaceable enjoyment of home until when and if my right of residency is 26 confirmed by the Ninth Court of Appeal. 27 28 [26] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 274 1 ( ee) Other non-constitutional interference with my property rights, instigated by 2 MTGLQ's associates and agents subsequent to the jury verdict awarding me 3 4 possession of my home, has included, conduct by persons employed by Excel 5 Properties located at 5135 Avenida Encinas, Suite B, Carlsbad California, posting 6 flyers (PJN exhibit M) on all the doors and windows ofmy home stating THIS 7 8 PROPERTY IS BANK OWNED, and anyone inside will be arrested by the sheriff 9 on 12/13/2010. (PJN exhibit M) 10 11 (ff) Subsequently, a criminal act of arson committed by an unknown party who set 12 an RV on fire directly in front of my home, igniting two hundred foot tall palm 13 trees, I speculate, for the wrongful purpose of setting fire to my home, thereby 14 15 forcing me to live elsewhere in order to facilitate MTGLQ Investors L.P. taking 16 hostile possession of my property. Defendant City, did not see fit to investigate the 17 18 arson, but instead, towed the huge destroyed and burned out RV from the street 19 onto my property, subsequently sending me code violation for the RV's removal, 20 along with an invoice for $4,000, for repair of the electric lines that were burned up 21 22 by the fire; facts that can be potentially be supported by expedited discovery of 23 Defendant City of Carlsbad's pertaining records and appropriate interrogatories of 24 the officers who towed the burned up RV onto my property, establishing who 25 26 exactly instructed them [the officers] to take that action. 27 28 [27] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 275 1 21. If this Court grants my ex parte application, I would then be able to request 2 expedited discovery, essential to obtain evidence in support ofmy preliminary 3 4 injunction hearing, through interrogatories, requests for document production from 5 City of Carlsbad, and potentially obtain expert witness testimony, from an 6 independent agencies' evaluation of the current condition ofmy home. Allowing me 7 8 to further support my assertion of City's prior and ongoing conspiracy to interfere 9 with my property and constitutional rights, and establish facts City's true objective, 10 11 and ongoing premature development plan for future development of the subject 12 property to be supported by material evidence of the records of CPD incident# 34228, 13 where Officer Simmons clearly threatened me with new code violations; all of which 14 15 would stand to confirm and support my assertion that City's NOTICE OF ORDER 16 TO REP AIR is not based on any legitimate public endangerment issues, but rather, 17 18 entirely based on City's illicit participation in an unconstitutional conspiracy to 19 commit elder financial fraud through forcing me to prematurely abandon my home, 20 before the Ninth Circuit can render its final determination. 21 22 22. For all the reasons stated above, I respectfully request that this Court should 23 issue a Temporary Restraining Order, until this Court can schedule a hearing on my 24 related motion for an Order to Show Cause why a Preliminary Injunction should not 25 26 issue. 27 28 [28) Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 276 1 I Catherine Bryan; the declarant, have read the foregoing affidavit and know its 2 contents. All the above mentioned matters stated are true and based on my own 3 4 knowledge, except those matters stated on information and belief and as to those 5 matters I believe them to be true. I declare under penalty of perjury under the laws of 6 the United States of America, that all the foregoing information is true and correct. 7 8 Signed Executed on this day of May 26, 2017, 9 10 ~,0,.e13~ 11 Catherine Bryan; Plaintiff/declarant. 12 13 14 15 16 ~ 17 18 19 20 21 22 23 24 25 26 See Attached Acknowledgment 27 28 [29] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 277 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of s· en DJ G7q O ) . On ;;/U' ~ 2.Q i1 before me, Jord n YYloo-re, N o+,i te /1 . Here Insert Name and Title of the · personally appeared L, afh er In & f)~ a() Na (s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityOes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JORDYN MOORE COMM. #2171597 > NOTARY PUB!JC-CALIFORNIA !p SAN DIEGO COUNTY -· My Comm. Expires Nov. i2, 2020 · Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~----~--~~--~~~~~~oPTIONAL~--~----~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: pocument Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s) Signer's Name:------------ 0 Corporate Officer -Title(s): _____ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other:...:.·------------- Signer Is Representing:--------- Signer's Name: ___________ _ D Corporate Officer -ntle(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------------- Signer Is Representing:---------~· ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Page 278 1 CERTIFICATE OF SERVICE 2 I, the undersigned, do hereby certify that the date of May 26, 2017, I mailed a cop 3 4 of the foregoing pleading to Defendants Scot Rudinger and City of Carlsbad; care o 5 their attorney representative; Daley & Heft; Attorneys at law, 462 Stevens Ave, suit 6 201, Solana Beach, California 92075 7 8 9 Executed on this day of May 26, 2017 By: 10 rr &fr~ 11 Duncan Faulkner 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [34] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 279 1 2 Exhibit II 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [31] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 280 Catherine Bryan; 3745 Adams Street, Carlsbad Ca. 92008 May 9, 2017 Sent Via Prioritv Mail Defendants Scot Rudinger, City of Carlsbad c/o Attorney for City of Carlsbad Office of the Clerk for City of Carlsbad 1200 Carlsbad Village Drive 92008 Re: Case No. 17cv0697-LAB-BL, request for conference between counsels. Dear City Attorney, Please clarify as to whether you also represent the interests of Defendant Scott Rudinger, as well as City of Carlsbad, in Federal District Court Case No. 17cv0697- LAB-BL. Please be advised, that letter serves as Plaintiffs Meet and Confer request before requesting a hearing date and then filing; PLAINTIFF'S EX P ARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; REQUEST FOR AN EVIDENTIARY HEARING. Please kindly let plaintiff know, through your response to this communication, if you represent the interests of each defendant named in this matter, and as to whether you plan to oppose Plaintiffs' ex parte motion praying for immediate injunctive relief from defendants' May 1,017, NOTICE AND ORDER TO REPAIR, through a temporary restraining order, order to show cause, and concurrent application for a hearing date on Plaintiffs Motion for preliminary injunction; enjoining all defendants, and each of them, and their agents, servants, and employees, and all persons acting under, in concert with, from continuing to violate Plaintiffs fundamental constitutional right to be free from illegal searches, obviously conducted for the purpose of exaggerating and falsely alleging numerous defects in Plaintiffs home, for the wrongful purpose of obtaining an inspection generating a MANDATORY NOTICE AND ORDER TO REPAIR, solely in order to advantage the economic interests of certain parties who, are keenly aware that Plaintiff has been temporarily economically disadvantaged by MTGLQ unlawful failure to return her properties' title and equity as required by federal law, subsequent to equity stripping of over $3,500,000 of Plaintiffs rightful remaining equity; the very same parties who has taken numerous adverse actions, to force Plaintiff to abandon her home of 65 years, and valuable acre of City of Carlsbad property so that it can be immediately sold. Plaintiffs motion will pray for temporary relief, from defendants' ongoing conspiracy to misuse municipal ordinances, to force her out of her home, in order to preserve plaintiffs right to peaceable enjoyment of her home, during the pendency of this action. 58-2017 1 of6 Page 281 May 9, 2017, Meet and Confer Request Like Plaintiffs' complaint, plaintiff's application for injunctive relief brings a Substantive Due Process Challenge to Defendants' current ongoing widespread practice and policy, of routinely misusing and abusing municipal ordinances, to favor the interests of MTGLQ Investors LP., and similar wealthy individuals and entities, who seek to misuse municipal ordinances to cheaply acquire privately owned City of Carlsbad property, for pennies on the dollar. As provided in plaintiff's related crime report, filed on May 8, 2017, with the U.S. Department of Justice, Civil Rights Division Housing and Civil Enforcement Section, plaintiff anticipates that investigating authorities will conduct an audit and independent inspection of Plaintiff's home, for the purpose of establishing the absurdly false and exaggerated nature of the majority of the defects listed in Defendant's NOTICE OF ORDER TO REP AIR dated May 1, 2017. By now defendant City of Carlsbad, has received Plaintiffs' courtesy letter dated May, 8. 