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2017-08-22; City Council; ; Appeal of Notice and Order to Repair Property at 3745 Adams Street Part 2-Supplemental Material
Appeal of Notice and Order to Repair Property at 3745 Adams Street Public Hearing August 22, 2017 Supplemental Materials for City Council Consideration {city of Carlsbad August 21, 2017 To: From: Subject: MAYOR AND CITY COUNCIL CITY ATTORNEY APPEAL OF NOTICE AND ORDER TO REPAIR PROPERTY AT 3745 ADAMS STREET Appellant, Catherine Bryan, delivered the attached letter from Dunn Savoie, Inc. and the attached email today for your review related to her August 22, 2017 appeal hearing. cc: City Clerk City Attorney Very truly yours Heather L. Stroud DEPUTY CITY ATTORNEY ,. 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax I www.carlsbadca.gov, DSI DUNN SAVOIE IND. -----·-~--~-- ST RU CTU RA L ENGINEERING August 21, 2017 Mike Peterson, City of Carlsbad Building Official (1635 Faraday Ave) c/o Betty Bryan 3745 Adams St Carlsbad, CA 92008 Reference: Structural Response to "Notice and Order to Repair'' letter dated May 1, 2017 Dear Mr. Peterson: 9DEJ G CLL'v'[:...AND Sl OCLAt,~IDL C,, 9 ~.:. 5 rit. 0. 9 t, t.. 03-::.:::, Pt-•. ?t. D.9t,L .u:.:JLD fX O=:i-'.))9LF!.-C.>!: .C:Lv LM/,1 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 10am 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. 46423)* ed with the Board of Professional Engineers and Land Surveyors. Heather Stroud From: Sent: To: Subject: Attachments: catherine bryan <koldesigns@yahoo.com> Monday, August 21, 2017 1:28 PM 10news@KGTV.com; newstips@lOnews.com; Council Internet Email; Heather Stroud; Paul Edmonson; jimbellob@hotmail.com Breaking News Story; re 3745 Adams Street Demolition, as discussed in detail with reporters Josh & Brad 2.jpg; 3.jpg; IMG_0668.JPG; IMG_0650.JPG; IMG_0703.JPG; pie 13.jpg; pie 9.jpg; pie 11.jpg; img-821123446.pdf; supplemental breif.pdf; email exhibit.docx; jim bio.pdf To ensure full accuracy, and transparency of all events reported herein to channel 10 News, I am copying incumbent 2nd District Councilman Jim Bell, City of Carlsbad City Council Members, and City of Carlsbad Attorneys along with my proposed news story. SUMMARY OF STORY My name is Catherine Bryan, I can be reached at 760-696-9189, I am a fully disabled elder of 67-years, whose sole source of income is a social security pension of $796.00/month, who pursuant to City of Carlsbad's MANDATORY ORDER FOR DEMOLITION stands to be removed from my family home of 67-years, at 37 45 Adams Street Carlsbad California, located on a very valuable acre of downtown Carlsbad Real Estate, as soon as August 23, 2017. This is all happening because, City of Carlsbad building official Mike Peterson, has officially determined my home is "a dangerous building," and unsafe for me to reside in. I have provided City of Carlsbad Policy Makers, with a video documentary (attached to my email) discussing in detail, the soundness and safeness of my home, produced by a well-known, San Diego building designer, and incumbent 2nd District San Diego City Councilman, Jim Bell, (http://www.jimbell.com) and also with an official 1 report from an expert witness City of Oceanside Structural Engineer, Rhett Savoie, (760-966-6360), providing an official determination that "my home is not a dangerous building, and City of Carlsbad Mandatory Condemnation Order, is unwarranted," In spite of these facts, the MEETING AGENDA for the 6pm, August 22, 2017, 6pm City of Carlsbad Council Meeting, reflects the fact the Carlsbad City Manager, has issued a recommendation that the proposed demolition of my home should proceed. I have consulted a local property law attorney, who has practiced law in Carlsbad, for over 30 years now, Samuel Kelsall V, who expressed the opinion, from his multiple related pending and previous cases against City of Carlsbad, that Carlsbad's Building Department and Code Department Officials, are often corrupt, and frequently favor the interests of developers, who seek to cheaply acquire valuable City of Carlsbad real estate, like my valuable acre of property, and were in all likelihood paid off or otherwise influenced to the produce false and substantially exaggerated inspection report, imposing an impossible thirty day deadline, for me to open permits and initiate work on at least $100,000 of mandatory upgrades and repairs to my home, or within 45 days, stating therein that a receiver MUST BE appointed and my family home of sixty-five years MUST be demolished by City of Carlsbad. The Documents included as attachments with this email, provide current photographs of my home, a video of my acre of property, and certified copies of Federal District Court Documents, and legislative administrative documents filed by, or in response City of Carlsbad Municipal Government wherein City of Carlsbad threatens 2 to appoint a receivership, condemn and then demolish my home within 45 day of May, 1, 2017. BACKGROUND Back in March of 2005, a similar mandatory building inspection, was required by City of Carlsbad, only code enforcement officer at that time, Scott Rudinger. As a result of the inspection, a mandatory correction list was issued, requiring me to make at least $600,000 of mandatory upgrades and repairs to my home, to avoid condemnation and eviction. Later I investigated through a face to face meeting with Chief City of Carlsbad Building Inspector, Pat Kelly, who examined the building department records, and reported the inspections of my home were actually requested by the Loan Officers, who used the resultant code violations, to force my commitment home improvement loan for $649,000. On November 18 of 2005, these loan officers took receipt of the loan funds, made a few repairs to the roof and the carport, and then embezzled the remainder of tmy home improvement loan funds. Now City of Carlsbad, can't seem to locate these critically important records. City of Carlsbad was also served with duly issued subpoenas for all its meeting agendas and planning meetings discussing mutual development plans for my property and for all business correspondence with the developers who seek to take adverse hostile possession of my property. City of Carlsbad Manager, recommends proceeding with demolition, without compliance with his duty to produce these critically important records. On February 2, 2009, a north 3 county jury determined that MTGLQ Investor's L.P. (a company the SEC reports is directly owned by Goldman Sachs Bank) foreclosure on my home was wrongful. City of Carlsbad's adverse action was delivered to me on May 3, 2017, just subsequent to my receipt of a notification from Clerk of the U.S. Court of Appeals Molly C. Dwyer, indicating that; within the next three to four months, oral arguments will be scheduled and a final determination will be made, as to my right of rescission under Section 1635(f) Truth-in-Lending-Act ("TILA") and Regulation Z, that could potentially legally require MTGLQ Investors L.P.; to return title and equity of my family home of 65 years, to my rightful possession, pursuant to the recent (Jan. 13, 2015) U.S. Supreme Court ruling provided in Jesinoski v. Countrywide Home Loans, Inc., 2015 WL 144681. City of Carlsbad's condemnation letter was delivered to me on or about May 3, 2017, and thereafter, on May 5, 2017. The primary basis of my pending District Court action against City of Carlsbad, is elder financial fraud, pursuant to the irreparable harm I will suffer if City of Carlsbad City Council, follows the City manager's recommendations. City of Carlsbad's Public Notice sets a date certain-June 15, 2017-by which time I must comply with Scott Peterson's demand to show proof of progress on at least $100,000 of mandatory repairs and upgrades to my family home of 65- years, or else a receivership will be appointed and my home must be summarily condemned and demolished. PROCEDURAL HISTORY 4 In 2009, County of San Diego, Superior Court eviction case# 37-2012-00200153, was filed against me by; MTGLQ Investors L.P.; Subsequently, a Special Verdict was rendered in a trial by jury; finding that MTGLQ Investors L.P foreclosure was wrongful and awarding possession of my home to me. Thereafter, a San Diego County First Division Appeal was filed by MTGLQ Investors L.P. designated as Appeal 37-2009-00040923. Final disposition of MTGLQ Investors L.P. appeal, is stayed (as of October 14, 2012) pending a final determination of the 9th Circuit Court as to my rights under TILA to recover title and equity of my family home. Currently Goldman Sachs and/or their agents, continue to remit, $10,000 per year in property taxes, to the San Diego County Tax Asessors Office on behalf of my ]property. However, pursuant to California's Proposition 13, the base property rate on my home continuously remained at close to $500.00 per year, until it was· erroneously inflated to over $10,000 per year, as was triggered through multiple procedurally defective conveyances of the title. My related federal district court action, 17 cv00697-LAB-BL, names City of Carlsbad Mayor and each City Councilman, separately as defendants, as a result of their ongoing constitutional and clearly established administrative indifference to Scott Peterson and his associate , code officers [Rudinger's] ongoing and active criminal role in conspiring with other unknown and/or previously identified individuals, who could not be located for prosecution, subsequent to depriving me of my 2005, home improvement loan funds and of over $2,000,000 of my remaining remaining equity. 5 The fact that attorney Samuel Kesell V, who has practiced property law in Carlsbad, for 20 years, reports that City of Carlsbad, is frequently and widely known to be corrupt in favor of interests of wealthy parties who seek to acquire real estate, and has been non- compliant with my subpoenas, and that City Manager, is recommending upholding the May 1, 2017, condemnation letter, completely ignoring expert witness findings, that my home is not a dangerous building, all point to the fact that, that CITY' s urgent determination to summarily condemn and demolish my beautiful historic sixty-five-year-old adobe hacienda, is a strategy designed to favor the interests of Goldman Sachs Bank. I need to generate public interest, and expose City of Carlsbad's onging non constitutional practices. I invite Channel 10, to come tour my beautiful historic adobe home, and also attend the 6pm, PUBLIC HEARING, a City Council Meeting that will determine my fate. Thanks, Catherine 6 It seems I cannot sent all my attachments without exceeding my limit, so I will need to send several more emails in order to provide all relevant supporting information 7 ;;_ .'\:.!:-1$; C•v1!., -CONTI IN CLUES i'I HIV FIGHT 1 Catherine Bryan 3745 Adams Street 2 Carlsbad, California 3 Telephone: 619-694-8452 4 Plaintiff In Pro Se 5 6 7 8 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 CATHERINE BRYAN, Plaintiff, V. CITY OF CARLSBAD, a charter city and l 7 municipal corporation; SCOT 18 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 plaintiffs physical possession of 22 the real property described int the 23 complaint adverse to Plaintiffs residency, does. 24 25 26 27 28 Defendant(s). Supplementary Brief Case No. 17cv00697-LAB-BL PLAINTIFF CATHERINE BRYAN'S SUPPLEMENTAL BRIEF IN SUPPORT OF PLAINTIFF'S MOTION(S) FOR LEA VE TO FILE A SUPPLEMENTAL COMPLAINT AND JOINDER OF NEW PARTY DEFENDANTS JUDGE: Hon. Larry Allen Burns Hearing Date: 9/18/2007 Time: 11:15 am Dept: Annex Ctrm: 14A 3: 17-cv-00697-LAB-BLM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Under California law, there is delegated to each city, a building official with the absolute discretion and sole responsibility for making the determination of whether a building is a dangerous building. (Abatement of Dangerous Buildings; Chapter 13.10.010; Ord. 1282 § 1 (part), 2003: Ord. 877 § 2, 1977).) In City of Carlsbad that official is Mike Peterson. Under Chapter 13.10.070; "The city council of the city, with the advice of the building official and such other persons as it chooses to consult, in either regular or special session, shall make the determination whether a structure constitutes a "dangerous structure" as hereinabove defined." On May, 5, 2017, property owner, Catherine Bryan, ("Plaintiff') a disabled senior citizen of 67, years, took receipt of a communication from City of Carlsbad, ("City") entitled municipal NOTICE OF ORDER TO REP AIR, "NOTICE" that required Catherine Bryan to pay for inspection permits, initiate and show progress on $100,000 of mandatory repairs to her home within 30 days, or mandatory demolition of her home must commence in 45 days. The notice clearly contained false findings such as: (a) Catherine Bryan's home has unpainted wooden walls which are deteriorated; (b) Catherine Bryan's home has floors which are spongy; 15 (c) 16 (d) Catherine Bryan's kitchen was removed; no kitchen sink with running water; Catherine Bryan's home has been altered and expanded, subsequent to its final 17 18 19 20 21 22 23 24 25 26 27 28 inspection in 1958, including new bedrooms, a new carport, improper framing of a new upper level that lacks any support, has dangerously sagging beams, and as a result, the Notice; " identified certain substandard conditions that substantially endanger the health and safety of residents or the public." Subsequently, as provided in Plaintiffs two motions, Plaintiff reached out separately, to each and every City of Carlsbad Council member, praying for immediate relief from Building Official Mike Peterson's intended violation of her constitutional rights of equal protection and due process through summary demolition of her home; attaching substantial proof of that the NOTICE contained deliberately false findings through; (1) three notarized witness affidavits; (2) photographic evidence; and (3) the expert witness video testimony of Jim Bell, a highly respected expert in sustainable architecture and incumbent 2nd District San Diego City Councilman, ( exhibit I herein attached) whose video testimony and concurrent tour of Catherine Bryan's home, conclusively establishes the Notice's findings were deliberately false and therefore, it can be easily inferred strategically designed to summarily Supplementary Brief 3:17-cv-00697-LAB-BLM 1 and improperly, condemn and demolish Plaintiffs home and family residence upon 2 Mike Peterson's sole authority, unless each member of City Council, exercised their 3 constitutional duty to intervene, and authority under Chapter 13.10.070 to; (1) 4 consult an independent qualified architect and or structural engineer; (2) convene a special session to reach the truth of the matter. In Charter cities, such as City of 5 Carlsbad, City Councilmembers have "home rule" powers that permit them to exercise 6 the ultimate authority, to affirm, reverse, modify, or set aside any order or action for 7 Abatement of a Dangerous Building. Plaintiff attaches herewith as exhibit II, 8 Plaintiffs email communication therein demanding a corroborating expert evaluation, 9 prior to the August 22, 2017 hearing. City Council remained unresponsive. Exhibit III, 10 provides the Court with an unsigned copy of the OATH OF OFFICE, that each City of 11 Carlsbad Council-member signed; prior to being sworn into office; therein promising to support and defend and bear true faith and allegiance to the Constitution of the United 12 States. Each City Councilman violated their Oath Of Office, separately and individually, 13 through their failure to intervene and protect plaintiff, as required under Title 42 U.S.C. 14 section 1986, requiring each City of Carlsbad Councilman, to protect Plaintiff, after 15 careful scrutiny and review of material evidence establishing the grave and serious 16 nature of Mike Peterson's non-constitutional acts, in violation of Plaintiff Catherine 17 Bryan's constitutional, civil rights, and property rights. Nevertheless, City Council 18 thereafter, voted to deny relief, refusing to consult with qualified experts, and unilaterally adopted a resolution to uphold Mike Peterson's Unilateral Order, for 19 summary demolition Plaintiffs family home of 65-years. (Under§ 1986. "Every person 20 who, having knowledge that any of the wrongs conspired to be done, and mentioned in 21 section 1985 of this title, are about to be committed, and having power to prevent or 22 aid in preventing the commission of the same, neglects or refuses so to do, if such 23 wrongful act be committed, shall be liable to the party iniured, or his legal 24 representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented. " 25 Respectfully Submitted, on this day of August 18, 2017 26 27 Catherine Bryan, ----------- 28 Supplementary Brief 3: 17-cv-00697-LAB-BLM 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 Supplementary Brief EXHIBIT I 3: 17-cv-00697-LAB-BLM . -· -;.~ ... ':-"' ..,·'<:::' .•.. ·":I'. :· .. -:,1;,. =~· :>: ····~.-.:.. ,... . .-~-_-·~~ ~,.) _,.; ,..;. ... .... _ _.,,,,. ' ..... ·.:· .......... ~ From: catherine bryan <koldesigns@yahoo.com> To: Mike Smee <level5.designer@gmail.com>; Tom Ramskill <tramskill@att.net>; "paul.edmonson@carlsbadca.gov" <paul.edmonson@carlsbadca.gov>; "heather.stroud@carlsbadca.gov" <heather.stroud@carlsbadca.gov>; "council@carlsbadca.gov" <council@carlsbadca.gov> Cc: Jeanie Sauers <jeaniesauers@yahoo.com>; Duncan Faulkner <duncanjbf@yahoo.com>; "level%.designer@gmail.com" <level%.designer@gmail.com> Sent: Tuesday, August 15, 2017 3:58 PM Subject: Re: obtaining expert testimony as to structural soundness of premises located at 3745 Adams Street, Carlsbad Ca. Dear City Council Members & City of Carlsbad Attorneys, Earlier, Mr. Ramskill, a qualified structural engineer, with expertise in foundations, indicated he might make himself available to inspect the premises of 3745 Adams Street, in Carlsbad, on the week of August 14, 2017, if the City of Carlsbad should seek a neutral third party structural evaluation, as to whether my home at 3745 Adams Street, is "a danger to the occupants," as Mike Peterson's Inspection report contents, or alternatively, whether the Inspection Report's findings are flawed. I was hoping to hear back as to what date an inspection evaluation might be scheduled because City of Carlsbad, had indeed, reached out and contacted Mr. Smee and/or Mr. Ramskill, to seek the neutral expert evaluation of the condition of my home, that I so urgently requested. Since I heard nothing back from Mr. Smee and/or Mr. Ramskill, or from City of Carlsbad, as to an agreed upon inspection date; I can only assume that City of Carlsbad, elects to further prosecute, Mike Peterson's Inspection report without confirming his "dangerous building" findings with any confirming expert architectural or structural analysis of the soundness of my home. Hearing nothing from the parties above, on the afternoon of August 13, 2017, we obtained an inspection from expert witness Jim Bell,(http:/ /www.jimbell.com/) who provided video testimony, substantially addressing the legality of my position that there is no legal requirement for my home to be connected to the grid. Mr. Bell is currently running for 2nd District City Council in San Diego, and an internationally famous expert on sustainable architecture, and as such, qualified to instruct City of Carlsbad as to the soundness and sustainability of my 65-year-old adobe home. Today, August 15, 2017, I filed a motion for continuance of our approaching August 22, 2017 hearing date, (attached to this email) partly to give City of Carlsbad sufficient time to arrange for an additional expert witness evaluation of the soundness of my home from Mr. Smee and Mr. Ramskill, or whatever other non-City employee structural expert might serve in that capacity, that we might mutually agree upon. Please let me know, if we can put these matters to rest, by setting a mutually agreed upon expert inspection date. Thank you for your consideration, Catherine Bryan Catherine Bryan :DUNN SAVDlE INC. STRUCTURAL .ENGINEERING 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: 90B 8. CLEVELAND ST OCEANSIDE. CA 9205, ?60.966.6355 PH. 760.966.6::lt.D n~ os,:J;,suRFD5•.CDM [MAil 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. VIDEO FILM PRODUCED BY JIM BELL; expert witness Jim Bell -Expertise Ecological Designer, Author, Lecturer Jim Bell is an internationally recognized expert on life-support-sustaining development. His projects include the design and construction of the San Diego Center for Appropriate Technology and Ecoparque, a prototype wastewater recycling plant in Tijuana, Mexico that converts sewage into irrigation water and compost. He also worked as a consultant for the Otay Ranch Joint Planning Project and the East Lake Development Company. He has also served as the ecological designer for a life-support-friendly hotel for Terra Vista Management and for the Ocean Beach People's Food Cooperative's new "green" store. Jim has more than 40 years experience in the design and construction industry. As a lecturer, Jim speaks to many groups each year. His lecture credits include the AIA California State Conference, the Society for International Development's World Conference in Mexico City, and keynote addresses at the University of Oregon's first "Visions for a Sustainable Future" conference and the State of Oregon's Solar Energy Association Conference. Jim is often interviewed on television, radio, and by the written press and has been a guest on National Public Radio and the Art Bell Show. His honors include: The Society of Energy Engineers' Environmental Professional of the year for the Southwestern States, a "Beyond War" award, and a City of San Diego Water Conservation Design Award for one of his development projects. Jim has a Bachelors Degree of Arts in Applied Arts and Science Art from San Diego State University. Political Involvement Jim Bell, is currently running for 2nd District City Council, Jim ran for Mayor of San Diego in 1996, 2000, 2004. Though he has not yet been elected, his ideas relating to making our region as energy, water and food self-sufficient as possible, as soon as possible are being embraced by an increasing number of elected officials, planners and City Managers. Additional to his political involvement, Jim has served on the Board of Directors of the San Diego Ecology Center, I Love a Clean San Diego, Environmental Health Coalition, and the California Association of Cooperatives. Currently, he serves as Director of the Ecological Life Systems Institute and the San Diego Center for Appropriate Technology. He's also a Board Member of Ocean Beach People's Food Coop and is a member of the San Diego Regional Apollo Alliance. "-· -x-<<. V'-? h--.L. -:=,~ ~ CITY COUNCIL PROCEDURE FOR ~ ~ THE APPEAL OF ~ =- CATHERINE BRYANT OF THE NOTICE AND ORDER TO REPAIR 3745 c~ ADAMS STREET ~ c-""" ~ ~ ' ·r _) r:-' • The issue for determination is limited to whether Building 1\. Official's Notice and Order to Repair should be upheld, reversed, , ~ modified, or otherwise set aside, and the scope of the appeal t;:: ___ F '--"· hearing is limited to the issues specifically raised in the appeal. ~ • The City Council does not have authority to waive or interpret the x provisions of the Uniform Housing Code (UHC). ~ - ·\.z .· Order of proceedings (from CMC 1.20.430 Public hearings--Procedure): x) -~~ • Mayor announces that it is the time and place for the public hearing scheduled on the agenda 40 ~ "' (C, • Any witnesses should be sworn in by the City Clerk before testifying by providing them with the following oath: "Do you solemnly state, under penalty of perjury, that the evidence you shall give in this matter shall be the truth, the whole truth, and nothing but the truth?" (UHC 1304.2 requires oral evidence to be taken under oath.) • Staff presentation • Questions from Council • Appellant presentation (20 minutes total including rebuttal) ~-\7 ,, ("' \ \ '1 \ '--I o Appellant may question witnesses by submitting questions to Mayor, who will ask questions. Mayor has discretion to restrict the number and nature of questions asked. o Irrelevant evidence shall be excluded. UHC 1304.5. • Public comment - 5 minutes each (may be shortened to 3 minutes by Mayor by announcing at beginning of public hearing if there are a large number of speakers) • Appellant Rebuttal • Mayor closes the public hearing, Council deliberates and votes {cityof Carlsbad August 17, 2017 To: From: Subject: MAYOR AND CITY COUNCIL CITY ATTORNEY 00 / APPEAL OF NOTICE AND ORDER TO REPAIRPROPERTYAT 3745 ADAMS STREET Earlier this week, I distributed a binder of supplemental materials to each of you regarding the appeal of a Notice and Order to Repair Property at 3745 Adams Street. The appeal hearing is scheduled to go before the City Council acting in its capacity as the Board of Appeals on August 22, 2017, at 6:00 p.m. I am enclosing additional ~orrespondence to and from the appellant, Catherine Bryan (Exhibits O-R) regarding this matter. These materials are also on file with the City Clerk. cc: City Clerk City Attorney Very truly yours Heather L. Stroud DEPUTY CITY ATTORNEY 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax I www.carlsbadca.gov · {cityof Carlsbad August 14, 2017 To: From: Subject: MAYOR AND CITY COUNCIL CITY ATTORNEYeP APPEAL OF NOTICE AND ORDER TO REPAIR PROPERTY AT 3745 ADAMS STREET Enclosed in this binder are correspondence to and from appellant Catherine Bryan regarding her appeal of the city's Notice and Order to Repair the property at 3745 Adams Street, to be heard at the City Council meeting on August 22, 2017. The enclosed materials are not included in the staff report package because of their length, but are on file with the City Clerk. Very truly yours ~ Heather L. Stroud DEPUTY CITY ATTORNEY cc: City Clerk City Attorney 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax I www.carlsbadca.gov Tab A B C D E F G H I J K L M N Appeal of Notice and Order to Repair Property at 3745 Adams Street Public Hearing August 22, 2017 Supplemental Materials for City Council Consideration Date Description 7/3/17 Letter to City Council from C. Bryan 7/5/17 Affidavit of C. Bryan 7/8/17 Joint Affidavit of C. Bryan and D. Faulkner 7/11/17 Letter to City Council from C. Bryan 7/14/17 Request to Board of Administrative Appeals 7/18/17 · Letter to C. Bryan from City of Carlsbad 7/21/17 4 Subpoenas Duces Tecum 7/26/17 Letter to City Council from C. Bryan 8/7/17 3 Subpoenas Duces Tecum 8/7/17 Letter to C. Brewer from C. Bryan 8/9/17 Letter to C. Bryan from City of Carlsbad 8/10/17 Affidavit of C. Bryan 8/14/17 Motion for Stay 8/15/17 Letter to C. Bryan from City of Carlsbad Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 SENT VIA PRIORITY MAIL 7/03/2017 City of Carlsbad Mayor Matt Hall; City of Carlsbad Council Member Keith Blackburn; City of Carlsbad Council Member Mark Packard; City of Carlsbad Council Member Cori Schumacher; City of Carlsbad Council Member Michael Schumacher. City of Carlsbad, 1200 Carlsbad Village Drive Carlsbad, California 92008 Re: Opportunity to A void Expert Witness Fee Liability Dear City Council Members As you are aware, a review hearing of my property issues, is scheduled to be held at 9:00 am on July 18, 2017 when, Carlsbad City Council Members, are consider the issues raised in my Administrative Appeal, pursuant to the legal requirements of Chapters 5- 12, of California's Uniform Housing Code. My request for administrative appeal, frankly raises valid public corruption issues, disputing a number of the findings of Building Department Official Mike Peterson. Comprehensive administrative review of all related City of Carlsbad records, establishing facts of my deeply troubled history with City of Carlsbad Code Enforcement and Police Department [see enclosure 1, my request for document production] is required in this case, in order to ensure a fair and neutral evaluation of my property issues. City of Carlsbad Attorneys, assert that I no longer own my home and property. This legal theory is quite incorrect, in order to establish that, no matter how many fraudulent document have been recorded on title, I am the sole rightful owner of the real property located at 3745 Adams Street in Carlsbad California, I have provided City Council Members with chain of title documents, as enclosures with this letter. A comprehensive review of all the above referenced records, is essential in this case, to avoid an eminent condemnation and demolition of my [property owner, Catherine Bryan's] beautiful historic adobe home of 65 years, located at 3745 Adams Street, in Carlsbad. As indicated within my request for an administrative appeal, my case requires careful review, of all pertaining documents, included frequent City of Carlsbad employee threats to, "take down my home," made from 2008 until 2017, essential to evidentially establish, 527-2017 1 of5 Tab Date Description ADDITIONAL MATERIALS DISTRIBUTED ON 8/17/17 0 8/15/17 Motion for Continuance p 8/15/17 Email Correspondence from C. Bryan Q 8/16/17 Letter from City of Carlsbad to C. Bryan R 8/16/17 Material Evidence Submitted for Consideration Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 that City of Carlsbad's order to condemn, is highly influenced by factors of ongoing anger and hostility, rather than any legitimate concern for public health and safety. The established record of my ten year history of requests for internal affairs investigations, into municipal misconduct, strongly suggest this is a retaliatory code enforcement action, motivated by the bad feelings generated by my persistent and ongoing effort to get Code Enforcement Officer Scott Rudinger, an individual employed by City of Carlsbad for at least 20 years, criminally charged with the elder financial fraud crimes. Crimes that include, but are not limited, to Rudinger's direct participation with loan officer Carolyn Blake and George Morgan in misusing municipal authority to induce my commitment to a predatory, and non-funded home improvement loan for $649,000. (Please carefully each public record requested within my Affidavit in support of my Request for Document Production. Because of City of Carlsbad's Code Enforcement Department and Police Department records establish facts of frequent threats [enclosure 1] and ongoing dilatory aggressive hostility directed toward my family and my property since 2008, the information provided within the inspection report itself, must be carefully scrutinized for error. In light of the overt bias and continuing threats, expressed by City of Carlsbad agents and employees, toward my family and my property. I have, understandably, not felt at all comfortable and trusting of obtaining neutral building inspector guidance and proper evaluations of any deficiencies. This concern has prohibited me from following the normal procedure of opening permits and asking City of Carlsbad agents and employees to assist me to resolve any of the alleged deficiencies in my home. I HA VE, at great out of pocket expense, (se enclosure 2-Photos and City Dump Receipts) completely removed all the illegally dumped trash and old furniture, and also successfully removed two out of four abandoned vehicles. As to the remaining two vehicles, I have now initiated the legal process of clearly posting a daily storage rate, and contacting the last registered owner, a process required to place the storage liens, that will allow me to legally remove the remaining vehicles, as I was instructed to do by DMV. Because of the factors of ongoing hostility and overt threats, as discussed above, I have understandably felt I needed to obtain an independent evaluation of the condition ofmy home, from expert consultants not employed by City of Carlsbad, where there is a clear 73-2017 2 of8 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 conflict of interest. My expert witnesses will testify at my pending July 24, 2017, Federal District Court hearing on my motion for preliminary injunction against Carlsbad's proposed demolition [See enclosure 3 my fee agreement with my expert witnesses] an attorney and his associate, a qualified structural engineer. My consultants recently evaluated my home ad property, and concurrently proffered a contractual agreement, [enclosure 3] requiring an initial retainer of $3,500.00, required for my experts to testify at my pending July 24, 2017 hearing on my pending Motion for a Preliminary Injunction, prohibiting Carlsbad's continuing violation of my property rights, including the prospective demolition ofmy home. My experts are prepared to testify at my hearing, that they have reached an expert determination that City of Carlsbad's Inspection Report is legally deficient on the following grounds: (1) Mike Peterson, lacks the necessary · qualifications as a structural engineer, lacks the required certification as a mold specialist, and as such, lacks the essential qualifications required to properly analyze, and then testify to City of Carlsbad City Council, as to the alleged structural defects, and/or presence of dampness resulting in harmful mold in my home. Only expert opinions proffered by a trained structural engineer, a certified mold specialist, would be legally sufficient for the purpose allowing City of Carlsbad to proceed with a summary demolition ofmy home. My experts are prepared to testify that my home is NOT a