2017, and thus understands that pursuant to a Federal Bankruptcy Court determination, none of the other parties, defendant's elected to name, and may or may not have served, with all the pertaining required legal notices, in Civil Case 37-2017-00009487-CU-PT- NC has any legal equitable interest in Plaintiff's home of 65 years located at 3745 Adams Street, in Carlsbad California, as each of the junior liens was classified as fraudulent and unsecured, by Federal Judge Laura Taylor, in bankruptcy case No.08- 11256 T 13, back in October of 2009. Thus City of Carlsbad, has been advised that the sole remaining parties with any legal interest in Plaintiff's home and contiguous acre of land currently valued at over $4,000,000 are; Catherine Bryan and entity MTGLQ Investors L.P., who illicitly attempted to foreclose on property valued at $4,000,000 through the alleged foreclosure sale, from itself, to itself, and its alleged purchase of property valued at $4,000,000.00, for only $500,000. The legal basis for Plaintiffs' Motion is Defendants' ongoing Substantive Due Process Violations. For example, today, plaintiff traveled to the State of California North County Division of San Diego Superior Court and purchased the entire 72 pages case file for Civil Case 37-2017-00009487-CU-PT-NC. The only Notice Plaintiff received of any of the multiple actions and decisions in Civil Case 37-2017-00009487-CU-PT-NC, was plaintiff's copy of a two page Inspection Warrant delivered on March 28, 2017. According to memorandum of law, signed by Carlsbad Official Officer Hickerson, Carlsbad attempted to convince the Court, that Plaintiff should not be Noticed all, because Plaintiff could easily hide and conceal her code violation problems??? Civil Case 37-2017-00009487-CU-PT-NC, appears to have commenced on the date of March 17, 2017, and no notice of the hearing was been provided to Plaintiff. Plaintiff has never been served, as required by law, notified at any juncture of the legal action [ other than with two page Inspection Warrant] up to including the case's recent reassignment to Judge Stem in San Diego. By now you are additionally aware of how Thomas Arthur Charbonneau, who lives in Oceanside California, pretended to be local a Carlsbad neighbor when he contacted code enforcement making fraudulent and false complaints about Plaintiff's property. 59-2017 2 of6 Page 282 May 9, 2017, Meet and Confer Request Plaintiff's letter courtesy letter of May 8, 2017, contained one error however, a criminal complaint for fraud, forgery and grand theft auto, was made to City of Oceanside Police (not Carlsbad Police) on May, 7, 2017, today Oceanside DMV, additionally reported Thomas Arthur Charbonneau for fraud and forgery, involved in criminally taking Sonja Dector' s vehicle in retribution for her witness testimony reporting facts of Thomas Arthur Charbonneau false reports to code enforcement designed to obstruct Plaintiff's property interests, solely because he (Thomas Arthur Charbonneau) seeks to punish Plaintiff's son, for living with his (Thomas Arthur Charbonneau's) ex-girlfriend of27 years. It is only now that Plaintiff has had a chance to review, the deliberately false statements made by City of Carlsbad Official Officer Hickerson, to a Judicial Officer, in order to obtain an inspection warrant on absurdly false pretexts. In order to defend Plaintiff from Defendants' arbitrary and unjust adverse condemnation of her home, Plaintiff has recently arranged to obtain an independent inspection and evaluation of the condition her property and home. This is because Scott Rudinger, has actively persecuted Plaintiff for many years now, endeavoring to punish Plaintiff for reporting Rudinger to law enforcement, for his continuing corrupt practices, including, but not limited to, frequently taking bribes from homeowners seeking to avoid inspections, and financial crimes during the housing crises, of misusing code violations, to facilitate predatory lending scams, and embezzlement. Plaintiffs Motion will be supported by judicial notice of evidence, relevant for the purpose of establishing that City of Carlsbad and Scott Rudinger, have been creatively attempting to create insurmountable financial challenges for the purpose of removing Plaintiff from her home of 65-years, through falsifying dilatory reports about wrongfully alleged Health and Safety violations at her home, to serve the interests of MTGLQ who seeks to remove Plaintiff from her home, in order to take a quick hostile adverse possession of and then demolish her home and sell her off her $4,000,000 property. As a consequence, Plaintiff has arranged for an independent evaluation of the condition of her home for the purpose of establishing all of the following facts; (1) her home is quite clean, well-kept and orderly, as are all its surrounding grounds; (2) Plaintiff has frequently the victim of illegally dumped construction materials, old furniture mattresses and agricultural waste, which plaintiff routinely has to remove to the rear of her property, until she can arrange to pay someone to remove, to the City Dump (at least twice a month) or by means of the numerous 40 foot roll-offs rented by Plaintiff at substantial out of pocket costs, from Coast Waste Management. The photographs attached to support Carlsbad's petition for an inspection warrant, appear to be photographs of piles of such trash and debris, consolidated for removal by truck, just before their removal. Facts plaintiff can easy establish to the federal district Court through testimony of contractors who removed the debris and their related receipts;(3) Plaintiff's septic tank is relatively new, rebuilt in 2005, at a cost of $70,000 and completely functional, plaintiff can provide both the licensed contractor's contract to install the septic tank and its proof of payment; ( 4) no individuals have, at any point, resided in the two trailers, located on Plaintiffs property which; a) are solely used for storage of tools and agricultural equipment b) are not visible from the city street; (5) 59-2017 3 of6 Page 283 May 9, 2017, Meet and Confer Request Plaintiff recently removed her two greenhouses plastic covers so that anyone can easily ascertain they are greenhouses, and not being used, and never been used as residential tents; (6) plaintiff house has literally hundreds of windows and unknown parties often vandalize her property, frequently throwing rocks and breaking windows during the night. So At least three windows are currently boarded up until they can be replaced. The boarded up windows are not visible from the street; (7) Plaintiff maintains an attractive inside patio where she frequently enjoys preparing meals on her patio stove. However, Plaintiff also has a fully functional kitchen including a sink with running water; (8) City of Carlsbad cannot require plaintiff to contract for purchase of electricity with Sempra; all her lighting, which is considerable, is either solar powered or battery powered; and adobe houses such as Plaintiff's, stay quite warm in the winter and cool in the summer. Plaintiff's father obtained all the proper inspections when he finished building her house 1957 , and no inspector has ever previously alleged that an adobe home must be heated; (8) since Plaintiff's mother was removed to hospice care, the north wing of the house, has a roof which has started leaking and become water damaged. This area is not connected to the rest of the house, and is currently unoccupied. There are no leaks or water damage in any other areas of Plaintiff's home; (8) Plaintiff's water is heated by a propane tank and her kitchen is similarly powered with propane. The doctrine of substantive due process holds that the Due Process Clause not only requires basic procedural rights, but that it also protects substantive rights, like plaintiff's power to live as she chooses within her private residence e.g. without contracting for purchase of electricity from SEMPRA and without implementing home repairs, such as the roof of the north wing, until she can afford it, and otherwise enforce Plaintiffs constitutional right to reasonable expectation of privacy within her own private residence. Please Note; Substantive due process is a legal doctrine holding that the 5th and 14th Amendments require all governmental intrusions into fundamental rights and liberties be fair and reasonable and in furtherance of a legitimate (emphasis) governmental interest. The U.S. Supreme Court during the middle of the 20th Century used substantive due process to give added force to the 4th, 5th and 6th Amendments of the U.S. Constitution by constraining certain actions by law enforcement, prosecutors, and judges. The Substantive due process was enacted to protect the public from arbitrary governmental action, regardless of the procedures used to implement it. Substantive due process is related to the concept of fairness beyond the constitution and must be decided through a Fundamental Rights/Compelling Need Test In order to support Plaintiff's claim for Defendants' Substantive Due Process violations, plaintiff will prove and establish, at her evidentiary hearing supporting PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION, as to how, on the date of March 17, 2017, without properly noticing plaintiff, Defendants' obtained a judicial inspection warrant, without probable cause, by taking multiple photos of refuse consolidated for removal by truck, ( not observable from the street, and toward the back of plaintiffs property) that Carlsbad Municipal Officials, who were code enforcement officers, knew full well was removed within two days of its consolidation, further falsely alleging that Plaintiff's fully functional septic system was faulty, and that Plaintiff 59-2017 4 of6 Page 284 May 9, 2017, Meet and Confer Request was wrongfully engaged