dangerous building and there are no genuine threats to public health and safety existing within my private home, or anywhere on my property. My expert witnesses will testify that my home has no adverse health conditions putting me and my family at risk, is adequately supported, has no "dangerously sagging beams." The Certificate of Completion ofmy historic adobe home was obtained in 1958 (enclosure 4) predating the California Housing Act. (1965) Moreover, my home is safe dry and warm, being built of a combination of concrete and adobe brick, which holds the heat of the sun during the night. Other than the currently unoccupied south wing, none of my roofs leak, and each support beam is constructed of steel reinforced concrete. All my home's floors are 100% concrete, which are not, and cannot be "spongy" and my home's adobe walls, cannot conceivably be damp and deteriorated as fictionally and falsely described in City of Carlsbad's Notice. I 00% of the area of my property exposed to public view, is, and always has been beautifully and attractively maintained. Mike Peterson's arbitrary re- classification of my home from R-3, a family estate with agricultural use, to R-1 a single family residential lot, triggered a variety of inapplicable codes, including the demand to remove my two sail-boats, extracurricular cars and my two storage trailers, which as provided within my three supporting affidavits, ARE NOT being used for residential occupancy. Prior to their recent removal the illegally abandoned cars, and illegally 73-2017 3 of 8 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 dumped trash and debris, were all consolidated near the rear of my property, well away from public view, and additionally concealed by tarps. As evidentially established by the sworn and notarized affidavits of Catherine Bryan, Jean Ann Sauers, and Duncan Faulkner, filed in support of my request for an administrative appeal; a number of false and fraudulent complaints against my property, by City Oceanside resident Thomas Arthur Charbonneau pretending to be a local neighbor. As provided under oath, in my three supporting affidavits, there are no individuals living outside my residence, in boats, trailers, or otherwise. Nor was any evidence of this type illegal activity, supported by any facts provided within the inspection report. Additionally my son, Duncan Faulkner, currently provides day and night perimeter security to ensure that no one illegally camps out anywhere on my property. Enclosure 3, provides City Council with a copy ofmy, yet to be signed expert witness fee agreement. As you can see from the unsigned contract, obtaining testimony from my expert witness consultants, will be fairly expensive, starting with my payment of an initial retainer for $3,500.00, an amount which with time and travel may easily cost me more than $ I 0,000, before these matters are all favorably concluded. My consultants say the total cost will eventually be recoverable from City of Carlsbad, once I legally established that City of Carlsbad negligently issued a ·substantially Improper Notice of Order to Condemn and Demolish my Home. For this reason, if, within seven days of City Council's receipt of this REQUEST FOR WITHDRAW AL, I should receive a Notice of Withdrawal of City of Carlsbad's proposed condemnation . I could then, safely withdraw my Federal District Court motion for preliminary injunction, would not need to pay the expert witness fee initial retainer of $3,500.00, or additional expert witness fees if this matter should proceed to trial. In light of my fee waiver application, you may understandably question, as to how I can possibly afford to retain the services of expert witnesses. So I will explain. My sons' fiancee Jean Ann Sauers feels somewhat responsible for my current situation, pursuant to her ex-boyfriend, Thomas Arthur Charbonneau's, numerous false complaints recently made to City of Carlsbad's code enforcement department and police department. [see Affidavit of Jean Ann Sauers filed in support of the Administrative Appeal of Catherine Bryan] and is also angry and outraged at the way she was frightened by City of Carlsbad law enforcement officers openly hostile conduct, during the scope of their 73-2017 4 of8 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 gun-point, "Health and Safety Inspection" of March 29, 2017. Although I am elderly and financially challenged, Jean Ann Sauers is more than just modestly affluent, owning multiple income properties in Northern California, and multiple income properties in San Diego County. Consequently, I am quite fortunate, that Jean Ann Sauers has agreed pay whatever expert witness fees may be required to favorably resolve my condemnation issues. Jean Ann Sauers and my son Duncan Faulkner, who live with me, additionally plan to extensively remodel and upgrade my home once my title is properly restored. They plan to testify as to this fact, at the July 18, 2017 administrative review. Clearly however, this type of huge investment in upgrades to my home, would be risky and premature, before the Ninth Circuit Court of Appeals, reaches its final determination. CITY OF CARLSABAD'S CHALLENGE TO MY CONTINUING RIGHT OF · OWNERSIDP OF THE PROPERTY LOCATED AT 3745 ADAMS STREET, CARLSBAD CALIFORNIA. Because attorneys Celia A, Brewer and Paul Edmonson (Enclosure 5) fi:ankly dispute my ongoing ownership rights to the property located at 3745 Adams Street in Carlsbad. (hereinafter, "subject property") I have attached several ce1iified document, provided by the U.S. Federal Bankruptcy Court, and the San Diego County Recorder's Office, and a copy of the binding U.S. Supreme Court ruling in Jesinoski et al. v. Countrywide Home Loans Inc. Case no. 13-684 (Decided Jan. 13, 2015) for the purpose of evidentially establishing my continuing ovmership rights: a.) No secured junior liens encumber the subject propertv. According to the U.S. Federal Bankruptcy Court, the only lien encumbering the subject property, is the Novell Financial Deed of Trust ("Novell DOT") recorded in 2005, according to a Federal U.S. Bankruptcy ruling and the Closing Statement published by the trustee. (Enclosure 6.) b.) According to the Novell DOT, recorded on N~vember 18, 2005, by the originating lender at the San Diego County Recorder's Office, the subject property is owned in 73-2017 5 of8 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 joint tenancy by two single women, Betty Brvan and Catherine Brvan, who ARE the joint borrowers in the 2005 transaction. (Enclosure 7.) c.) On January 25, 2007, the creditor improperly rejected the Bryan's qualified, bank approved offer to fully tender of the loan principal balance. (Enclosure 8.) d.) On February 25, 2007 the Novell DOT and its associated Power of Sale was lawfully voided by property owners, Betty Bryan & Catherine Bryan pursuant to 15 United States Collection Code, 1635 (b)) Regulation Z §§ 226.lS(d)(l), 226.23(d)(l). As a result the Novell Note, previously encumbering the subject prope1iy was automatically cancelled and thereafter the downstream creditor ,vas required to return title and equity of to the Bryan family residence to the rightful prope1iy owners; Betty Bryan and Catherine Bryan; a right that now must be nationally enforced pursuant to a recent binding U.S. Supreme Court ruling (Jesinoski, et ux. v. Countrywide Home Loans, Inc. et al., (2015) 135 S. Ct. 790): (Enclosure 9.) e.) According to the Trustees Deed Upon Sale, recorded in 2009, by foreclosing beneficiary MTGLQ Investors L.P., the two Trustors of Novell DOT promissory note, are Bettv Brvan and Catherine Bryan. (Enclosure I 0.) f.) On the date of 4/12/2010 , foreclosing beneficiary MTGLQ Investors October 23, 2009 Trustees Deed Upon Sale was rescinded and cancelled pmsuant to the applicable provisions of California Civil Code 1695.13 "It is unlawful for any person to initiate. enter into, negotiate, or consummate any transaction involving residential real property in foreclosure, as defined in Section 1695.1, if such person, by the terms of such transaction, takes unconscionable advantage of the property owner in foreclosure." (Enclosure 11.) g.) Pursuant to my age of 67-years, painful level of ongoing disability, (enclosure 12) and my temporary loss of well over $2,000,000.00 ofmy rightful remaining home equity, it is 73-2017 6 of8 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 impossible to for me to either relocate or meet City's legal requirement to immediately institute well over $100,000 in mandatory upgrades and repairs to my home of sixty- five years, until the Ninth Circuit Court of Appeals, rules on my dispositive Truth In Lending issues, and requires foreclosing beneficiary MTGLO Investors L.P. to properly restore my title and my missing $2,000,000 in unused equity to the subject property, in accordance with the applicable provisions of the Truth in Lending Act's pertaining regulation Z. (Jesinoski et al. v. Countrywide Home Loans Inc. (Case no. 13-684 (Decided Jan. 13, 2015); "the Court unanimously ruled that borrowers may exercise a right to rescission by simply notifying creditors of their intent to rescind a loan within three years after receiving the loan if the lender did not disclose the borrower's three-day right to rescind. No court action is required." (Enclosure 13.) My hearing on my motion for preliminary injunction against City of Carlsbad's Condemnation Order, is scheduled for July 24, 2017. If Carlsbad chooses to further prosecute its proposed condemnation, Expert Witness Testimony will be essential to support case. If my motion is denied, at the District Court level, the ruling would be appealable to the 9th Circuit Court, where; (1) a stay on appeal would likely issue (2); my two pending appeals would then be consolidated on my [Appellant's] motion. My expert witnesses have granted me A SEVEN DAY EXTENSION, of my expert witness fee contract payment deadline. As you can see, time is of essence, so please respond to my issues as soon as possible, by contacting Duncan Faulkner at 760 277-1392, or, Jean Ann Sauer at telephone number (760) 802-1942, and indicate, whether or not, City of Carlsbad, plans to withdraw its condemnation order/notice. Very Truly Yours, Catherine Bryan Building Official Mike Peterson; Celia A, Brewer; Paul Edmonson; at City of Carlsbad. Enclosures: as indicated above. 73-2017 7 of8 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 ENCLOSURE 1 ENCLOSURE 2 ENCLOSURE 3 ENCLOSURE 4 ENCLOSURE 5 ENCLOSURE 6 ENCLOSURE 7 ENCLOSURE 8 ENCLOSURE 9 ENCLOSURE10 ENCLOSURE11 ENCLOSURE12 ENCLOSURE13 73-2017 INDEX OF ENCLOSURES REQUEST FOR DOCUMENTS PROOF OF CORRECTION EXPERT WITNESS FEE AGREEMENT CERTIFICATE OF COMPLETION 2013 LETTER FROM CITY ATTORNEYS U.S. BANKRUPTCY CLOSING STATEMENT NOVELL DEED OF TRUST DANA CAPITAL REFINANCE NOTICE OF TILA RESCISSION TRUSTEES DEED UPON SALE CA. CIVIL CODE 1695.13, RESCISSION OF TRUSTEE SALE PHYSICIAN'S DIAGNOSIS BINDING RULING IN JESINOSKI V. COUNTRYWIDE 8 of8 RECEIVED JUL -5 2017 CITY OF CARLSBAD 1 ATTENTION CITY CLERK FOR THE CITY OF ;\_lilfs~ OFFICE PLEASE TAKE RECIEPT OF: CATHERINE BR ; 2 In Support of Appellant's Reguest for Production of City of Carlsbad's Production of; Specific Building Department, Code Enforcement Department, 3 Fire Department, Police Department and City Attorney Records, as referenced Within this Affidavit. 4 This Notarized, Affidavit itself, along with the Requested Records, are Essential to 5 Support The Issues, S:Qecifically Raised in Ap2ellants Request for an Administrative App~al Scheduled for Hearing at 9:00am July 18, 2017 6 On Notice for Order To Repair or Condemn, The Propei:tY located at 3745 Adams Street 7 Carlsbad, CA 92008 APN # 205-270-13-33 8 9 10 11 I, Catherine Bryan, Appellant, in the administrative appeal scheduled for 12 hearing before the Carlsbad City Council at 9 am, July 18, 2017 declare all that 13 following statements are true and correct and made according to my personal 14 knowledge. 15 1) My home's electric service was terminated in 2008, not in 2012, as City of 16 17 18 19 20 21 22 23 24 25 26 27 28 Carlsbad's Notice erroneously alleges. The reason for SDG&E termination can be established by Carlsbad Code Enforcement, Fire and Police Department records, which will evidentially establish that an unknown individual set fire to a large RV, illegally parked under the large, hundred foot tall palm trees, located on the city street in front of my home, in my absence. Jim Bobbit, my neighbor across the street, reported the fire, which was quickly extinguished by City of Carlsbad Fire Department. The fire was so hot that it blackened the pam trees, and melted the asphalt on the street, where the damage can still be seen now in 2017. The fire also burnt up the electric lines running to my home. City of Carlsbad records will establish that the City thereafter; (1) improperly towed the huge burned up RV onto my property, where having no paperwork or knowledge as to the owner I was unable to successfully remove it for many AFFIDAVIT OF CATHERINE BRYAN 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 2 months; (2) City of Carlsbad records will further establish that the City, never followed up on, or investigated my claim, that the RV was set on fire, as a deliberate act of arson by an individual who was attempting to set fire to my carport in the hopes it would spread to my roof. Subsequently the City of Carlsbad (1) sent me an invoice for $4,000, for the burned up electric lines, and thereafter, SDG&E held me responsible, as the property owner, demanding a restitution payment of $5,000, sufficient to pay for the damage, in order to restore my electric power. Code Enforcement Department records will establish that thereafter, City of Carlsbad sent me a code violation, for the burned up RV that the City itself had improperly placed on my property. Now City of Carlsbad, appears to hold me responsible, for not having electric service, in the same manner it held me responsible for the burned up RV, that the City itself, improperly towed onto my property. If required by City Council, these facts ca be further established by elder rights attorney, Lois Kelly, clkelly@seniorlaw- sd.org) who attempted to negotiate with SDG&E, to restore our electricity, without paying a substantial ($5,000) sanction. Lois Kelly warned me that she had attempted to reason with SDG&E, in many similar elder rights cases, without success. 2) City of Carlsbad records will provide conclusive material evidence, that I have been routinely threatened with adverse code violations, since 2005, threats that can clearly have no relationship to any of alleged public nuisance situations or "defects in my home" through City of Carlsbad's own records of my multiple citizen complaints sent attention Investigation Sergeant, 2560 Orion Way Carlsbad California, therein reporting and complaining as to City of Carlsbad's Code Enforcement Officer and Police Officer, continuing abusive verbal threats to use code violations to "take my house down," made on multiple occasions between the years of 2012 and 2017, including the explicit 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 3 threat of adverse code violations, made by CPD Officer Simmons on the date o May 21, 2013 in incident# 34228, when, officer Simmons demanded to inspect my two sail boats, in my absence. Individuals working in my yard, denied him per~ission without my presence and consent, informing Officer Simmons that I would return later that afternoon, when I would in all probability, allow Officer Simmons to inspect my two sail boats. Officer Simmons then threatened, that that ifhe was not immediately allowed to inspec the boats, he would return the next day with a code enforcement officer, who would look for every possible code violation within my home and property, verbally boasting as to the fact that Officer Simmons was personally involved in the involuntary code inspections conducted in the spring of 2005, where parties identifying themselves as Code Officer Scott Rudinger and "attorney" George Morgan II used threats of adverse condemnation to intimidate, force and terrorize, me, and my then, 84-year-old mother, to sign for a predatory home improvement loan, in which thereafter, the loan officers criminally embezzled the majority of the loan funds. 3) City of Carlsbad's pertaining records, between the years of 2008 and 201 7, will provide conclusive material evidence, that I have been routinely threatened wit adverse property condemnation, through records ofmy numerous related citizen complaints, as to the continuing threats, reporting in detail, facts of continuing improper code officer and police officer harassment. In each instance my detailed complaint was filed with internal affairs, and in most instances a related communication was concurrently delivered to the Attorney for the City of Carlsbad between the years of2008 and 2017. 4) California Penal Code §832.5 requires "(a) Each department or agency in this state which employs peace officers shall establish a procedure to investigate citizens' complaints against the personnel of such departments ....... "(b) 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 4 Complaints and any reports or findings relating thereto shall be retained for a period of at five years. (CCP §832.5.) 5) It has been established as a matter of record, that I reported Code Officer Scott Rudinger to the San Diego District Attorney and the FBI, for Rudinger' s participation in improperly using code violations to induce my mother and I to commit to a predatory, and non-funded, home improvement loan in the spring of 2005. Under these circumstances, municipal officers, frequent and continuing threats to "find every possible code violation," must be viewed as retaliatory harassment, and not arising from any genuine public endangerment issues existing at my home and property. 6) Carlsbad is legally required to maintain records of my multiple citizen complaints, as provided in specific detail below, made between the years of 2008 and 2017, timely reporting police officer, code officer, unreasonable threats and harassment. Although I do not recall the exact dates and times, of each of the following incidents, nor have I retained copies of my subsequent internal affairs complaints, City of Carlsbad's own, legally required records, will further establish the following facts; (a) As accurately reported by my son, Duncan Faulkner on May18, in 2013 at 10:27 am, my son, encountered MGLQ Investor's L.P. attorney of record, Sara Markert, walking around on my property. She was asked to leave. (b) It is no coincidence that City of Carlsbad Police Officer; Simmons demanded to inspect my boats, and simultaneously threatened me with adverse code violations on my home, shortly thereafter, on the date of May 21, 2013. (see in police incident report# 34228, and my related internal affairs complaint) ( c) Is is easily established, as a matter of record, that NEVER on any occasion, has any member of my family, or any other person, been criminally charged, arrested, or even investigated for committing a crime, who was lawfully 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 5 residing within my home. My son Duncan Faulkner is twenty-six years old, has no criminal record, and has never, in his life, at any point, been accused or investigated for committing any crime. (d) Sometime in 2013, or 2014, a team of City of Carlsbad Police Officers, surrounded my home, entering my home from the front and rear entrances. Two officers seized Duncan Faulkner and made him stand outside the front of our home, while another team of officers searched the interior of our residence. In this instance, the officers explained to Duncan Faulkner, they were within their rights to search our home with two Police Dogs, because someone in the neighborhood reported they heard, "a woman yelling," and also stated the yelling had "suddenly stopped," and the officers explained that they needed to search our home in order to determine whether ... "Someone was at risk." On this occasion, the officers brought in two police dogs, to aid in their warrantless search of my home. The officers interrogated my son Duncan Faulkner, at length, at least 45 minutes, asking him if he knew a number individuals he had never heard of. When Duncan Faulkner challenged the interrogating officers as to the true . purpose of the unreasonable interrogation, the City of Carlsbad officer frankly explained that his superiors at City of Carlsbad, "plan to take this place down." When my son informed me as to the details of what had occurred, I immediately filed an official complaint with the Investigative Sergeant 2560 Orion Way Carlsbad California, a record which must be provided to the reviewing Members of City Council. ( e) Subsequently sometime in the summer or fall of 2014, I was unexpectedly awakened by a team of law enforcement officers, surrounding my bed, pointing guns at me, and instrupting me not to move. The team of Carlsbad police officers explained that they were searching for a "fourth waiver" individual who had missed his probation appointment, that the officers believed was hiding 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 6 ' within my home. An individual named Brian Quick, even though I protested that Brian Quick, at no point in time, ever resided within my home, the officers proceeded to search every room of my home, not just looking for an individual, but looking through all my drawers, closets, and personal possessions, searching every room in my home. Approximately 90 minutes later, the officers admitted to having made a mistake and suddenly left. The officers stated Brian Quick, who sometimes pulled weeds and did other yard work for me, had just been arrested somewhere else. Thereafter, I filed an official complaint with (1) Investigative Sergeant 2560 Orion Way Carlsbad California, (2) the attorney for city of Carlsbad, these records should be provided to City Council, as they further establish City of Carlsbad's ongoing unconstitutional conduct in service of their police officer's clearly stated agenda of his superiors, at City of Carlsbad, to find some kind of evidence useful for their stated purpose of"taking my home down." (f) At 9:00 am on July 10, 2013, I encountered Code Officer Scott Rudinger, on my property, taking photographs of my sailboats. I had not seen Rudinger, since the spring of 2005, when he [Rudinger] was involved in the predatory mortgage embezzlement scam, with Rudinger' s close associate George Morgan II, that involved George Morgan's own request for building inspection of my home (according to chief inspector Patrick Kelly.) I immediately, reached out to City Administrators demanding an official investigation and intervention. (g) City of Carlsbad's building department records of spring of 2005 wil establish that Lincoln Mutual Mortgage Officer, Loan Officer, Carolyn Blake, falsely alleged to the City of Carlsbad building department she had a signed, Quick Claim Deed (that was forged) giving Carolyn Blake ownership rights to the property at 3 7 45 Adams Street in Carlsbad, and needed to open building permits because she [Carolyn Blake] intended to "develop" our property. 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 7 (h) City of Carlsbad's building department records of spring of 2005 will establish the fact that George Morgan requested building inspections of our home. (i) City of Carlsbad's Code Enforcement Department records in 2005 will establish facts of the mandatory correction list, used to force my mother and I, to assume a clearly predatory home improvement loan. A code correction list, that Code Officer, Scott Rudinger, was fully aware, was erroneously generated, o a falsely alleged basis of a prospective change of ownership by Carolyn Blake and George Morgan, establishing conclusive evidence of Scott Rudinger' s knowing application of housing codes that he [Rudinger] knew full well, would not apply to a family owned and occupied home, where the final building inspection was obtained in 1957, predating the newer housing codes. G) An official responsive communication dated July 17, 2013 signed by City Attorneys Celia A. Brewer and Paul Edmonson, addressed to me, Catherine Bryan, will accurately conclusive establish facts of City of Carlsbad's ongoing policy of administrative indifference to subordinate code officer, and police officers, outrageous conduct and continuing unconstitutional harassment of me and my family, issued in response to my May 6, 2017, material evidence of Scott Rudinger's clear and obvious collusion with MTGLQ Investors L.P. and who once again, attempted to improperly apply and use, use "code violations" as tools to destroy and demolish my home before the Ninth Circuit Court of Appeals can rule as to whether down-stream title holders, MTGLQ Investors L.P are legally required to return the title and equity of the Bryan family home, to the Bryan's rightful possession, no later than February 25, 2007, pursuant to Section 1635(f) Truth-in-Lending-Act ("TILA") and Regulation Z, pursuant to my valid February 5, 2007 rescission and associated refusal to accept a full payment of the equitably rescinded balance on February 5, 2007, and pursuant to the binding 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 8 Supreme Court ruling in Jesinoski v. Countrywide Borne Loans, Inc.,( 2015) WL . 144681. I, Catherine Bryan, 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. Signed Executed on this day of JZ oc. 3 , 2017, ~13,rai Catherine Bryan; appellant. See Attached Acknowledgment CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§ 8202 -===== 0 See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 SCA'<"'\ '\)\~ o Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 6'<~ day of Tu~ , 20J::L by Date Year (1) C<A~~'NL-Sb~c.,..,<) ~d~ ~,~ ~ Namejlj of Signe,P(§) proved to me on t~7basis of satisfactory evidence to be the persoll{S) who appeared before me. Signature~ Signature of Notary Public 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: _______________ Document Date: ______ _ Number of Pages: __ Signer{s} Other Than Named Above: ______________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 1 ATTENTION CITY CLERK FOR THE CITY OF CARLSBAD PLEASE TAKE RECIEPT OF: CATHERINE BRYAN'S & DUNCAN 2 FAULKNER'S JOINT AFFIDAVIT; 3 In Support of Appellant's 2nd Request for Production of Records. Requesting Records of the Original Blueprints, Permits and Architectural Plans for 4 the subj~ct residence at issue, located At 3745 Adams Street, Carlsbad California, Please Note that the records reguested within this affidavit currently exist only as 5 Microfilms or Microfiche, archived San Diego County records. Due to the inflammatory and malicious nature of the deliberately false statements contained in 6 the inspection report, along with its planned use for condemning and destroying Appelfant's home, the burden for production of these vitally important records, is 7 clearly on City of Carlsbad. Especially in light of the pubhc corruption issues plainly raised within Appellant Catherine Bryan's aclministratlve appeal, consequently the 8 reviewing authonties, must absolute~ insist on obtaining and appropriatelfi reviewing the County or City recors of' the original hlueJ!rints and archiectural 9 Tlans for Ap~ellant's Residence built over a time period from 1953-1957. · his N otanze , Affidavit itself, along with the Requested Records, are Essential to 10 Support The Public CorruP,tion Issues, S:Qecifically Raised in Appellants Request for an Administrative Appeal Scheduled for Hearing at 9:00am July 18, 2017 11 On Notice for OrderTo Repair or Condemn, The Property located at 3745 Adams Street 12 Carlsbad, CA 92008 APN # 205-270-13-00) 13 14 JOINT AFFIDAVIT 15 16 We, Catherine Bryan, Appellant, and her son, Duncan·Faulkner, testify as 17 follows, in support of our request for production of records, essential to support issues 18 raised in our administrative appeal scheduled for hearing before the Carlsbad City 19 Council at 9 am, July 18, 2017, declaring that all that following statements are true 20 and correct and made according to our own personal knowledge. 21 22 23 24 25 26 27 28 1) Other than for short time periods, we have each, almost continuously resided at our home located at 3745 Adams Street Carlsbad California; hereinafter the subject residence. 2) Catherine Bryan was born in 1950, and has, for the most part, continuously resided at the subject residence since 1952, for the majority of her life. JOINT AFFIDAVIT OF CATHERINE BRYAN & DUNCAN FAULKNER 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 3) Duncan Faulkner was born in 1991, and has resided at the subject residence continually throughout his childhood, attending Saint Patrick's Parish school throughout his elementary school education, and living elsewhere for only a few months at a time. 4) Catherine Bryan and Duncan Faulkner, testify from their own personal knowledge, that at no time was the subject residence structurally modified, as falsely and fictionally described on page 8 paragraph 5 of the inspection report. Specifically as follows: "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 patio's (lack of structural support and proper framing,) and carport ( second story doorway leads to carport surf ace but lacks railings and carport post and beams lack anchorage.)" 5) The original blueprints and building permits, once provided to the reviewing authorities, will conclusively establish that all the above allegations of structural modifications are deliberately false and what's more, have been oppressively maliciously made by individuals, who fully knew the statements were deliberately made with full knowledge of their falsity. 6) The original blueprints and architectural plans for the subject residence, will conclusively establish that the inspection report falsely refers to "recent alterations" of the existing stairways to the upper level, the carport, and each of the original bedrooms at the residence, none of which are modified, and were all approved by permits, and constructed between the years of 1953-1957, (see also pertaining tax record attached as exhibit I to this declaration.) 7) Catherine Bryan, and Duncan Faulkner occupied the bedrooms referred to as "bedroom additions at the rear of the building" as small children, and testify 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 herein they cannot possibly be considered as "alterations and new additions," as was falsely and erroneously alleged in the inspection report. 8) Specifically, City of Carlsbad Code Enforcement Officer Scott Rudinger, very frequently visited the subject residence, during the late 1960's and 1970's, spending time considerable with Clarence Bryan, Catherine Bryan's father, who built and constructed the subject residence, and Scott Rudinger, in particular, knows perfectly well, that each of the above referenced "facts of structural modifications" are false. 9) Thus it can be easily inferred that the balance of the allegations in the inspection report, must be suspect. 10) For instance, other than the faulty roof and ceiling of the currently unoccupied south_ wing, of the residence all other rooms are warm and dry, and well maintained, with the ceilings walls and roofs completely sound, with no leaks, and in non-deteriorated condition. All the floors are, and have always been sound and none of the floors are spongy. 11) At the time of the inspection, Duncan Faulkner, was in the midst installin a thin layer of bamboo flooring, over the existing floor of his bedroom, at the northwest corner of the residence. This new bamboo flooring, appears to be the "spongy flooring" referred to on page 7 paragraph (b) (2). 12) The upper level ceiling and other areas of Appellant's residence and · other areas, were intentionally built by Appellant's father, with reclaimed wood. None of this reclaimed wood is either damp or in any way deteriorated, but retains its beautiful water-stained patterns, from the woods prior years of outdoor exposure to weather. This reclaimed wood was specially chosen by Appellant's father, for its interesting "water -stain" pattern, creating a timeless look. This dry and beautiful reclaimed wood, appears to be the basis for the inspection report's deliberately false and misleading statement as is provided on 3 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 page 7, paragraph (2) "water damage and staining observed on framing members throughout second level." (see Exhibit I photograph of ceiling) 13) Page 8, paragraph (n) falsely states "The kitchen appears to have been removed and food preparation appears to occur in the patio area outside the structure." Exhibit II, attached to this declaration, provides photographs of Appellant's indoor kitchen, and also provides photographs of Appellants indoor patio barbeque area, which is also clearly NOT OUTSIDE THE STRUCTURE. Moreover, no meals were prepared, at any point, during the inspection, therefore, the inspectors can have no real idea as to where the majority of food preparation occurs at the subject residence. 14) Once the original blueprints and architectural plans and related permits, establish that the inspection report falsely refers to "recent alterations" of the original stairways to the upper level, the patios, the carport, and each of the original bedrooms, which were all constructed and inspected between the years of 1953-1957, [see pertaining tax record attached as exhibit I to this declaration] Thus, it can be conclusively established with material evidence, from San Diego County Records that the inspection report contains deliberately false statements that were oppressively and maliciously.made, rendering each other statement in the inspection report suspect, and as such, the inspection report, cannot be used to summarily condemn Appellant's home. 15) All above facts, are supported, by sworn witness testimony of Duncan Faulkner and Catherine Bryan, and will be further supported an independent, non-conflict of interest, expert structural engineer evaluation and testimony, that accurately reflects the true structurally sound, and acceptably maintained condition of the subject property and residence. 16) Appellant Catherine Bryan, is elderly, and medically and financially challenged (see exhibit III physician's diagnosis, also see fee waiver application 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 filed in conjunction with this appeal.) Consequently, in order to avoid increasing liability, Appellant should be immediately reimbursed and adequately compensated for her attorney, and expert witness costs, by City of Carlsbad, administrators once this matter has been resolved. We, Catherine Bryan, and Duncan Faulkner, declare under penalty of perjury under the laws of the United States of America, that all the foregoing information that has been provided in our joint affidavit is true and correct. Signed Executed on this day of July 8, 2017, Duncan Faulkner; Declarant See Attached Acknowledgment Catherine Bryan; Declarant/appellant. See Attached Acknowledgment 5 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) (~------------------ Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A riotary 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 a.. ' County of ......,u...,O D,(0u ,·.~ .. -.... ~7::· . AMBE~ ~;~RE 1 :'..: l \ COMM. #2189235 ~ : ,,;_ ~ NOTARY PUBLIC-CALIFORNIA ~ ,. SAN DIEGO COUNTY My Comm. Expires APRIL 1, 2021 Sea/ Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this o'a by Date dayof :Ju~ th (1) Dunc~ , 2o__f]_, Year (and (2)_--=---N_._/ v-}'------~----), Name{f of Signer_,/ proved to me on t~e _)asis of satisfactory evidence to be the person,, who appeared before me. Signature_O..--~--------'V'-·-·_-~ __ -_____ _ Signature of Notary Public -----------------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: _______________ Document Date: _____ _ Number of Pages: __ Signer(s) Other Than Named Above: ______________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 CALIFORNIA JURAY WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) J Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 Subscribed and sworn to (or affirmed) before me County of :;)C\. <\ D\tJ (.> f •.:~.:~:a RR FS~~B~~n~()s;; a •1 rt, : , \ COMM. #2189235 < • •. : NOTARY PUBLIC-cALIFORNIA f ,. SAN DIEGO COUNTY My Comm. Expires APRIL 1, 2021 Sea/ Place Notary Seal Above on this o<i3 day of '(JVJ . 2ofl__, by Date onth Year (1) Ct\\ '1~-<½. ~v-o- <and <2) t\) In ). Name¢) of Signer{gj proved to me on the basis of satisfactory evidence to be the person(gj who appeared before me. Signature_/)__· ----~----==------- Signature of Notary Public ---------------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: _______________ Document Date: ______ _ Number of Pages: __ Signer(s) Other Than Named Above: ______________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #591 O 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 Exhibit I ------(._ I ;( ' '. 2 i ' I ~ : 3 ! -~ 4 :---1 ; 5 : :-;-1 ' I . ~ : 7 I :....----> 6 -~9' ! ., / 11 J.. : 12 ,~ !---~ ~+ cl ; 16 ,!/. ---: 17 18 19 j 20 21 22 23 ! 24 I 25 'i l MASTER PROPERTY RECORD ASSESSOR"S DEPARTMENT. COUNTY OF SAN DIEGO, CALIFORNIA PERSONAL EXE:MPTIONS BLDGS •. ETC. TREES-VINES FIXTURE~ PROPERTY ... _______ _ -s w·; 0 s --~;:;,-·s s s -0 -s 0 _,/ ___ ~_,-.y-__ o__+------+----+----~---/ 0. -0 CA.TE LANO ,_ ____ JMPRDVEMENTS !TAX CODE ARE.A -··J:$!0 _9-_q__g_~--_ 3-5 i3b -=lll=l=· =~=,:ti NETTOTAL SOLVENT J·-.;:::~:E -REMARKS • s -----·-· $CREDI:£~--,~ed_ee~~-_CR.OS!i.H.EF.EREt-U:~--'J_/_t) __________ Ji.:).::_~{li). --------------------' =-<4+--------------+------------1f------t--L12..'2....Q.. /0 / IS/ o ___ I 7 too__, ________ __,__~3 oq _ _Loo q_ _ __ .2..r-70-1-------+-----1------,__ __ ..;c. ~'--l-.-++-------+--------4----+----+---'J__p..J2... _/O~Q -----1--------l------------------DATE ~958 1966 +-------+-----+-----------~/_IJ-'-0--=()---11-----~fto_ _ __________ -----+--11---------lf--------+---------------·---~--u.,~ _____ ....1.. ____ __... ___ ~ __ 6l_9_R_,':<_1i ____ _ ---'--"._ ______ _. _____ -· -----------------+----+----=:c=-"i--~J_,._,w.o. __________ .__ __ _ _ _ _,__ ________________ . "1$~--ll--------'--------!-----~---------·--------!-----------· ---------··-· ----ii-----~------------·-·------------------·--1---4-----'---+------'-l----1----1--------'------------'----------lt--------------------·---------·-----------------l-----+------1-----l---+---+------------------------·"'-----------------------, ____ ,_ ____ _._ __ __.-'--_,_ _______________________________ -«--------------------------~-------------ll-------------------------------1-------1----_:_J___:_-4-_...j:..._~--'-----------------------Jll------------------------------ LEGAL DESCRIPTION ! ARB. No. I ~-., Thum Lands (Except Southwesterly 200 ~eet) Northwesterly i95.03 feet of 2.802 Acre Pa.reel as pel' Record of S1.t:'vey 1.591 in Tract 236 0.98 aore 35 36 ! 37 I , r-;;1 ......___; ! 39 { ~ ;_._._._/ I . '42 I • ! 43 ! I I I 44 ! HE 48 49 I 50 I I 51 i i,.._,___j j 52 J S3 54 55 56 57 59 60 61 62 63 ~ 64 \ I s5 , !~ i 66 i ~-i ------ ir··· .... , ..... califllll .. .,., .... itif .... fle ........ ill .. - f,. '.~~r ',,r,."""' .. : ERNEST J DRONENIIIJRGJl!l. l 11tf,ll',;o •• .: Assc:isorrRccunlert~? . ~,.,~ ti!1ft Dic.•goCOl!llly;.~ l¢k~ ~,-. W•"'"J.-~. ' (;; M. VASQUEZ JUN 3 o .20U 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 1 Exhibit III """',, / 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 JAMES DILLIARD Professional Corporation Emphasis on Ae11te & Chronic Pain & Di/jiallt Cases Re: Catherine Bryan DOB: 03/07/1950 To Whom It May Concern: James C. Dilliard, D.C. Cathryn H. Dilliard, D.C. 531 N. Magnolia Avenue El Cajon, CA 92020 Phone: (619) 447-2651 Fax: (619) 447-2493 Catherine Bryan was in my office for evaluation on April 27, 2017. The patient presented with complaints of severe neck pain and limited mobility. She was examined and found to be suffering from myofascitis; segmental dysfunction of the cervical, thoracic and lumbar spine; and significant degenerative disc and joint disease of the cervical, thoracic and lumbar spine. The patient will require prolonged care and I anticipate the acute nature of her condition to be resolved within the first 10 to 12 weeks of treatment. Continued supportive care thereafter, will be necessary to stabilize the condition and maintain Ms. Bryan's ability to live independently. Due to the nature of her condition, her normal activities are now painful, prolonged standing or sitting is an aggravating factor and she would greatly benefit from travel assistance resulting in shorter travel times. If you have any further questions, please feel free to contact the office at {619) 447-2651. Sincerely, Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 SENT VL4 PRIORITY MAIL 7/11/2017 City of Carlsbad Mayor Matt Hall; City of Carlsbad Council Member Keith Blackburn; City of Carlsbad Council Member Mark Packard; City of Carlsbad Council Member Cori Schumacher; City of Carlsbad Council Member Michael Schumacher. City of Carlsbad, 1200 Carlsbad Village Drive Carlsbad, California 92008 Re: Municipal Liability under Title 42 U.S.C. §§1983, 1985, and§ 1986 Within the joint affidavit in support of Appellant's 2nd Request for Records, enclosed with this letter, and within Appellant's previous request for records, enclosed with Appellant's Urgent Communication delivered to each City Council member by certified mail, dated July 3, 2017, entitled; Opportunity to Avoid Expert Witness Fee Liability; ( copy enclosed herewith for your review} City of Carlsbad's Mayor, and Council Members, who are clearly City of Carlsbad's Administrators and Policy Makers, were provided with a reasonable opportunity to timely withdraw Building Official Mike Peterson's deeply flawed and substantially misleading ORDER TO CONDEMN AND DEMOLISH property owner, Catherine Bryan's home of65-years. (see Title 42 -THE PUBLIC HEALTH AND WELFARE CHAPTER 21 -CIVIL RIGHTS SUBCHAPTER I -Section 1986 -CIVIL ACTION FOR NEGLECT TO PREVENT). Pursuant to federal law, Appellant Catherine Bryan's second timely communication, demands administrative review and instant intervention, in your employees and agents, continuing egregious violations of Appellant Catherine Bryan's constitutional, civil rights, and property rights, through the deliberately false representations contained within Mike Peterson's inspection report. The United States Supreme Court held that "a municipality may be held liable under Title 42 U.S.C. §§1983, 1985, and§ 1986. Action for neglect to prevent a conspiracy/or violations of rights guaranteed by the Federal Constitution, under color of municipal authority, directly resulting the municipality's policy makers, and administrators, DELIBERATE 711-2017 1 of 5 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 INDIFFERENCE," to the need to adequately train and supervise their municipal employees, applicable under circumstances, such as these, where it can be conclusively established from indisputable public and medical records, that Homeowner Catherine Bryan, an elderly and medically challenged City of Carlsbad resident, who suffered and continues to suffer, ongoing severe mental stress, fear, hopelessness, inability to sleep from anxiety, along with substantial economic damages, all directly and proximately arising from City of Carlsbad's Policy Makers and Administrators' continuing pattern of DELIBERATE ADMINISTRATIVE INDIFFERENCE, to their employees unconstitutional conduct, as can be conclusively established by facts of City of Carlsbad's Policy-Makers', Administrative Failure to intervene, through a reasonable timely withdrawal of City of Carlsbad's Mandatory Order to Condemn and Demolish Catherine Bryan's Home of 65 years. The fact that City of Carlsbad's inspection report made inflammatory false and misleading statements as to the "dangerous condition" of Catherine Bryan's home falsely indicating on page 8 paragraph 5 of the inspection report as follows: "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 al the rear of the building and patio 's (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.) " As supported by the Catherine Bryan's Administrative Appeal, and the Joint affidavit of Catherine Bryan and Duncan Faulkner, enclosed herewith, since the certificate of completion was issued in 1957, NO PART OF THE BRYAN FAMILY HOME HAS, AT ANY POINT, BEEN IN ANY WAY MODIFIED, EXP ANDED OR ALTERED. The only modification or change, is accurately reflected by multiple permits issued by the building department, allowing for the roofs to be repaired and replaced along with much of the electrical wiring; otherwise no part of appellant's home has ever been "expanded or altered." These facts can easily be established through reasonable examination of the original blueprints, plans, building permits, and Certificate of 711-2017 2 of5 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 Completion issued in 1957. Moreover, the fact that page 6 of 10, of the inspection report alleges "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. " When even casual observation the home, and the photographic exhibits supporting appellants appeal, easily establish that each and every exterior wall of Appellant's home, is made of solid adobe brick and or concrete, each floor is made of solid concrete, and there is absolutely no raw wood exposed to the weather anywhere in the building, other than wooden window frames. Neither is there any observable "Heavy growth of weeds, an accumulation a/junk, debris, litter, discarded furniture and construction materials, and probable rat harborages." A fact easily established anyone viewing Appellant's beautifully maintained property grounds. As provided in the photographic exhibits the kitchen is located, in its exact original position, establishing the deliberate falsity of the inspection report's finding that ''The kitchen appears to have been removed and food preparation appears to occur in the patio area outside the structure. " All these facts can be easily established by conclusive evidence available in City of Carlsbad's Building Department Records, and/or San Diego County records, easily assessable to City of Carlsbad, providing archived microfiches of blueprints, original inspection permits, and related Certificate of Completion, as are requested in Appellant's 2nd request for records enclosed herewith. Because City of Carlsbad seeks to condemn and demolish appellant's home, based solely on a deeply flawed inspection reports' falsified fact finding, these records need to be accessed, scrutinized and carefully examined (see Title 42 USC§ 1986. Action for neglect to prevent. Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives,for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented. ) As mentioned 711-2017 3 of5 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 previously, each of City of Carlsbad's administrators, agents and employees, knew and understood that elderly property owner Catherine Bryan, was entitled to her constitutional right to be free from multiple hostile, invasive unconstitutional searches of her home and residence, through a forcible, at gun point, searches. Under these special circumstances, it can easily be inferred that City of Carlsbad's 12 year ongoing conspiracy against Catherine Bryan's fundamental constitutional rights, was initiated in 2005, when Code Enforcement Officer, Scott Rudinger, knew that Loan Officer Carolyn Blake, and "attorney" George Morgan, WERE NOT PROSPECTIVE NEW OWNERS, but nevertheless, Scott Rudinger, conducted a mandatory building inspection, at Loan Officer Carolyn Blake, and "attorney" George Morgan request, and thereafter, generated an unnecessary mandatory correction list, and subsequently threatened homeowners, Catherine Bryan, and Betty Bryan, with home condemnation, solely in order to force the Bryan's commitment to the predatory and NON-FUNDED, home improvement loan that was proffered by Loan Officers Demarco Fletcher, Carolyn Blake, and "attorney" George Morgan II. Having been frequently advised, and fully KNOWING ALL THESE FACTS City of Carlsbad Administrators, had a duty and authority to intervene, in order to prevent their employees and agents, ongoing unconstitutional harassment, conduct that culminated with a new false and deceptive May 1, 2017 threat to condemn and demolish Catherine Bryan's home, but thereafter, City of Carlsbad Administrators deliberately failed to intervene to protect Catherine Bryan, an elderly and disabled homeowner. In consideration of appellant's material evidence of deliberate acts of fraud, and pursuant to all the evidence offered previously, please immediately withdraw Carlsbad's Order to Condemn. ery Truly Yours, .·. . .,6 lRNki,_A~ Catherine Bryan Building Official Mike Peterson; Celia A, Brewer; Paul Edmonson; at City of Carlsbad. Enclosures: as indicated above. 711-2017 4 of5 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 ENCLOSURE 1 ENCLOSURE 2 711-2017 INDEX OF ENCLOSURES 5 of5 2ND Request for Records Letter of July 3, 2017 BEFORE THE BOARD OF ADMINISTRATIVE APPEALS CITY OF CARLSBAD CALIFORNIA APPELLANT'S request fo RECEIVED JUL 14 2017 In the Matter of: CA THERINE BRYAN'S; APPEAL OF CODE ENFORCEMENT OFFICER, MIKE PETERSON'S NOTICE OF ORDER TO REPAIR; DATED MAY 1,2017. ABR record; and request fc r CITY OF CARLSBA continuance of 7/14/2017, _ CITY CLERK'S OFFlgE deadline to submit supporting evidence; On July p, 2017, City of Carlsbad granted Appellant's request for continuance of administrative hearing originally set for July 18, 2017 at 9am. Appellant's expert witness, forensic structural engineer Tom Ramskiv (858) 672 3702 requires a copy of the Assessors' Building Record, for the subject property, in order support the NO STRUCTURAL MODIFICATION, issue raised in appellant's appeal, through providing the original building report, along with testimony, that the building at issue has NOT BEEN modified. On July 13, 2017, appellant requested the ABR at the County Assessors' Office, but was denied access to the ABR due to the fact that a party named Yukiko Sumimoto, filed an improper and forged Deed of Trust, document claiming that Appellants' mother, Betty Bryan, transfered her interest to the property at issue. Appellant has retained counsel, Amy Lupine of Lupine Law Group, who will demand that Yukiko Sumimoto provide the ABR and also reconvey title. Examination of the purported signature of Betty Bryan on the suspect Deed of Trust, in comparison to all Betty Bryan's true and signatures on numerous other title and deed of trust documents, makes it easy. to determine that the Deed of Trust Document filed by Yukiko Sumimoto has been forged. City of Carlsbad should additionally consider that if Yukiko Sumimoto had a valid claim of ownership, that she could properly evict Catherine Bryan, through normal legal procedures instead of making complaints with City of Carlsbad Building Department. Relief Requested; extension of July 14, 2017, current deadline to submit evidence, pursuant to rescheduled date of Administrative Hearing to August 22, 2017 6:pm at a regularly City of Carlsbad, City Council Meeting. R~c~f~lly Submitted, ~ t?J/1'/ Catherine Bryan, Appellant CELIA A. BREWER CITY OF RONALD KEMP ASSISTANT CITY ATTORNEY CITY ATTORNEY PAUL G. EDMONSON SENIOR ASSISTANT CITY ATTORNEY CARLSBAD HEATHER L. STROUD DEPUTY CITY ATTORNEY July 18, 2017 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 Re: Request for Records for July 18, 2017 Appeal Hearing (Continued to August 22) Dear Ms. Bryan: On July 5, 2017, the City Clerk received a document from you entitled "Catherine Bryan's Affidavit; In Support of Appellant's Request for Production of City of Carlsbad's Production of; Specific Building Department, Code Enforcement Department, Fire Department, Police Department and City Attorney Records, as referenced Within this Affidavit." Although many of the documents were not specifically identified, the following table summarizes the records requested and the documents we have been able to locate in response. DOCUMENTS REQUESTED IN AFFIDAVIT CITY'S RESPONSE Fire and Police Department records from Exhibit 1 contains Incident Report 2007- 2008 regarding an RV fire on the street in 0008545 regarding an RV fire which may be front of 3745 Adams Street [Paragraph 1]1 the same incident referenced in Paragraph 1 of your affidavit. Your numerous citizen complaints regarding Exhibit 2 contains correspondence from you improper code officer and police officer regarding complaints against Code harassment between the years 2008 and Enforcement and Police Officers. Please note 2017 [Paragraph 3] that the Police Department does not keep official complaints for more than five years. Police Incident Report #34228 [Paragraph Exhibit 3 contains a copy of Police Incident 6(b)] Report #34228 with personal information redacted. A complaint to the Investigative Sergeant Exhibit 2 contains correspondence from you regarding a police incident at 3745 Adams regarding complaints against Code Street in 2013 or 2014 [Paragraph 6(d)] Enforcement and Police Officers. 1 The paragraph references are the locations in your affidavit where we located the request for records. www.carlsbadca.gov 1200 Carlsbad Village Drive, Carlsbad, CA 92008-1949 IT 760-434-2891 I F 760-434-8367 j www.carlsbadca.gov ® A complaint to the Investigative Sergeant and Exhibit 2 contains correspondence from you City Attorney regarding a search for Brian regarding complaints against Code Quick in the summer or fall of 2014 Enforcement and Police Officers. [Paragraph 6(e)] Building Department Records of Spring of Exhibit 4 contains all Building Department 2005 [Paragraphs 6(g) and (h)] records from 2005 regarding 3745 Adams Street. Code Enforcement Records of 2005 Exhibit 5 contains Code Enforcement Records [Paragraph 6(i)] from 2005 A letter from the City Attorney dated July 17, Exhibit 6 contains a copy of a letter from 2013 to Catherine Bryan [Paragraph 6U)] Assistant City Attorney Paul Edmonson dated July 17, 2013 On July 10, 2017, the City Clerk received a document from you entitled "Joint Affidavit" which requests copies of the "original blueprints and building permits" for 3745 Adams Street. Although these records are not in the possession of the City of Carlsbad, we have contacted the County of San Diego and were told that the documents attached to this letter as Exhibit 7 are all of the responsive documents records which the County of San Diego has. If you believe that the city has additional documents responsive to your requests, please provide the City Clerk with a request for those documents which provides a specific description of each document requested. Sincerely, EXHIBIT 1 lncldent Report 2007-0dQ854£i. -'000 Alarm Date and Time Arri val Time Controlied 'JJ,ate and Tirtle LflSt Unit.Cleared Date andTinte Response Time Pi-ioi'ity Response Comp:leted Reviewed Plre bepartment Staffon Shift Inci.dent Type Aid Given ot Received Action Taken 1 Action Taken 2. Action Taken 3 Casualties Apparatus -Suppresston Personnel -Suppression :Personnel Property Loss Contents Loss Pf<operty Value Contents VaJue Ptoperty Use Locatiun Type Adtlress City; State Zip Dfrections LatitLtde Longitude Map Page Initial Dispatch Cone Involvement Code Last Natne Street Address Area of Origin Heat Source lte111 First Ignited Type ofMaterial Ca Lise of Ignition Contribution To Ignition 1 Carlsbad Fire Department 2560 ORION WY Catlsbad, CA 92010 760-931-2141 Printed: 07107/2017 DB:47:07 Numb-er of Pagecs: 4 23 :26;.50, F1iday, Dece:m.ber 21; 20-07 23.:32:25 00:56:30 Saturday1 becemher2.2, 2007 0:05:$5 Yes Yes Yes C:131 A 136-Self~propelled motor home ,or recreational vehicle N-Nime l i .~ nxtinguish 12 -Salvage & overhaul 86 -Investigate No 2 6 $5,000.00 $5,000.00 $:5;000;{)0 $5,000.00 962 -Residential street, road oneside:ntial drjveway Address 3700 Adams ST Carlsbad, CA 92,on&- 3100 Adams St 33.1559.68 117.335765 C3B Situation Veh Ffre JPer&oii Involved -RHONDA~ RP RHONbA Fire 83. -Engine area, ro,nning gei;i;r; wheel area 11 -Spark;_ ember or .flame frorosoperating equipment 65 -Flammable liquid/gas -11ntontained 23 -Gasoline 2 -Unintenftonal 2b -Mechanfo)Il failure, malfunction, othei" P?rge I of 4 Prfoted: 07/07/2017 08:47:07 lncidentReport 2007-0008545 -000 Human Factors Mobile Equipment Iuyolved lVfobUe Equipment Type Mob'ili3 Equipment Make Mobile Equipment Model Mobile Equipment Year App_aratus ID Apparatus Dispatch Date and Time En route to s.cene -dat(i and ~iroe Apparatus Clear Date antl Time Apparatus p.rfority re$ponse Appa:111tus C$.nceUed after disp~ch Number of'People Apparatus.Use Apfiaratus Action Taken l Apparatus Type Personnel i Petstmnel2 Personnel 3 Apparatus ID Response Time Apparatus Dispatch Date and Time En route to scepe date and tjme Apparatus Arrival Date and Time Apparatus Clear Date and Time Apparatus priority response Number of People Appat'atus Use Apparatus Action Taken 1 Apparatus Action Taken 2 Apparatus Action Taken 3 Apparatus Type Personuel 1 Personnel 2 Personnel 3 N:one Carlsbad Fire Department 25.6(} ORlON WY C-aifshad, CA 92010 760'.-9$1-2141 Printed: ,07/0'712-017 OB:.47:07 Number of Pages:· 4- :Fire 3 -Involved in ignition and burned 14-Motorhorp:~; camper, bookm()bile. 00 -Other Mfil{e Pace Arrow 191& 221.3 23:27:08 23:29:06 23:31:34 Yes Yes 3 1 Apparatus -2213 Friday, .December 21, 2007 Friday, Deccmbet21, 1007 Friday, December21, 2007 91 -Cance11¢d en route 11-E:qgitte L245 --Valek, Matt E Position: FCA.P 256:6. -Gates, Craig S Position: FENG 4845 ~ Heiniaster, Carl S Positron~ FFPM 2211 0:04:"02 23:28:23 23:31:16 23:32:25 00:56:.30 Yes 3 l Apparatus -Z~il Friday, December 21, 2007 Friday, December 21, 2007 Fdday, Deuehl.bet21,2-007 Satµrday, December 22, 2001 11 -Extingnish 12 -Salvage &overhaul 86 -mvestigate Tl -Engine 2191 -Fecss, John C Pqsition: I:OAP 5205 -Griffin, R.of;trk 1 Position: FFPM 5208 -Mullins, Bill R Position: FENG Printed: 07/07/2017 OS:41:07 Incident Report 2-007-000$545 -000 Officer In Chru;ge Reviewer Nan:ative Name 1:--hu:rati ve 'Type Author Narrative Text Narrative Natne N arrntfve Type Nanative Date Author Au:thor Rank Author Assignment Narrative Text Niwrative Name Narrative Type Narrative Date Au!hor Author Rank Author Assignment NarmtiveText Car/sbttr;J Fire Department 2560 ORION WY Carlsbad, CA9201O 760-931-:2141 Printed: 07/0712017 OB:4T07 Number ot Pages: 4 Authority. 2191-Feess, John·c 08:36;29 Sunday, December 23, 2007 2191 -.Feess; John C OS:36:30 Sunday, December 23,20..07 2573 ~ Vanqe, Rich C 22:0(k39 Tuesday,Nove:mber n, 2D08 CAJ)'Nartttfrve CAD Narrative Nanatives CAD Master Incident Number: 2-00'.7-5$.9:l7 Primary Juti:sdiction Number: CBD 20:070008545 Incident Narrative Incident 08:08:38 Sunday, December 2$, 2007 219.1-Feess,.John C FCAP 2213 wa:s, dispatched to a Vehicle Fire in the 3700 block of Adams Street. 2211 cleared from an eadfor incident and respon®d, and 22.13 was cancelled. 2.21 I arrived and encounterecl CPD OIi scen,e with a fully inv()lved motor:hcitrie, w.ith fire. e;l/:tension to adjacent palm trees in front of 3145 Adams Street The fire was e:rj:ingtrished with water attd FtreAlde, while-a supply line was deployed fr,om a nearby hydrant 2213 an:d 2291 arrived on scene· to assfat with overhaul but remained avallab1e and were not added to the incident Heat wrroage was ;also noted to, an adjacent power line from pole.Jr 121986, and Di:spatch was advised to. contac.t SDG&E fo investigate: All hurried materials. were overhauled, and an fiw investigation w~ initiated. The subject that was repairing the vehicle, Dean Griffin, requ¢stedto leave the vehicle parked on the street temporar!ly. CPD .poucurreo, but fue sµbJect was advised to 1i:aveibe vehicle removed within several days. 22J 1 then clearetL Fire Investigation Incident 08:18:25 Sunda:y, December 23, 2007 2191 ~ Feess, John C FCAP 1 A subject living on the property at 3745 Adams Stre.et was oontactedon scene, The subject, Dean Griffin, stated that he was attempting to t¢pair Jlle motor h01ne, which was owned by an a:cquaintance, Lou. Snider. The subject stated that he was 1n the interior ,oflhe vehicle working on the engine, primed the carburet0r with gasoline. and while attempting to start the engine the gasoline ignited. A nearby gasoline co:ntafoerw.as then accidentally .Page 3 of4 i:>rinted: 0.7/0J/201708:47:07 incident Report 2007 -0008545 -000 Carlsbad Fire Department 2560 ORJON WY Carlsl;,ad, CA 92010 76'0-9'31-2141 Priated: 07107/2017 08/47:07 Numb?rof Pages: 4 .Narratives knocked ove:r, resulting in mcteased frre involvement Heat and smoke damage was noted,:to the entire vehicle, aiid all contents were consumed o:r d?JI)?rged. The majority-0fheat involvernentwas to the :front of the vehicle above the floor level. Radiant frre -damage to neai·lzy palm trees and ra<iiant heat damage to ;n:el:lcrby power lines: was noted. End ofR;eport .Page4 of4 Printed: 07/07/2-017 08:47:07 · EXHIBIT 2 from:., 05121 I 2013 15: 01 . ro, cyn ti> tji~ ~tio)'.l ~ :'"' $lrn1t1on,; ¢ c:ra tf f0c2!Wj--~.....=- FA."'<: 1£tf1 OOH:1.~~l. . __,1_&0 __ ""-f--53:~-..-y;,3J;;;;_f ...... ·-· ,,.,... .... -· __ ,,.....·~· ---------~ PHONE: 760-931-2011 . FROM: KOKOPELLI WORKSHOP CORPORATION & CATHERINE BRYAN ...... c,-. <" .~ ,.· . . . . ----~. ~-~-----......... ---~~--_,._....---~ RE: Your incident# and our pending civ.il Iawsait 3:10·CV·Ol60ij-Q4B· ;KSC ,-'ag~inst Golrun,'.l'ttl Sach$ .• ~T~li9,,Jave·awr~-~.:e~., .. ~· -~~--~---..,;.,...~-- COMMENTS: This FAX ls sMt from City of Cadsbad .-property owrter Qatheifoe Bcyl;lll; 317-,if.l Ad.amtJ Street 760·277-3846 Before you threaten us with: code inspectiQn.s .I urgently a~ggest that ypu to review the followin,g facts and provide veri:flcation th.rough the h;eram, attached exhibij;s, O:ur p,:operty has been :family owned:amee 1950. My father t018l.'ence Bcyan): b;uild the ad-0be hot;1.@ over a ten year peripd. 'N/:y mother, and I own tb.e property·in.joint. tenancy. Plea1m feel free confirm -theoo facts with John Kelly, (haa:d ·Of the City o:f Carlsbad inspection d'epartment. In 2005 elderly property owner ( ~n 84-ywal's~old) Betty Bxy~, mytrtothe:r-; was intimidated, stteered and coerf:led into M liQfayqrable lo~ by a party {loan Offic~;r) who falsely represented to the. ci.ty of Carlsbad building·departmentthat the,y were in the procees ofacqttld.ng her property. Srihsequ.netly J9hn Kelly ass:i,sted me i;n my wse()Yery thi,;. fact by in$pectfng the reeor.d&. These aame-parties le-~rag,ed, other nott:h,oounty property using identical techniques of "mand:atorf' code :inspections. 'The loan offi,cer )i;,ept tne loan proceed.a ( suppoaedly for mandato:ey upgraqdes needed to 001":rect the .mandatory code violations ) and the b:anlc fo~osed servtog ·,our fanrily with eviction proceed:i:r,.:gsin N6vembe:r of-2009. A jury fou.nd the evicti'on :to be wrongful in .a special verdict (exbibit 1) :r:encter¢d on 1ebruru:y 2, ~010 awa:t'dmg th.e subject p:rqperty to :Betty Bryan and C.athe:rine B:ryan; and this ve:rdicl was NOT o;v:erturned pn appeal, ln spite pf the ju:xy -re:t:diet Goldman aka M'l'GlJt Inxt.esto:rs ;LJ? ., £ailed to reconvey title so we sued them fer $20,,000,000 and the ,case fu ,still pending vlitlt a upcoming t:clal dat& of June 2, 2013, I strongly supecty-0ur presence on m.y property is related to our hearing date a1:1 (}oldm.an' s emploJee1,1 at excel p:ropertiesw lurtrti use -every possibl~ method to harass us into a:handoning ou:r proper;ty, The parties you interacted with axe KCW volu;nteers .(eihibi~ If) I w-0uld ha:ve p.o problem :ad&g the City ,of Oa.dabad Police Departmen.t · Cod:e ct.epar;tment as defendants in civil lawsuit 3:lO·CV·01605·CAB·KSC ifyou proceed with code inspections as you .indicated yesterday. #423 P.0011012 j ,From: 1 2 3, 4 5 6 7 Ii} o· 9 10 11 05/21/2013 15:02 tf423 P.0O2f(J12 IN .AND FOR. THE COUNTY OF SAN :DJ:JIDGO 12 MTGL.Q INVBSTORS LP, ) Case No. 37-2009:-0004-0923-CL-:UChNC 13 · Plalntiff, 5 . JUDGMENT ON SPEctAL ) VERDICT 14 vs. ) ) 15 ) 16 CATI-IER.INE BIZ-YAN at1d DOES l thr<Yugh s,5 inclusive. ) 17 ) Defendants. ) 18 --------~----) On February 1., 2010, this ma:tter came on regularly for tri~ i:ti Department 26 ofthe abov~~errtitled court, the Honor.able Runston G. Maino, Judge Presiding. DavidA. Eb~rsole, 19 20 21 Esq., appe~e<l for Plaintiff, MTGLQ INVESTORS L.l\ and Defendant CATHERINl:3 BRYAN 22 appeared in proprla persona. A jury of 12 persons was regularly impaneled .and sworn and 23 24 25 26 27 28 , agreed to try the cause. After hearing the evidence; both oral and documentat)', and ,arguments, the jtity was duty instructed by the Couitand the cause was submitted to t,hc; jury with direetions to, return a special verdict. TI).ejury delibe,rate.d and thereafter tetutned to Court with hs speciaf verdict whic)J. was as follows.: JlJDGMENT ON SPECIAL VERDICT 1 ,From:, 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 21 28 0512l/201S 1&:02 #423 P .. 00:3/012. 1. A foreclosure sale took place regarding the. property located at J745 Adams Street, Cadsbad, California 92008~ on October 23, 2009. r 2. 3. 4. 5. 6. 7. X Yes --No Plaintiff: MTGLQ INVESTORS LP, purchased the property at the -sale and is presently the legal owner of the property. · Yes --X No We, the Jury. find that PlaintiffMTGLQ INVESTORS LP, has cmnptied with the provisioliS ()f Civil Code section 2924 .. -~-Yes .X .·No We,. the Jury\. :finrl that on 11/3/09 Plaintiff servetl deferu4tnt with $ day notfoe to quit possession ofthe premises. . . X Yes -'---,--No We, the Jury, find that the notice to quit possession expired on l In/09. X Yes ---No We, the Jury find that PlaintiffMiOLQ INVESTORS LP is entitled to possession of the premises. X No We, the Jury, find that the reasonable rental value of the subje.ct premises is $80.00 perday. --Yes X No We, the Jury find that Plaintiff is ~u:titl ed to damages from 11 /7 /09 through the present, 79 days at $80.00 per day for a total of$6~320,00. Yes X No ~- Dated: 2/2/10 1$.I Dehorah.Martin:::-Lemmon Foteman of the Jury · · ,From:, ;..· 3U5t25.l State of California Secretary of State 05/21/2013: 15: 03 I, UEBRA BOWEN, Se<c.retary o:f State-of the ${ate Gf Ca!lfornta; hereby ce-rt1fy: . That the. atfaohecl transcript of .J-. paQe-(s) has been compared with ,the reeo:r-rl on fife in lhi$ office, ofwhtch it purports to be a copy; and that it rs f-ufl, true arnd corr.act tN WITNS~S WH~REOF; I ex~cut~ thi~ certificate. a:rtd .affix the Great Seal of the state or California tfiis day of OCT 2 2 2007 &b,~ ~. DEBRA BOWEN S.:crdary of Stat<l #423 P .0041012 , From:.