in making electrical repairs without permits, and/or building new structures without permits, no running water, people living in tents or in trailers, among other completely false, and unsupportable justifications for issuance of an inspection wan-ant, improperly and falsely made to a North County Superior Court judicial officer. Plaintiff will demonstrate to the Federal District Court, as to how Plaintiff was provided with no opportunity to attend the March 17, 2017 hearing in Civil Case 37-2017-00009487-CU-PT-NC, and thus had no chance to establish to the court, that defendants' statements were false, and as a result, Plaintiff was substantially deprived of due process. Thereafter, as established by the testimony of five non-party witnesses at 10 am on the date of March 29, 2016, defendants conducted an invasive, gun point, forcible Health and Safety Inspection of Plaintiffs home, that was remarkably similar to defendant's 2005, Health and Safety Inspection, where threats of municipal condemnation, along with hundreds of thousands of dollars of"mandatory home repairs" were similarly used, in just the same way, by these same defendants, in order to intimidate, frighten and coerce plaintiff and her [then] 84 year-old mother, to quickly commit to an unfavorable and predatory home improvement loan, where thereafter the loan officers embezzled all the loan funds without paying off the home improvement contractors. Leaving plaintiff to fight a prolonged and impoverishing, twelve year court battle, essential in order to stay in possession of her home and regain her missing equity. A battle that is not concluded, but is still ongoing today. The Fourth Amendment provides that: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (United States Constitution amendment IV.) The Fourth Amendment prohibition against unreasonable searches protects against warrantless intrusions during civil as well as criminal investigations. (Marshall v. Barlow's Inc., (1978). 436 U.S. 307,312. "If the government intrudes on a person's property, the privacy interest suffers whether the government's motivation is to investigate violations of criminal laws or breaches of other statutory or regulatory standards." Id. The leading case on the issue of warrantless administrative searches is Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1967). Camara involved a tenant who refused to consent to an inspection of his property by municipal housing officials. The tenant was arrested for refusing to allow a lawful inspection. Id. at 526. The tenant argued that the section of the housing code that authorized municipal officials to enter a private dwelling without a search warrant and without probable cause to believe that a violation of the housing code existed was a violation of the Fourth and Fourteenth Amendment. Id. at 527. The Supreme Court agreed and held that warrantless searches of residential property by municipal inspectors violated the Fourth Amendment protection against unreasonable searches and seizures. Id. at 528. 59-2017 5 of6 Page 285 May 9, 2017, Meet and Confer Request The Court reasoned that "administrative searches of the kind at issue here are significant intrusions upon the interest protected by the Fourth Amendment, that such searches when authorized and conducted without a warrant procedure lack the traditional safeguards which the Fourth Amendment guarantees to the individual[.]" Id. at 534. Factor of irreparable harm can be easily established; as Plaintiff is a medically challenged and disabled elderly individual, living on a small ($828.00) monthly social security pension with no financial means to relocate. In light Defendants' current plans to destroy and demolish Plaintiffs home of 65-years as soon as 120 days, if she cannot afford to open permits, pay for inspections, and fund hundreds of thousands of dollars of " required mandatory upgrades" to her home, Plaintiff would like to request a hearing date as soon as possible, no later than Friday May 12, 2017. If you would like to meet in person to discuss these issues please indicate a time and date. Otherwise Plaintiff can be immediately reached by telephone at (619) 694 8452, Please let Plaintiff know if the attorney for the City of Carlsbad, also represents Defendant Rudinger, or if she must contact him separately, and as to whether Defendants' plan to oppose Plaintiffs motion, as provided above. Very Truly Yours, ~~-~ Cat enne Bry 59-2017 6 of6 Page 286 1 2 Exhibit III 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [32] Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 287 --" ~.-I _: "-. a, . ~ .· AO 441 Summons in a Civil Action United States District Court SOUTHERN DISTRICT OF CALIFORNIA Catherine Bryan Civil Action No. 17cv0697-LAB-BLM Plaintiff V. See Attachment Defendant , SUMMONS IN A CIVIl, ACTION To: (Defendant~ name and address) Pe. ~n. cft O // C ;~ o+' (1 o, ~ )sb~ '1) q cJ,<, eJe. r C 1:j 0.11 o1 ln1 t.1 n i c i par J C: Gr f o r a. 17' o v; _; / 2 CO ~ ,q " J s b. cJ . [/' I ( OJ 232 /Jr· Cctrls'°'4o1 Cit 92.coe A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) -or 60 days if you are the United States or a United States agency, or an office or employee of the United States described· in Fed. R. Civ. P. 12(a)(2) or(~)-You must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 619-694-8452 If you fail to respond, judgment by default will be entered against you for the relief demanded in the compJaint. You also must file your answer or motion with the court. · Date: 5/2/17 John Morrill -------- CLEJU( OF COURT SI M. Niebla Signature of Clerk or Deputy Clerk Page 288 -~·=_,: ~ ', ~ . . . . a·, :.. ,-:i.:.:.ti..::;.,.;,. ~ -• ' ~· -------~ AO 441 Stimmons in a Civil Action · (Page2) Civil Action No. 17cv0697-LAB-BLM Date Issued: 5/2/17 PROOF OF SERVICE (This section should not be filed with the court unless' required by Fed. R. Civ. P. 4(1)) This summons for (11ame of individual and title, if any)CF[§ of' Ca r-l.s.b,qoyo,c h 01,r~ ~ cTtd rl . was received by me on (date) /17 a(} ::2,. ;:2 0 l 7 . Pl 4 •' < 'f<'J -.fir fc ,;;/Joi I personally served the summons on the individual at (place)-------------- ____________________ on(date) _______ ; or I left the summons at the individual's residence or place of abode with (name) -------- -------------' a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or , -n1 rfl.. (} ~ P-;-r-· Ck:r K I served the summons on (name of the individual) Jamin~ J · IC f ·(, 115 /.R':fi4 ''J 1..,,'!J; , who is designated by law to accept se~ce of process ~n ~ehalf of (name°!. organization) C, 'l7-a-£ Ca~/ s baJj a clr.9 ck, r::J;, !f'. ...,.., <2 ,r ,p, ( corpw&yn (date)/!L;J 1, to17; or I returned the summons unexecuted because • ;.or Other (specify): My fees are $ <J for travel and$ _ __...,(!,...._ __ for services, for a total of$ _q? ____ . I declare under penalty of perjury that this information is true. Date: 5/J /2,cJ / -~-5..L.<O'-:~=,..,..,=--------~ / Server's Signature 'D(.,11) Cql) fi w f koe r Printed name and title 3 ZL/S Bdcim $ 5°T, cq/'fsie:d'. CA q2~ · Se111er1s address NOTICE OF RIGHT TO CONSENT TO TRIAL BY A UNITED STATES MAGISTRATE JUDGE IN ACCORDANCE WITH THE PROVISION OF 28 USC 636(C) YOU ARE HEREBY NOTIFIED THAT A U.S. MAGISTRATE JUDGE OF THIS DISTRICT MAY, UPON CONSENT OF ALL PARTIES, CONDUCT ANY OR ALL PROCEEDINGS, INCLUDING A JURY OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT. YOU SHOULD BE AW ARE THAT YOUR DECISION TO CONSENT OR NOT CONSENT IS ENTIRELY VOLUNTARY AND SHOULD BE COMMUNICATED SOLELY TO THE CLERK OF COURT. ONLY IF ALL PARTIES CONSENT WILL THE JUDGE OR MAGISTRATE JUDGE WHOM THE CASE HAS BEEN ASSIGNED BE INFORMED OF YOUR DECISION. JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND THE FEDERAL RULES OF APPELLATE PROCEDURE. Page 289 AO 441 Summons in a Civil Action United States District Court SOUTHERN DISTRICT OF CALIFORNIA Catherine Bryan Civil Action No. 17cv0697-LAB'."BLM Plaintiff v. See Attachment Defendant SUMMONS IN A CIVIL ACTION A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) -or 60 days if you are the United States or a United States agency, or an office or employee of the United States described in Fed. R. Civ. P. 12(a)(2) or (3)-You must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 619-694-8452 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Date: 5/2/17 John Morrill -------- CLERK OF COURT SI M.Niebla Signature of Clerk or Deputy Clerk Page 290 .· 4-,"-~ -. h 1c£t _ +:Jr - AO 441 S(.nunons in a Civil Action Civil Action No. 17cv0697-LAB-BLM Date Issued: 5/2/17 PROOF OF SERVICE (This section should not be filed with the court unlesi required by Fed. R. Civ. P. 4(1)) This summons for (iiame of individual and title, if aiiy) --.iii',;;,· .... · -~ __ S_c_o_· _{..,___Ri_· ..... u...._,.d .... · .... i ~f\_,__51-· -e-'=--('--' was received by me on (date) vvtA i 2 ~ ·zo I 7 I personally served the summons on ~e individual at (place) l zcc; Cjff!