· 0:5/2112013 15: 04 AR'f!CLES OF lNCORPO'RA1lON K.O.KOPtiLt:! COMlVIU.NltY WORKSHOP ARUQ;El The 1mmi:: of this ,cotporatiQnis l(OKOPELU C-OMM\J~JTY WO:RK,S:ff.OP This corporation is a 11o:nl_Jtoftt PUB UC BENEHT CORl~R;\JlQN ;md is 1;19t .otgaufa:eo for ll1C private gain of any ~'fs<Jn. A. it is orgill:riA."d under tlm Nonpret'it ·Pu':bue·Benefit Corporation Law for: ( ) fiJbfic.tll,lipQSCS ( } Ch,1.rltabkpurposcs t)r (X} P.ublfoaudchnritablc purpoSt:s R Tlic sp,;cifk ;purpo;sc, of this; .corpo.ratio1;1 is to offer pubHe sen4::c ~-0tl,shpps r~ tl:rc co1mnt11iil')\ itl\1h.lding,. tmt not {im.itcd to. q.~1;,gfopmg :.1 unique e1c1vir~titn\mil whetc:iii qu~-11:fi,'W. cehified and knowfoogcraofo"ntitics.au.~l ittdivi<lt1rifa v.ill offeomiqtu,Nmd t1npatal11U educaiit:'lnal classes, guided self.-hdp t\'Otk$hop11, cc,inrnuna't and ~uttural anrrohmcnt Qlipi,rtrt11it.fos. and .,iivtJ:Sc discussion ~ups. The 'totpora:tion \vtll also develop ill'!.d openrt:e a, tJ.JJly inkgr~t~, aquaponk organic. fann, sJ~tem using the aqua fa:tm tno.del, i.e. an eoucatiomtf 'Orgamc farm \'1/'0tkshtip d~dic,i,J:cd to pmducfng healthy foods to be donated to uudc,:priyik-gcd persons, and families in the locaJ colrimWUty. 'fhis -corpor-&ion is or,ganized cxd usivdy · for charitable. sciet'itifk mld edncationa1 putpos.e.s. To rlus en.tl, th\l ~otpormfon ~htilf at all times ~ opc.~ttxl exclusively tor d:ia:i:itabtc p1.11posei; within the mcanhlg of Section ~Ol{i:;) (3J of~· Intemal Revenue Cpde l)f 1986. a,s l1<)W ,m~fed o:thcrcafkr anwpdoo;, including, fur such purposes, the making of distri'bulions ta o:rganizafjon.s Ihm qualify as exempt brga1-ti.rztions under Section 5J}I(c) (3) -0f the lllt¢ii'ial R..~venue Code of 1986,. ~s now <;m~cie<l Ql' h~aficr m:Bi;uded, AU fum::b. whether in~ omc or principaL and ,vhetlwr acquired by gift Qr contrib,tftfotr-OF -0th'.ctv\i)i('!;. sJ,ail 'f?e rl¢voiedto said ptltpose6. · AJ aU Lime's i,haU · rhc tblk:i,;;•fog Qperilfc as conditions n~stritting the opc.t:$ions tii1d acu .. ·ities of rhe corponi:tio11: The c.t'lrt;roration .sll-a1l 11otwfford pec1.inlacy.tf8in, inc.h.fori.t:aUy or o~ion,is~ itt i~~ members. No part of the net earnings of this coi;pL'>talion,sh:.itl inure to the benefit of any meinoer of t1J.e corporation,. except that rea'>linabk conip!;..-nsatkm may pc paid for services rem:!er~ to bt for t11e-col,'jj<l1:atio1i aff:ecting .. one or more of its purpos¢s-. Such net earnings,... if any, of this corporatfo~ shal:l be us1;1d to cm-ry our the-·nonprofit co1voi:ate' purposes set fottn above. #423 Pa 005 /01 2 Fro:m:, 05/21/2013 15:04 .ARTlCI:.E ill Th~ nrune and· addte~s in the State of (:ail'for-ni,;r N'i}ili; c.1)rpomt[o.n'.s initi9htg~ntfor.service of ptq.cess is: A.n4rm1 Mnlo~ 15539-0 Le.gemfa:ry Drt\'e M-oreo,o Valley1 CA 9-1555 AR)"iCU; . ~ A. Tids corpomfion isbrgi,nized·and' -operated exdu.~ive ly for c~witahlepmJ:?Oses within thi:; 1,ne~nfo~pf Sectfo1.t5(U(c) (1),. 1'rit~·na! 1tev·e11ue,Oxle-. B, No 1>1.ibstantml _part of ~activities of-this co1:r1ohltioi1shaU ~:on;,;i:.t ofci;in:ying.011 propaganda,xn:·cttMn•iise.an:t,'iUpthig to itlflut110e ~g:'isfatlo»~ and the cQtporationshall l)Ot partid:pateor .u1wrven'¢ in m1)rpolhie.11 campaign {me~ the publishing or<iistrfu1itjon 0f staten1e1,1ts.) on, behalf of any ciindidate fur pubiic oft'ice. TI1e propet1y<{)f thls C{U"J)otmionJs irrevoc.'.lb!y de<licateq.tQ cltai-in\.bfe purposes ~t~d no-p~rt of the net .lnoo1neo-or a;;set-<,ofthis corpm,.i1ion i>·liall ever :lll.lte.to the benefit ofany oi~or. offir:er or inenil:>er{ne.reo'fot .ID tbt bci;e'fit of :cmy private pehfun. 'tp::n'th¢ di,,;sttlltti:onon.vktqing up of thu co;pmation. m assets rema,ki.i, r payment, or ptt;'wts.ior-1 fotpaym®t, of an debts artd' HabiUtJes-0f this: eorporatioitsf.iaµ ~ buiedto a .1'.lflnprQ':rit too&, fetmdatkinn, corpot;:i,tion \,:l:tich is organ~.:! and operatt;<l exclusively for charifoble:pll!Po,w~ :and which has e;,tabljsi,100 its~ exempt~ 1.mder Sectfo.ft 5.0 l( c.} (3), Internal l{ev.,,'ime-C«fe, Names and Siw:ratures.df Incmpnnitors; ~.4 ~ _,__,.:, ., . ~-'~ Elizabeth l\.11Her #423 P.006/012 F ron1: , Bylaws o;>f 05/21/2013 15:05 KOKOPELU C01\.:JMUNI'I'Y WORKS:HOP A. California ,Pnb:lic Bent0fit Corporation .\R'flt'LE h OfflCE& SE~Tl-ON J. PIUNCIPAL rnrt"'I'CE ; fhe principal off foe of' the corponll10n ,for the ttnnsaclien trf :us hui;incss is located m. 1745 Adams Street, C.urls-l'racl in the Co1;1nty of:San Dii.~go, Ca!Ilbimia. SECTION 2.;. OIANGE OF ADDRESS The c.oooty of 1he: L'<)rporatiCin\ 1,rindpal office-can bs: dw.nged only by ain\!:tJdroent -Pf these: hyla";s and n<sit' otherwise. SECTION 3. OTHER OFFICES The rnrpormion nmy in the fi1iure devek}p oflke), at s-ucb ,other pfacc:-;,. within ot without the Stnk t)f C\tlil1cm1ia, whe.ir¢ it_ wHT he; q:uttHfitd t() do hush1ei;s, .t;.; il:S l:itl$iness. hiay require antf a,; the boar~! of di:tectotii n'li:\-Y dcstw.;iltlk, A~'llCU~U PURPOSES SECTION f. OBJEC1'lVES AND PllR:PO$ES Kokopelli Cornrimniry WotK;{hop Corpt'>ration b orga:nu..ed exdi:t:.ively for corrr,riunJty s~Rice a,id edut:atlonal puq'.lbhes, inch'iditig Jn1: sntn purpos:~, the mu1tiilg_ of partnership~ v.1th ~Ji;ter organizations that qualify i.rn<ler ~e.ct'ion: 501 f<'J(3J oft.h-e _Intemitl Revenue C9de, or ai,ry conespon:ding secfitm of any, future fi;deraJ tax c()de. 'Fhc primary ol1jectlw,s ah.i ptffposes .of thi;,; co1pm11:tion shall be:; to provide rhe local San D1ego C-i:mmy cotntllUl'lil)" and .exteti:dcd St)uu1c:r11- Californfa comm:uniiy \Vith a urriqu<; eom:munity meeting, j!IJµce. r:-dµcati:onal. and public WtJrkshop center .. '!1:.nkoJ'.1l:1H :Co1nn111.nity W-orkshop Corp.or.atkm pi-ans t.o develop-,m cnvin.)l1mcnt where in atl)' nitmhc:r of publi-c serviec · mm-profit and r.efated :Cotrtmuniiy s:ervi.ce groups can mee.t with the public to c)ffor; lccmr~~. wot:kshops, erluf,\~i:on.;_it du~i.l:!s, _guidc<l seJf..:.l1elp grt,)ups., cuJtural eQ.richment experjences. -seminars, and political nn,ocJal rliscu:s:iion gl'oups, .Kok.t.)J)t;Ui Comnmni'ty W<)J'kshop planned Community Center i:neeHng huiloing will -be c(m~u·uctd fn the KOKOi='Ell-1 COMMUNITY WQfiKSH.OP Cdl'leOflATJON 3745 Atialtlll Stt1*it, Carlsbad Calft¢rr,w. ,92.000 - #423 P __ 007/012 , From:, 05/21/2013 15:06 -, ntin-profll and -r.cl;'¼t¢tl community :.ervh:eo groups'!tan me.et with. the public t:rJ om~r; lectures,, wt1rksh.0ps, 0tl:uttttfona1 ~fossc&,. guide-d $el:Fhe1p groups, cultt:tral emkhmrnt expctii;11~s. ,;r;minars., and political orsoda1 i:t.istt1S$iorigroups. K,sikoµeJU Communtt.y Worksfo1p phiJf!K\d CornmunityCe11tcr meeting bull.ding will be: .Xlmirncfcd in thl! period from Z(HO-<lnd-2013', lo t1'¢cO:tt!,.tt1t;c wn:f/ J.h¢ y,..1rio.us date.." of ihc prqJtct-s t'i:c$ipt of :ant_1tip-atcd gran.t fun<ltng.. · lmplemen1.it:inn of this project ,vilJ pmvide an effective foc:ation where !\C:-VJ!t::il Co1r1muriity worfa,hop pr-ojce;~ and concurrent p_rqjl";cts. of sii.'ter NPO p;Jrtners wl1l 'be i m1>1cmente-d. Kok<1pcilt Coti1n1unity Workshop future cnnm-1ttrtity service projects: vmJ hicli1dc; but rtot be limhe-d £1> 11w fo!lt}Wl"tl:g: · (:OMMUNIVERSlTY MAGAZINE PROJECT: Tbe putpei$e t1fthis prl).i,ecl i$ tt'i fam1Hati7e the eommuolty witJ1 the many non~pmfit public, serdi:'c classes, worksh(,p.~ .. semjm.1:n; and cvcrit lnftm:ixatiun whiC.h ,am .i-\cailahle through coo,unun11y servJci:! rt>sou:r,;:e&. i:md m erea{.;:i mo:re pqhUc aw11.renC'!\5 0-f the 1:nany services av a;ilahh'.'. -to the pu))lk 1b:rough our nrnhpmfll partners in tjTe · kwal a1~rl ex.te1h.l'.ed rnu:m1un:ity. Too-fi-¢e mag;1ilnc wrlh,:reai'c a lo,t.c,J 1'est)t1rce for free adverti-sing fo:r b¢.nefreia1 co1nnitm"i1;y, tL'f.'Outve and servic--.: progrM1.•;,, p:ro,i,dfog a venue in wbkh ed.uc-a1ionru courses, ,~lasse'!i:, seminars, workS)hops and evenis ef1t1 be of.fured to the pti!Yl-k by,pub1ic_senicc 4gcncics. this 11,) fee for list-mg 1:nisfa ha.~ 'been sele-<•ted:as policy .[or th¢ r¢a;;on ~{equalizing Ui;;"<:ei;sibillty for numerous 4,1.,1mmunity resou1tes to, the pub.Jfo with zero {j(>SL · 1'o maii11,-i1u: high visibility with the-public-, n.1ur.itb1y foarure artkJ~., wlil showcase and illtctvi1:w 110J1,-pJ·Qfitorg.miization hi~lrdiJghtlng what .they have 10 offlit the con1t111.1nity. Alotig.<;:idc · perst)n.i;l iniervitw!i will b.e irH'.kpth 1u:ticks on 1ssi!e~ a.fa_ timely nttlllre. sudi ,\S Jhe ct1rrent issue\; such _as tM ct:onomlc crisels -tn:ken one step fi,nther -what:n1erti.bers of 41e co11101ttnily ea,n do .'ittml it. Our focU:, :.nail be: {)Ji l3Ctw<,rkingbct ween the public, :Und p[ihlic meetings and d,i,..m.1,-s.ion grpup;;:JmpJementecl fo.r explorh\g paths-of c1.)n11tn;1ni!J deVclopmci~t o.nd.optJbnii. The main purpo;;e of Con(lnunive-r:;ity ~-faga,:ine p:roje£;t ts to .create increwwcl _pnblrc a\i\,are.tte.ss .c>r the rn'<lllY li:leally uvaiJllble communily service-programs ,md mgm1iz"-tio11s hy mean.s nf h;ivc:sfrgatJve Journalh1ic resear~h an,d inl>pirational fea1urc swr.i-e.,;. As morepublfo: rcsourc~s arc identified by Cou,mtmiversity Mi~g.azine volunteer stat):,, we wm endeavor (f1 create i:m:tca-scd 11warene"'-" in the extc-rrded conJJmtrli,t_y ihr I heir use, 11'1e .advantage of the non-fee ;;1dvertise-mcnt in Comumnlve-rshy Magaz.in\:. win help in~ur<!' equal eppnrt:unity for all. COMMUNITY \\'C)~k;Si-tO-P AQVAPONJC MOJ)EL FARM PROJECT wiH impk:me11t and opcrnte it fully integrn.ted aqu~poofc:. otgan-J~.\ model f ann -syste1n ,at tfa~ ~lttnni::<l hcatiquartds- locatiort. m:ing-1h1Jaqua farm rnodel A_qutl.ponks ts 1I1e coinh-in;atron t)f .tu~irculari-011 aq1mcuJti1re <fi,,h. farming~ and hydroponics (growing planlo;, wj1l}9ut s01n. T!Je mo.de.I fatm will pro,,4di:: lln educational org.i)tk furm workshop that w'ill leach wawt coftscrvu1t01_1, healthy otganit frxxl productitln, lifostjlc susluinabiht_y. Food1;, sud1 as; farmed fisb,fa:r'bs_, fn:ii'ts,,Jnd ,·cget,l"We-l'i, prodtu:·ed fi:om the KokopciH furtl'l proji::-(;t wrn be ex clw,i vely used to sq;rve the llii'.cJ~ 0.f und~rpriviJegcd imHvwua!s .and families h~ the !oeuI cc)n1n1nt1ity. \. ··, #423 P.008/012 I ] ·l· l Jtom:, 05/21/2013 15:07 PREDA TORY LENDJNG HELP (Lt'I\IJC wm dcvdop i1 sped:.tl Itee l:idp. dh'tk fot vk1hm, nf prcd.;\to:r;y lemfrrrg, The Ulca of the c,Hnie will h:e to allow famlli~s,.and 1ud1v{il'ua!s ,vgo n1a,y be victims w ber pto\'lclcd with non-profit tei>-Ot-111cc:s lt1 ,l non'1Cgnflict tif i:!11¢r~st eriVironmen1.. where tndµcd co'unsd,oFS can l)eip diem u11det;staltu aU their ¢hokes .:tnd ,tf.!trnati:vc!\i, mi,d refor thetn to -vatiHus rmd appro1,,riate partner o~anizntioTI.:-; for fr~ o.r low cos:t kgal a.,ii.S\Mcc wi1h HUD and HOPB opti0n.'S am} rdated govewmcnt ·progra~s iITTd most imptntirn!.ly to help ,them review call p1'ivately offered rnst)luHonl>, tn e;nsu:re, the ,pubiic undnN.tandi. ~xactly what i;; ol;foretl hy all the varfou."-privafe ·-:fklt_:i P.rogtanls", ancl arc made ,iware alt ilw pot-0nti11l advcr!ic <'Q1ts~~qut':!1<::e., ~f •· ,a&vance tee~cteath:e forcd.osute-r.esctt~ sche-mt'S'' 1n friendly a nPn-t'.onl1ict oflntatesl envimnmem. ' ARTlCLJ<; #3 I):JREC'l'ORS The coi1)(1raiJon ,1,n.iJl ha,,c not 'l't!wci-th.au (4) nor more than f9l db:ettoci. 'With the exact nltmbe1· to he .fh.JJ'<l v.,iqttq t:bel;ee limits by appr!>va:l of the t;-oard ot~rt:t·tor> qr the ,tttl'imbcrs. u any, jn the manJ.K:r provided hy these b-ylaws.. Coll~ctrvely they shaH be known a., the bnatd of d!n:,"Cti)rs.. The nutnbcr may be d1m1g~rd by tu11end'1n~m of thh bylaw: or !Jy re,peal of this bylw.v and adoption of a n~w byl/,\W. a£ pro·\-'ided: hi these bylaws .. Subjcc~ to 1J1c prcwision.-. of me California Nonprofit PuhHc Benefit Cqtponnion law :and a11y J:l111ha11ons Jn tht artlde,r of incorporation: ~rid bylaws relating tu action required or pe:1miued 10 he Lakeu or appr1A,td. by tbe members, if any, offliis corpan1Jion, the ,tcfi vitks and af.fai-rs of .thi;s c.of['X1r!ltion shalf be conductecH11i~l all cotptOrate powers. shatl he etctd:sed by ot tmdf;'."t th~ dire-ctim1 of tht·btiai·d of d1:r:eetor;;;, BECTKON :t DU'FIKS lt fihulJ be the duty oJ the dh:eclol·!f to:: ta) Pctfbtrn any and till duties impo;;;et! on them cotleciivdy or futllvitjnaHy by !aw, by 1he ar!iclei; nl' incotpor::itfon <)fthis ccirporafiun. ~1t-by tbe.i;.1: hyfaw,'<; ih) Appoint and rtrntw:e, employ and dis,diarge, and. except 11-~ ot:J1erwi;!;e pmvided in thes;c bylaws, preScr.ihe rhe duli'cs and fi;,c the, compensation. it any, of-nJ l oftfa-{;rs, a~nts, itnd employees 6f the ct>rpora:thm~ fo J S11p~rvise an i.ifficers., agi;ql,s,. and employees of the GPrpor11l ion 1-t), aiic'>Ure that the,ir dtitics are performed pmpc.rfy~ , (,d,) Meet a, ~Ut'h times and plac~s <ls requited hythcse byhn:vs~ ;l #423 P.009:/:0-12 05 l 21 / 2013 15 : 08 . Hon:..prnilt ano rchucj_i cmnrnunity service groups cnn meet with the plibl'ic ti.) nffet;, kctut~, workshopll. ~dueatlonal d.ai;s0s. guided sclf-hl\'ilp groups, L'iµtural e1µidamerit exp0ri~nctts, >i.Cmiuar~, and ptYHtical or.s.otial di~coss:ion groups. KokopeUi Com:irn111i1y Workshop phum.ed Cqmmuoily Center meettn,g bulfoli11g wi-11 be com,truL1J;;d fo the period. from 2010-~nd 2013, iiJ uccutd;:mc;c with the vtuiou-s dates .of the pr(tleGfs. rcoeipt of,miidpatcd grant .futid:ll'i.g. hn.p!ementadol! of tbt, proj1!<:t will y.,n}\'Jc\e,;;\n_ effective location w{lcri scvcml Co1rtniunlty . work~hop pr~jec(s and ,co11cnrren1 pr.qiecli; ofsistcrN:PO puitners ,,;m be in1pkiJ1~t1ted~ K,:.kopcHi Ct,nrnmftlty Wt.irk.shop-fl.tlllte c.wo1111U1ii1y s~rvicc projects will include, but nm he limited {\1 the-following: COMMU~IVIiRSTfY MAGA2JNE PROJECT; 'The p~wpose ofthi'i pmj:001 is to f&mi:Ih:irizc; thceo,nJJ'runity with the 11-umy non-vroffl public sotVkG dasscs, Wot1;c1,h:011.s; seminars and even{ infonnarion whit;b are ava:i k1.i,Jc through cO'Jlllillini I y sen•jce ro.~ottr4-o)>, and tb' ¢re<ate tn6re public awa-rc:ncss of the many .sen/foes avmiahl'~ to 1!1e p1,hlic throtrgh nqr tt{m-pro:fn partneri; ht the fociii andexteni.ft:<l d>TU111uoi11'.. · The free mag.l:iinc wm vreate a loca1 resnrtf~¢ f<.rt free advcithring for ben~fidal t'9rrµi1tlnity resource a;m! s~rYit'e progrmns, pltl,4ding n \~cte in wl:)Jd1 e4uc:atkn:;,.d, tollf:i,cs, cl~scs. sei;ilJ'tfat-s., wnrki;lmp~ and events Ciln be offe,rod to 1he pub!1:c by public servke µ;gen¢k,s. This !l(~ f~ for listfng batis has. hecn .sdec-tt·d as poJicy for the 1-e«iiOJt of ci)ttaHi.ing at:1.·eit'.<tbiUty for numeroiis commllliitY resources 10 ihe puhlic w'ilh zero-cost, To roai:t*rin high vi:,...,ih.ility with the public. monthly feature article~ will shuwea);e iu1d Jntetvicw .non-profit .organfaarion liighilghting >what tht!y have t~) offer the eominunhy. Along!iidC personal interdews wiH fo ir;.;ckpth /u'tkk"$ 6p 'ii;.1.ues' at~ timely nat\'.lre, si.ich us, lhe cttrrent. fas:ues 1-111.'h as tbeiec<mt)tnic c.rlRe:s ·~ taken one s,te.p further-whar m.e:mbt,~ of rhe· co111mu,11i1y can do about it. Oti;t focus sna:U be on 11el wurklilg bet wct,ti the public. and plihlit' meetings and discussit)n group,d11lpkm¢11ted fot t~xploting paths ol' commimity development nnq qp(i<xns. The rnain putpore (~f CommtUiiversiry Magazine pmjeet is tfl create in.crci.t,;cd public ,tWlll:eMsS tif the ll¼l!l)' foctlJ-ly av.tfl:;tbfo C()tril)1Ut1,J:t)I '.SCtVicc ptx.1~rfrl11S ;md organiJ.at;imts by rn~an,.:; of investi,gafh,c Jourmilfstk research nnd hispiratiofill;] feature storiccs. Ai-n101:e pulrlk rnso1~rces are identified by Com:mim1vcr.-:hy Ma:g.u.inc voluru.e~r ~taff, we ,.vi11 ericleavor l(~ c.."reale lr1cre .. l!,;ed w.\car<.mc.'\c'dH I he exlinded ctrmmnnhy for their use. The adv-,m.w:ge of th~ no.n-fcc ad\11:'.rtis~mcnt in ('.l:nnrntmlversfty lvfagaiine. will help :insure ~qua! upp.m'ttJnity for ali. COMMUNITY \V,ORKSHQP AQHAPONIC M(>b:EL FARM PROJitCT will impkment and c,perate a fi:1Hy integrated uquappnk, organic, model farm system at the pfottne<l hi::atlqu:artets loG'.ation. 'u,~ing the ;;tqu}l: :t.u:m mod~L Aquap9oks is the c:ou1blna:tion of rodrcufa1fon i:lqµ.ur;lllture Ofah forn'ling) and l)ygr1,}po11ks (growing p:kmls witnont soU). Tb~ 111ode1 form wfl'l :pr<wltlc. an c<ll.loatit)fltll 1)tga'l:lic t'ltin workshop lhai WHJ 1~ach Wat~r c:pn,;ervaiiol:t, healtfuy nrg;lfi.tC food produ.:ri\m, lifestyle s11,'>iaimihlli (y, Foods,. s1.rch M: farmed fisti, herbs, fruits Md wg~taoles, produced from' the Kokopc!Ii la:nn pr-c~Jttt wi-ll hc-exdusiwly µsi;;d tn serve the aee4'> {if rn1!Jcrpri\,ikgM individuals and fanrilrcs h1 :t_hc l\)c~u :wmnmnity . . . ... , . 1 #4·23 P. 010/012 ,From:, 05/21 l2Di3 lE:09 J>RE:!)A TORY LBNDTNO ltElJl> Ct.\N1C will de,•clop aspcdal free help cl-fatk .fbr vktlms of-predatl>rJ k.nding~ The tdi?t1 of tine dfofo will bc-.to alk1w fatniHeJ; aud indlvidw,ds. v.-fai may he \"ictim:-. to •bi,, prnv.i<led ·with trDll·profit ntsou:rt':(:s in a non....;ot1t'!ief (J-f interest en\'hunment, whe:m traiMd. t'.Oifh~elo.rs c.un help th1mt understand all their cho:iecs and a:!tcmatiV~!i, ~ntt refer them fovatfoms and ttpp.rn_priatc piui11er. organfaations for froc or low cost .le-gal aisshtlAnce with HUD and HOPE Qplions and .rehired go:vcrmncsUt programs and nwst 1mpHrnmd-y to hdi) ihero fl1lv-ie.w &11 p!'ivatGly offered 1:e~"Qlulio11-s, to en!iln·e, rho public um:k·r!'.taads c:5adly v.tiat is-offered by <!.H lhe v,triol.'!s pnv[,t1e ·"Help Progntms'', and arc made awm:e a11 th.e .p0:fonttitl iiclvcrse eonscqucnvcs cl i. ad,vam.:c fec-ccrea1ivc foreck,surc-. rescue scherot.--s-·· fo·t)iencUy a llOtl•CQllfli~t of interest envimrtrncnt. AR.TICLl:#l lllRltCTORS 'fhc c..xirp\'.lm\Jon :ihu:H ·fatve nnt fevu;:r rlr..tn (4} 1ior uKm, durn WI clu~tors, ,,,,1th the exact number tQ be jJ}.er.j. witffrn $!:;Se Umit.;; hy oppt1;>vul nf lhe bt1urd (if directm1, o:r the rn~wbe-rs, 1.:f :i\113/, f-n lhc manner prn-\'i1.1ed b;y these l;>yfov,;s, C.,Ilcci1·vdy1hcy shat, be known as the ·boai'<l of tfite~tors. Th~ om1)ber 1:1:lltY Ire ChMge:d, by rut;1e1idn)e'!n ofrhL,; ,byiaw~ or by 1t>:p1;al of thfo: l:fylaw and adopiio-u of (l new pyfa~. as provided in thef;e byla\i;,l\. Suhjec1 to the· provisions of the C'Ali fornia Nonprofit Public .Benefit C..."-orpor<1.tion htw and any Tm1:iianon.'-in i·he articles of incorporatal<m tind h:yl;f·w-5 rehitlng to adkin 1:cquirc1ler penni1ted t0 he taken or approved by the member~, ff My. nf tnls co111or.a,tfon. the aci.iVitic:l'i and .tff ;,11rs o:f ihis corporation shall pe -conduct'1;.d and a11 n,1-·:porate power5 shall be exerc,h;i:,d by i:1r under the dire,.;t1,1n nf the board of directors. SECTION 3~. DUTIES It :sh,rl1 bll the duty of the d:h'ectQl"b ln: Ca) Pertbtm any ;rnd all tlulic,.:; inJJX,,;e.d on them s:ollectivdy 1,,r Individually by la\.v. hy the arfrc!es of tm::orporalion t;f this torporati on •. or by these bylaw:;; - \ht Appoint and remove, employ und discharge. ,and, except us otherwise pmvlded in lh.ese hylaw5, ·prcsetibe !.he duth:s '(mu fix. the com1-1e11sutio11, jf "'ny, of nJl of1k.crs, a1gent-s, ;,.met employe1ts of.the cmporation:, (cJ Supetv.ise aJl ullk<>rs, agents. and employees of the NWporation to a!l:sure that thC'i.r dt:rties arc performed prnp~rl y~ · fdJ Meet ill such timex und place~ anequired hyi:hc~c bylawlS; 3 #4,23 P. 0ll/O12 : ·-,.- ·,- r ~JO(\l :,, 0:5./21/2013' 15;10 We, the unde:rsign;erl,, are .au of the pe~ons niUlied a$ the irii&l ditectQrs in the a.rtlcles of incorpora,ti£$n of l(ok~pelli Conn:nunlty-Worksb:op. ~ California Mnpro~ -corpo.ratlon, and, ptJrSUant to t:hea:uthotity granted to~ di¢c'tots bythese bylaws: to take action by unanimous written .cottsent wifriout a meeting, co~j;:nt t-0. au4Jl~re.by <lo, adopt the foregoing b.y;la~s, ,coasi&fuigof m-.ertty-~ pages.·~ the. bylaws qf this:<:oiporatlon. • · Cti'the. .. ~ 3745 A&nns S'$:eet; C$' ,° bad ~ifotnia 92008 • .. ~-· .· ... ·. . . . . . .. , .. "; ·' ~Vi~t 507 S . .Rios Ave. Solana Reiwh, Califm:wa 9.207$ A1-dJtJfL · ulie ~~n Secl'etlllry Z4JO. Ji:~n Sm:et; Caclsbacl California· 92008 Trus ls.to certify that the fore.going is a tpie and correct cop.y of the bylaws of theeorpprat,ion named in fhe:tifle ctlerett'i mid that such bylaws wet¢ duly adopted hy th¢ board of dlrecto~ of said corporation o-n them set forthJ,eiow. · Dated; 11/5~ ~ /Gk;, Secretary Julie Re.iger #423 P.0121O12 Patricia Crescenti !Prom: Catherine Ibarra <sdsymposrum@yahoo . .com> Priciay, May 24, ZOU 4:38 PM Sent: To: A:ttorn~y; 'Cqdeenforcement Cc: . Police; S,fl'larkert@houser~law_com; Ida ·Green; jzak@wrigbtlegal.net Sl)bjed: Open letter City of Carlsbad Attorney's Office {et al) re 3745 Adams Street p.revlolis '(,?005)and pencl/ng code inspection Attachments: #12:-Goldman aka MTGLQ Investors Eviction Compla'int and Special verclict.pdf; Koko.pelli Artides and by~laws at optimized res .. pdf; Exhibit II:doc; Urgent FAX to CPDc.doc Open Letter to: City Attorney of Carlsbad, the City Of Ca:rlsb~d. Code Enforcement Department, and MTGLQ Investors t.P~ & SPS, (care 0f their attorney representlltives}8ara Markert, and Jonathan Zak; This letter is being written on May 241 2013', for the pt:trpose of ensuring trmisparency of all events for all parties involved in City Of Carlsbad prospective future involuntary oode,inspections and thosi conducted in 2005. And to create open inquires and shed light on oettain City of Carlsbad's Police and Code Officers pervio.u:.s and current involv~m.ent in enforceme11t of inv-oh111tary code insi;mctio.µs and reixrted v'iolations for the purpose of steering and .intimidate e1detlJ1 homeowners (including but not llinitN to 84-yew~old hom@wner Betty Bryan) into predatory loans designed to leverage their :valuable homes and property. This letter is written out .of deep CQncem that this practice may have recently expand~d to include inappropriate collusion with bankh::ig industry interests to induce forced abandomnefit of property to facilitate. and aid a predatoty and wrongful foreclosure. EVENTS TRIGGERING LEITER 1} On: June 3 ~ at 2:.00pm a Federal District Court hearing on cross-motions for sumruary Judgment in civil case, 3:J0-CV-01605-CAB~KSC, very likely stands to determinewhether GoldmanSaehs aka MTGLQ Investors is required by law to reoonvey titleto the subject property at 374'5 Adams Street, in Carlsbad Califun:ria 2) On May 21, 2013 a party identifying Wmselfas CPD Officer Simmons of the City Police D¢partment entered the private property located at 3 7 45 Adams Street Carlsbad California and iriteracted -with seyetal Kokopelli Workshop Volunteerswhilethey were lawfully engaged inactivities related to upkeep of the subject property grounds. · · · .3} Officer Simmons explained his visit as bei:r1g preliminary to the City of CiiTlsbad's o:ffit<i..W. intention to conduct new involuntary code inspections 3745 Adarris Street; in Carlsbad Califotrtia (subj:ectproperty) to be scheduled for the very next day. · 4) Du:dng the course of his interaction with Kokopelli Comn1Uliity Workshop Volunteer Ro:p.ald Thomas; Officer Simmons priv~tely 1;ihared the filet that he was either fan:xiliar with or even possibly perscfnally involved in the lastround of involuntary code inspections ofthe suqfect property conducted in the spring of 2005, where parties identifying themselves as Code Officedkott Rudinger and "attOiney'' George · Morgan II informed the elderly property owner and her daughter that, " your property will soon bQ condemned, the windows boarded up and your Utilities turned oft: if you danflot come up 'With tlte fands. to make the required •·mandatory' code corrections. Then after you have. been forced to rn-ove ,out due to the forcible condemdation, the city of Carlsbad \Vill make the corrections for you and be fully ·entitled to sell your property offfor pennies on the dollar to compens.c1.te the city for their costs. 5J The prospective loan officer who also identified himself as a ~'property development specialist" and his attorney George Morgan II, then offered to assist to elderly homeowner and her daughter to "'-'solve this problem" that themselves created when they requested the inspections through implementation .of 1 upgrades to timely compiy with City of Carlsbad requirements by kindly providing fonds out of their own pockets, through private relationships with their own "special co11tractors'' who would immediately acquiw permits and start work while the a4~year:-qJd property owner coukl be ql:.Ulllfied fot a Home, Equity Lean to reimburse these partks for the substantial costs involved in fhe required upgrades. 6) T4e primary reason that George Morgan II and City of Carlsbad were not initially named as a defendants in the ongoing liti,ga,tion related to these i:ssuoo is that the property owners did understand until fairly recently that the above named parties adv.ally r~gue.stoo inspections on the,subJect pr.operty fot the·wrongful purpose of leverage of the subjectpropertyby forcingandinrit:nidating the eld¢tly property OW.Iler into committing to an unfavorable sub-prime BELOC. 7) The property OVIZD.en; oid not suspect this until much later subsequent to Catherine Bryan"s informal interview of Ci:t:y of Carlsbad chief inspector· John Kelly who looked mto the subJect propercy records and privately shed light on the fact that the lender and hls associate George Morgim n actually req:ufWted the 2005 insp:edions that res:ulted in ·the violations, by misrepresenting that they w~r~ in the process of acquiring or purchasing the subject property. · · 8) As previously provided in our verified;doc:mments, on February 2,2010, homeowners; Catherine Bryan and Betty Bryan were awarded possession of the subject property in a California Superior Court special jury verdict. 9) · Subsequently illegal harassment of lawful tesidents Catherfu.e Bryan and Betty ·Bryan bas i:tte,lud¢d a burglary, two arson related fires and large posters placed on every door ,and. wincfow by Goldman's agents· at Excei l?roperties of Carlshad,.statlng this property is, BANK OWNED, and the residents are subject to arrest. 10) On May 3, 2013 Goldman Sachs provfded a settlement check for .ahno;st;$4,000 to compensate the homeowners for Litton Loan Service abusive and improper foreclosure but c;onspicuously failed to return the subj:ect property title as required by the Superior Court Jury, TILA and its pertaining regulation Z. · 11) For the above stated reasol).S the numerous Legal Consultants and Wrongful F oreclosute Advocates assistingwiththeon:going litigation of this case 1:,elieve that factors oftlre creditors fla,grantly abusive acts combined with the well demonstrated fact that the loan officer Us'ed tactics of stel;}rill.g intimidation and coercion to force the 84-yeat--old borrower to coilll)1it to a clearly predatory loan in which the loan proceeds were actually embezzled make this a perfect te-st ·case for the: borrower's rightto automatically cancel the ioan contract under TiLA and regulation Z, and as .such vow to do everything requited ta take the important TILA RESPA issues raised in this case: all the: W?Y the United States Supreme Court ifthehomeown~sdo not prevail at the pendi:t\g June 3~20,12 SJM heru;ing. A Formal Copy of this letter will concurrently be sent by USPS Mail; Thank you for yow· consideration, Catherine Bryan 277-3648 Catherine Bryan Executive Director Kokopelli Community Workshop 3745 Adams Street Carlsbad, Ca. ---On '.lfllJ!e, 512.1/13, Catherine ]]barra <sd~ymposiuni@yahoo.com> wrote~ From: Catherine Ibarra <sdsymposium@yanoo.com> Subject re CPD offlicer Simmons threatening 37 45 Adams Street with code inspection To: poJice@carlsbadca.gov 2 Date: Tuesday, May 21, 2013, 10:48 PM Also Sent To: cpdeenforce:rnent@carlsbadca.gov Date; Tuesday, May 21, 2013, l0:44 PM . . This communication is :sent regarding: CPD. in~ident# · · · · ·· 34228,and out pending dviLlawsuit 3:lO~CV .... 01605;. CAB-KSC agarmst Goldman Saehs aka'MTGLQ I nvestoi·s LJ?. ••••• .. ••• .. ,o,; u•••••••-"'•• .•••••• .. •O•OHu••••••••••••••••• .... •u••• .. ••••••••••• ·ou,-.-,.,,· ••••••••H••••••• .. -• .. ·•-.. Lon~o•••~ .. •••••••u••¥••-....••uo...,• .. ••,...• .. ,...• .. ••· ,..,-.,,.-,, ......... '"''~'•• · _..•.,••••n•••,•• .. •••••••••• ; ,·.,,,,~ .. •••.ocu .. •.•••••n,o,,o,,,,,,.,,,. • ·· ..... u••o••• .. ..-. ........ _, ... ,,,,.,-.· ·.A•••••••, L-o~uo,,,. ........ ,,·,Hoou• Before you threaten us with· new cQde iBspettions l strongly sugg:est that yoo print out the :attacbnlent I :have provided here, ~nd review and c.onfi':rm th~ :facts below: 1) 9,u:r property has been family owned since 1950. My father: (Clarence Bryan) build the adobe house ove:.r a ten year period 2) My mother and I own the property m jomt tenancy. 3) Please feel f:r~e confirm the following fads with .John Kdly, (head ef the City -0f Carlsbad insp.ectio:n department. 4) ln. 2005, elderly property owner ( 84-year.,.old ) Betty Bryan, my mot.ber, was fotimid:ated, steered and coerced into accepting a predatory loan. solicited l:t party who falsely repres~nted. to the-city of Carlsbad bu.ildingdepartm~.n.tthat th.e m 2005, out property at 3745 Adams Stree~ was subject to involuntary 5) Said inspections resulted in very ·expensive mandatory corrections, that were iirtemionally used to force the p-ropetfy owner (Betty Biry:an) info accepting an unfavorable loallll fu rei:mltm.r:se the foam officers contractors. 6) Head of code oJffice (John Kelly) lateF assisted us with ouir discovery of these fac:ts which were in.eluded in a c:rim:iimal comp]amt :filed wi1tlbt the SaJll Diego District Attorney Real Estate Fraud U.mt (D.A. Anfb.-0ny Sampson will verify tlbiese facts. this fact by inspecting the records. 7) These same parties leveraged! other north OOlllllty nuope:rty using identical techniques of "mandatory:" codle ins_pedioll:ls. In . . our case the]oan office:r kept all! the loallll proceeds ($649,000) ( suppos'edly used fo:r the mandatory upgrades needed to coirred the mandlatoiry code violatiol!lls} m1Hll.s'D.llbS.eqnen1l'y the lbal1lk foreclose~. 8) In .spite of the jury ve:rdict :rem.ming ownership to us, Goldman aka M'fGLQ Investors LP~, failed to riec.omrvey '.title so 3 tb.eref Qire we sued them for $20,000,000 and tbe case is still p~~(l!in.g wi:th a uptom:ing trial date of June 2, 2:013. 9) I -strongly suspect officer: Simmons threat of new inv.oJ:onta:ry code inspection on 5/2J.ll013 relates' somehow to our bearing date as Goldman's employees/associates 'at excel properties l!tav:11} use every possible method to harass us into abandoning our home property; mcln~ing intimidating and tbreateming KCW volunteers WQ:t:king on. tke p:ro-perty . 10) Further harassment through new inspections wm :result m the City of Carlsbad being: added as an additional defen(fant in our on.go.mg fice year· 9old litigation., safnce it was dearly City of Carlsbad pr-adice o.Unvofontary inspections th~t ere.med these difficult and challenging legal matters. I would have no difficulty adding the City of Carlsbad and tne Code departm:eut as defendants in civil lawsuit 3:10-CV,..01605,.CAB-.K'SC · ify-0~ proceed with c:ode inspections as offi.ce.:r Simmons .indicited yesterday. If you lnave fw:-tlller questions I can b~ r¢ach¢d ~t 760-271- 3648. Catherine Bryan Executive Dir~ctor Koko,peHi Comm.unity Workshop 3745 Adams Street Carlsbad , Ca. 4 J.l .. -... , :; _.:·~ .:,l..,. t~ SUMMONS · ... (CJTA T/ON JJJOICIAJ,.J . . . !JNl.AWFOL OE-TJ\INE!t,-EV!$IION . (REET!!NCfON fLICrtA OE tJN /N,M[JEBLE,-BES'ALojo) NOTICE re Qi:'FfNtlAITT: IA VISO.AL P~fiMNDADOJ; B'eT'IY $RYAN, CATHERINE BRYAN, anii OOES 1-5 YOU Aiji; S'EING SUED BY Pi.AINTIFFi (Lq ~St.4: QEM,A.ii/DAtJlJO EL DEMANDANTE): MTGLGI l!l\lESTORS lP lb!!'Cllllrt Is; 1''i:ll"f4BB); . RT OF QALIFO~NIA, COUNTY Of" SAN. Dilillo 325 SO !JSE DftlVE Vla'f.A,, t , .NORTH COQNTV DMSION tlMJTEQ CIVIL. CASE 2. 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Pasan~ d.0 on b~ltajf!lf (~); . . un<fim O GCi> 4'!!!r1P IClliJ:!OJB!ioo} 0 crCP 4llt6? fm.1/1011 lJ CCP (1!J.ll0. (di!fwil i;qipRrall01t) 0 CCI' 41ll,7,ll \t;9!l5eMll~J 0 tCP ftB..40 {~on lll' partnerahlpt 0o -c.cP· iJ:fG.!19 tmnrmrt,.mt paraon) · 0 COP 4113.46 (Qa;\llll!Jlf "\ , {\ ~ ~-· offuif (~}: , B. bY-'!,OO!QJl~dllilwi)'-on {~laJ; ~~ ,._ Jot~ fixhibit 9, Paga 364 July 15, 20i3 Setil Via Ce:rtifletf Afail Attorney Ronald R. Ball Office of th~ City Attorney of Carlsbad 1200 Carlsbad Village Driv~ 92008 Re: Code Violation Notice dated July 11, 2013 Property Owaers: Cathedne B1:yan, lktty Bry,a.n Y 011r Fik No;:,CV1.J0323 Dear Mr. Ball: On Friday July 12~ 2013, fl. letter from fhe City of Carlsbad ad-dressed to solely to me., Catherine Bryan, at 3745 Adams Street Carlsbad QiJifo;mia. ( see 'l'i\nclose:d exhibit I) Said letter indie:ates it is a FINAL NOTICE fh):ti1 the City -of Cailsbad. To. be perfectly clear the one and onlycommunicatio:ti (emibit I} from the city of Carlsbad r~20:ding the alleged "'Code Violation.$'' I seek to address :and ;resolve with this letter w.as delivered to me at the Adams Street Property by USPS :mail on Fi'iday J:u1y 12, 2013, aii.d as such constiture:s the one-and only written communication from the City of Caris had regarding the alleged "new co-dy vioiation issues." Consequently the primary purpose of this letter is to require that the CHy of Carlsbad provide. an instant retraction of the alleged "Final Notice" ofNew Code Violation Adams Stre-et property delivered on July 12, 2-013, to al1owt1ie long-time owrtet in tesiden.ce (Catherine Bryan) a foll legal op:p01i:utiity to properly address arrdresolve the alle,gednew·code violation iss1tes. This letter and its enclosed e-xhlbits are being provided in h.o:pes of achieving a non- judicial resolution ofspecifio troubling issues concetning property o.wner-SMs, Catl:i.erine Bryaii and Ms. Betty Brymi cui-rent a;nd p1-ior dealings with City of Cads bad code enforcement officer Scott Rudi11ger, as well as to the proper legal usage of the acre of propeny located at 3745 Adams Sn:eet,. Carlsbad CaHfomia. I specifically obj.e.ct'to ooth the receri.t and prior code violations issued agai11st the property located at 3745 Adams Street Carlsbad California because it can be demoi1StJ.·~ted in each instance tJiat the arbittary code violations: resulted directly from coi-npfaints made by pq:rties .seeking to illegally leverage ownership of the Adan1;5 street :ptoperty, Ifyou have any :que:s:tions or concerns regarding the deeply troubling issues I presel'1t belovv., I kindly request that you advise rne imm.e<liately by telepholle at 760-277-3.846. Oµr sailboats are dearly personal rec,,Teational "'vehicles'" which have beeµ properly stored on the Adams street property (whenever they are not in use in the water) in their cuuent lo.cation for well over twenty-Jive ye.ars as of 2013. As far as our fat111. equipment goes please be aware that Our acre -of Adams Street prope1iy at issue was originally homesteaded by the property owners when we acquired om JJroperty hack in m [27-3204 1 of? July 15, 2013 Le1tet to City Attorney Ronald R. Ball 1952, and therefore the original a,gricultmal zoning was ''grandfathered 111'' ru;ld our agricultural 1JSag~ of the A4lan1s Street property has continued .every year sin:c:,e 195'.l.-. Therefore the city's d~1nand to remove our essential fa1111 equipment that is :necessary to operate the Kokopelli Community Workshop agricultural project fa inap.ptQp.riate to our continued ag1icultural usage of the Adams. Street ·property. (A projeet implemented .in non-profit pmt11:ership wifhAg-Pals and :Sm1 Diego Urban Homestead~rs./:l valuable lot-a.1 community service-projeot: promoting healthy foods, sustainability., and local gardening. (See ex:hibit III) · · · SUMMARY OF ISSUES (1) At 9:30 am on July 10; 2013 I personally in,tetaeted ·with Co.de Officer Scott Rudinger as he was :engaged in tai<lng pietures of our Kokopelli tractor and my persona] sailboats located 011 the acre of ptopettylocated at 3745 Adatns Street. (2) Code Officer Scott Ru.dinge;r fafortned 111~ that there had been "new complaints"" concerning my tractor and rny sailboats and then stated that his-prior hvo (M.ay 2013) den1and;; to remove my sail boats and the tractor had liee,n ign,ored. (3) I offkiJ:illy object to and am v:ery: deeply tr.dublerl oy the fact that the alleged ''Final Notice" of July 11, 2013 is my one and only c.on11ntuuca,.tfo11 from the City of Carlsbad regarding the above described new «co,de vio1atiomf'' and also obj'ect to s:everal other aspects of Mr. Rudingl!}r's current and prior dealings v.,itl.T11.1:y 90 year-old critically ill mother {Betty Bryan) and myself cutrently and back in 2005. The p1fot· dealings I refer ta include the include prior code violations issued 20.05 and the ongoing relationship between code officer Scott Rudinger and MTGLQ Investors L.P. so obviously contrived to facilitate increased economic harassment of us as the rightful property o'Vvners by defendant MTGLQ Investors .L.P, :; primary defendant in 011r ongoing quiet title litigation entitled federal court case.#: 3:10-CV-016O5-CAB-KSC. {4) In ou:r p~tsonal interaction of July 10, 2013 I pi-ote:sted to Enforcement Officer Scott Rudinget that this tvas ·the first time I had. heard ne,vs of any issues of ''ne,~- code· violations" having received no prim: letters from the City of Cadsbad concernfognew eode violation issues. (5) 1 then immediately insisted on the privilege of reviewing the alleged prior com:munication from the City of Catlsbad, and Mr. Rud:inger complied by proceedin,g to bis vehicle emerging with a folder contau1ing the alleged '''Prior Notices" which my examinatio11 showed for unknm:vn reasons were inappropriately mailed di.recily to our defendaTit in opposition~ MTGLQ Investots L.P ., who I can therefote 1~eas0nably as:sµme in all likelihood is the same pruty who contrived to make the alleged new complaint, as patt of theif :freqi:1ent dilatory litigation strategy to fotce me to abandon my home. ('6) A quick review of pages 4 and 5 of the herein enclosed (exhibit II) the required Early Initial. Disclosures filed v-Ath the Federal Dist1'ict Court 011 'October 12~ 2012, will provide a quick and concise overview of the nature of tiw ptoperty ovn.1ers prior dealings with code officer .Scott Rudinger and his relationship with the lender. (7) Please be aware that the wTongful acts alleged in our civil complaint also rest'llted in a related concurrent criminal complaint being filed with the San Diego DA_ 107-3201 2 of7 July 15, 2013 Letter to City Attorney Ronald R Ball a11d the FBI, and it is our understanding that Mr. Rc:1dinger's: and his associates illegal racketeering; practictsS arn still under investigation (consistiug of ~everal r~lated uas:es oecmTing between the years of 2005-2007) ·of fadlitation of predat01y lending .agenda by co-cteation -of mandato:ry inspecti.ons and resulting expensive code violations and that evidence related to these investigations have created a potential for a future Grand Jmy Investigati.on. (8) Considering that fact that the newly generated "pdor notice$'' were intentionally kept ,5eetet from the property ovroers., and instead mailed :directlf to our defendant, MTGLQ Investors L.P., i:t is quite reasonable to assmne that Mr. Rudinger is once again acting in private collusion with the lendei"~ defendant MTGLQ Investors L.P.; fot the putpose of harassing an.d economically inconveniencing the elderly property o-ivners during the cowse of the:ir litigation .. ( owners Cathetine BtY!:!ll and Betty Btyan -ate 63 and 90 ye::ars old .re(ip~ctively.) (9) A teview o;f City df Carlsbad records vvou1d show prior att~1npts to fotoe the property owners to abandon theit property by defendant MTGLQ Investd:1'8 L.P . ., indride an "accidental :fire1' set to a lru:ge RV illegally parked. i.J.1 front ofthe palm trees rn froi1t of fhe Adams Street property; intentionally igniting; the large ttees lo:cated Just in front of our home by an mil.qiovv11-party who -entirely failed to call the fire department, Luckily-a neighbor intervened micl oontacted the City of Carlsbad Fire Deparbnent who put out the fire before :it could spread to ignite the roof of our home (Mother and I. were out of tow11. at the time of the fire, staying temp:ot~riJy in Seattle Washington where my mother; property ffW11et Betty Bryan, was receiving specialized cancer care treatment at the Fred Hutcl1inson Cancer Treatrnent Centet)When we returned home we discovered that the burned out RV had actually been towed onto our Adams street property by City of Carlsbad Personnel! City ,of Carlsbad concmtently sent us a bill for repairs to fir damage to the electric-lines. The burned out RV reruained on the our propmty fqt five-long months as we discovered when we atte11:ipted to have it towed m71ray that we were legally unable. to have the hurh'.ed up. RV towed r:idt being the legal ownernofthe-RV (10) A re,ti.ew of related City of Carlsbad records will demonstrate that the burned out RV reslilted in the last round of''official code violations" deman<liti,g; that we not only remove the burr~ed out RV but also remove our sailboats, and th~ records would further show that we objected to the d.emai1d to remove our sailboats and. these issues vrere all resolved in our favot. (11) I believe that a careful review City of Carlsbad rewrds of all the .several instances of code violations issued py the City of Carlsbad against tbe Adams Street Propexty v.-ould reveal that i.11 each ai1d every instance the irritial ''complaint'' was actµ_ally generated by a party "vho 11ad determined they could pay Scott Rudinger td create Code Violations for the purpose of facilitating illegal leverag¢ of our home and its.stnrounding acre of property. (12) It is further our concern that the City of Cadsbad practice of issuanc~ of 107-3201 maud4tory code violations at :Mr, Rndinge1~' s discretion; while keeping the identity of the complaining party secret has opened the door to official cortuption and illegal levernge of p1ivate ptopetty by predatory lenders. 3 of7 July 15, 2013 Letter to City Attorney Ronald R. Ball ( 13) For aI1 the above stated reasons we: are-now fotced to rontemp'late addi11g a Third-Party Complafr1t fmthercomplkati1tg_ our c:unent ongoing litigation; the:rein naming tl1e City of Carlsbad and .Scott Ri::idinger as new defendants. ( 14) Our ,consulting attorneys have informed us that these new and prior v>1ro11gfol a:cts by Code Enforcement Officer Scott Rudinger pm.bably violate seve-ral State of California CodeS regulating hov;; government offid.als are allowed to conduct their official business with private parties as well as opening concerns of his racketeering relatiomrhips \,rith our alleged credito1;s. If you -vvish to discuss any of these issues persQ1mlly with me I invite you to advise me and would be glad to schedule a meeting accordingly. In the meantime, please be aware that the title Adains Street prope1ty has been in litigation since 2007 -and during the past several years-defendant MTGLQ has quite a history of use of UITSl;l:VQry t--actics to hara::ss the ovmers to force thetn into aband,onfog tlleit home of :60 y~ars. We hop:e we will not be forced to add the City of Carlsbad as; -the latestdefo1:idants to our legal action .and seek to work with you to avoid that urrlbrtunate coi1sequence, To avoid com,-plioating the curtenf complex litigation any further an I ask at this time is that you oft1erally retract City of Carlsbad's purported "'final Notice." (exhibit I} · · Otl:ie1wise :it shmtld go without saying that The City of Carls bad shall be held responsible for an:y and all economic itteonvenie110e suffered by the pn,:perty owners as a result failure to retract the offending Noiice at issue, including any related le;gal costs if we are foroed by circumstances to retain an attorney to a:ssrst us to resolve our code violation issue-s. Inasmuch, as time is of the ess~nce, please consider resolving these issues by providing the required retraqti01;r ·document by overnight 1nai1 addressed to me at my home at 3745 Adams Street Carlsbad California. Vety Truly Y olirs, cc: Sa11Diego Urban Homesteaders, MTGLQ Investors L.P. Enclosures: exhibits I,ll, III as indicated. 107°3201 4 of7 July 15, 2013 Le1tet to City Attorney Ronald R. Ball EXHIBIT I J07-320l 5 of7 July22, 2013 Served Via Courier Attorney Celia Brewer Office of the City Attorney of Carlsbad 1200 Carlsbad Village Drive 92:008, Re: Your Letter of July 17, 2:013 Dear Attorney .Brewer I h.we taken r¢ceipt of your letter dated July 17, 2013. Please correct me if I misinteq>ret thecontentofyourletter. Myovera1l impression from your letter is that City of Carlsbad officially elects tu ratify Scott Rudinger's ille:gal &'ctivities in relation to the senior homeowners-p:riv:ate ptop!:nty loczi.,ted l'lt 3745 Adams Street, in CaaJshad rather than conecting or sanctioning Code Officer Ruclinger' s prior and present extomon and illegal conspiracy with our defendants in opposition in Civil Case'N'o; 3:10-CV-01605- CAB-KSC. Please be advised that as Plaintiff pro. se m C;vil Case No: 3: 10-CV-01605-CAB- KSC, I officially object to your absurd contention that it is standard practice and procedure for City of Catl$bad to research County of San Diego titforeoords bef.6re issuing and mailing. citations for impropetly parked vessels or vehi~l~s. I aJso must respectfully poiRt out that :rny sailboats are clearly personal recreational ''vehlcles'' which have been properly stored on the Adam$ street property side-yard not front yard (whenever they are not in use m the water) in their current location for well ovettwenty-five years as of 2013. without objection, Correct me if I misinterpret City of Carlsbad's official Jack of concern or disinclination to investigate or sanction Code Officer Rudinger;s prior and present extortion and ille-gal conspiracy with our prior and cuffent defendants in Civil Case No: 3:10-CV-01605-CAB-KSC. My position must he that your letter ofiicially refuses to provide me, Plaintiff Catherine Bryan, with any possible other legal rec.ours.e than to take appropriate legal action ag_ainst the City of Carlsbad. Cons.equently please t~e receipt of thi$ cnurtesy copy of PLAINTIFF'S PROPOSED SUPP1£MENtAL COMPLAINT and related pending MOTlON TO ADD CITY OF CARLSBAD AND SCOTT RUDINGER AS THE LATEST DEFENDANTS TO CIVIL CASE NO: 3:10-CV-01605'-CAB-KSC. As soon as a hearing date has been set for my motion, Twill appropriately notify your City Clerk. 127-3204 1 of7 July 22. 2013 Letter _to City Attorney Celia Brewer Please be advi:sed that this fotter and attached enclosures constitutes yom· OFFlCIAL · NOTICE. that Plaintiff Ct:ith_erine Bryan intends to -and will file a Federal Tort acti011 a,gainst the City of -Carlsbad for its wrongful ·and inappro:ptfate viola:tions of U.LY private: property rights. Further be advised that whether or not my Motion is Granted a Federal ·Complaint against. the Crt_y will be filed forthwith. Any denial \vould on1y result in .a separ-ate and independent federal action being filecl · pursum1t to the prior qnd ongoing Torts, damaging my property committed by the party who has failed to reconvey title to the ;subject property subsequent to a, North County Jury Verdict and related judgment awarding possession to the family who has mai:o:tain~d ownership possession for more-than sixty years; e.g, MTGLQ Investors L.P, in oivil conspiracy-with City of .Cadsbad and their agent and emplbyee Soott Rudinger . Enclosures as indicated 107-3201 2 of 4 CRIMINAL COMPLAINT AGAIN;ST CITY OF CARLBAD. EMPLO\':EESANDAGENTS INCLUDING; CITY OF CARLSBAD CODE ENFORCEMENT OFFICE'R SCOTT RUOlNGER,. THE POLICE OFFICERS CONDUCTING A MAgCH 3, Z014 INVESTIGATION INTO AN ALLEGED DISTURBANCE AT3745 ADAMS STREE'T IN -CARLSBAD CA. IDEN1Tl:F1ED AS OFFICERS; COLLIER, BROWN, GAVALA & VEVELBSCO My ructnds Cathetine Bryan, I a.1:n 64 years of~ and have .re1ua.ineq inh,vfulpossession and :resided at my-h:pme located on the a.ere of land Iocru:ed ,at 3745 Acl.~m1? Steee-t in Carfabad Califo1-nia almost contlnu,dly .since my pa-rents purch~se.d dru: Carlsbad p.topeity bi:ck fu 1952. . . On March 3 2Q14, unknown City of Carlsbad police offl.c-ers liter identified by your buimess office as Officers; Collier, B:r:m.vn, Gava1a & Vevelesco tna,de co,ntact·\-\ij:fh my .Zj-yeat-0-ld S011 Duncan P~Plkner by knocking :at the fiunt door ,of my fa.truly home theteaftet st~ting they wei--e iiwestigatio,g a 1«epo:tt of a woman yelling ''NO!" either at or our near our family hou.-ie. Two of the-offi;eers initia~g the_ contact requited ,my soil to, take a sea.t -an the ;sw.iag heated in front of du:t family :i:esidence whlle the remailjng oftl'~efs euteted out home .tnd li1spec;red ot1:1: acre of sur.romi-ding property pui-pt)t:te41'.¥.' to ascettaiµ jf a w-or,nm was at risk. My son reports that an older. officer 1-v-ith gr~y hair stood oy and obstUwd while a younger officer about 5; SI'' wJth dal'k hair co.11ducted11is lengthy iutertogatlon. The interrogating officgr's c.om111e11 t to-my s-on that; ccThe City .of Carlsbad has been trying to tak~ this pfac-e down fo.r ye.'l.rs:; .. Atcut-atcly sums up and reflects the unjustified, aggressive and im"a.-siv.:e nature of the in,tenogation o.f 23-yeat-old Dunc®. Faulkner as conducted on March 3; 2014. For the .mo-st part the statements i--nade to my sou were by natute slanderous,,:irtfla:tninatory~d entirely inapprop1fate to the purpose of 111vestigatiop. o.f a neighbors complRirit th.aat; "fA woman was heard yelling tb.ewo:td NO 'lery 1-ou-d:Iy anq then eve1-ything went sttm:tgely silent." Iain deeply u.-:oubled by the libelous 11-a.ture of the many objectionable rernatks ni.ad-e to 111.y son by the of.fleer who conducted his Match:. 3, 2014 .in:terrogaci.on. Please consider that not oruy was the officers'; stated purpose of, ''ascertaining if a woman at the family residence was in danger or at risk;.'' .to: any \.vay se1-ved by th~ numerous infla1nm.,lto1.y cotntn.ents, 1:nade by the ofrice.r conducting the in,t~ro~tio11 but said remarks can only be cohsti"ued as defamatory atid k1tentionwy 1m1de for the purpose of da:111.aging my family's cruira.cter and .re_puta~-011. Plea$e be aware that the I.ititure of this· complaint go,e~ f.a.r hey011d the s.¢0-pe of my allegations of0f.icerll4isconduct by merdyma.Jdng specific q-uestiotiable and · intJppropriate remarks, This complaint asks internal affairs to catefully consider that :in light of the histo1y and background of my on.going cow;t c:ase agains:t the mafia lenders who used tactks of steering, coercion and financial terrocisrn in 2005 to force my then 84-yeat-old :tnoth:er (Betty B1yari) in.to assuming a predatory and unsusrn:inab1~ mortgage lo:an through inappropriate use of unfair City of Carlsbad Code violations. And investigate as to whether the true puJ:Pose and :inte11t of the tei11¥1Iks; made by· the officer do not accurately reflect and portray the rui.tute of the ongoing conspiracy between City of Carlsbad Code Officer Scott Rudinge:t, the City of Carlsbad officer who conducted the March 3, 2014 interro:garion of iny son to aid an.d abet CRIMINAL COMPLAINT AGAINST CITY OF CARLBAD EMPLOYEES AND AGENTS INCLUDING; CITY OF CARi.S:BAD CODE ENFORCEMENT OFFICER SCOTT RDDINGER,, THE "POLICE OFFICERS CONDUCTING AMARCH 3, 2()14- INVES11GATION INTO AN ALLEGED DISTUR.BANCEAI' 3745 ADAMS STREET IN CARLSBAD CA. IDENTIFIEDAS OFFICERS; COLLIER, BROWN, GAV.ALA & VEVELESCO in the criminal pmposes of the entities who conti.n.ue to seek to t.-ike unlawful and hostile poss:ession of :myvafua.bie acte of City of Carlsbad teal estate. SUPPORTING HISTORY In 2005 I was advf'sed by out then att.omey 1tichard L .. Boyer that .on the basis .0[ certain suspect documents r?CQ:td~ by :mafia money lender-Har,:y Bed:s agent; notary public Car0lyn Catroll ab\ Carolyn Bla.ke that h:e .believed my tp;Dthet (Betty Btya:n;)atid I to v'ictl1J.1,s of a fhuidulent real est-are leverage ·scbe1n:e 011 the part of "'attorney" &ea:tg1;: Morgan n., Carolyn Blake .ak:a Carolyn Carroll, Anthony Cha.v:ez, De:tnarco Fletcher, and City of Carlsbad Code Officer -ScQtf Rudiilger wh.o were aU. 1denfified as ha.v.ing participated in sitnila:i:: an;d related elder ft~u:d real estµ,.te s:wit'.l:dles. · · 'Sometime. mid -March of 2005, my mother an<l I took re~dpt of-an, official letter infottcing us to contact C1ty of Carlsbad to schwule maudatoq building inspections. The inspections were partly ,conducted by C0de Officer Stott Rudinger and resulted in a 2nd letter. {3~page letter) indic}l:tin,g .that City of Carlsbad building_ depa:rttnent required -that our .SD year-old home must renonted as tr). plumbing, .roofing w$ng, an~ als6 001111.ected to the City Septic system to hrotJ.ght into co1nplfat1ce with City of Carlsbad Cpdes,. At a second visit City of Gru:lshad Code Officer Scott Rud:lD.g-er introduced u.s to_ an attotn.ey who .identified himself as George Morgan IT. Mr,.. G.c:.01:ge Morgan offoted us his .services to assist us to .secl..l'.C.e an extension of time to co.ttect the violations while bis assrn:::fa.tes; Carolyn Biake ak~ G.:r0lyn Cai--roll, Anthony Ch,-wez and Demarco Fletcher brought their -own ,contra:ctors m to.-upgrade out ho:tn.e to .co:o.ipliance with Clty of Carlsbad Cdd.e t.equitements, but only if we .agre.ed to apply for a fow cost home improvement loan, and were willing to there.by co.llateralize our Carlsbad prop:etty. Otherwise our property woulcl be stand co11demn:ed by the city ,and we would soon b~ forced to leave our home of fifty years. Our lartd was putchased outcight in 1952, and fa.nilly owned, free and dear of ,ill mortgages until the 2005 s,vitidle Pr~datory lending experts have now suggested that our 1011,gtime rejection of w offers to buy our ptope.ti:y resulted in this illicit scheme contrived by those who wished fu acquire and develop our propetty. Terrified by prospects of forced condemnation by the City ofCarlsbad, we s~grred all the required cornrnitrnent doGUmen:ts and udtaty Carolyn Carroll in.formed us that because the office had just officially closed at 5-pm that copies of the closing loan documents would have to be sent to :us later by malL No copies, of thekJa.n documents were ever provided . although we tep1.;atedly requested our copies of the documents by telephone. W'e f:tr.lally became: alarmed when the loan -officers had entirely failed to .return our calls and 1t1ortg0ge l)ay'1Tient coupon$ a.ttiv.ed from Counti-y-Wide :i'vfortgage Se.nrfo.ing indicating that monthly l?'ayments of almpst $5,0QO/ month, (vastly out of ow· ability to p:ay) au·cl yet none of the promised loan funds ever materialized. We then urgently consultect .a predatory lending specialist attorney; Richard Boyer Esq. at 4520 Vista de la Patria, Del Mar, CA 92014. p -----1 2 CRIMINAL COMPLAINT AGAINST CITY OF CARLBAD EMPLOYEES AND AGENTS lNCLUDING; CITY 011 CARLSBAD CODE ENFORCEMENT OFFICER SCOTT RUDlNGER, THE 'POLICE OFFICERS CONDUCTING A MARCH 3, 2014 INVESTIGATION INTO AN ALLEGED DISTURBANCE AT 3745 ADAMS STREET IN CARLSBAD CA. IUEN'TIFlED AS OFFICERS; COLLIER, BROWN, GAVALA ·~ VEVELESCO At Attorney Boyer's. suggestion we contacted the Escrow Servicea, located ,at 1035b Heritage Park Drive, 'Suite 202, Santa Fe Springs,: CA. 90670 officially :tequestbJ:g all escrow docurnents· md -verbally :mquh-:ing why no fund~ arrived ,a:lth0:ugh e:scww wad appa:reatl:y dosed. I personallJ ~poke directly to M~gy Ramirez (escrow of:fic<&) by telephone ~t (562) 903-39 3-9_ J'.vfaggr Ramirez (esci:m,v officer) said she: wocld investigate the te.co1-ds and linally r.epo1-ted back to me thatfoy escrow files had go:ne 1:niss:ing and she ha:d tried to !ocate the:tn hut for. seme unlmown ,reason they cmuld not be tensiev~d. At out next rneetlng with. Attorney R:icha.1;d Boyet he informed us that it appd,ted out fatnlly home at 3745 .Atla1ns Stteet was subject to an :ifilcit .scheme designed facilitate t;:iking hostile p.ossessi-9n of our home and property. Attorney Richard Boyet concluded his revi~w of our .situatk1n and indicat!:l'd that he detenn:in.ed that we has heen subject to a type 1~ estate: scam recently kno1,.vn to be cofutnonly perpetuated by prore,si;donal con artists who use conJ.b'.ietciil data bases to .access propetty and title records of seruo:1; 'Citizens contacting thos,e with high equity and vAluable real estate, At Attorney 'Richru:d. Boyer reco1nmendatlon we contacted the San Diego DistrictAttomey,in chat-ge of Real Estate Fraud (Anthony Sampson) and the FBI and filed an official .crii1111J,al complaints against the lenders. For further detail:s see the related FBI investigation «Ope:ta:tion Stolen Dream.") (http://www..h1lff1ngtonpost.com/2010/{16/J7 /operation-stole:a-dre.ams- d_n_615798.html) Attorney Richard Boyer laterp;tovided us :with a copies ofri:cords of other cases where the FBI indicted many of these same .J?Iayers for fili:t1,g false documents, pe11ury, fraud, forgery all to secure taking unlawful possession ·of 111a:ny eklets and seniors homes and real p:t:operty. I, C::atherine B1yan, have read the foi-egofug Statement of Faat:$: and know its contents.· All the. above mentioned matters stated are tru.e and based on my own personalkn,owledge< e1,cept those matters stated on inforrn-ation. and belief and as to those matters I believe the1rr to be ttue. I declare under pena:l:lf of pe-1:jm·y u;nder the hi.ws of the State of Galifb.rnia that all the foregoing statement are true and corre~t: · - D,Zl:14<3,. . . . . . . . . . . .. ······· ... ··.& ·~ ... I(}: CATHERINE BRYAN ~ 3745 .ADAl'v!S ST CARLSBAD CA. 9200& A copy of this complaint is being cohcurre.ntly mailed adclr.essed the A ttomey for the City of Carlsbad a 1635 Faraday A'Ve. Carlsbad Califori'.lfa 92008-. -----~----~----' ; J ._,, EXHIBIT 3 CAD/Ti Pagel of2 Detailed History for Police Incident #130034228 As of7/12/2017 09:49:26 Output for. CB6001 Priority:2 Type;602 -POSSlSLE Location:3745 ADAMS ST.CB LocCross:btwn MAGNOLIA AV and LARKSPUR LN Map:l106F65715C Created: 05/2.0/2013 11:22:16 DSP3 CB5197 · Entered: 05/20/2013 11:27:04 DSP3 CB5197 Dispatch: 05/20/2013 11:28:02 DSPS CB5350 Enroute: 05/20/2013 11:28:12 A135 C65365 Onscene: 05/20/2013 11:31:35 A096 CB5182 Closed: 05/20/2013 12: 13:34 A135 CB5365 ICUnit: PrimeUnit;13P Dispo:IO Type:60Z-POSSIBLE Agency;CBPD Group: POOi Beat:3 lID:34 0 Detail 11:22:16 CREATE CB5197/DSP3 PH Group:PDOl RD:34 TypeOesc:TRESPASS LocCross:btwn MAGNOUA AV and LARKSPUR LN Priority:2 Response:2PAT Agency:CBPD Map: 1106F65715C LocType:S 11:27:04 ENTRY 11:27:05 -PREMIS 11:27:07 NOMORE TypeDesc:TRESPASS-->POSSIBlE Comment: CHRONIC PROBLEM W/fRANSJENTS LIVING ON THE PROPERTY ••• RP IS UNSURE WHO OWNS THE PROPERTY OR If THE . UBJECTS HAVE PERMISSION TO BE THERE. .. RP STATES SUBJ HAVE SET UP SLEEPING AREAS IN BOATS IN THE FRONT LAWN •.. Comment:PPR 11:27:26 SELECT CBS350/DSP5 11:28:02 DISP 11:28:02 DISP 11:28:02 -PRIU 11:28:12 *ENRTE 11!28:16 *ENRTE 11:30:03 *RFT 11:31:35 *ONSCN 11:37:25 *ONSCN 11 :47:32 *CLEAR 11:47:41 *RFT 11:49:33 *RFT 11:55:29 *RFT 11:58:02 *PRMISE 11:58:29 *PRMISE 12:13:34 *CLEAR 13P Em ID:CBS365 OperNames:SIMMONS, PAXTON 12P EmpID:CBS182 OperNames:PRESTON, PATRICK CB5365/A:t.35 /i3P CB5182/AlJ96 12P 12P Comment:INQUIRY MVEH CB5365/A135 13P CB5182/A096 12P CB5365/A135 13P Comrnent:INQUIRY MVEH 13P Cornment:INQUIRY MQW '~YMQW ~tr 13P Location:3745 ADAMS ST,CB 13P location:3745 ADAMS ST,CB http:h'sccadwebOl v/B790LiveCAD/Html/SystemDocs/CADinterface.aspx? _ CMD==IHQ&... 7/12/2017 CAD/Ti Page 2 of2 13P Dispo:IO Comment:HOME OWNER NOT 97. ADVISED SEVERAL INDIVIDUALS ON THE PROPERTY THAT THEY MAY HAVE A VISIT FROM CODE ENf:ORCEMENT. I THEN ADVlSED CODE ENFORCEMENT VIA VOICEMAIL, LEAVING THE ORIGINAL RP'S CONTACT INFO WITH THEM. 12: 13:34 -CLEAR l 12:13:34 *CLOSE CONTACT INFO: Alt_Phone GateCode htto://sccadweb0lv/B790LiveCADIHtml/SystemDocs/CADinterface.aspx?_CMD,::,;IHQ&... 7/12/2017 EXHIBIT 4 City of Carlsbad _ __., -.-1635 Faraday Av Carlsbad, CA 92008 12-29-2005 Miscellaneous Permit Permit No: CB053131 Building Inspection Request Line (760) 602-2725 Job Address: Permit Type: Parcef No: Valuation: 3745 ADAMS ST CBAD MISC 2052701300 $1,260.00 Subtype: REROOF Status: Lot#: 0 Applied: Entered By: Reference #: Plan Approved: Project Title: BRYAN RES-RE-ROOF 2000 SF COMP Applicant: BRYAN BETTY 3745 ADAMS ST CARLSBAD CA 92008 Miscelaneous Fee #1 Miscelaneous Fee #2 Additional Fees TOTAL PERMIT FEES Total Fees: $88.00 PERMIT FEE PERMIT FEE Owner: BRYAN BETTY 3745 ADAMS ST CARLSBAD CA 92008 Total Payments To Date: $88.00 Inspector:~ FINAL APPROVAL Date: 5'--h1"'c, 4 Issued: Inspect Area: Balance Due: Clearance: ISSUED 09/01/2005 RMA 09/01/2005 09/01/2005 BN $44.00 $44.00 $0.00 $88.00 $0.00 NOTICE: Please take NOTICE that approval of your project includes the "Imposition· of fees, dedications, reserva1ions, or other e~actlons hereafter collectively referred to as ·reesJexactions: You have 90 days from the date this permit was issued to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedures set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Cartsbao Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity changes, nor planning, zoning, grading or other similar application processing or service fees in connection with this project. NOR DOES IT APPLY to any i n f whi i iv n a N TIC i · · r wit' h th s u F Ii · · · PERMIT APPLICATION CITY OF CARLSBAD BUILDING DEPARTMENT 1635 Faraday Ave., Carlsbad, CA 92008 FOR OFFICE USE ONL V PLAN CHECK NO. (;/;DS.3JJ J EST. VAL. _________ _ Plan Ck. Deposit . 7/)JL Validated By --j ~~ Date q / f ioi:J 8usin11&1 Name lat this addrl!IS$} Unit No. Phaae No. Total I of uniu AUtlMor'a Parcel ti ~Isling UH PropoHd \,In TA-L =< 000 ~~~-::~- Name Addrass City State/Zip Telephone II Fax II ,11i~!m't,'.r~~~~t~Ui!i\\ihi.~ilmi~'-lllt-'Aw~ll(,.,::i:i1Y.:i~.\.1.;:,t'-"·.n'i··i,;th,~\-'·,?e;:,.;:f.~?:~_;_' ..•. ·~" ·,, Name Address City State/Zip Telephona I ~--~~l'~W.i;;f,,ii~::~i:!:;-::.\t'!-'1~f~:,, =),t :. ',:1·{-~-~;:i1.~;ifili'd't~lt~t;;\_.i;,]!\Jii:r,;~\;~~:l'~rt~~il;:wh~~-.\<?~.1fI.>:.,;;·,.,_:,;/, ,· ts,c. 7031.6 Businaaa and Protauions Code: Any City or County which requires a permit to construct, alter, irnprova, demoli•ll or rapair any atrueture, prior lO its issuanc,., also requires the applican1 for auch parmil to fil• a signed st11tament wt tu, i$ licensed pursuant 10 the provisions of the Com,-ac1or's License law (Chapter 9, commendill!J with Section 7000 of Division 3 of tho Business and Plofeasions CadeJ or that he is 11xe,mp1 therefrom, and tho basi1 tor the alleged exemption. Any violation of Section 7031.6 by any 11pplicant for a permit subjects th11 applicant to a civil panalty of not more than ti1111 hundred dollars (8500)1, Nama Addross City Stat9/2ip Telephone II Stata Ucanstl II _________ _ Licenso Claaa _________ _ City-Busineaa Li1:4nae II _______ _ Designer Name Address City State/Zip T11lepllone ,Stat11 Ucanu 11 _________ _ __,,..iiilitNWr1Mfl:ffllliitMllmtU~~~'1-~~~:~~;,,h::1t\~: .. ~~.z.:1,;f=.,~~~-~~-'(1 i~ -~~--·.·•;;;, ·. ,. ··· Workara' CompanutiOfl OaclaratiD11: I haraby affirm Ulldw penaltV of perjurv one of m. foUowinll daclaratloJlil: 0 I hava and will maintain a ceniflcate of consent to self-lnaure for worktt1' compBflllation •• p1ovided by Section 3700 ,;if the Labor Code, for ths parformancs of tha work tor which thi1 parmit l• iawed. 0 I hava and will maintain workwa' compenaation, u raqul,911 by S.alon 3700 111 Iha Labor Coda, for u,e partormanca of the work for which thia par111i1 ia ias1111d. My workar'a eompenaation inaurance car,iar 11nd policy numbar are: lrniu,am:e Company_____________________ Polley No .. _____________ &pication Date,__ ______ _ (THIS SECTION NEED NOT BE COMPUTED IF THE PERMIT IS FOR ONE HUNDRED DO!J.,ARS 1noo1 OR LESS) D CERTIFICA T£ OF EXEMPTION: I ~fy that in tha parform•nca of tti. work for whlch thia permit II iuued, I ah/ID not emplgy any pll>lllOn in any m11nn1r IO aa to bM:oma aubjact to th• Worker1' CompeflHtiQO Lawa of California. WARNING: Fallura io Nc:IIJII wo,bta' COfflt*INlion aove,age la unlawful, and ahall ~ • ~ 1U cdmlntd l*1lllftiaa Md clllll 11naa up ao ...,. hu,Jdred ihOusand dolW8 lt100.000I, In addltlaQ to the i.oat of~. damaan u prvwlded fo, Ill s.cllon 3701 gf tha !.llOOf code, intar.s1 and 11ttornay'a f•••· SIGNATURE_____________________________ DATE ________ _ I h<lraby affirm that I am •Mmpt frgm tha Contractor'a Uc&nn Law far the foUowlng reason: :ti;~~lfk~-'*\~11~~·,.,::';::-;..:?,!,'.,iff.''·, ,_, · ·. :·. I ~ I, u owMr at tha proporty or my amployau wlltl wagu • 'lhttlr •1;1ta comp-~cm. wiU do tM work and the suucn.ere i11 not intended or. offered tOI Hie .-fs\c. 7044, Bwilwa llllcl Prof1ulona Cocja: Tha Contractor'• LIC•naa Law dot1a not apply to an own• of p,opmv who build• o,r improves therlllln, and who doaa 111,1ch W<l'fk hlmHlf or WWQh hla €1Wn ~ov-, plovidad 1hat .ucn lrnpJCN.rn.nla N& not IM.nded or offered tot Hie. It, tiowwar, th" building 01 imp10\11tmtmt \a acid within ona yaar of compf,.tion. the ownar-buUder will hava the burden of provlng that he did not build QI Improve tor the, pUf'!Hlff of aale), D I, •• ownar of Iha Pfoparty, 11111 exc:luaivaly contr•~ with IICllnMCI i:onttlletllfll to consuuet the projact !See. 7044, SuainHs and Ptofalllons Cod": The Conuactor'a LlcenM Law dciu not apply to an ownar of property who bullda or imptov88 thereon, and contracm foe auch pcojliCtS with contrac10f{II) licensad pur11u11pt to lh• Contrac:tor'a Ucann Law}. · 0 I am aMmpll undtlr Sactlon ______ 6uaiM811 and Profualonll Coda for this ra111on: 1. I paraonally plan tQ pr11vid• lht m,,fOf lilbor and material• for conauucdon of th" propoa@d propany lmprovem11t1tft VIES · ONO 2. I e, havs notJ algned an 1ppllc1tlQ!J tw a building permit for tha propoud work. 3. I hav• oontractad _with llie following J)M3wi lfilml 1.0 pn:,vld8 tha proposed construction {iocludf!I nam111 / aclclrau / ph4l09 number / eontractor11 licann numbw): 4 I plan tCJ p,ovlda portl0(!9 of tha work, but I h11ve hirad tll9 following person to coordinate, 11uper¥i11e 11nd provide ill9 major work {include name f addreu / phone number I contractor11 licen11e numb.!irJ:. ___________________________________ ..;._ ____ .;;... _____ _ l wm provide aome of the wotk, but I have contracted lhlredl tha following p0t$ornl to provide th11 work indicated 1includ11 name / addrus / phoM numb1r / typ,1 work): . ' · ===HE ·.-.. ' ~J.i;lfi~~~.;,~1. Ii, Is th6 appl\cs.nt or future buildIDQ oc<:upant fequi,ed to submit a busir>eG,i p\1>11, acuiiily hazardous materials ragiimation farm or risk mlilna90ll11em l!f\d prevontion program und!lr Sections 25505, 25533 or 25534 of th@ Pl<11,lf•v-Tariner Hazardous Subat&ncttAccount Act? O YES O NO 1-•h.-•Y'l.nlil'lan.