-.L s~ (0 . ·v \ L..L AtrG D /q.. l ve on (date) tlA.tt-'t 2, 2o 17 ; or ' J (Page 2) I left the summons at the individual's residence or place of abode with (name) -------- Date: -------------' a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual's last known address; or -------- I served the summons on (name of the individual)--------------' who is designated by law to accept service of process on behalf of (name of organization) ------- _____________________ on (date) _____ ; or I returned the summons unexecuted because __________________ ; or Other (specify): My fees are $ _e-for travel and $ 1-f {) for services, for a total of$ '-f 0 ----- I declare under penalty of perjury that this information is true. rJ1A:f 2 I 201'] ~.kt (~er's~ _\ \ ,() . c:> CP race:» .JOµµ \ l-{l LI f' r~ow cVU~ eJJe r J ~ct l q ft-LOPrit!.d 'Jtv,ttlv E CjA\'?L-$ }rf:10, (AL-J (ol(t11A Cj2oc Server~ address NOTICE OF RIGHT TO CONSENT TO TRIAL BY A UNITED STATES MAGISTRATE JUDGE IN ACCORDANCE WITH THE PROVISION OF 28 USC 636(C) YOU ARE HEREBY NOTIFIED THAT A U.S. MAGISTRATE JUDGE OF THIS DISTRICT MAY, UPON CONSENT OF ALL PARTIES, CONDUCT ANY OR ALL PROCEEDINGS, INCLUDING A JURY OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT. YOU SHOULD BE A WARE THAT YOUR DECISION TO CONSENT OR NOT CONSENT IS ENTIRELY VOLUNTARY AND SHOULD BE COMMUNICATED SOLELY TO THE CLERK OF COURT. ONLY IF ALL PARTIES CONSENT WILL THE JUDGE OR MAGISTRATE JUDGE WHOM THE CASE HAS BEEN ASSIGNED BE INFORMED OF YOUR DECISION. JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND THE FEDERAL RULES OF APPELLATE PROCEDURE. Page 291 1 Exhibit IV 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [33) Affidavit of Catherine Bryan in support of Application for TRO 17cv0697 Page 292 Public Information Below Provided By lntelius Premier Plus Background Check (https:I lwww.intelius.com/premier) Search Name: Yukiko Sumimoto; Owner of Real Property Located at: • 4401 Palos Verdes Dr. E. Rancho Palos Verdes, CA e 3745 Adams ST Carlsbad, CA 3745 Adams ST Carlsbad, CA Tax Amount Tax Year $10,413 2015 4401 Palos Verdes Dr. E. Rancho Palos Verdes, CA Tax Amount Tax Year $5,434 2015 Page 293 7 APPEAL EXHIBIT IV Page 294 Catherine Bryan, 3745 Adams Street, Carlsbad, California. 92008 May 5, 2017 SENT VIA USPS PRIORITY MAIL Elder Financial Fraud Coordinator The United States Attorney's Office 450 Golden Gate A venue, 11th Floor San Francisco, CA 94102; Senate Special Committee on Aging Republican/Majority Office G31 Dirksen Senate Office Building Washington, DC 20510 Senate Special Committee on Aging Democrat/Minority Office 628 Hart Senate Office Building Washington, DC 20510 U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Housing and Civil Enforcement Section, NWB Washington, D.C. 20530 Lawrence Middleton Chief, Criminal Division The United States Attorney's Office Central District of California Criminal Division 312 North Spring Street, 12th floor Los Angeles, California 90012 Re; Criminal Report of egregious acts of elder abuse, elder financial fraud and of providing false information to law enforcement, in violation of State of California Penal Codes §§148.5 (a); 368(b)(1)(2)(3), (c) and (d). Catherine Bryan, a 67-year-old homeowner, is currently gravely and painfully physically disabled by a progressive degenerative bone disease, causing her to experience constant pain, severely limiting her mobility. Catherine Bryan's home has been family occupied continuously for 65 years. Catherine Bryan's current caregivers; Duncan Faulkner (Catherine's son), and, Jean Ann Sauers, are the only other individuals currently residing the residence located at 3745 Adams Street in Carlsbad California ("subject prope1iy"). Page 1 of 8 Page 295 Report of Crimes of Elder Financial Fraud and Abuse, by Scott Rudinger, a code enforcement officer, City of Carlsbad and MTGLQ Investors L.P. The reason, this crime report, is being directly filed with the above listed agencies, is that the persons herein accused of felonious acts of elder financial fraud and abuse; Scott Rudinger and Thomas Arthur Charbonneau; are powerfully connected and influential with local law enforcement. Enclosed with this crime rep011, is documentary proof establishing how City of Carlsbad authorities may have been substantially misinfmmed and misled through deliberately false infonnation provided by Code Enforcement Officer Scott Rudinger and his associate, Thomas Arthur Charbonneau, in violation of California P.C. § 148.S(a), making it a crime for Thomas AI1hur Charbonneau, who resides at 200 N. Camino Real in Oceanside California, to pretend to live next door to two elderly women; Catherine Bryan, and Jean Ann Sauers, currently residing at the subject property, and rep011 that he [Thomas AI1hur Charbonneau] suspects there is a meth-lab (at the subject property) which is a known as a "drug house"; and fu11her state, "I believe there are multiple lethal weapons and numerous other code violations," and on another occasion rep011 by telephone;" I live next door [refening to the subject prope11y] and there is a very loud generator running all night, keeping me awake." REPORT OF UNREASONABLE SEARCH AND SEIZURE At 10 am, on the date of March 29, 2017, a heavily armed team of Special Forces Officers wearing bullet-proof vests, employed by the City of Carlsbad, surrounded and then forcibly entered Catherine Bryan's home, and then then forcibly seized the occupants within the home, at gun point, forcibly holding Catherine Bryan's friends and care-givers in an isolated area, while, for the next two hours, a second team of City of Carlsbad Police Officers, conducted an intensive, room by room of the families' personal belongings, all without benefit of a duly issued Criminal Search Wa1Tant. The City's sole justification appeared to consist of a Judicial Order for a Health and Safety Inspection. Thereafter, May 1, 2017, the City of Carlsbad mailed a 12 page document entitled NOTICE AND ORDER TO REPAIR ( exhibit 5 enclosed herewith) threatening to condemn and then demolish Catherine Bryan's home, unless she could find a way to fund well over $100,000 in mandatory repairs within 120 days. The Notice of Repair was concu1Tently addressed to multiple previous junior lien holders, each of whose junior liens were classified as fraudulent liens, by Federal Judge Laura Taylor, in bankmptcy case No.08-11256 T 13, in 2009. The sole remaining parties with any legal interest in Catherine Bryan's home and contiguous acre ofland currently valued at over $4,000,000 are; Catherine Bryan and entity MTGLQ Investors L.P ., whose interest and ownership claims stand to be determined by the Ninth Circuit Court of Appeals final ruling in pending Appeal Number 13-5661. SUPPORTING EVIDENCE The Criminal Complaint# 07RE0161, [exhibit 3 enclosed herewith] filed with the San Diego District Attorney, on March 30, 2007, reporting Code Enforcement Officer Scott Rudinger, for his very serious financial crimes, substantially establishes why Scott Rundinger is cunently misusing his municipal authority to punish and abuse Catherine Bryan by condemning and demolishing her family home of 65 years. The notarized affidavit of witness, Sonja Dector, [exhibit 1 enclosed herewith] establishes how Thomas A11hur Charbonneau boasted to witness Sonja Dector, that he Page 2 of 8 Page 296 Report of Crimes of Elder Financial Fraud and Abuse, by Scott Rudinger, a code enforcement officer, City of Carlsbad and MTGLQ Investors L.P. [Thomas Arthur Charbonneau] made the above referenced false statements resulting in a criminal raid of the subject property, and also establishing that he [Thomas A11hur Charbonneau] had advance knowledge of the "criminal raid and forcible health and safety inspection" of the subject property, that was conducted on March 29, 2017, initiated on the basis of Thomas Arthur Charbonneau's false complaints to City of Carlsbad. The fact of Thomas Arthur Charbonneau's advanced knowledge of the March 29, 2017 raid, make it reasonable to infer the mutual criminal agenda of Code Enforcement Officer Scott Rudinger, and Thomas Arthur Charbonneau for the wrongful purpose of colluding for the purpose of terrorizing, intimidating, harassing and creating unfair financial challenges, designed to force two elderly individuals; Cathe1ine Bryan, and Jean Ann Sauers, out of their cunent home. The fact that Scott Rudinger and Thomas Arthur Charbonneau made criminally and intentionally false allegations to municipal authorities, for the purpose of obtaining code violations, solely for the purpose oftenorizing, intimidating, harassing Catherine Bryan, and Jean Ann Sauers, is supp011ed by the following enclosed documents substantially establishing all relevant facts. 1. The notarized affidavit testimony of Sonja Dector. ( exhibit 1) 2. Cease and Desist Order, dated April 30, 2017, served to Thomas Arthur Charbonneau on the date of May 2, 2017, (exhibit 2). 3. Criminal Complaint# 07RE0161, filed with the San Diego District Attorney, on March 30, 2007, charging Code Enforcement Officer Scott Rudinger and his associates George Morgan II; Carolyn Blake and Demarco Fletcher with mortgage fraud and criminal embezzlement. (Exhibit 3.) 4. Witness Declarations of; Jean Ann Sauers, Michael J. Troupe, Duncan Faulkner, John Nelson, Danny Ibarra Estrada. Five competent witnesses are prepared to testify as to the details of the forcible gun-point and forcible search of Catherine Bryan's private and personal belongings and as to the unreasonable seizure of Jean Ann Sauers, Michael J. Troupe, Duncan Faulkner, Danny Ibarra Estrada, while the two hour protracted search was conducted. Each witness is prepared to be interviewed by investigating authorities, and as such, has each provided contact information, and each witness has to testify from personal knowledge, in a court of law, as to all the above referenced facts. STATEMENT OF FACTS For twenty-seven years prior to January 2017, Thomas Arthur Charbonneau and Jean Ann Sauers, lived together in an intimate relationship. According to Jean Ann Sauers, Thomas A11hur Charbonneau frequently warned her, that he would harm or even kill her if she tried to leave him. In January of 2017, Jean Ann Sauers frankly admitted to Thomas Alihur Charbonneau that she was having an affair with Duncan Faulkner, Catherine Bryan's son. Thomas Arthur Charbonneau became enraged and instructed Jean Ann Sauers to pack her things and leave. Which she did. Since a February 2, 2010, jury detennination that MTGLQ Investor LP ("MTGLQ") 2009 conveyance of the subject prope1iy title, was wrongful and associated :finding that Catherine Bryans is legally entitled to stay in physical possession of her home of 65- Page 3 of 8 Page 297 Report of Crimes of Elder Financial Fraud and Abuse, by Scott Rudinger, a code enforcement officer, City of Carlsbad and MTGLQ Investors L.P. years; Catherine Bryan has relied on an existing Fourth District, First Division Court of Appeals ORDER, to maintain residency in her home of 65 years at the subject prope1ty. On the date of March 29, 2017, Catherine Bryan's family home, was subject to what amounts to an armed home invasion, by eight heavily armed special forces personnel, in bullet proof vests, six uniformed City of Carlsbad Law enforcement Officers, followed by a number of code enforcement inspectors, who all arrived in four unmarked black SUV's and thereafter, surrounded the subject property, and then entered through the front and back doors with drawn guns, shouting this is the Carlsbad Police, to the occupants within with guns drawn, thereafter, family members and two friends who were visiting, were instructed to raise their hands, and thereafter, removed to an isolated area, while law enforcement conducted a room by room search of the premises, justified as a "Health and Safety" inspection. Because no evidence of any criminal activity or wrongdoing was found or could be produced, the purported "Health and Safety inspection only resulted in a NOTICE AND ORDER TO REPAIR (exhibit 5 enclosed herewith) issued, anticipating that Catherine Bryan, a elderly and disabled senior citizen facing considerable health challenges, temporarily deprived of her substantial (well over $3,000,000) remaining prope1ty equity, and thus forced to survive on a small social security pension of $796.00 per month, could never afford to address City of Carlsbad's exorbitantly expensive mandatory correction list alleging that the public is somehow endangered by Catherine Bryan's home of 65-years, which is a "public nuisance." The NOTICE AND ORDER TO REP AIR goes on to state that if all the required impossibly and prohibitory expensive mandatory corrections, cannot be made within 120 days, then Catherine Bryans' family home of 65 years, will be immediately destroyed and demolished by City of Carlsbad. Catherine Bryan can conclusively establish with material evidence potentially provided through; (1) an independent evaluation of her home; and (2) substantial documentary evidence, sufficient for the purpose of establishing that the real motive and only reason for City of Carlsbad's illegal and unconstitutional home invasion, as described above, is to serve the criminal agenda of Scott Rudinger and Thomas A1thur Charbonneau and to facilitate associated crimes of elder financial fraud and abuse. Scott Rudinger is widely known, and in fact notorious, throughout Carlsbad, to be a corrupt municipal official, who frequently takes monetary compensation, in exchange for his favors. For instance, in 2005 Catherine Bryan installed a seven foot high, very attractive new cedar fence along the front of her prope1ty, at a cost of $4,000.00. Scott Rudinger made cut the fence down to three foot high, on the basis that City of Carlsbad only allowed three foot high fences in front ofresidential prope1ty. In 2013 the owners of the prope1ty, directly across the street from the subject property, installed an almost identical, seven foot high fence across the front of their property. When Catherine Bryan inquired, if the code enforcement objected, her neighbors laughed and responded, "everyone knows you only need to pay off Scotty Rudinger." Similarly in 2005 Catherine Bryan paid $7,000 to install a seven foot high, steel reinforced and back drained retaining wall, replacing the previous adobe brick retaining wall. Once again Scott Rudinger made her cut it down to a three foot high, and therefore much less substantial or effective retaining wall, that is Page 4 of 8 Page 298 Report of Crimes of Elder Financial Fraud and Abuse, by Scott Rudinger, a code enforcement officer, City of Carlsbad and MTGLQ Investors L.P. cmTently attached to her carport, at an additional cost of $3,000. Now, City of Carlsbad's latest abusive NOTICE OF ORDER TO REPAIR, dated May 1, 2017, objects to the smaller retaining wall, that the City insisted on in 2005, as insufficient to support her carport. Catherine Bryan is a disabled elder, currently living on a small Social Security Pension check. Scot Rudinger is keenly aware of this fact, and seeks to financially leverage Catherine Bryan into abandoning her home of 65 years, through his use of false allegations of public endange1ment and expensive mandatory home repairs. The fact that Scott Rundinger is widely known to take bribes, makes it easy to infer, that the City's latest Order To Repair, (Exhibit 5 enclosed herewith) has been strategically crafted to serve the interest of MTGLO Investors L.P. in exchange for monetary compensation. This assertion can easily be established, as since MTGLQ acquired the subject property title, through an illegal conveyance, in October 23, 2009, each year, MTGLQ has remitted $6,000 per year in property taxes, pursuant to MTGLQ's alleged ownership of the subject property. However, MTGLQ's attorneys failed in their attempt to evict elderly property owner, Catherine Bryan, who was subsequently, awarded physical possession of her home at a trial by jury. As a consequence, MTGLQ has now paid almost $60,000 in property taxes, since 2009 and become frustrated, waiting for a Ninth Circuit Court of Appeals ruling on the parties' property rights. Catherine Bryan alleges on infonnation and belief, that MTGLQ has provided Code Enforcement Officer Scott Rudinger, and/or his employers at City of Carlsbad real economic incentives, if they can successfully assist MTGLQ to "cash in on its investment," by forcing Catherine Bryan out of her home through an invasive non-constitutional forcible home inspection, followed by an abusive and unwarranted municipal condemnation. This is why the Catherine Bryan urgently requires a criminal investigation into the crimes of Scott Rudinger, and Thomas Arthur Charbonneau along with an independent evaluation of her home by investigative agencies, along with review of her substantial material evidence of City of Carlsbad and Scott Rudinger's previous provable acts of elder financial fraud [summarized directly below], by all possible investigating authorities, before City of Carlsbad makes good on its threat to forcibly remove Catherine Bryan, an elderly and disabled property owner from her home and then demolish her family home of 65-years, in order to serve the mutual private interests and wrongful mutual agendas of; Thomas Arthur Charbonneau, Scott Rudinger, and MTGLQ. Facts of elder financial fraud and abuse can be easily established by a reasonable analysis and investigation of documentary evidence readily available as email attachments, along an independent evaluation of condition of Catherine Bryan's home. Catherine Bryan can provide investigative agencies with inarguable documentary evidence ofMTGLQ's wrongful equity stripping, of over three million dollars of Catherine Bryan's remaining equity, facilitated by a wrongful foreclosure, as briefly summarized below. Since it can be easily established that the subject property, IS NOT A PUBLIC NUSIANCE, it is reasonable to infer that City of Carlsbad's real motive is Page 5 of 8 Page 299 Reporl of Crimes of Elder Financial Fraud and Abuse, by Scott Rudinger, a code enforcement officer, City of Carlsbad and MTGLQ Investors L.P. City of Carlsbad's and MTGLQ ongoing conspiracy and illegal and unconstitutional and outright criminal actions of elder financial fraud, is because MTGLQ desired to take immediate hostile, adverse possession of the subject property, being unwilling to wait any longer for the pending Ninth Circuit Comi of Appeals, determination of Catherine Bryan's right to a Unilateral Mmtgage Loan rescission. HISTORY OF MISCONDUCT From 2005, until present, Parties who desire to cheaply acquire the subject prope1iy, for pennies on the dollar, have committed provable acts of attempted elder financial fraud, through the following unlawful conduct; 1. From 2005 until 2009, several false and fraudulent liens were placed on the subject property title, by unknown individuals, without Catherine Bryan's knowledge or consent, all the false and fraudulent liens, with the single exception, of a lien for $649,000, filed by primary lienholder, MTGLQ Investors L.P. (a financial entity who the SEC reports is directly owned and operated by Goldman Sachs Bank) were classified as fraudulent, by Federal Judge Laura Taylor, in bankrnptcy case No.08-11256 T 13. 