• nr f,,.,,,r ... ht1i1A:r .. , nf"'rl,na.nt fl'Am,lrMl'f 'tn nh1tAin nr. nar.rnit: frnm ttu:a air nnll11'tinn e:nnttol dintric:t or Rir au.al.itv ma.n11.nAmsnn district? n YES D NO City of Carlsbad Bldg Inspection Request For: 05/23/2006 Permit# CB053131 Title: BRYAN RES-RE-ROOF 2000 SF COMP Description: Type: MISC Sub Type: REROOF Job Address: Suite: Locatk;m: OWNER 37 45 ADAMS ST Lot BRYAN BETTY Owner: BRYAN BETTY Remarks: can you final? Total Time: CD Description 0 Act Comment Inspector Assignment: BN --- Phone: Inspector: ew --'---- Requested By: CHRISTINE Entered By: CW 19 Final Structural JJfJ------ -----·· -·----------- ----------------------- Comments/Notices/Hold Associated PCRs/CVs Original PC# Inspection History Date Description 12/30/2005 15 Roof/Reroof 09/19/2005 15 Roof/Reroof Act lnsp Comments AP PD AP BN LOWER FRONT/PERMIT FOR CARPORT? City of Carlsbad 1635 Faraday Av Carlsbad, CA 92008 09-28-2005 Electrical Permit Permit No: CB053423 Building Inspection Request Line (760) 602-2725 Job Address: Permit Type. Parcel No. 37 45 ADAMS ST CBAD ELEC 2052701300 Lot#: Status: 0 Applled: Entered By: Reference #: Plan Approved: Pro1ect Title· BRYAN RESIDENCE REWIRE UPSTAIRS AND N.E. BEDROOM Applicant: BRYAN BETTY 37 45 ADAMS ST CARLSBAD CA 92008 Electric Issue Fee Single Phase per AMP Three Phase per AMP Three Phase 480 Per AMP Remodel/Alteration per AMP Remodel Fee Temporary Service Fee Test Meter Fee Other Electrical Fees Additional Fees TOT AL PERMIT FEES 0 0 o 0 Owner:· BRYAN BETTY 3745 ADAMS ST CARLSBAD CA 92008 Issued. Inspect Area: ISSUED 09/28/2005 MOP 09/28/2005 09/28/2005 $10.00 $0.00 $0.00 $0.00 $0.00 $10 00 $0.00 $0 00 $0.00 $0.00 $20.00 Total Fees: $20.00 Total Payments To Date: $20.00 Balance Due: EXPIRED PERW :· T $0.00 PERMIT HAS 0tl'lRHJ !N A.CCORDANCE w· ··' ,. J:l.C. SECTION 106.4.4 A.6 AME!•JDED BY C.M.C.1b:.1.-'l.tl30 Inspector: DATE, SJ\-;t:3,\.eJoSIGNATURE ~ FINAL APPROVAL Date: ------Clearance: _____ _ NOTICE: Please take NOTICE that approval of your project includes the "lmpos1t1on" of fees, ded1cat1ons, reservations, or other exactions hereafter collectively , . referred to as "fees/exacbons • You have 90 days from the date this pem11t was issued to protest impos1bon of these fees/exactions If you protest them, you must follow the protest procedures set forth m Government Code Section 66020(a), and file the protest and any other reqwred mtormatlon wrth the City Manager for processing in accordance with Carlsbad Municipal Code Section 3 32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their impos11Jon PERMIT APPLICATION "I ........ ' ~ CITY OF CARLSBAD BUILDING DEPARTMENT 1635 Faraday Ave., Carlsbad, CA 92008 FOR OFFICE USE ONL V PLAN CHECK NO. (;b· ~--{"2,. ... _3,, EST. VAL __________ _ Plan Ck. Deposit ________ _ Validated By __________ _ Date _______________ _ Business Name (at this address) Subd1vis1on Name/Number Unit No. Phase No Total II of units Assessor's Parcel # Extsting Use Proposed Use Name Address City StetefZJp Telephone # Fax # ·3~~~Pfj£AJ:JT--:~Uc~AfF,act?f';;-:1fil:.e,"fili.11.'rtt.orcfo~rt.~tor:.1iffillQ~n1'~·-01·it:ifrit·tot~Qw,Da'~~.:. ·1! :: ~·:-~.r[~~if.--.:.~~~·~:·\:fi~:, .~~s~~ Name Address C11y 'R¥/1!$.Rf!OPERTT oi,yill~e"', ~~;·, :;-·,-t,::,~1,"'-f,~"f-·.!.' '• ~'11 ~-=--<-1~=· =----e,L.c.y..,-<.Lk--c>-~--"'-.:.,.P..p..µ!"->--""='--'~....i&-'"'liiei!:,-¥-,~~~'+-'-"""'-'---f-'P.3 (Sec. 7031.5 Business and Professions Code: Any Crty or County which reqmres a permit to construct, alter, Improve, demolish or repair any structure, pnor to fts Issuance, also requires the apphcant for such permit to file a signed statement that ha 1s licensed pursuant to the provisions of the Contractor's License Law [Chapter 9. commendmg with Section 7000 of Div1s1on 3 of the Business and Professions Code} or that ha 1s exempt therefrom, and the basis for the alleged exemption. Any v1olat1on of Section 7031.5 by any apphcant fore penmt subJects the appllcant to a c1v1I penalty of not more then five hundred dollars {$6001). Name Address City State/Zlp Telephone# State License# ________ _ license Class ________ _ City Business License# ______ _ Designer Name Address City State/Zip Telephone State License # ________ _ .sT-\~WJJR.i(ERS',cQ.MP,'°FNSA'pQNJJ;y .''i.. ~~ .. , ·_;n:,. ;~~,,~;;~~~'si.1:~·~.fi' ~;; ~ Workers' Compensat,on Declaration: I hereby affirm under penalty of per1ury one of the following dec\arattons: 0 I have and Wtll maintain a certificate of tonsent to self-msure for workers· compensation as provided bY:'Sact10n 3700 of the Labor Code, for the performance of the work for which this permit 1s issued. 0 I have and w,11 maintain workers' compensation, as required by Section 3700 of the Labor Code. for the performance of the work for which this permrt ls issued. My worker•s compensation insurance earner and policy number are: Insurance Company___________________ Polley No.___________ Expiration Date ______ _ (THIS SECTION NEED NOT BE COMP1.ETEO IF THE PERMIT IS FOR ONE HUNDRED DOLLARS [$100) OR LESS) 0 CERTIFICATE OF EXEMPTION: I certify that In the performance of the work for which this permit rs issued, I shall not employ any person in any manner so as to become subIect to the Workers' Compensation Laws of CallfomIe. WARNING. Failure to secure workers· compensatlon coverage la unlewful. and s.haR subject an employer to criminal penalties and civil fmes up to one hundred thousand doUers {$100,000), Jn addition to the cost of compensation. damages as provided for in Section 3706 of the Labor code, Interest and attorney"s fees. SIGNATURE______________________________ DATE_~-------- 1.[ 'f, :1ow~eJi;eu,1LQERfoEJ:.4R1>,T1o_tf~~'f.,lo/·~~. i:, l···:1!'-~ ., "l>'!r~.ib · . .; · ··1!1Je,5't'~'.~"';;,,;1:~<i·;}~,::i:,;11•H~'r-~5:<tr.t,,, ,Fw,:;~: /"" ' hereby affirm that I am exempt from the Contractor's License Law for the followrng reason: ''),! I, as owner of the property or my employees With wages as their sole compensation, will do the work and the structure is not intended or offered for sale ~-7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who bUllds or improves thereon, and who does such work himself or through his own employees, provided. that such improvements are not intended or offered for sale. If, however, the buildmg or improvement 1s sold w1th1n one year of completion, the owner~butlder w,11 have the burden of proving that he did not build or improve for the purpose of sale). D I, as owner of the property. am exclusively contracting with hce~sed contractors to construct the proiect {Sec. 7044. Busmess and Professions Code, The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and contracts for such proJects with contrector{s} licensed pursuant to the-contractor's License Law), 0 I am exempt under Section _____ Business and Professions Coda for this reason· 1. I personally plan to provtde the maJor labor and metanels for construction of the prQposed property improvement. 0 YES ONO 2 l [have/ have not} signed an apphcat1on for a building permit for the proposed work. 3 I have contracted with the following person (firm) to provide the proposed construction (include name / address / phone number / contractors license number): 4, 1 plan to provide portions of the work. but I have hired the folfowmg person to coordinate, supervise and provide the maJor work hnclude name {address I phone number I contractors license number}:, _________________________________________ _ 5, I will provide some of the work, but 1 have contracted (hired) the followmg persons to provide the work 1nd1ceted (include name / address / phooa number/ type of work):, _________ 7"'9'.:::==:~=--:-a==--------~'7------------=~---==--=------- ]' ;~::::r~.;;:~:E~.~~~~~:~NQNjl~JD.£JY17AbUJ.\JJt.@JNG P.-.1:f:s qN !Y;,.r,:, • .-,,,tt:bi,,;t , ... .,Z/Jif:';~.~~~""',.;.);_.~ Is the applicant or future butldmg occupant required to submit a busmess plan, acutely hazardous matenals regIstretIon form or nsk management and prevention program under Sect10ns 25505, 25533 or 25534 of the Presley-Tanner Hazardous Substance Account Act7 D YES D NO Is the applicant or future building occupant required to obtain a permtt from the air po!tut1on control district or air quallty management d1stnct1 0 YES O NO Is the fscIlrty to be constructed within 1,000 feet of the outer boundary of a school s1te7 D YES D NO IF ANY OF THE ANSWERS ARE YES. A FINAL CERTIFICATE OF OCCUPANCY MAY NOT BE ISSUED UNLESS THE APPLICANT HAS MET OR IS MEETING THE REQUIREMENTS OF THE OFFICE OF EMERGENCY SERVICES AND THE AIR POLLUTION CONTROL DISTRICT. s,:!/E'Q,NlSJ,lffiCTiO~litlDIN.~l1"G,E/fcJq:?·~·-~:.:·:,;; ;r~~~.::c;,-~,\ '~.'>')l.·!ti-:·t-:.''"'~~~l:-,;~ .. fr',1.,',f:;;.,-;f •• f."t:":·~·.~~-.ii'. _.;:-·· ,.:r -'.'· WA"i! 1 hereby affirm that there 1s a construction lending agency for the performance of the work for whrch this permit 1s issued (Sec 3097(i) C1v1I Code). LENDER"S NAME _____________ _ LENDER'S ADDRESS. ________________________ _ is.-l~~1A?,.Pi!!CAN,:~dEFrfu~i_C:i~i6_t'.;[{"t;ijf:.,.:.-;1;~~'t\:-f:/1'"?,;-1.!:;'}i:::j..-,·~~~~le .. ;-;_·.~~-1}0·}~~,. t' .. :t.ff:J.'!.l!.~·,],~-Z,;;~~r::,{;"~·:·jl~' .. ~~ I certify that I have read the apphcat1on end state that the above mformat1on 1s correct and that the 1ntarmatron on the plans Is acc\Jrate. I agree to comply With all City ordinances and State laws relating to burldmg construct,on I hereby authorize representatives of the CItt of Carlsbad to enter upon the above mentioned property for Inspec11on purposes I ALSO AGREE TO SAVE, INDEMNIFY AND KEEP HARMLESS THE CITY OF CARLSBAD AGAINST ALL LIABILITIES, JUDGMENTS, COSTS AND EXPENSES WHICH MAY IN ANY WAY ACCRUE AGAINST SAID CITY IN CONSEQUENCE DF THE GRANTING OF THIS PERMIT. OSHA. An OSHA permit 1s requrred for excavations aver 5'0" deep and demoht1on or construction of structures over 3 stones 1n height. EXPIRATION· Every penrnt issued by the building Official under the provIs10ns of this Code shall expire by l1m1tat1on and become null and void 11 the bu1ld1ng or work authonzed by such permit Is not commenced within 180 days from the date of such penmt or s building or work authorized by such perml is suspended or abandoned et any t1rns after the work 1s comms~for a p d of 180 da s (Sec11on 106 4 4 Urn! ding Code) ~PPUCANT'S SIGNATURE ~ ....... e=:::,,_.......,c...,..~==,,!;;o&;l:.......+.-.,(,,!"4~:1"'-""'4------DATE -----,L-----,"-_.,.,_-t'------,"-----"'zc=_, City of Carlsbad 1635 Faraday Av Carlsbad, CA 92008 09-29~2005 Miscellaneous Permit Permit No: CB053446 Building Inspection Request Line (760) 602-2725 Job Address: 3745 ADAMS ST CBAD Permit Type: MISC Subtype: REPAIR Status: Parcel No: 2052701300 Lot#: 0 Applied: Valuation: $0.00 Entered By: Reference #: Plan Approved: Project Title: BRYAN RESIDENCE REPAIR EXISTING CARPORT Applicant: BRYAN BETTY 37 46 ADAMS ST CARLSBAD CA 92008 Miscelanaous Fee #1 Miscelaneous Fee #2 Additional Fees TOTAL PERMIT FEES PERMIT Owner: BRYAN BETTY 3745 ADAMS ST CARLSBAD CA 92008 Total Fees: $40.00 Total Payments To Date: $40.00 Issued: Inspect Area: Balance Due: ISSUED 09/29/2005 MOP 09/29/2005 09/29/2005 $40.00 $0.00 $0.00 $40.00 $0.00 EXPIRED PERMIT Inspector: PERMIT HAS EXPIRED IN 4CCORDANCE WITH C.B.C. SECTION 106.4.4 AS AMENDED BY C.M.C.18.04.030 OAIE \I){ ~~IGNATURE_i)Qw~u,i,: ~~-- FINAL APPROVAL Date: Clearance: ------ NOTICE: Please take NOTICE that approval of your project includes the •Jmposition" of fees, dedications, reservations, or other exactions hereafter colleciively referred to as "fees/exactions.~ You have 90 days from the date this permit was issued to protest imposition of these fees/exactions. lf you protest them, you must follow the protest procedures set forth in GOl/8rnment Code Section 66020(a), and file the protest and any other required infonnation with Iha City Manager for processing in accordanoo wtth carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity changes, nor planning, zoning, grading or other similar application processing or service fees in connection with this project. NOR DOES IT APPLY to any ' . . . . . . . . . PERMIT. APPLICATION CITY OF CARLSBAD BUILDING DEPARTMENT 1635 Faraday Ave., Carlsbad, CA 92008 FOR OFFICE USE 01\11,. Yr-?_ PLAN CHECK NO. G:'.:) -.,:,LLL£.C. EST. VAL. __________ _ Plan Ck. Deposit---~----- Validated By __________ _ Date. _______________ _ Business Name (at this addr~ss1 Legal Description lot No. Subdivision Name/Number Unit No. Phs5e No. Total # of units Name Address Crty State/Zip Telephone# Fax:# :~f';:~Af! :· 1¢~·~-ta~"fi.ilil!iiiitW.£i'imF~11r1il~"ilti!iimflili'@~'iidi :,.r[:J);11.~.h1 tiii?owiiilr?,>!'\I:i;t':!:'~::r,::srn:.;,~t~~~'i1:.-lii'~~if:Es~:'::';'.-5f·~·;f\~~~;''!1:, Name Ad ress Citv State/Zip T e1ephone # iii.1E/ii!ii!li~~~ili!lri~~~~;~J;,~r,,~; ;,.;,:::,i!/1/-~ : -~•\-:·.,-.. · -:-' ;r.,_ ·:) ;1"11H:>f.f.!¥ll.m'ffii!ill.~!!llia~m.~;;!l!'~llli!~~w~.:r@.!~i1; Neme Address City Stete/Zip Telephone# ~~JM:<l.l''ii!IG)'.'lffi.~~~~511r.11,7';,-,('.-;:;. '\:c,-:~ci!'.Sf,r,ilfli~,1'~".!i!!l- (Sec. 7031.5 Buslnes9 and Professions Code: Any City or Countv which requires e permit to construct, alter,.lmprova, demolish or repair any structure, priot to its issuance, else raciuiras tha applicant for such permit to file a signed statement that he is licensed pursuant to the provisions of the Contractor's Uc&nSe Law IChspter 9, commending with Section 7000 of Division 3 or the Business and Professions Code} or that tie Is exempt therefrom, end the basis for the alleged exemption. Anv violation of Section 7031.5 by any applicant for a permit subjects the 9pplicent to a civil penalty of not more than five hundred dollars [$500]). Neme Address City Stot8/Zlp Telephone II Stets License II-________ _ License Class ________ _ City Business License # ______ _ Designer Name Address City State/Zip Telephone State License# ________ _ ~g,,;;-.:;,Wl'l}(E_RS~/tf,1~~,¥tip!'i!~~l]ir.!f!j'!i!\a!fj~Eili!!l~1~,l;i~~~~~~:l!iil!l!'ilf~il!ll~~-~m~!ffllfi_i!:!l.f~L~~~!\!li:-w:-:ll'lfr7.~( Workersr Compensation Declaration: I hereby effirm under penaJty of perjury one of the following tleclaratlons.! 0 I have and wiil maintain a certificate of consent -to self-Insure for workers' compensation as provided by Section 3700 of thtl: Labor Cade~ for the performance of -the wot"k for which this permit is Issued. 0 I have and will maintain workers' compensation, as required by Sficticn 3700 of the Labor Code, for 1he performance of the work for which this permit is iSsued. My worker'.s compensation Insurance carrier and policy number are: Insurance Company__________________ Polley No .. ___________ Expiration Date. ______ _ (THIS SECTION NEED NOT BE COMPLETED IF THE PERMIT IS FOR ONE HUNDRED DOLLARS (t100J OR LESS} 0 CERTIFICATE CF EXEMPTION: J certify that in the performance of the work for which this permit is issued, I shall not employ any pet'son in any manner so as to become subject to the Workers' Compensation laws of California. WARNING; Fellura to secure workera' compenantion coverage ls unhlwful. and 1helf subject an employer to criminal penaltlea and chrll fir,ea up to one hundr'ed thouellJtd doDar.s (.$100,0001, In addftfon 'to tha cost of compensation, damages n provided for rn Section 3706 af the labor code. Interest and attomey'e fees. SIGNATURE____________________________ DATE ________ _ -;~~w.o;wm1t;riu1~!iif>ECtiA$.i'.t,1liftiihl.,,.li'~$', ,:;, ,, r .~ii~:i.@~iiF1lm~i,i:•il,'i\!i'if.1ili\~liilii--s:;::,~:~;i-:{l;!iii'i,ifff'"'l~i'fml'Jli~'r~Jful~~!i!i1~~r~~;ip,_!O;\J ih reby affirm that I em axemPt from the Contractor's License Law fer the following reason: I. as owner of the property or my employees with wages as their sole compensation. will do the work and the structure ts not intended or offered for sale c. 7044, Business and Ptofes:s:ioM Cade: The Contractor's License law does oot apply to en owner cf property who builds or improves thereon, end who does such work himself or through his own employees. tn:ovided that such improvements eire not intended or offered for .sale, If, however, the building or improvement is sold within one veer of completion, the owner-builde, will have the burden of proving that he did not build or Improve for the purpose of sale), 0 I. as ownet of the property, am exclusively contracting with licensed contractors to coostruct the project {Sec. 7044,. Business end Professions Code: The Contractor's License Lew does not apply to an owner of }lropetty who builds OT improvas thereon. and contracts for such projects with contractor(s) licensed pursuant to the Contractor's Lleense Lew1. 0 I am exempt under Section _____ Business end Professions Code for this rBBSon: 1. I personally plan to provide the major labor and materials for construction of the proposed property improvement. D YES ONO 2. I (have / have not) signed an application for a building permit fot the proposed wot'k, 3. I have contracted with the following person !firm) to provide 1he proposed construction (include nems / address / phone number/ contractors license number): 4. t plan to provide portions of the work, but l havu hired the following person to coordinate, supervise and provide the major work iinclude name /address/ phone number/ contractors license number):. _________________________________________ _ 5. Is the applicant or future building occupant required to submit a business plan, acutely hazardous materials registration form -0r ristc management end prevention ptogrern under Sections 25505. 25533 or 25534 of the Presley-Tanner Hezardous SubstanGe Account Act7 0 YES D NO Is the applicant or future buUd(ng occupant required to obtain a permit from the air pollution control district or air quality management district? D YES D NO Is the facility to be constructed within t ,000 feet of the outer boundary of a school site7 D YES O NO IF ANY OF THE ANSWERS ARE YES. A FINAL CERTIFICATE OF OCCUPANCY MAY NOT BE ISSUED UNLESS THE APPLICANT HAS MET OR IS MEETING THE REQUIREMENTS OF THE OFRCE OF EMERGENCY SERVlCES AND THE AIR POLLUTION CONTROL DISTRICT, :a~r.;tf;tiN,,f.tiU~P-~~Di{Pl,iJ~Gmti~f:!~~'b;·:·~ .. ~~;.; ~f\ ·.'. ji'.';;':!l/::i~~~;i!f:;'1t'· :; ~' ·:~ 01?·::·:; ,.: ~ff;_i?,~-;~~· !i;:3j?:~~r;-~f ~.~-f[t1if.t.!!~!?$\~~~~:~-.:.i.:i:B1 ~:,ri: ;.;_,1::; ''. ,: :. -~· I hereby affirm that there is a construction lending agency for the performance of the work for which this permit ls issued !Sec. 3097li) Civil CodeJ. LENDER'S NAME _____________ _ LENDER'S ADDRESS ________________________ _ 1$~lflii~CEfll.tij~Nift1.i;i~Irti~;.1;g:;~~ ;.~~·; =~~::,;:_:.,,. !'(:~:-~;".nw~; :•,:u;.:~1~~ff:1!~~~~~-~E~:H;·:J!·~ .. i~:1~!il-li~~!ffil~·fl!W!i"i$~~~t~~111~;.u~m.~~~Pl~~~ I certify that t have read the application and state that the above information is correct and that the information on the plans is accurate. l agree to comply wi1h all City ordinances end State laws relating to building construction. I hereby authorize representatives of the Cit\' of Csrlsbi!d to enter upon the above mentioned propertv for inspection purposes. I ALSO AGREE TO SAVE, INDEMNIFY AND KEEP HARMLESS THE CITY OF CARLSBAD AGAINST AU LIABILITIES, JUDGMENTS, COSTS AND EXPENSES WHICH MAV IN ANV WAY ACCRUE AGAINST SAID CITY IN CONSEOUENCE OF THE GRANTING OF THIS PERMIT, OSHA: An OSHA permit Is required for excavations over 5"0" deep and demolition or construction of structures over 3 stories in height. EXPIRATION: Every parmll issued by lhe building Official under Iha provisions of this Code shall expire by limitalion and become null and void if the building or work authorized by such permit Is not commenced withi 180 days from the date of such permit or If the buildlng or work authorized by such permi1 is suspended or abandoned ~~~~:-Ii-~~~~-~~~::~ commen,,, ,~-.-~d o~ ~Sec~on ~-06.:4 Unt1orm Bullding Code). n.ti.T~ City of Carlsbad l=IOIGOh·l·JJ~iiiU,1401 August 2, 2006 BETTY BRYAN 3745 ADAMS ST CARLSBAD CA 92008 RE: BUILDING PERMIT EXPIRATION PERMIT TYPE: MISC Permit Number: CB053446 Issue Date: 09/29/2005 ADDRESS: 3745 ADAMS ST PLEASE CALL FOR AN INSPECTION IF WORK IS COMPLETE Our records indicate that your building permit will expire by limitation oftime on 09/28/2006. The provisions of UBC, Section 106.4.4 as amended by the Carlsbad Municipal Code state: "EXPIRATION. Every pennit issued by the Building Official under the pr~visions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit (unless issued prior to 7/1/99 which is one year from date of permit), or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 180 days or if the building or work authorized by such permit exceeds three calendar years from the issuance date of pennit. Work shall be preswned to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within 180 days of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each l 80 day period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit shall be obtained to do so, and the fee~ therefore, shall be one-half the amount required for a new permit for such work, and provided that no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a pennit after expiration, the permittee shall pay a new permit fee. Any person holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time period required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. · Please check below indicating your intentions and return this letter to us. Project abandoned. A new permit will be obtained prior to commencing work. No fee extension requested for 180 days. (attach a letter of explanation) Renewal permit requested. If the project has been completed and only a final inspection is needed, please call the inspection request line at (760) 602-2725. If you have any questions, please contact the Building Inspection Department at (760) 602-2700. Christine Wanschek Office Specialist 1635 Faraday Avenue • Carlsbad, CA 92008-7314 ° (760) 602-2700 e FAX (760) 602-8560 @ ~) QQ; ·}. --------------ff ,='u ~ f_ . ··-·-···-· ·~---u-----·--·--------··-.. ------··"·-·-~-----· -.. --------· -------··-\..., .-~ /. \ ,. -( . ':-, ______ "· ~/ --.. , .. '' .. ,.J ... , ... ' f~i'lC e / . ,-s '30. .p,..~ ce~Ter of 51, Car-p ();"Ts~-1 ~-5 -A-(-~ -(;o tlY) fu M c_E f rc1.1 c.<k ~ f' .e... Vt' ---z._ou~ .. ~lt:6----. ----------~----·-···-...... . -------··-··· ........ ·-·-.. -_ .. --···---·· ' , ..... . -r ....... ' -;·--·-r ·--. . ----·· I L I ' f ; i { ! r j 11 I I ,l il -------------- -= I I EXHIBIT 5 1-j:\Vf'<JJ~D\CODE ENFORCEMENT DEPT\Code Enforcem\. ,!.Photos ~"'-'=.:z;~ ~~~"\a.·· J.M.~/~ ~·"~.tr\~. P9070004.JPG 09107/2005 September 7, 2005 BETTY L BYRAN PO BOX 1410 CARLSBAD CA 92018 FINAL NOTICE Code Violation Re: Code Enforcement Case 05-0468, 3745 Adams Street. Dear Property Owners: The property was reinspected yesterday. It was found that compliance with our Notice, dated June 2, 2005, has not been achieved. Please comply with the schedule below. Correction Required: Obtain a permit for the illegal electric work as required by CMC 18.04.015, enclosed. Multiple inoperable vehicles and boats still appear to be on the property, that is a violation of CMC 21.44.060. Remove or repair all vehicles. It was also observed that there is a fence that exceeds 42 inches in height located in the front yard setback of the lot. That is a violation of CMC 21.46.130, enclosed. Reduce the height of the fence so that it does not exceed 42 inches in height Also, there is excessive junk being stored on the property, that is a violation of CMG 6.12.010. · Remove the junk to a lawful location and comply with the above corrections as soon as possible, and in no case later than September 21, 2005. The property must be maintained in a clean, safe condition, in full compliance wnh all applicable city codes. Since my previous Notice did not result in compliance with city code, I must inform you that further noncompliance in this matter will result in the issuance of an administrative citation to the property owner. The first citation carries a $100 fine. A second violation will result in a $200 fine. · Subsequent violations will cost $500 each. Full compliance is anticipated in this matter. Please call me at 602-2785 if you wish to discuss this matter further. Thank you in advance for your cooperation. Sincerely, Scott Rudinger Code Enforcement Officer Slalus: )ISSUED Date: J09/01 l2005 Eritereil By. IHMA. Enle(M\SCFl:il#l: IL:~ "'l~;;=.;_::"'· .. ,.;,:~;:;;--;-,.,.,.--------.~-l EnteiMiscl'eell2: ):i . SCI.Ql [ . ""DATES- Applied !OOllJWffli .~ Apt,r~ve~ !~--' Issued: JiMlJhii[_J Fll]alect: U~ E~p~ect[~. Total BlcjgSq Fo9fage: [. . • • . .. _ Jl BclanceDue: L .. _ JO;OO V c/1 (7· c~1J:( -YsoJ i-f :I·'~ H 5 co-ft; ~ lo Ny& · . d.a"'t ~~ f / ea 5e c~ ! I Lt5 A 5 A P/ re, 57 y-5'" ~e A dqVf)5 5T Aafer--1/, G if be.rJ uV)d/ I are h~,e. 0iv1d a vct1 \a:loie TCii's mo rfl r, CA;Vi di WO u\,'l j I 1-l~e_ t G (n e_c--r w·,(ti jo//J a.Ay}.,J/4e.,e tvtO\J W a 1/4 l J he_ CcJnvff l);~f) f C cf1h~!'--i1-1e 8r lq'f\ ··----- / I I I J I ! / / , H:WV0RD\CODE ENFORCEMENT DEPnCode Enforcement Photos ' l ( H:\WORD\CODE ENFORCEMENT DEPT\Code Enforcement Photos ( _I H:\WORO\CODE ENFORCEMENT DEPT\C.ode Enfor(:ement Photos P8150001)PG /\R/11',/')r,/'11', ,\"~ ::-.-:.-: "' ..; ' I ,, ! H:\WORD\GODE ENFORCEMENT DEPT\Code Enforcement Photos ( t' p ..-k .. 'Be,. Cl~-r-t <--' ' l \ A{~ v~ ~ · pk~h ~. st'i5 __ SL ~ A-C-P~ k I f1.--:, ! Ao -~ -h, ½"A-~ ·l + W A -r--- . ~ ,-kbk-. G.-o= ..,., ~ .JI ~-\-h,-L '*"'"' .(J__ ~o J"""\ s;-.? June 2, 2005 BETTY L BRYAN PO BOX 1410 CARLSBAD CA 92018 Dear Property Owner: NOTICE · Code Violation · We have received a complaint about the property located at 37 45 Adams Street. According to our records, you are the owner of that property. · In response. to the complaint, the property was inspected yesterday. It was observed that junk and debris is being stored all around the property. That is a violation of CMC 6.12.01 O # 3 and 6.08.090, enclosed. There are also multiple cars, boats and trucks that appear to be inoperable and are being stored on the property. That is a violation of CMC 21.44.060 # 2 & # 3 (enclosed). Also, we need to inspect the property to verify that it is not a substandard building. Please comply with the following below: Correction Required: Remove the junk and debris to a lawful location, repair or remove all inoperable vehicles as soon as possible, and in no case later than June 15, 2005. · Contact the Code Enforcement office by phone (602-2785) and provide the date and time that one of our staff may inspect your property. If possible, please arrange it for a weekday between 8 A M. and 3 P. M. If that is not workable for you we will consider any other daylight time on any day of the week. The property must be maintained in a clean, safe condition, in full compliance with all applicable city codes. Full compliance is anticipated in this matter. Thank you in advance for your cooperation. Sincerely, Scott Rudinger . Code Enforcement Officer C: tenant / / H:\WORD\CODE ENFORCEMENT OEPT\Code Enforcement-Photos ----------------------- P6010003.JPG ,-/ H:\WORD\CODE ENFORCEMENT 01::PliCode Enforcement Photos ·~~""~,~~~a ( . . . H:\WORD\CODE ENFORCEMENT DEPT\Code Enforcement Photos P6010001 .JPG 06/0.1/200S ( H:\WORD\CODE: ENFORCEMENT DEPnCode Enforcement Photos Pl':1"11flf1tY) IDI'.: H:\WORD\CODE ENFORCEMENT DEPT\Gode Enforcement Photos· .. i:_..-'--=~------~-..;·1:~---~ .. --~=-''-- P6010005.JPG 06/01/2005 ( H:\WORD\CODE ENFORCEMENT DEPT\Code Enforcement Photos oarHnnn7 10!"' H:\WORD\CODE ENFORCEMENT DEPT\Code Enforcement Photos P601000,9.JPG ( H:\WORD\CODE ENFORCEMENT DEPT\Code Enforcement Photos .• , ·------.. as - H:\WORD\CODE ENFORCE:;MENT °DEPT\Code Enforcement Photos . i' ( H:\WORD\CODE ENFORCEMENT DEPT\Cod.e Enforcement Photos H:\WQRD\CODE ENFORCEMENT DEPT\Code Enforcement Photos P6010O12.JPG EXHIBIT 6 ··-q Cl:UA A. BREWER · CITY ATTORNEY CJT'{ 0 F EP;UL G. EDMONSON A55!5TAiIT CITY ATTCR~JEY JAME MOBALDl ASSISTANT CITY faJTORNEY July 17, 2013 Ms. Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 RR Your July 15, 2013 letter Dear Ms. Bryan: RONALD KEMP __ AS:SJSTANTCITY ATTOP.MEY Your letter to [ former] City Atto1ney Ronald R. Ball ( current City Atton:rey is Ms. Celia A. Brewer) was fotwm:ded to me for~ response. rJease be advised that neither the City of C-atlsbad nor :Scott Rudinger are agents, e.i'.i:lployeea_, co- con:spirators, aiders or abettors, or anything else to or of Goldman Sachs Bank, MTGLQ lrtves:tors, L,P ., Litton Loan Services, Bill Koch, Select Po:rtfolip Services, qr any :<;O.tnbination thereaf. Mr. Scott Rudinger is the City of Carlsbad's sol<;: C0de Enforc~nt Officer. Mr. Rudinger enforces the Carlsbad Municipal Code as it relates to zoning, building, and other health and safety related issues -of real property,, The City receives code complaints from various sources and quite often the complaints are received from one or more n-eigbhors to a violatqr~ s property. Toes~ neighbors want the City to intervene iJ.1 an. effort to get the violator's property- brought hack into compliance -with the, municipal code. Under California law, the identity ofa complaining party~ whether itis your neighbor, a police ofJjcer, or based o:n Mr. Rudinger's peTSonal observation is-,confidential. therefore, the City will not disclose-to you the rtame of a complaining or reporting party. In your lettet you stated that the City of Carlsbad sent you a Final Notice (dated July 11, WlJ) regarding a code vfo>lation1 at your property. Reviewing the Code Enforcement file, I noted that ·a Courtesy Notice (dated June 17, 2013) and a Final N-otiee (dated.Jun.e 27, 2013). were-sentto the property ovmer of record, MTGLQ Investors, LP1 C/0 Litton Loan Servicing 4828 Loop Central Drive, Houston, Texas 77081. The City obtained this·information from C-oteLQgic'Rea!Quest Professional, a company that provides re/ill property ownership inforrna:tion. I understand that it 1 Parkitig/storing two tboats cmd bobcat in the front yard ~etback in violation ofCMC § 21>14.060 Offset Parki,ng - Residential Zones T 76-0-434--2891 F 760-434-8367 . is your position that you and yourmother(Ms, Betty Bryan) are the hiwful 0\1\mersofthe 3745 Adams Street property. The City is not disputing your claim.$ .of ownership in the $Ubje.ct property. As a mattet of coutse the City sends all notic~s of code violations to the properly owner of reoo;rd; and hased on the available information that the City had immediate aGce,ss to, the property owner ofr-ec:ord indicated MTGLQ Investors, LP, C/O Litton Loan Servicing. Thus, the notices were sent to MTGLQ and not directly to you. After the above two notices were sent Code Enforcement was dfrected to .send the notice directly to you at the subject property. Prom the City' .s perspective, it is immaterial whether the· property owner of record or tenant in possession co1tects the violations so long as the violations me actually corrected .. If you: ,and yO'itr mother :are in fact owners ofthe,gubject property.as you have represented, then you may wa;ntto-s:en.d CoreLogic .RealQ14e~! Profes..sional 1:he .nec~ssary title documents so that th;e-y can update their databases. The City is not going to retra{rt its notice of violatio~; whetlre.-r said notice is entitled Courtesy Notice or Final Notice. does not matter at this point. The City would like for you.. tO" comply with the municipal code· and rentove the two boats and bobcat from .the front yard setback. If you comply, Code Enforcement will close this case and the matter 'WJ.11 be resolved.; I note that the Final Notice sent to you reqtrired compliance by July 25~ 2013. I am modifying that compliance date to the close ofbusfoe:ss on Attgllst 9, 2013. Pleas.e understand that neither the City of Carlsbad nor Scott R11dinger is trying to take your real property,, located at 3745 Adams Street, away from you or your mother. Rather, the Citi s sole interest is in obtaining your co:tnpli:ance as. it refates. to th.e current code-enforcemept violai:io:rJ.. Best regards,. cc: Debbie Fountain, Housing/Neighbor Services Director Scott Rudinger, Code Enforcement Officer EXHIBIT 7 ,. ... c.'-'L~N·~.., .35E5eioR e/71/£. ,=-SID~E-NTIAL~BU0JLD,,,.;4..,JIN.~G RE~CORD '° ~ ~~~ RE. '7~ · PAIICE'I 2$ Ji!,@ ,{,-"'-f"":J(wl<--.._,. ~_..:.. _ _, __ SAN. OlEGO C0,C,\l,IFO.F.!N1A. <;_f .:ze: $~~ ,:%.,EO _,,,:.::,:r_-• · . .' _, ·,: ----• .. ADOf?cSS..;3:J.,;;;..:41:,!··.~ ,;:·..;.:··.......:r.·"°oL.c··.J~,-·, u;· ..... Lla.:..:;,...... ~-,L-------.. --"---~SHEET. . I OF_ . 5f(E'E1 CL.ASS &'SH'AI'-£ CONSTRUCT/()~ StRUCTURAl. DESCRIPTION_ OF BUfLDIN.G EXTERIOR ROOF . LIGH.TING 14/R C.ONQ/TION · ROOM AND. Fllll$H Dt:TAll. "2 • ,,..;. Uoht A.~., ~~...I. -~-r. . Suh-Slondcrd .)(' Frcm• ,:,...,.__T Sfucco on Fief ~ Pil~-/J. • x • -• '!It n .. , i: i'l.l,._J.-. Gobi~ /4 ·wmna _. if•itfirl,. · (:poling ROOMS -f:'.L~.0~$ : FL(i()R °F{Nl$.H TRIM .. /NtERiQR-F.INISH · .. K.r. ·t:ondlih l,for.c~d· ilc1"~n·9, . J. I.: 2 MoJ~rlo1. ·G,a,/~ Wall~ q._;//'nas· Afft:HIT.EC'fURt--,, Sfof/dard Sheafhing Sidinq '.x • )(· Hip__3_4 I...CJ · ,/lbo•e-Slondord Cancr,dr Block I~ Shed 14 .l(,O 8.4 BJ ·IT. t!\ G. Cut Up Fixtures .,, WollUnil ... :.-.x IJJ-J.-.. -.u.., .. J,.. . · .·o"-?"i?H _!;} ·Jtoti~i. ,. · S.otcial Few T>'.PE.-'Brick Sh,nq/e Dormers • · X AYq, Livina .. IJse TrQes, ·n FOUNDATION ;Oininq ./ . ;-P..:, • .-1. '!}If·/· ,.t: ,Siriale .)(_ __ FloorJo,'4f: .8.8B,.I T.46, ... , Double Reinforr;erf ~L.UMBIN6 Bed I 8dc;Jc .. _ Briel< ..Shi,,_91• Annrfmrn.l Su_h•rlaar. .. Oil 8urner Piers · i:,t Concrete r/oar WINOOWS ~ Tile I)( Sink )(. P,H; I ICdJ.tnitpl _Tile Trim · i.Laundrll M-6.T.I/.. /nsulaftd Ce,'liqos . Mefo/ Sosh :.( Co~nn.,-.i:,i.