2. City of Carlsbad building depaitment records for subject prope1ty establish that in 2005, parties Carolyn Blake, and George Morgan II, requested building inspections of the subject property, resulting in a letter addressed to the property owners from City of Carlsbad Code Enforcement stating that a health and safety inspection was mandatmy. At the time of said mandatory inspection, Code Officer Scott Rudinger, entered the premises and warned Catherine Bryan, and her then 84- year-old mother, and co-owner of the subject prope1ty, Betty Bryan, ("collectively the Bryans") that unless the legally required and costly ( well over $500,000) mandatory improvements could be completed within 40 days, the B1yans would need to relocate, as the Bryan's home would be condemned by the City of Carlsbad. 3. Soon thereafter, Code Enforcement Officer Scott Rudinger introduced the Bryans to George Morgan II, who represented himself, to be an attorney well connected to the City of Carlsbad, who for a retainer of $250.00, would assist the Bryans to get an extension of the City of Carlsbad co1Tection deadline and meanwhile would assist the Bryans to qualify for a home improvement line of credit, sufficient to pay for all the required upgrades. 4. George Morgan II, and Scott Rudinger, introduced the Bryans to "property development specialists", Carolyn Blake and Demarco Fletcher, who were loan officers, willing to advance their own money to their private contractors who would immediately begin to initiate all the legally required upgrades and improvements to the subject property and meanwhile qualify the Bryans for a home improvement loan that would subsequently be used to pay back loan officers Carolyn Blake and Demarco Fletcher. 5. In 2005, the Bryans were intimidated and teITified at the prospect of being forced out of their home, and as a result, jointly signed and committed to mmigage loan documents encumbering the subject property with a deed of trust. However, the loan officers, not the Bryans, directly received and retained 100% of the home improvement loan funds. Page 6 of 8 Page 300 Report of Crimes of Elder Financial Fraud and Abuse, by Scott Rudinger, a code enforcement officer, City of Carlsbad and MTGLQ Investors L.P. 6. The Bryans did not understand, or suspect George Morgan II, and Scott Rudinger's fraudulent use of municipal health and safety inspections, to commit elder financial fraud, until subsequent to retaining an attorney and filing a Court case for Undue Influence, Fraud, and Unilateral Mortgage Loan Rescission, thereafter conducting discovery through Catherine Bryan's investigative interview of City of Carlsbad chief inspector Patrick Kelley, the Building and Code Enforcement Manager at 1635 Faraday Dr. Carlsbad CA 92008, who looked into the subject prope1iy building department records and shed light on the fact that it was George Morgan II himself who requested the 2005 building inspections that resulted in the violations, concunently misrepresenting that he had clients in the process of acquiring subject prope1iy, as the rational to require building inspections from the City of Carlsbad Building Department. 7. Thereafter, the Bryans' monthly m01igage loan payments, of$4,305.00 per month, required by loan servicer Country-Wide, and later by servicer Select P01ifolio, vastly exceeded what loan officers, Carolyn Blake, and Demarco Fletcher had originally represented. The Bryans immediately bonowed additional money from family members, and retained an attorney to protect their interests, and meanwhile, in order to avoid an unjust foreclosure, made 17 regular mortgage payments of $4,305.00. 8. With the assistance of counsel on November 3, 2008, the Bryans filed a San Diego Superior Court case number 37-2008-00095207-CU-OR-CTL, praying for relief through a unilateral mortgage loan rescission under 15 USC §1635(f); Reg Z §§226.15(a)(3), 226.23(a) and under State of Califomia civil law§ 1689(b)(l)] providing for Unilateral Rescission On The Basis Of Mistake, Fraud, or Duress: (A contract is subject to unilateral rescission by a pmiy whose consent to the contract ( or the consent of another pa1iy jointly contracting with the rescinding pmiy) was given by mistake or obtained through duress, fraud or undue influence exercised by or with the connivance of the party against whom rescission is sought or any other party to the contract jointly interested with the party against whom rescission is sought.) 9. Meanwhile, in order to lift the Bankruptcy Stay and sell, and also buy, the Bryan's $4,000,000 property for only $500,000, MTGLQ filed a false Declaration in Bankrnptcy Court claiming the subject property was worth less than the amount of the $649,000 home improvement loan, and thus MTGLQ's economic interests were not adequately protected. This happened because the loan was based on the value of a 50 year old home and not based on the established land value of over $4,000,000. 10. Along with multiple procedural enors in the foreclosure, the issue ofMTGLQ's illicit equity stripping of $3,500,000 of the Bryans' remaining equity, is why the jmy awarded possession of her home, to Catherine Bryan, and also why the first Division Court of Appeals, stayed MTGLQ appeal of the jury's determination until the Ninth Circuit Comt of Appeals, makes a final determination as to Catherine Bryan's property rights. 11. Subsequent to Catherine Bryan's defeat of MTGLQ at the trial by jmy, the Bryans have been repeatedly victimized by MTGLQ's criminal conduct designed to take hostile adverse possession of the subject property including; (1) unfair financial challenges imposed by massive dumping of construction waste, agricultural debris, Page 7 of 8 Page 301 Report of Crimes of Elder Financial Fraud and Abuse, by Scott Rudinger, a code enforcement officer, City of Carlsbad and MTGLQ Investors L.P. abandoned vehicles, trash and broken furniture, as can be established by Coast Waste Management records of at least $8,000, for numerous 40 foot dumpsters required to remove materials illegally dumped by unknown parties during the night; (2) records reflecting an arson intended to bum Catherine Bryans' home during her absence; (3) large posters placed on every door and window by MTGLQ agents at Excel Prope1iies of Carlsbad, stating this prope1iy is BANK OWNED, and the residents are subject to arrest; ( 4) the March 29, 2017 gun point, forcible health and safety inspection strategically designed to condemn and demolish the Bryans' home. 12. On May 3, 2013 Goldman Sachs aka MTGLQ, provided a settlement check for almost $4,000 to compensate the Bryans for MTGLQ Litton Loan Service abusive and improper foreclosure, but conspicuously failed to return the subject prope1iy title as required by the Superior Comi Jury, TILA and its pertaining regulation Z. For all the above stated reasons, Catherine Bryan urgently requires an investigation into her elder financial fraud and abuse issues, by all possible authorities, before City of Carlsbad can make good on its threat to remove the elderly and disabled prope1iy owner and demolish her home of 65-years, in order to favor MTGLQ and City of Carlsbad's economic interests and mutual development plans. Please note that that Catherine Bryan , by means of this crime report, and by prior arrangement with each witness as discussed above has authorized investigating authorities to contact each party who can corroborate the facts of circumstances above and is ready and willing to provide substantial additional supporting documentary evidence including records from the pertaining Cami actions, further establishing each above statements. All supporting documents can be readily made available by mail or as email attachments. Catherine Bryan can be immediately reached by telephone at 619-694-8452. Very truly yours, Catherine Bryan Enclosures as follows: Exhibit 1. The notarized affidavit testimony of Sonja Dector. (four pages) Exhibit 2. Cease and Desist Order, dated April 30, 2017. (six pages) Exhibit 3. Criminal Complaint# 07RE0161 (three pages) Exhibit 4. Suppmiing witness declarations (three pages) Exhibit 5. NOTICE OF ORDER TO REPAIR dated May 1, 2017 (twelve pages) cc. Attorney for the City of Carlsbad, 1200 Carlsbad Village Drive Carlsbad California, 92008 Page 8 of 8 Page 302 8 APPEAL EXHIBIT V Page 303 I' ' -, r· ·Cathe.ripe Bryan in 1953 with her sister and,.:iiiother·, 1952-1955 ·-( ' 1 1 ! \ . i I -. Catherine· Bi;y~n at hom.e in 1-95S·) ~-. .. . .. -. . ., . . ,~ ... ,, .. . ... ., ' ... -··~· ... .. . . .. . . . . . PHOTOGRAPHS OF ADOBE UNDER CONSTRUCTION Page 304 Courtvard area of adobe today :-4;"· ... .Jbpf5'·ww,; re_ oz:.;;»A~· ~-.-. . . . Catherine Bryan poses next to adobe under construction ... ' ... t : :. V ~ !•.----~·-- Catherine Bryan with her father; the adobe architect builder Clarence Bryan CONSTRUCTION OF UNIQUE HISTORICAL HACIENDA Page 305 ' .. •;-. . f ; ~· ;-. ;'.:· }. : ~ t-' /.