> Ill Water Hfi::,Autd. · :: ·f','ru,loce Kitchen. ..I. c:..on c_:, ,-::,,_......,, ·, Uni!~ .li~hfl ·1Heav11 ill:sulaf,d Wo/1., "'-· Screen.s Compo.Sl/,'r,q/e . Oroin Bd, · h.fa ierlal::t::+Y.-:'! ~;;_..::<· LqJI,, Ff: J°pl~,h: RATiNG (E •. 6,A~F,P] BATH DETAIL _..;C...;;O_N_S...;T_R __ U_C_T..,..JO_N_._R_E_C_O .... R_D_---;EFFEC. APPR. NORMAL % GOOD • hr,,,JI YEAR YEAR ""e liT?omalh'g o/o No. For Amounf ()al• "' · lilt. Tobi, Arch. Fune. Con• .. Coad, Affr • .Pion· f1Jr~ fa,.., •ISP-• ~-Ii· Ff N .-FINfSH ii/Iii~. :1ti:srt ~~ii,J. · 0·• · Fl.oor~. '· .WQN~ f:IX.i.V.8~$ $HOW.ER· . We la; rub .. 'Twnt :li:race : Ifft 12·7; e.ti ~l11/:sh .LI y::-. !=' A ;::: sis~-F' .F-.P P -.-r Appraiser 8 Date 1.,5~.J..r;"-.s'• JY.rn I,. ·;J;; ~./J "~J .. )., .. n. /',/ . ,__. -.· .• ~L:. I_.; ··:-I -,,y Unit ,. •IJ'P -~ ~--:t' .,r--;:::,_-z::: 7 Un1t an,, , ,, Co$t ·. Unit ·v'coat ·. 'cn:Ja. _·w .· Area Ca.-t Co•t '-Co.st. .. . cc~, ?i3:f..;J Cott • . I, () 0 t,0 I(/ Y, .c 1l. //) ') . 1,-_,, ., ,60 I 0'2 • • ti ,,,,--.. i:io 1f. . 8 b .·HI "} ':I ~...::, 74. .• ,) J 0 J.,,.oo / /d. I, o-o / P:CJ Jg (J l oo· I ?$0 ·,o .. l.o ... /,..D . J •. /;"J ), 2 t) .it,rL · J./S' I. . I. ,_ c . . Lf.t;:;~ . , (,t,-'-f, /,,a~ (.., 04-. . ·.tJiff~ Cad .. ·· ,I I : ShuHers Coat Unit·:· .. Co.:st ., 1 ·, i, _,,,.,, •. ·._.-4) I .1.,•·t .. _S11EClAl. FEA.'tUi:,ts Cost Ul!lt .Coi,:t Cc~t V~netian. B/lndt . Unit. , .. Coat co,, TOTAL L'J.., r. l.?/15. /.?i/J-.j,...:._ ~ I 1·.l~ 21 I -i..t.. •. NORMAL'}6 GOOD. q,(:_ 9~, )! !? s-:,:,';\..... 5.2-.:::0::..i-___ __;._-4-_~~--+·· ___ .. __ -+-----__ R_.c_.L_.N.~D J,c.Tl,_,!/Jr'1/1=~"-"-tlu.:.,· ..$"-"L..,,_•,_,d_r-ti ,,? ./d2f//l.,_. · ....__/8..S:1,l_._._· _J.g . .S:4,~~.__ ___ --1..:.... ___ -1 ____ ...._ __ -:---.. _ 1, o._11, 1 A'' 3-'54 · r ~j,J ,u. .-::A I• -,, .. 1'. -r· • ' I I. • I I-•.• . ·t • ..... . ..l MISCELLANEOUS srRUCTURES -4 ·-~ (i) 4\+vy h1 n .t~ Na ~ ,,tg'J' "" Ne--~-· J./4,,H sin! 1o ,,:t; & ... , .• ~-,..·i ·J"lAflt•:,.i; ,.., :1: ,,q ht J.,.,, +,:~. -t, ,/ J1111· ...... y, ;uL .i::/4,1.,-,,.,..,+,·,...,,._ /2A5 1,,.¥'·,. sf,d.~,..6/n .p,·~....__, Y·/1-t~ _;y.wc.. ~ J,,,eS;,t,:>Wlf,[(,b'J<:lc o""lk~Pr:IJ1A1..:,rr,vr.14teffe:lr/41,, t'o.-YSM.-;;,-ri\:\,.;,, _ ..,,...:,"'-----==--'~'-"~-=.:.:..c2_'0 L.~SJL.:s.'.!e..~~-~ .. ._ 0,~~ .. ....-~~.)_,., h'l...-_ _....."'-"""-'-""=-==='"--~a=~~µ~fit,_,· 1d ~£.--j/--/-2~72.~~-~----......,__,_.__ . ___::j.., --------------------------- BEFORE THE OFFICE OF ADMINISTRATIVE HEARIN RECEIVED JUL 2 1 2017 0 SUBPOENA: Requesting Testimony ~SUBPOENA DUCES TECUM: Requesting the Production of Records or Things THE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO: l. At the request of D Petitioner ~ Respondent (party name) 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: (date) , at (time) , and then and there to testify at: (location) D OAR, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 OOAR, 320 West Fourth Street, Room 630, Los Angeles CA 90013 D OAR, 1515 Clay Street, Suite 206, Oakland CA 94612 O0AR, 1350 Front Street, Room 3005, San Diego CA 92101 D Other: California. ~ 3. You are not required to appear in person if-you produce.the records described.in the.accompanying.affidavit and a .completed . - declaration of custodian of records in compliance ,vith Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to .the Office of Adminis1rnti-Ve------------·-----·- Hearings at the address checked in item 2. ( 4) Mail a copy of your declaration to the attorney or party shmvn in item 1. D 4. You are not required to appear in person if you.produce the records.described in the accompanying affidavit and a completed . declaration of custodian ofrecords in compliance with Evidence Code section 1561. By (date), send the records to: ii .... \ NOTE: This manner of production may not satisfy the requirements of Evidence Code section 1561.for admission at hearing. D 5. Y 01.1 are ordered to appear in person and to produce the records described in t.lie accompanyi,,g affidavit.-Toe personal appearance of the custodian or other qualified witness and the production of the original records is required by this subpoena. The procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code ,vill not be deemed sufficient compliance by this subpoena. ' 6. Disobedience to this subpoena will be punished as contempt of court in the manner prescribed by law. 7. Witness Fees: Upon service of this subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. You may request them before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-68p93, and 68096.1-68097.10. 8. IF YOU HA VE Al~'Y QUESTIONS ABOUT WITNESS FEES OR THE TIME OR DATE YOU ARE TO APPEAR, OR TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED ON THE DATE AND TIME SPECIFIED ABOVE, CONTACT THE PERSON REQUESTING THIS SUBPOENA, LISTED IN ITEM 1 ABOVE, BEFORE THE DA WISTED IN ITEM 2 ABOVE./ ,,, . 1 (Date Issued) 1 /1 JI Q o' J 7 (Signature of Authorizing Official) 4~/2 r L£~--=--' < (Printed NameJ/?a./,Prf {,,_}q/ /.< ef (T/Ye) ~~ /J,,I~ _ · .. ~ ~ OAH-1 (Rev. 08/10) DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause exists for their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Corrnption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (1) The majority of the findings in City of Carlsbad inspection report are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Sumimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety laws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's strncturally sound and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; (4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan II, who subsequently embezzled the majority of the home improvement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad · D (Use aaaitional pages, it riecessary, and attach them to this subpoena.) Executed July 20 , 20 17 , at Carlsbad , California. I declare under penalty of perjury that the foregoing is true and correct. METHOD OF DELIVERY of th is subpoena: [8] Personal Service -In accordance with Code of Civil Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: D Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: D Certified Mail, Return Receipt Requested -I sent a trne copy of this subpoena via ce1iified mail, return receipt requested to: (name and address of person) at the hour of ro~ili m., on -~'--+-._.,-·1,,,,~'-/,-~0-d,~\ ----' 20 rz -' Cf City of Carlsbad , State of California ~gn~~l~ OAH-1 (Rev. 08/10) -REVERSE Please take receipt of the following attached page of the declaration of Catherine Bryan, in support of Catherine Bryan's request for City of Carlsbad Records in compliance with the subpcena duces tecum issued subsequent to personal review of my current situation, by Administrative Law Judge, Robert Walker on 7/19/2017. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. 1. I require production of all correspondence related to the subject property, including the meeting agenda of each and every City of Carlsbad City Planning Meeting, or other City of Carlsbad Meeting planning any potential future development property located at 3745 Adams Street in Carlsbad California, (subject property) between the years of 2005 and 2017, including, but not limited to, all business correspondence with Yukiko Sumimoto, MTGLQ Investor's L.P. and any other individuals or entities bringing issues related to the subject property to the attention of City of Carlsbad municipal government, for the purpose of legally establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation of my civil and constitutional rights, culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute of limitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F .2d 1528 (11th Cir. 1986). I require these records. 2. I additionally require all records of reports I have made to City of Carlsbad's Police Department's Internal Affairs over the last five years, therein complaining of law enforcement misconduct, and each responsive communication issued by internal affairs. City of Carlsbad. City of Carlsbad is required by law to keep these records on file for at least five years. I require these records. 3. I require City of Carlsbad to provide City Council with confirmation ofreceipt and a copy of my two page letter delivered to City Attorney Celia Brewer, dated July 22, 2013. ( copy enclosed herewith for your convenience.) I require this record. Signed Executed on this day of July 20, 2017 ~,. ·_/l1:7. Ch.BA 11 -~~~~-~~--A~M.l?-'-""'i,_,---~{_,,l_,,{=cJ~· c-n' ,......·{7,=~lf-'IY1~L;-· _ at enne ryan ppe ant July 22, 2013 Served Via Courier Attorney Celia Brewer Office of the City Attorney of Carlsbad 1200 Carlsbad Village Drive 92008 Re: Your Letter of July 17, 2013 Dear Attorney Brewer I have taken receipt of your letter dated July 17, 2013. Please correct me ifl misinterpret the content of your letter. My overall impression from your letter is that City of Carlsbad officially elects to condone and ratify your employee and agent, Scott Rudinger's criminal activity, in relation to the elderly homeowners private property located at 3745 Adams Street, in Carlsbad rather than correcting or sanctioning Code Officer Rudinger' s prior and present criminal extortion and ongoing illegal conspiracy with our defendants in Civil Case No: 3:10-CV-01605-CAB-,KSC. Please be advised that as Plaintiff prose in Civil Case No: 3:10-CV-01605-CAB- KSC, I officially object to your absurd contention that it is standard practice and procedure for City of Carlsbad to research County of San Diego title records before issuing and mailing mandatory correction citation to a financial entity located in Houston Texas, for improperly parked vessels or vehicles. I also must respectfully point out that my sailboats are clearly personal recreational "vehicles" which have been properly stored on the Adams street property side-yard not front yard ( whenever they are not in use in the water) in their current location for well over twenty-five years now, as of 2013 without any objection. Correct me if I misinterpret City of Carlsbad's official lack of concern or disinclination to investigate or sanction Code Officer Rudinger' s prior and present extortion and illegal conspiracy with our prior and current defendants in Civil Case No: 3:10-CV-01605-CAB-KSC. My position must be that your letter officially refuses to provide me, Plaintiff Catherine Bryan, with appropriate remedies for your employee's outrageous non-constitutional and criminal acts. Leaving me with possible alternative recourse than to file a separate lawsuit against Rudinger, and City of Carlsbad. Consequently please take receipt of this courtesy copy of PLAINTIFF'S PROPOSED COMPLAINT and related pending MOTION TO ADD CITY OF CARLSBAD AND SCOTT RUDINGER NEW DEFENDANTS TO CIVIL CASE NO: 3:10-CV- 01605-CAB-KSC. As soon as a hearing date has been set for my motion, I will appropriately notify your City Clerk. 127-3204 1 of2 July 22, 2013 Letter to City Attorney Celia Brewer Please be advised that this letter and attached enclosures constitutes your OFFICIAL NOTICE that Plaintiff Catherine Bryan intends to and will file a Federal Tort action against the City of Carlsbad for its wrongful and inappropriate violations of my private property rights. Further be advised that whether or not my Motion is Granted a new and separate Federal Complaint against Rudinger and City of Carlsbad will be filed. Any denial would only result in a separate and independent federal action being filed pursuant to the prior and ongoing continual Torts by City of Carlsbad, damaging me and depriving me of my fourth amendment rights to reasonable expectation of privacy. It what appears to be an ongoing civil and criminal conspiracy between MTGLQ Investors L.P. City of Carlsbad and their agent and your agent and employee Scott Rudinger. Very Truly Yours, ~13 Catherine Bryan ~ Enclosures as indicated 107-3201 2 of2 BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS Requesting Testimony ~SUBPOENA DUCES TE CUM: Requ!'§..ti~~Jhe_?roduction of Records or Things ~-~~;_.=.~:;,f: ~:~:~. ~ ~-:, ::: !~ :·~ THEPEOPLEOFTHESTATEOFCALIFORNIA SEND GREETINGS TO: (name and address of person being subpoenaed) n , C , _ Y 1 T 0-{f. <:er• S'co 7t RL,1QJ'1'U O(Y>e. C.. VTT'o rcurie:I\ .J 1260 C0irish6,J tli// e /Jr, Ca,,&iu C-fj l. At the request of D Petitioner .-IE! Respondent (name, address and telephone num of contact person) . /.l.-A. :31q. s rJclo. wt.s. Str-e--c. t; Cq:r/s. b4o/ c. n (party name) -zcoY 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: (date) ~ /2. Z-,/ .t/.0 IJ , at (time) . 6 ~ 0 0 #~ , and then and there to testify at: (location) D 0AH, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 D Other: O0AH, 320 West Fourth Street, Room 630, Los Angeles CA 90013 O0AH, 1350 Front Street, Room 3005, San Diego CA 92i91 Co IA V)C: 1111 : 12 «J v: ii~ ~ California. 3. You are not re ired to appear in per.son if-you produce. records described.in the.ac panying. affida · d a .completed .. __ . ·-D declaration of custodian ofrecords in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to the Office of Administrative.---------·-·----··- Hearings at the address checked in item 2. ( 4) Mail a copy of your declaration to the attorney or party sho,vn in item 1. D 4. You are not required to appear in person if you-produce the records ·described iri. the accompanying affidavifancl a completed --· declaration of custodian of records in compliance v,ith Evidence Code section 1561. 6. By ________ (date), send the records to: , ... \ NOTE: This manner of production may not satisfy the requirements of Evidence Code section 1561.for admission at hearing. 5 .. Y 01J are ordere<l to appear in. person and to produce the records described in t.h.e accompany:i,.1g affidavit.· Toe personal appearance of the custodian or other qualified ·witness and the production of the original records is required by this subpoena. The procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code will not be deemed sufficient compliance by this subpoena. ' Disobedience to this subpoena will be punished as con tern pt of court in the manner prescribed by law. 7. Witness Fees: Upon service of this subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. You may request tb,em before your scheduled appearance from the person named in item 1. See Government Code sections 11450. 05, 11450.50, 68092.5-68093, and 68096. 1-68097. 10. 8. IF YOU HA VE AL'-4'Y QUESTIONS ABOUT vVITNESS FEES OR THE TIME OR DATE YOU ARE TO APPEAR, OR TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED ONtHE DATE Al'\fD TIME SPECIFIED ABOVE, CONTACT THE PERSON REQUESTING TIUS SUBPOENA,_LISTED IN ITEM 1 ABOVE, BEFORE THE DATJ}~TED 1N ITEM 2 ABOVE) , (Date Issued) /,/11/2.. C !J (Signature of Authorizing Official) ~./2 L L,L.....,.~~ < .. (Printed Name)/?,J,PJ /,,), //4P r (Tille)~ /J~ ~· ·.~ ~ OAH-1 (Rev. 08/10) DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/o( other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause exists for their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Corruption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (1) The majority of the findings in City of Carlsbad inspection report are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Sumimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety laws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally sound and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; (4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan II, who subsequently embezzled the majority of the home im'provement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad D (Use additional pages, it necessary, and attach them to this subpoena.) Executed July 20 '20 17 'at Carlsbad C l"fi . ___________ , ,a 1 orma. I declare under penalty of perjury that the foregoing is true and correct. METHOD OF DELIVERY of this subpoena: [8] Personal Service -In accordance with Code of Civil Procedure sections 1987 and 1988, delivery ~as effected by showing the original and delivering a true copy thereof personally to: D Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: D Certified Mail, Return Receipt Requested -I sent a true copy of this subpoena via certified mail, return receipt requested to: (name and address of person) at the hour of} O:JO'iffi., on _....,,-i-.,__.i1,,.,_,___,lt"--,[\----..,,d,~'~---' 20 rz 0 , Cf City of Carlsbad , State of California &t·.C, ~ (Signature o~arant) OAH-1 (Rev. 08/10) -REVERSE Please take receipt of the following attached page of the declaration of Catherine Bryan, in support of Catherine Bryan's request for Code Enforcement Officer Scott Rudinger's compliance with the subpama duces tecum issued subsequent to personal review of my current situation, by Administrative Law Judge, Robert Walker on 7/19/2017. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. 1. I require testimony under oath, and production of specific business correspondence and financial records of Scott Rudinger, for the purpose of legally establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation of my civil and constitutional rights, culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute oflimitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). 2. I require from witness Scott Rudinger specific business and financial records in the time period from 2005-2017, of any and all financial transactions between him [Scott Rudinger] and Thomas Arthur Charbonneau, Carolyn Blake, Harry Beck, Demarco Fletcher, George Mogan II, Equity Partners, Orion Equity, Lincoln Mutual Mortgage Corporation, MTGLQ Investors L.P. and/or Goldman Sachs Bank, and/or Yukiko Sumimoto. 3. I additionally require all records of business correspondence between, him [Scott Rudinger] and City of Carlsbad Attorneys, Thomas Arthur Charbonneau, Carolyn Blake, Harry Beck, Demarco Fletcher, George Mogan II, Equity Partners, Orion Equity, Lincoln Mutual Mortgage Corporation, MTGLQ Investors L.P. and/or Goldman Sachs Bank, and/or Yukiko Sumimoto. 4. I additionally require records of any and all reports or records in any form that Scott Rudinger may filed with City of Carlsbad Attorneys, City of Carlsbad Building Department, or with the City of Carlsbad Police Department in relation to my home or the subject property located at 3745 Adams Street in Carlsbad California. 5. At 6pm, on the date of August 22, 2017, at the occasion of my administrative hearing before City Council, I require witness testimony under oath, from Scott Rudinger as to the events that transpired in 2005 and the accuracy of the records requested above. Signed Executed on this day of July 20, 2017 ~~~-~='~.£=--~ _$_._c....u,,,.~-'Hf§>:,'Yl"'=f-'~2 ___ Catherine Bryan Appellant BEFORE THE RECEIVED OFFICE OF ADMINISTRATIVE HEA. lNGSJUL 2 1 2017' CITY OF CARLSBAD CITY CLERK'S OFFICE 0 SUBPOENA: Requesting Testimony ~SUBPOENA DUCES TECUM: Requesting the Production of Records or Things THE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO: 1. At the request of O Petitioner (party name) ~ Respondent (name, addre_ss and telephone numff of contact person) 1-,.. CaThe""'e ~~1v1; 3/lf S f'JcJ,Q,>,J 5'1tce I CCR"Jshqd · 'CfJ, Cj'?..00~ 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: (date) , at (time) , and then and there to testify at: (location) D OAH, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 QOAH, 320 West Fourth Street, Room 630, Los Angeles CA 90013 D OAR, 1515 Clay Street, Suite 206, Oakland CA 94612 QOAH, 1350 Front Street, Room 3005, San Diego CA 92101 D Other: California. ~ 3. You are not required to appear in person if-you produce the records describedin. the.accompanying. affidavit and a completed ... ··-- declaration ofcustodian of records in compliance ,vith Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper). Enclose your original declaration ,vith the records. Seal them. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail itto the Office of Admin.istrati.ve-------·-------·--··- Hearings at the address checked in item 2. ( 4) Mail a copy of your declaration to the attorney or party sho,vn in item 1. D 4. You are not required to appear in person if you produce the records-described in the accompanying affida\-1hind a completed declaration ofcustodian ofrecords in compliance v.ith Evidence Code section 1561. By (date), send the records to: ~ , .... 't. NOTE: This manner of production may not satisfy the requirements of Evidence Code section 15 61.for admission at hearing. D 5. You are ordered to appear in person and to produce the records described in t.lie accompanying affidavit.-Toe personal appearance of the custodian or other qualified witness and the production of the original records is required by this subpoena. The procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code v.ill not be deemed sufficient compliance by this subpoena. I 6. Disobedience to this subpoena will be punished as contempt of court in the manner prescribed by law. 7. Witness Fees: Upon service of this subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. You may request them before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-6Bp93, and 68096.1-68097.10. 8. 1F YOU HAVE ANY QUESTIONS ABOUT vv'ITNESS FEES OR THE TIME OR DATE YOU .A.RE TO APPEAR, OR TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED ON·THE DATE AND TIME SPECIFIED ABOVE, CONTACT THE PERSON REQUESTING THIS SUBPOENA, LISTED IN ITEM 1 ABOVE, BEFORE THE DAry}ISTED IN ITEM2 ABOVE') (Date Issued) 1 I I JI 2. 0, rz (Signature of Authorizing Official) 4~L cJ~ .. =/ (Printed Name)/? d,Nf /,, ),/ k ef (TiYe) ~ /J~~-~ -~ OAH-1 (Rev. 08/10) DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause exists for their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Com1ption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (I) The majority of the findings in City of Carlsbad inspection report are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Sumimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety Jaws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally soUJ1d and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; ( 4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan 11, who subsequently embezzled the majority of the home improvement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad D (Use additional pages, it necessary, and attach them to this subpoena.) Executed July 20 ' 20 17 , at Carlsbad C r£ . ___________ ., ,a 1 omrn. I declare under penalty of perjury that the foregoing is true and correct. METHOD OF DELIVERY of this subpoena: ~ Personal Service -In accordance with Code of Civil Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: D Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: O Certified Mail, Return Receipt Requested -I sent a true copy of this subpoena via certified mail, return receipt requested to: (name and address of person) at the hour of JO:?l]gm., on _ _.,,-+-_....i(,,a......i...,L"--'c0-----"-"~~'----' 20 rz d City of Carlsbad , State of California u~ -~ (Signa:ture~arant) OAH-1 (Rev. 08/10) -REVERSE Please take receipt of the following attached page of the declaration of Catherine Bryan, in support of Catherine Bryan's request for Code Enforcement Officer Scott Rudinger' s compliance with the subpcena duces tecum issued subsequent to personal review of my current situation, by Administrative Law Judge, Robert Walker on 7/19/2017. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. 1. I require production of each and every City of Carlsbad building department record, pertaining to the property located at 3745 Adams Street in Carlsbad California, (subject property) between the years of 2005 and 2017, including, but not limited to, all inspection reports resulting in Code Correction Lists issued against the subject property for the purpose oflegally establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation of my civil and constitutional rights, culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute oflimitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). (a) (according to City of Carlsbad Chief Building Inspector Patrick Kelly) In 2005, a party named Carolyn Blake, provided the City of Carlsbad Building Department with a false and forge "Quick Claim Deed," falsely representing that ownership of the subject property had been recently transferred to Carolyn Blake, I require this record. (b) (according to Patrick Kelly) In 2005, a party named George Morgan II, requested inspections of the home located on the subject property, so that the previous owners (Catherine Bryan and Betty Bryan) could meet their responsibility to bring their fifty- year-old home compliant with newer building codes, as would be required under circumstances where there was a change of pending change of ownership. I require this record. ( c) In 2005 Code Enforcement Officer, Scott Rudinger, knowingly acted on Carolyn Blake's false and forged Quick Claim Deed, knowing that Carolyn Blake and George Morgan, were not actually prospective new owners, but in truth, predatory lenders seeking to solicit a high interest home improvement loan to elderly and unsuspecting City of Carlsbad homeowners, Betty Bryan and Catherine Bryan. · ( d) City of Carlsbad Code Enforcement Officer Scott Rudinger thereafter, improperly issued a "Mandatory Correction List Correction List", to homeowners Betty Bryan and Catherine Bryan, that was largely based on improper application of newer code derived from the California Safe Housing Act, enacted in 1965, that Scott Rudinger, fully knew, would not apply, to an older home family occupied home, where the Certificate of Completion was obtained in 1958, unless there was a valid pending change of ownership. I require this record. (e) In 2005, in order to comply with the deadline as was provided in Scott Rudinger's "mandatory correction list," Catherine Bryan, and Betty Bryan, agreed to allow Loan Officers Carolyn Blake, Demarco Fletcher, to employ, out of pocket, with the loan officer's own funds, building contractors hired to make all the urgently required mandatory corrections. (f) City of Carlsbad's exhibits 4-5 are insufficient to accurately reflect the homeowners' situation, in 2005, when solely due to Scott Rudinger's Mandatory Correction list, the Bryans were intimidated, frightened and coerced into applying for a home improvement loan for $649,000, and similarly signed multiple other documents, including building permit applications, were proffered by loan officers Carolyn Blake, Demarco Fletcher, and their contractors. (g) Homeowners Betty Bryan and Catherine Bryan 84-years-old and fifty-five years old respectively, individuals who clearly, were in no way capable of being involved with the reconstruction, and in fact, required by the contractors to live elsewhere, during their home's remodel. Facts that make it clear that the Bryans clearly had absolutely no control over how permits were handled or mishandled during the reconstruction period. (h) The Bryans DID agree to pay back Loan Officers Carolyn Blake, Demarco Fletcher, straight out of escrow, when Betty Bryan and Catherine Bryan's home improvement loan funded on November of 18, 2005, when said loan officers took possession of all the Bryan's loan funds, facts of elder financial fraud, leading to the Bryan's right to rescind and cancel their home improvement loan. Signed Executed on this day of July 20, 2017 ~-1'30 CatherineBryanAppellant BEFORE THE OFFICE OF ADMINISTRATIVE HEARlN 0 SUBPOENA: Requesting Testimony ,k}SUBPOENA DUCES TECUM: Requesting the Production of Records or Things THE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO: l. At the request of O Petitioner (party name) ~ Respondent (name, address and telephone numWr of contact person_) . 1-,. CaThe,•;,,e ~"a".11; 374 s {jrJ.QVJ-JJ 5Tt~e t COl 11 Jsbcic-.l 'Cfl, 9,zoo~ 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: (date) . at (time) . and then and there to testify at: (location) D OAH, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 OOAH, 320 West Fourth Street, Room 630, Los Angeles CA 90013 D OAH, 1515 Clay Street, Suite 206, Oa.1,;:Jand CA 94612 00AH, 1350 Front Street, Room 3005, San Diego CA 92101 D Other: California. ~ 3. You are not required to appear in person if .:you produce.the records describedin.the .. accompanying.affidavit and a _completed ... -· - declaration of custodian of records in compliance ,vith Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail itto the Office of Adnnnistrative.-----···----------- Hearings at the address checked in item 2. ( 4) Mail a copy of your declaration to the attorney or party sho,vn in item 1. D 4. You are not required to appear in person if you produce the records ·described in the accompanying affida:v1.f and a completed - declaration of custodian ofrecords in compliance v,ith Evidence Code section 1561. By (date), send the records to: i. ,-~ ' NOTE: This manner of production may not satisfy the requirements of Evidence Code section 15 61.for admission at hearing. -Cf 5 .. Y 01,1 are ordered to appear :in person and to produce the records described in t.li.e accompanying affidavit.-Tue personal appearance of the custodian or other qualified \llitness and the production of the original records is required by this subpoena. The procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code .vill not be deemed sufficient compliance by this subpoena. I 6. Disobedience to this subpoena will be punished as contempt of court in the manner prescribed by law. 7. Witness Fees: Upon service of this subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. You may request them before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10. 8. IF YOU HA VE ANY QUESTIONS ABOUT 'NITNESS FEES OR THE TIME OR DATE YOU p._JU: TO APPEAR, OR TO BE CERT AlN THAT YOUR PRESENCE IS REQUIRED ON ·THE DATE At'\fD TIME SPECIFIED ABOVE, CONTACT THE PERSON REQUESTING THIS SUBPOENA, LISTED IN ITEM 1 ABOVE, BEFORE THE DAry},ISTED IN ITEM 2 ABOVE. (Date Issued) 1 / J J / Q O) '7 (Signature of Authorizing Official) 4~/2 L {_JJ~ =, (PrintedName)/<d,prf l,)~Jk~r-(Tille)~ /}~--- , ·.~~ OAH-1 (Rev. 08/10) DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause exists for their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Corruption lssues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (1) The majority of the findings in City of Carlsbad inspection report are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Sumimoto have insufficient proof of their ownership claims oftl1e property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety laws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally sound and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; ( 4) until 2005, appellant's property was fan1ily owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan Il, who subsequently embezzled the majority ofilie home improvement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad D (Use aaaitiona1 pages, it necessary, and attacn tnem to this subpoena.) Executed July 20 , 20 17 , at Carlsbad C 1'£ . ____________ , ,a 1 om1a. I declare under penalty of perjury that the foregoing is true and correct. METHOD OF DELIVERY of this subpoena: ~ Personal Service -In accordance with Code of Civil Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: D Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: O Certified Mail, Return Receipt Requested -I sent a true copy of this subpoena via certified mail, return receipt requested to: (name and address of person) at the hour of/ (12._0am., on City of Carlsbad OAH-1 (Rev. 08/10) -REVERSE oz Itn ~ \ , 2o~J_7 ______ _ cJ , State of California ~gng~~ Please take receipt of the following attached page of the Declaration of Catherine Bryan , in support of Catherine Bryan's request City of Carlsbad's compliance with the subpcena duces tecum issued on 7/19/2017 by Administrative Law Judge, Robert Walker. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. I. I have reviewed City's exhibit I, consisting of a report of City of Carlsbad's Fire Department Report of a fire that could have easily spread to my carport and burned up the roof to my home at 3745 Adams Street. I find the record to be incomplete and insufficient as it does not provide me with the resultant CODE ENFORCMENT VIOLATION for removal of the RV, and my related invoice for $4,000 for repair of the electric lines. 2. Interestingly enough, the report does establish that the RV's owner was Lou Snider, an attorney who filed a quiet title against the subject property in San Bernardino Superior Court in 2007, on behalf of Rick Ardisonni and Anthony Chavez, whose false liens were subsequently removed by U.S Federal Bankruptcy Judge Laura Taylor in 2009. A fact substantially suppohs my assertion of criminal arson, followed by inadequate investigation. The instigator of the fire, Dean Griffin, could not have possibly provided investigators with ID or Driver's License, substantiating his false claim that he resided within the residence at 374_5 Adams Street, in Carlsbad. 3. One of the issues raised in the inspection report, is the fact that my Electric Meter has been removed. I require production of the resultant Code Violation Notice, demanding removal of the huge burned up RV, and of the invoice for repair of the electrical lines concurrently sent to the owners of the property located at 3745 Adams Street in Carlsbad California, (subject property.) I additionally require copies of our responsive communication insisting the fire was deliberately set and demanding to be relieved from responsibility for repair of the electric lines. 