·\ . .' .. ,' ·catherine Bryan in front of her adobe' house in 1953 Page 306 ,_, ~. ! ..... ( Catherine Bryan With drying iidobe bricks 1954 ·--- I I I I I Page 307 Catherine Bryan with<;,her, mother in 1954 Page 308 Catherine Bryan in adobe under contruction in 1954 Page 309 EXHIBIT 4 June 12, 2017 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 RE: Appeal of Notice and Order to Repair Property at 3745 Adams Street Dear Ms. Bryan : C cicyof Carlsbad Your appeal of the Notice and Order to Repair the property located at 3745 Adams Street, Carlsbad, CA 92008, was t imely received by the City of Carlsbad on May 26, 2017. We have received your fee waiver request and no fees will be assessed for this hearing. The appeal hearing will be held at the regular meeting of the City Council of the City of Carlsbad on the date and time shown below. Date Time City Location July 18, 2017 6:00 PM City of Carlsbad City Council Chambers 1200 Carlsbad Village Drive Carlsbad, CA 92008 If you have any questions please call my office. Mike Peterson Building Official City of Carlsbad Community & Economic Development Building Division 1635 Faraday Avenue I Ca rlsbad, CA 92008 I 760-602-2719 I 760-602-8560 fax Page 310 6/12/2017 CITY OF CARLSBAD Building Department 1635 FARADAY AVE CARLSBAD CA 92008-7314 Simple Certified Mail USPS CERTIFIED MAIL 1111 1111111 1111 9407 1106 9994 5023 5762 16 CATHERINE BRYAN 3745 ADAMS ST CARLSBAD CA 92008-3402 1•l11'•' 11' 111111111' 1' 1I I 111l 1Mllll 11' 1h lnh 1' •hl111 I l•'l•1 FOLD ALONG THIS LINE https://my.simplecertifiedmail.com/Printlabel.aspx US POSTAGE AND FEES PAID FIRST-CLASS Jun 12 2017 Mailed from ZIP 92008 1 oz First-Class Mail Letter CID: 197414 • I: II) 8 3 071S00534813 1/1 Page 311 June 27, 2017 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 RE: Appeal of Notice and Order to Repair Property at 3745 Adams Street Dear Ms. Bryan: ( City of Carlsbad Your appeal of the Notice and Order to Repair the property located at 3745 Adams Street, Carlsbad, CA 92008, was timely received by the City of Carlsbad on May 26, 2017. We have received your fee waiver request and no fees will be assessed for this hearing. The appeal hearing will be held at the regular meeting of the City Council of the City of Carlsbad on the date and time shown below. Date Time City Location July 18, 2017 9:00 AM City of Carlsbad City Council Chambers 1200 Carlsbad Village Drive Carlsbad, CA 92008 The first notice had the incorrect time, if you have any questions please call my office. Thank you, Mike Peterson Building Official City of Carlsbad Community & Economic Development Building Division 1635 Fa raday Avenue I Carlsbad, CA 92008 I 760-602-2719 I 760-602-8560 fax Page 312 EXHIBIT 5 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that a hearing will be held before the City Council of the City of Carlsbad at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 9:00 a.m. on Tuesday, July 18, 2017, to consider the appeal of Catherine Bryan of the Notice and Order to Repair Property at 3745 Adams Street, Carlsbad, California (APN 205-270-13-00}, dated May 1, 2017. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the City Clerk of the City of Carlsbad, on or before July 14, 2017. Whereas, on May 1, 2017 the Building Official of the City of Carlsbad issued a Notice and Order to Repair regarding the property located at 3745 Adams Street in the City of Carlsbad, California (APN 205-270-13-00}. The Notice and Order to Repair identified certain substandard conditions that substantially endanger the health and safety of residents or the public. The Notice and Order to Repair required that repair o.r demolition must commence within 45 days of the date of the Notice and Order. Those persons wishing to speak on this appeal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after July 14, 2017. If you wish to have the City Council consider any written material, please provide such written material to the City Clerk no later than close of business on July 14, 2017. If you have any questions, please contact Building Official Mike Peterson at 760-602-2721 or mike.peterson@carlsbadca.gov. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. If you challenge the City Council's decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CITY OF CARLSBAD CITY COUNCIL Page 313 PROOF OF SERVICE I, Flora Waite declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. On June 29, 2017, I served the within document: NOTICE OF PUBLIC HEARING by mailing two copies of the document(s) listed above in the United States mail at Carlsbad, California addressed as set forth below. I mailed one copy by regular, prepaid first-class mail. I mailed the other copy by prepaid first-class, certified mail, return receipt requested Parties Served: Betty Bryan Cyndahow Investments, LLC 3745 Adams Street c/o Bankers Hill Capital, Inc. Carlsbad, CA 92008 13934 Boquita Dr. Del Mar, CA 92014 Catherine Bryan Rick Ardissoni 3745 Adams Street c/o Kokopelli Corporation Carlsbad, CA 92008 3745 Adams St. Carlsbad, CA 92008 Yukiko Sumimoto Banker's Hill Capital, Inc. 4401 Palos Verdes Dr E 13934 Boquita Dr. Rancho Palos Verdes, CA 90275-6473 Del Mar, CA 92014 Equity Partners, LLC Anthony Chavez c/o lncorp Services, Inc. c/o David S. Fisher, A Professional Law 3773 Howard Hughes Pkwy, Suite SOOS Corporation Las Vegas, NV 89169-6014 5850 Canoga Ave Fl 4 Woodland Hills, CA 91367-6554 Novelle Financial Services Betty Bryan 19500 Jamboree Road, Suite 102 c/o Andrea Millon, Financial Director Irvine, CA 92612 Kokopelli Community Workshop Corporation 3745 Adams Street Carlsbad, CA 92008 Page 314 Bounlet Louvan, Agent for Service of Process LaSalle Bank National Association, as trustee Quality Loan Service Corporation c/o Richmond Monroe Group 411 Ivy Street 15511 State Highway 13 San Diego, CA 92101 Branson West, MO 65737 Sherry Garrels, Agent for Service of Process FD C&C Properties County Records Research, Inc. c/o David S. Fisher, A Professional Law 4952 Warner Ave. #105 Corporation Huntington Beach, CA 92649 5850 Canoga Ave Fl 4 Woodland Hills, CA 91367-6554 MTGLQ Investor, LP 3745 Adams Street, LLC c/o Bill Koch, Select Portfolio Servicing, Inc. c/o David S. Fisher, A Professional Law 3217 Decker Lake Dr. Corporation W Valley City, UT 84119 5850 Canoga Ave Fl 4 Woodland Hills, CA 91367-6554 San Diego County Treasurer -Tax Collector Titan Financial Services, Inc. 1600 Pacific Highway, Room 162 716 Katherine Road San Diego, CA 92101 Santa Susana CA 93063 I am readily familiar with the City's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 29, 2017, at Carlsbad, California. ;~f: "-/f 0-,,,p, ( \.___/ Flora Waite ) /; /~- (./\.../ CV\\. Page 315 EXHIBIT 6 -· • '-U JUL 13 2017 BEFORE THE Ct TY OF CAR BOARD OF ADMINISTRATIVE APPEAIJ CITY CL£RK·s LOSBAO FFICE CITY OF CARLSBAD CALIFORNIA In the Matter of: CA THERINE BRYAN'S; APPEAL OF CODE ENFORCEMENT OFFICER, MIKE PETERSON'S NOTICE OF ORDER TO REPAIR; DA TED MAY l, 2017. APPELLANT'S REQUEST FOR CONTINUANCE of administrative hearing scheduled for JULY 18, 9:00 am. On May 26, 2017, appel !ant Catherine.Bryan, filed a request for an administrative hearing. Originally the hearing was set for 6pm on July 18, 2017. In order to fully support the issues raised in her administrative appeal, Appellant retained the services of expert consultants, including a local architect and a forensic structural engineer, experienced in litigation support. In order to further support the issues raised in her administrative appeal appellant made two separate timely requests for production of records from City of Carlsbad on the dates of June 3, 2017, and July 8, 2017 respectively. Subsequently City of Carlsbad rescheduled the administrative hearing time from, its original time of 6pm, July 18, to 9 am July 18 2017. Basis for granting a continuance; (1) none of the requested records have yet been provided by City of Carlsbad; and (2)Appellant has recently retained counsel, who needs to review the records requested in order to adequately prepare for the hearing; (3) appellant's expert witnesses are prepared to testify on Appellant's behalf, but have previous commitments, that will prevent them from attending the rescheduled hearing time; ( 4) City of Carlsbad, has failed to withdraw its mandatory order to demolish Appellant's home in 45 days from the May 1, 2017 Notice Date, and due process requires that a new hearing time should scheduled to review all applicable records and hear all of the available testimony Relief Requested; the administrative hearing on Appellant's Appeal, should be rescheduled to the next regular City of Carlsbad, City Couni:H Meeting. This Request for Continuance is concurrently being served on (1) The Clerk for the City of Carlsbad; (2) Celia A, Brewer; Paul Edmonson, City Attorneys (3) Mike Peterson Building Department Official. Page 316 EXHIBIT 7 July 14, 2017 Catherine Bryan 3745 Adams Street Carlsbad,CA 92008 ( City of Carlsbad RE: Request for Continuance of the Appeal of Notice and Order to Repair Property at 37 45 Adams Street Dear Ms. Bryan: In accordance with your request for a continuance ofthe appeal of the Notice and Order to Repair the property located at 3745 Adams Street, Carlsbad, CA 92008, we have rescheduled the hearing. The appeal hearing will be held at the regular meeting of the City Council of the City of Carlsbad on the date and time shown below. Date August 22, 2017 Th ank you, ~ Mike Peterson Building Official City of Carlsbad Time 6:00PM Community & Economic Development Building Division City Location City of Carlsbad City Council Chambers 1200 Carlsbad Village Drive Carlsbad,CA 92008 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2719 I 760-602-8560 fax Page 317 EXHIBIT 8 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that a hearing originally scheduled for 9:00 a.m. on Tuesday, July 18, 2017 has been continued to August 22, 2017 at 6:00 p.m. before the City Council of the City of Carlsbad at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, to consider the appeal of Catherine Bryan of the Notice and Order to Repair Property at 3745 Adams Street, Carlsbad, California (APN 205-270-13-00), dated May 1, 2017. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant ,evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the City Clerk of the City of Carlsbad, on or before August 11, 2017. Whereas, on May 1, 2017 the Building Official of the City of Carlsbad issued a Notice and Order to Repair regarding the property located at 3745 Adams Street in the City of Carlsbad, California (APN 205-270-13-00). The Notice and Order to Repair identified certain substandard conditions that substantially endanger the health and safety of residents or the public. The Notice and Order to Repair required that repair or demolition must commence within 45 days of the date of the Notice and Order. Those persons wishing to speak on this appeal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after August 17, 2017. If you wish to have the City Council consider any written material, please provide such written material to the City Clerk no later than close of business on August 17, 2017. If you have any questions, please contact Building Official Mike Peterson at 760-602-2721 or mike.peterson@carlsbadca.gov. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. If you challenge the City Council's decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CITY OF CARLSBAD CITY COUNCIL Page 318 PROOF OF SIERViCIE I, Flora Waite declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. On July 14, 2017, I served the within document: NOTICIE OF PUBLIC HEARING by mailing two copies of the document(s) listed above in the United States mail at Carlsbad, California addressed as set forth below. I mailed one copy by regular, prepaid first-class mail. I mailed the other copy by prepaid first-class, certified mail, return receipt requested Parties Served: Betty Bryan Cyndahow Investments, LLC 3745 Adams Street c/o Bankers Hill Capital, Inc. Carlsbad, CA 92008 13934 Boquita Dr. Del Mar, CA 92014 Catherine Bryan Rick Ardissoni 3745 Adams Street c/o Kokopelli Corporation Carlsbad, CA 92008 3745 Adams St. Carlsbad, CA 92008 Yukiko Sumimoto Banker's Hill Capital, Inc. 4401 Palos Verdes Dr E 13934 Boquita Dr. Rancho Palos Verdes, CA 90275-6473 Del Mar, CA 92014 Equity Partners, LLC Anthony Chavez c/o lncorp Services, Inc. c/o David S. Fisher, A Professional Law 3773 Howard Hughes Pkwy, Suite SOOS Corporation Las Vegas, NV 89169-6014 5850 Canoga Ave Fl 4 Woodland Hills, CA 91367-6554 Novelle Financial Services Betty Bryan 19500 Jamboree Road, Suite 102 c/o Andrea Millon, Financial Director Irvine, CA 92612 Kokopelli Community Workshop Corporation 3745 Adams Street Carlsbad, CA 92008 Page 319 Bounlet Louvan, Agent for Service of Process LaSalle Bank National Association, as trustee Quality Loan Service Corporation c/o Richmond Monroe Group 411 Ivy Street 15511 State Highway 13 San Diego, CA 92101 Branson West, MO 65737 Sherry Garrels, Agent for Service of Process FD C&C Properties County Records Research, Inc. c/o David S. Fisher, A Professional Law 4952 Warner Ave. #105 Corporation Huntington Beach, CA 92649 5850 Canoga Ave Fl 4 Woodland Hills, CA 91367-6554 MTGLQ Investor, LP 3745 Adams Street, LLC c/o Bill Koch, Select Portfolio Servicing, Inc. c/o David S. Fisher, A Professional Law 3217 Decker Lake Dr. Corporation W Valley City, UT 84119 5850 Canoga Ave Fl 4 Woodland Hills, CA 91367-6554 San Diego County Treasurer -Tax Collector Titan Financial Services, Inc. 1600 Pacific Highway, Room 162 716 Katherine Road San Diego, CA 92101 Santa Susana CA 93063 Gabriel Ozel Houser & Allison, APC 9970 Research Dr. Irvine, CA 92618 I am readily familiar with the City's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on July 14, 2017, at Carlsbad, California. Flora Waite Page 320 1 Exhibit I BEFORE THE BOARD OF ADMINISTRATIVE APPEALS FOR THE CITY OF CARLSBAD PLEASE TAKE NOTICE OF PROPERTY OWNER; CATHERINE BRYAN'S; MOTION TO ADMIT ADDITIONAL EVIDENCE & TO SET ASIDE DANGEROUS BUILDING ALLEGATIONS IN INSPECTION REPORT OWNER/APPELLANT: PROPERTY LOCATION: CATHERINE BRYAN Telephone # 760 696 0186 3 745 Adams Street, Carlsbad Ca. 92008 Property owner, Catherine Bryan("appellant")respectfully requests that City of Carlsbad Municipal Government, admit into evidence the Expert Witness letter of Rhett M. Savoie, (herein attached as exhibit I) and in light of the evidence provided therein, (and also in light of the previous evidence provided in the expert witness video of Jim Bell) Set Aside the unfair Dangerous Building Allegations contained in Inspector, Mike Peterson's Inspection Report dated May 1, 2017. Additionally, as you are aware, Property owner, Catherine Bryan, is financially challenged by temporary loss of over $2,000,000 in missing equity, pursuant to facts of illegal equity stripping committed by lien- holder MTGLQ Investors L.P. and, as such, requires instant reimbursement for her expert witness costs of (1) $500.00 to Jim Bell and (2) $400.00 paid to Structural Engineer Rhett M. Savoie, that were essential to avoid an imminent unfair abatement and demolition of her home as a dangerous building. Abatement of dangerous buildings. 13.10.010 Definition. For purposes of this chapter "dangerous building" means any building falling within the definition of "dangerous building" under the provisions of the California Building Code and 1997 Uniform Code for the Abatement of Dangerous Buildings, or within the definition of "substandard building" under the provisions of the Uniform Housing Code, which, in addition thereto, presents an immediate and imminent threat to public safety. Such threat may arise by virtue of numerous circumstances such as, but not limited to, substantial risk of collapse or danger of fire. (Ord. 1282 § l (part), 2003: Ord. 877 § 1, 1977).13.10.020 Determination of condition. There is delegated to the city building official the absolute discretion and sole responsibility for making the determination of whether a building is a dangerous building. (Ord. 1282 § 1 (part), 2003: Ord. 877 § 2, 1977). 15.10.110 Appeals to City Council; (3) Hearing. The City Clerk shall forthwith set the matter for hearing before the City Council at a subsequent meeting and shall cause notice thereof to be given to the appellant(s) not less than five days prior to such hearing unless such ,notice is waived in writing by the appellant(s). The City Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive on the matter. The City Council may affirm, reverse, modify, or set aside any order or action for Abatement. Respectfully Submitted on this day of August 21, 2017 Catherine Bryan ~ .0 £~ IJSI iDUNN S;AVOIE INC. STRUCTURAL £NGINE£RING August21,2017 Mike Peterson, City of Carlsbad Building Official (1635 Faraday Ave) c/o Betty Bryan 37 45 Adams St Carlsbad, CA 92008 Reference: Structural Response to "Notice and Order to Repair" letter dated May 1, 2017 Dear Mr. Peterson: 908 S. CLEVELAND S OCE.AN£1DE, CA 920:: 760.966.6355 Pf-1. 760. 966 .6360 FY-.. os,,:J)suP..FDE1.CDt-i EMA The purpose of this letter is to provide a response for the Structural Issues only as noted on your referenced letter on page 5 (1001.3 items 4 & 6) and on page 7 (items (b) 2, 4 & 6). I performed a visual site inspection of the subject property at 1 0am on Saturday August 19, 2017. I respectfully present my opinions for your consideration regarding the Structural Citations as follows: Item 2: The South wing floor consists of a concrete slab on grade underneath carpet and padding, with extra padding in some areas. The concrete is sound and not spongy, it is the finish surfaces on top that are spongy. Item 4: The eastern end of the carport cover is supported by a 4x6 beam with light gage post caps to 4x4 posts that bear on top of a cantilevered concrete retaining wall with light post stand-off post bases. It appears that the retaining wall has tilted westerly slightly which has caused the beam above to be slightly tilted. In my opinion, this condition is not on the verge of failure or unsafe. The condition can be improved by shoring the joists and sliding the drop 4x6 beam slightly to the west (and re-nailing the joists to it) in order to have the supporting post perfectly plumb. I would also suggest a Simpson Column Cap to replace the post caps in order to restrain the beam rotation. Item 6: The second story of the residence is supported by the concrete bond beam behind the ledger and the adobe wall with arch below. The bond beam appears to be tied into the concrete stairs assembly which is not cracked and does not indicate signs of non-performance. The west end appears to be originally supported by a triple joist as a drop beam with post each end (a new heavy timber beam and post each end have recently added as a reinforcement) with the joists cantilevering to the west. It appears that at some point, supplement posts and a beam was added to the west end of the assumed cantilever. The posts continue through the pavers presumably to concrete footings below. Second floor sagging was not observed or noticed ... my heel drop test resulted in satisfactory floor stiffness. The roof/ceiling framing at the South Wing exhibits signs of excessive moisture intrusion and there are likely roof members with dry-rot damage. The area at the hanging light appears to have the greatest sag, but most of that sag appears to be from the ceiling drywall sagging between supports and separating from the joists. This localized area is the only area that I consider to be potentially unsound and unsafe. In summary, with the above mentioned possible exception, it is my opinion that the building is not in immediate danger of collapse. The areas of concern are all correctable, and do not warrant an order to condemn or tear down. s;ncerely, ~ :~:NMS7i!if? , 46/4--23_)_* --· * License numb s registered with the Board of Professional Engineers and Land Surveyors. ~