4. Under these circumstances where there are many more evidentially established instances of improper code enforcement harassment of Appellant between the years of2005 and 2017. Just as City of Carlsbad's improper use of MANDATORY CODE CORRECTION LIST, resulted in an unfair debt for $649,000 another improper CODE VIOLATION, deprived me electric service, unless I could remit a $5,000 payment to SDG &E. 5. Consequently these records are essential for establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation ofmy civil and constitutional rights, culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute of limitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). Signed Executed on this day of July 20, 2017 _fl-~-~01.~v._U=-o--.--13~~--=o'--¼-r--!G,.,..,Ji~Vl~t-___ Catherine Bryan Appellant Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 SENT VIA PRIORITY MAIL 7126/2017 City of Carlsbad Mayor Matt Hall; City of Carlsbad Council Member Keith Blackburn; City of Carlsbad Council Member Mark Packard; City of Carlsbad Council Member Cori Schumacher; City of Carlsbad Council Member Micbael Schumacher. City of Carlsbad, 1200 Carlsbad Village Drive Carlsbad, California 92008 Re: One Time Opportunity to A void Expert Witness Fee Liability Dear City Council Member As you are aware, a review hearing of my property issues, is scheduled to be held at 9:00 am on July 18, 2017 when, Carlsbad City Council Members, are to consider the issues raised in my Administrative Appeal, pursuant to the legal requirements of Chapters 5-12, of California's Uniform Housing Code. My request for administrative appeal, frankly raises valid public corruption issues, disputing a number of the findings of Building Department Official Mike Peterson. Comprehensive administrative review of all related City of Carlsbad records, establishing facts of my deeply troubled history with City of Carlsbad Code Enforcement and Police Department [ see enclosure 1, my request for document production] is required in this case, in order to ensure a fair and neutral evaluation of my property issues. City of Carlsbad Attorneys, assert that I no longer own my home and property. This legal theory is quite incorrect, in order to establish that, no matter how many :fraudulent document have been recorded on title, I am the sole rightful owner of the real property located at 3 7 45 Adams Street in Carlsbad California, I have provided City Council Members with chain of title documents, as enclosures with this letter. A comprehensive review of all the above referenced records, is essential in this case, to avoid an eminent condemnation and demolition of my [property owner, Catherine Bryan's] beautiful historic adobe home of 65 years, located at 3745 Adams Street, in Carlsbad. As indicated within my request for an administrative appeal, my case requires careful review, of all pertaining documents, included frequent City of Carlsbad employee threats to, "take down my home," made from 2008 until 2017, essential to evidentially establish, 1 -,. Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 that City of Carlsbad's order to condemn, is highly influenced by factors of ongoing anger and hostility, rather than any legitimate concern for public health and safety. The established record of my ten year history of requests for internal affairs investigations, into municipal misconduct, strongly suggest this is a retaliatory code enforcement action, motivated by the bad feelings generated by my persistent and ongoing effort to get Code Enforcement Officer Scott Rudinger, an individual employed by City of Carlsbad for at least 20 years, criminally charged with the elder financial fraud crimes. Crimes that include, but are not limited, to Rudinger's direct participation with loan officer Carolyn Blake and George Morgan in misusing municipal authority to induce my commitment to a predatory, and non-funded home improvement loan for $649,000. So please carefully scrutinize and review each public record enclosed with the request, and similarly review each City of Carlsbad record, requested within my Affidavit in support of my Request for Document Production, here provided as Enclosure 1. Because of City of Carlsbad's Code Enforcement Department and Police Department records establish indisputable facts of frequent threats [enclosure 11 and ongoing dilatory aggressive hostility directed toward my family and my property since 2008, the information provided within the inspection report, must be carefully scrutinized for error. In light of the overt bias and continuing threats, expressed by City of Carlsbad agents and employees, toward my family and my property. I have, understandably, not felt at all comfortable, and trusting, of methods provided for obtaining neutral building inspector guidance and proper evaluations of deficiencies. This concern has prohibited me from following the normal procedure of opening permits and asking City of Carlsbad agents and employees to assist me to resolve any of the alleged deficiencies existing at my home. I HAVE, at great out of pocket expense, (se enclosure 2-Photos and City Dump Receipts) completely removed all the illegally dumped trash and old furniture, and also successfully removed two out of four abandoned vehicles. As to the remaining two vehicles, I have now initiated the legal process of clearly posting a daily storage rate, and contacting the last registered owner, a process required to place the storage liens, that will allow me to legally remove the remaining vehicles, as I was instructed to do by DMV. Because of the factors of ongoing hostility and overt threats, as discussed above, I have understandably felt I needed to obtain an independent evaluation of the condition ofmy Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 home, from expert consultants not employed by City of Carlsbad, where there is a clear conflict of interest. My expert witnesses, an attorney and his associate a qualified structural engineer, will testify at my pending July 24, 2017, Federal District Court hearing on my motion for preliminary injunction against Carlsbad's proposed demolition See enclosure 3 my fee agreement with my expert witnesses. My consultant experts conducted an evaluation of the inspection report, and of my home ad property, and then c proffered me a contractual agreement, [enclosure 3] requiring an initial retainer of $3,500.00, required for my experts to produce an expert witness declaration and then testify at my pending July 24, 2017 hearing on my Motion for a Preliminary Injunction, enjoining Carlsbad's continuing violation of my property rights, and prospective demolition of my home. My experts will testify at my hearing, that they have reached an independent expert determination and believe City of Carlsbad's Inspection Report is flawed and legally deficient on the following grounds: (1) Mike Peterson, lacks the necessary qualifications as a structural engineer, lacks the required certification as a mold specialist, and as such, lacks the essential qualifications required to properly analyze, and then testify to City of Carlsbad City Council, as to the alleged structural defects, and/or presence of dampness resulting in harmful mold in my home. Only expert opinions proffered by a trained structural engineer, and a certified mold specialist, would be legally sufficient for the purpose allowing City of Carlsbad to proceed with a summary demolition of my home. My experts are further prepared to testify that my home is NOT a dangerous building and there are no genuine threats to public health and safety existing within my private home, or anywhere on my property. My expert witnesses will testify that my home has no adverse health conditions, is adequately supported, has no "dangerously sagging beams." The Certificate of Completion ofmy historic adobe home was obtained in 1958 ( enclosure 4) predating the California Housing Act. (1965) Moreover, my home is safe dry and warm, being built of a combination of concrete and adobe brick, which holds the heat of the sun during the night. Other than the currently unoccupied south wing, none of my roofs leak, and each support beam is constructed of steel reinforced concrete. All my home's floors are 100% concrete, which are not, and cannot be "spongy" and my home's adobe walls, cannot conceivably be damp and deteriorated as fictionally and falsely described in City of Carlsbad's Notice. 100% of the area ofmy property exposed to public view, is, and always has been beautifully and attractively maintained. Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 Mike Peterson's arbitrary re-classification of my home from R-E, a residential family estate with ongoing agricultural use, to R-1 a single family residential lot, triggered a variety ofinapplicable codes, including Carlsbad's inapplicable demand to remove my two sail-boats, extracurricular cars and my two storage trailers; which as is provided within my three supporting notarized, affidavits, ARE NOT being used for residential occupancy. Prior to their recent removal, the two illegally abandoned cars, and illegally dumped trash and debris, were all consolidated near the rear of my property, well away from public view 2 and additionally concealed by tarps. As evidentially established by the sworn and notarized affidavits of Catherine Bryan, Jean Ann Sauers, and Duncan Faulkner; filed in support ofmy request for an administrative appeal; a number of false and fraudulent complaints against my property, by City Oceanside resident Thomas Arthur Charbonneau pretending to be a local neighbor. As provided under oath, in my three supporting affidavits, there are no individuals living outside my residence, in boats, trailers, or otherwise. Nor was any evidence of this type illegal activity, supported by any finding of facts within the inspection report. My son, Duncan Faulkner, now provides day and night perimeter security to ensure that no one illegally camps out anywhere on my property. Enclosure 32 provides City Council with a copy ofmy, yet to be signed expert witness fee agreement. As you can see from the unsigned contract, obtaining testimony from my expert witness consultants, will be fairly expensive, starting with my payment of an initial retainer for $3,500.00, an amount which with time and travel may easily cost me more than $10,000, before these matters are all favorably concluded. My consultants say the cost will eventually be recoverable from City of Carlsbad, once I legally establish that City of Carlsbad negligently issued a substantially Improper Notice of Order to Ccondemn and Demolish my Home. For this reason, if, within seven days of City Council's receipt of this REQUEST FOR WITHDRAWAL, I should receive a NOTICE OF WITHDRAW AL of City of Carlsbad's proposed condemnation. I could then, safely withdraw my motion for preliminary injunction, would not need to pay the expert witness fee initial retainer of $3,500.00, or additional expert witness fees if this matter should proceed to trial. In light of my fee waiver application, you may understandably question, as to how I can possibly afford to retain the services of expert witnesses. So I will explain. My sons' fiancee Jean Ann Sauers feels somewhat responsible for my current situation, Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 pursuant to her ex-boyfriend, Thomas Arthur Charbonneau's, numerous false complaints recently made to City of Carlsbad's code enforcement department and police department. [see Affidavit of Jean Ann Sauers filed in support of the Administrative Appeal of Catherine Bryan] and is also angry and outraged at the way she was frightened by City of Carlsbad law enforcement officers openly hostile conduct, during the scope of their gun-point, "Health and Safety Inspection" of March 29, 2017. Although I am elderly medically and financially challenged, Jean Ann Sauers is more than just modestly affluent, owning multiple income properties in Northern California, and multiple income properties in San Diego County. Consequently, I am quite fortunate, that Jean Ann Sauers has agreed pay whatever expert witness fees may be required to favorably resolve my issues. Jean Ann Sauers and my son Duncan Faulkner, who live with me, additionally plan to extensively remodel and upgrade my home once my title is properly restored. They plan to testify as to this fact, at the July 18, 2017 administrative review. Clearly however, this type of huge investment in upgrades to my home, would be risky and premature, before the Ninth Circuit Court of Appeals, reaches its final determination. CITY OF CARLSABAD'S CHALLENGE TO MY CONTINUING RIGHT OF OWNERSIDP OF THE PROPERTY LOCATED AT 3745 ADAMS STREET, CARLSBAD CALIFORNIA. Because attorneys Celia A, Brewer and Paul Edmonson (Enclosure 5) frankly dispute my ongoing ownership rights to the property located at 3745 Adams Street in Carlsbad. (hereinafter, "subject property") I have attached several certified document, provided by the U.S. Federal Bankruptcy Court, and the San Diego County Recorder's Office, and a copy of the binding U.S. Supreme Court ruling in Jesinoski et al. v. Countrywide Home Loans Inc. Case no. 13-684 (Decided Jan. 13, 2015) for the purpose of evidentially establishing my continuing ownership rights: a.) No secured junior liens encumber the subject property. According to the U.S. Federal Bankruptcy Court, the only lien encumbering the subject property, is the Novell Financial Deed of Trust ("Novell DOT") recorded in 2005, according to a Federal U.S. Bankruptcy ruling and the Closing Statement published by the trustee. (Enclosure 6.) Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 b.) According to the Novell DOT, recorded on November 18, 2005, by the originating lender at the San Diego County Recorder's Office, the subject property is owned in joint tenancy by two single women, Betty Bryan and Catherine Bryan, who ARE the joint borrowers in the 2005 transaction. (Enclosure 7.) c.) On January 25, 2007, the creditor improperly rejected the Bryan's qualified, bank approved offer to fully tender of the loan principal balance. (Enclosure 8.) d.) On February 25, 2007 the Novell DOT and its associated Power of Sale was lawfully voided by property owners, Betty Bryan & Catherine Bryan pursuant to 15 United States Collection Code, 1635 (b)) Regulation Z §§ 226.15(d)(l), 226.23(d)(l). As a result the Novell Note, previously encumbering the subject property was automatically cancelled and thereafter the downstream creditor was required to return title and equity of to the Bryan family residence to the rightful property owners; Betty Bryan and Catherine Bryan; a right that now must be nationally enforced pursuant to a recent binding U.S. Supreme Court ruling (Jesinoski, et ux. v. Countrywide Home Loans, Inc. et al., (2015) 135 S. Ct. 790); (Enclosure 9.) e.) According to the Trustees Deed Upon Sale, recorded in 2009, by foreclosing beneficiary MTGLQ Investors L.P., the two Trustors of Novell DOT promissory note, are Betty Bryan and Catherine Bryan. (Enclosure 10.) f.) On the date of 4/12/2010, foreclosing beneficiary MTGLQ Investors October 23, 2009 Trustees Deed Upon Sale was rescinded and cancelled pursuant to the applicable provisions of California Civil Code 1695.13 "It is unlawful for any person to initiate, enter into, negotiate, or consummate any transaction involving residential real propertv in foreclosure, as defined in Section 1695.1; if such person, by the terms of such transaction, takes unconscionable advantage of the property owner in foreclosure." (Enclosure 11.) Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 g.) Pursuant to my age of 67-years, painful level of ongoing disability, ( enclosure 12) and my temporary loss of well over $2,000,000.00 of my rightful remaining home equity, it is impossible to for me to either relocate or meet City's legal requirement to immediately institute w.ell over $100,000 in mandatory upgrades and repairs to my home of sixty- five years, until the Ninth Circuit Court of Appeals, rules on my dispositive Truth In Lending issues, and requires foreclosing beneficiary MTGLO Investors L.P. to properly restore my title and my missing $2,000,000 in unused equity to the subject property, in accordance with the applicable provisions of the Truth in Lending Act's pertaining regulation Z. (Jesinoski et al. v. Countrywide Home Loans Inc. (Case no. 13-684 (Decided Jan. 13, 2015); "the Court unanimously ruled that borrowers may exercise a right to rescission by simply notifying creditors of their intent to rescind a loan within three years after receiving the loan if the lender did not disclose the borrower's three-day right to rescind. No court action is required." (Enclosure 13.) My hearing on my motion for preliminary injunction against City of Carlsbad's Condemnation Order, is scheduled for July 24, 2017. If Carlsbad chooses to further prosecute its proposed condemnation, Expert Witness Testimony will be essential to support case. If my motion is denied, at the District Court level, the ruling would be appealable to the 9th Circuit Court, where; (1) a stay on appeal would likely issue (2); my two pending appeals would then be consolidated on my [Appellant's) motion. My expert witnesses have granted me A SEVEN DAY EXTENSION, of my expert witness fee contract payment deadline. As you can see, time is of essence, so please respond to my issues as soon as possible, by contacting Duncan Faulkner at 760 277-1392, or, Jean Ann Sauer at telephone number (760) 802-1942, and indicate, whether or not, City of Carlsbad, plans to withdraw its condemnation order/notice. Very Truly Yours, .A . UM Catherine Bryan cc. Building Official Mike Peterson; Celia A, Brewer; Paul Edmonson; at City of Carlsbad. Enclosures: as indicated above. Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 ENCLOSURE 1 ENCLOSURE2 ENCLOSURE 3 ENCLOSURE 4 ENCLOSURE 5 ENCLOSURE 6 ENCLOSURE 7 ENCLOSURE 8 ENCLOSURE 9 ENCLOSURE10 ENCLOSURE 11 ENCLOSURE12 ENCLOSURE13 INDEX OF ENCLOSURES REQUEST FOR DOCUMENTS PROOF OF CORRECTION EXPERT WITNESS FEE AGREEMENT CERTIFICATE OF COMPLETION 2013 LETTER FROM CITY ATTORNEYS U.S. BANKRUPTCY CLOSING STATEMENT NOVELL DEED OF TRUST DANA CAPITAL REFINANCE NOTICE OF TILA RESCISSiON TRUSTEES DEED UPON SALE CA. CIVIL CODE 1695.13, RESCISSION OF TRUSTEE SALE PHYSICIAN'S DIAGNOSIS BINDING RULING IN JESINOSKI V. COUNTRYWIDE 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 Enclosure 1 1 ATTENTION CITY CLERK FOR THE CITY OF CARLSBAD PLEASE TAKE RECIEPT OF: CATHERINE BRYAN'S AFFIDAVIT; 2 In Support of Appellant's Re9.uest for Production of City of Carlsbad's Production of; Specific Building Department, Code Enforcement Department, 3 Fire Department, Police Department and City Attorney Records, as referenced Within this Affidavit. 4 This Notarized, Affidavit itself, along with the Requested Records, are Essential to 5 Support The Issuesi-Sg~cifically Raised in Ap2ellants Request for an Administrative Ap_Q_~al_Scheduled ror-Hearing at 9:00am July 18, 2017 6 On ~ot1ce for Order To Repair or Condemn, . . The Prope~ located at 3 7 45 Adams Street 7 Carlsbad, CA 92008 APN # 205-270-13-33 8 9 10 11 I, Catherine Bryan, Appellant, in the administrative appeal scheduled for 12 hearing before the Carlsbad City Council at 9 am, July 18, 2017 declare all that 13 following statements are true and correct and made according to my personal 14 knowledge. 15 1) My home's electric service was terminated in 2008, not in 2012, as City of 16 17 18 19 20 21 22 23 24 25 26 27 '")0 Carlsbad's Notice erroneously alleges. The reason for SDG&E termination can be established by Carlsbad Code Enforcement, Fire and Police Department records, which will evidentially establish that an unknown individual $et fire to a large RV, illegally parked under the large, hundred foot tall palm trees, located on the city street in front of my home, in my absence. Jim Bobbit, my neighbor across the street, reported the fire, which was quickly extinguished by City of Carlsbad Fire Department. The fire was so hot that it blackened the pam trees, and melted the asphalt on the street, where the damage can still be seen now in 2017. The fire also burnt up the electric lines running to my home. City of Carlsbad records will establish that the City thereafter; ( 1) improperly towed the huge burned up RV onto my property, where having no paperwork or knowledge as to the owner I was unable to successfully remove it for many 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 2 months; (2) City of Carlsbad records will further establish that the City, never followed up on, or investigated my claim, that the RV was set on fire, as a deliberate act of arson by an individual who was attempting to set fire to my carport in the hopes it would spread to my roof. Subsequently the City of Carlsbad (1) sent me an invoice for $4,000, for the burned up electric lines, and thereafter, SDG&E held me responsible, as the property owner, demanding a restitution payment of $5,000, sufficient to pay for the damage, in order to restore my electric power .. Code Enforcement Department records will establish that thereafter, City of Carlsbad sent me a code violation, for the burned up RV that the City itself had improperly placed on my property. Now City of Carlsbad, appears to hold me responsible, for not having electric service, in the same manner it held me responsible for the burned up RV, that the City itself, improperly towed onto my property. If required by City Council, these facts ca be further established by elder rights attorney, Lois Kelly, clkelly@seniorlaw- sd.org) who attempted to negotiate with SDG&E, to restore our electricity, without paying a substantial ($5,000) sanction. Lois Kelly warned me that she had attempted to reason with SDG&E, in many similar elder rights cases, without success. 2) City of Carlsbad records will provide conclusive material evidence, that I have been routinely threatened with adverse code violations, since 2005, threats that can clearly have no relationship to any of alleged public nuisance situations or "defects in my home" through City of Carlsbad's own records ofmy multiple citizen complaints sent attention Investigation Sergeant, 2560 Orion Way Carlsbad California, therein reporting and complaining as to City of Carlsbad's Code Enforcement Officer and Police Officer, continuing abusive verbal threats to use code violations to "take my house down," made on multiple occasions between the years of 2012 and 2017, including the explicit 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 threat of adverse code violations, made by CPD Officer Simmons on the date o May 21, 2013 in incident# 34228, when, officer Simmons demanded to inspect my two sail boats, in my absence. Individuals working in my yard, denied him permission without my presence and consent, informing Officer Simmons that I would return later that afternoon, when I would in all probability, allow Officer Simmons to inspect my two sail boats. Officer Simmons then threatened, that that ifhe was not immediately allowed to inspec the boats, he would return the next day with a code enforcement officer, who would look for every possible code violation within my home and property, verbally boasting as to the fact that Officer Simmons was personally involved in the involuntary code inspections conducted in the spring of 2005, where parties identifying themselves as Code Officer Scott Rudinger and "attorney" George Morgan II used threats of adverse condemnation to intimidate, force and terrorize, me, and my then, 84-year-old mother, to sign for a predatory home improvement loan, in which thereafter, the loan officers criminally embezzled the majority of the loan funds. 3) City of Carlsbad's pertaining records, between the years of 2008 and 2017, will provide conclusive material evidence, that I have been routinely threatened wit adverse property condemnation, through records of my numerous related citizen complaints, as to the continuing threats, reporting in detail, facts of continuing improper code officer and police officer harassment. In each instance my detailed complaint was filed with internal affairs, and in most instances a related communication was concurrently delivered to the Attorney for the City of Carlsbad between the years of 2008 and 20 I 7. 4) California Penal Code §832.5 requires "(a) Each department or agency in this state which employs peace officers shall establish a procedure to investigate citizens' complaints against the personnel of such departments ....... "(b) 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 LI. Complaints and any reports or findings relating thereto shall be retained for a period of at five years. (CCP §832.5.) 5) It has been established as a matter of record, that I reported Code Officer Scott Rudinger to the San Diego District Attorney and the FBI, for Rudinger's participation in improperly using code violations to induce my mother and I to commit to a predatory, and non-funded, home improvement loan in the spring of 2005. Under these circumstances, municipal officers, frequent and continuing threats to "find every possible code violation," must be viewed as retaliatory harassment, and not arising from any genuine public endangerment issues existing at my home and property. 6) Carlsbad is legally required to maintain records of my multiple citizen complaints, as provided in specific detail below, made between the years of 2008 and 2017, timely reporting police officer, code officer, unreasonable threats and harassment. Although I do not recall the exact dates and times, of each of the following incidents, nor have I retained copies of my subsequent internal affairs complaints, City of Carlsbad's own, legally required records, will further establish the following facts; (a) As accurately reported by my son, Duncan Faulkner on May18, in 2013 at 10:27 am, my son, encountered MGLQ Investor's L.P. attorney of record, Sara Markert, walking around on my property. She was asked to leave. (b) It is no coincidence that City of Carlsbad Police Officer; Simmons demanded to inspect my boats, and simultaneously threatened me with adverse code violations on my home, shortly thereafter, on the date of May 21, 2013. (see in police incident report# 34228, and my related internal affairs complaint) ( c) Is is easily established, as a matter of record, that NEVER on any occasion, has any member of my family, or any other person, been criminally charged, arrested, or even investigated for committing a crime, who was lawfully 1 2 3 4 5 6 7 8 9 10 11 1;:; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 residing within my home. My son Duncan Faulkner is twenty-six years old, has no criminal record, and has never, in his life, at any point, been accused or investigated for committing any crime. (d) Sometime in 2013, or 2014, a team of City of Carlsbad Police Officers, surrounded my home, entering my home from the front and rear entrances. Two officers seized Duncan Faulkner and made him stand outside the front of our home, while another team of officers searched the interior of our residence. In . this instance, the officers explained to Duncan Faulkner, they were within their rights to search our home with two Police Dogs, because someone in the neighborhood reported they heard, "a woman yelling," and also stated the yelling had "suddenly stopped," and the officers explained that they needed to search our home in order to determine whether ... "Someone was at risk." On this occasion, the officers brought in two police dogs, to aid in their warrantless search of my home. The officers interrogated my son Duncan Faulkner, at length, at least 45 minutes, asking him if he knew a number individuals he had never heard of When Duncan Faulkner challenged the interrogating officers as to the true purpose of the unreasonable interrogation, the City of Carlsbad officer frankly explained that his superiors at City of Carlsbad, "plan to take this place down." When my son informed me as to the details of what had occurred, I immediately filed an official complaint with the Investigative Sergeant 2560 Orion Way Carlsbad California, a record which must be provided to the reviewing Members of City Council. (e) Subsequently sometime in the summer or fall of 2014, I was unexpectedly awakened by a team of law enforcement officers, surrounding my bed, pointing guns at me, and instructing me not to move. The team of Carlsbad police officers explained that they were searching for a "fourth waiver" individual who had missed his probation appointment, that the officers believed was hiding 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 6 within my home. An individual named Brian Quick, even though I protested that Brian Quick, at no point in time, ever resided within my home, the officers proceeded to search every room of my home, not just looking for an individual, but looking through all my drawers, closets, and personal possessions, searching every room in my home. Approximately 90 minutes later, the officers admitted to having made a mistake and suddenly left. The officers stated Brian Quick, who sometimes pulled weeds and did other yard work for me, had just been arrested somewhere else. Thereafter, I filed an official complaint with (1) Investigative Sergeant 2560 Orion Way Carlsbad California, (2) the attorney for city of Carlsbad, these records should be provided to City Council, as they further establish City of Carlsbad's ongoing unconstitutional conduct in service of their police officer's clearly stated agenda of his superiors, at City of Carlsbad, to find some kind of evidence useful for their stated purpose of "taking my home down." (f) At 9:00 am on July 10, 2013, I encountered Code Officer Scott Rudinger, on my property, taking photographs ofmy sailboats. I had not seen Rudinger, since the spring of 2005, when he [Rudinger] was involved in the predatory mortgage embezzlement scam, with Rudinger' s close associate George Morgan II, that involved George Morgan's own request for building inspection of my home (according to chief inspector Patrick Kelly.) I immediately, reached out to City Administrators demanding an official investigation and intervention. (g) City of Carlsbad's building department records of spring of 2005 wil establish that Lincoln Mutual Mortgage Officer, Loan Officer, Carolyn Blake, falsely alleged to the City of Carlsbad building department she had a signed, Quick Claim Deed (that was forged) giving Carolyn Blake ownership rights to the property at 3 7 45 Adams Street in Carlsbad, and needed to open building permits because she [Carolyn Blake] intended to "develop" our property. 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 (h) City of Carlsbad's building department records of spring of 2005 will establish the fact that George Morgan requested building inspections of our home. (i) City of Carlsbad's Code Enforcement Department records in 2005 will establish facts of the mandatory correction list, used to force my mother and I, to assume a clearly predatory home improvement loan. A code correction list, that Code Officer, Scott Rudinger, was fully aware, was erroneously generated, o a falsely alleged basis of a prospective change of ownership by Carolyn Blake and George Morgan, establishing conclusive evidence of Scott Rudinger's knowing application of housing codes that he [Rudinger] knew full well, would not apply to a family owned and occupied home, where the final building inspection was obtained in 1957, predating the newer housing codes. G) An official responsive communication dated July 17, 2013 signed by City Attorneys Celia A. Brewer and Paul Edmonson, addressed to me, Catherine Bryan, will accurately conclusive establish facts of City of Carlsbad's ongoing policv of administrative indifference to subordinate code officer, and police officers, outrageous conduct and continuing unconstitutional harassment of me and my family, issued in response to my May 6, 2017, material evidence of Scott Rudinger's clear and obvious collusion with MTGLQ Investors L.P. and who once again, attempted to improperly apply and use, use "code-violations" as tools to destroy and demolish my home before the Ninth Circuit Court of Appeals can rule as to whether down-stream title holders, MTGLQ Investors L.P are legally required to return the title and equity of the Bryan family home, to the Bryan's rightful possession, no later than February 25, 2007, pursuant to Section 1635(f) Truth-in-Lending-Act ("TILA")and Regulation Z, pursuant to my valid February 5, 2007 rescission and associated refusal to accept a full payment of the equitably rescinded balance on February 5, 2007, and pursuant to the binding 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 8 Supreme Court ruling in Jesinoski v. Countrywide Home Loans, Inc.,( 2015) WL 144681. I, Catherine Bryan, 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. Signed Executed mi this day of ,kA Or:. 3 , 2017, ~.1-"fz,~ Catherine Bryan; appellant. See Attached Acknowledgment CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document (Notary to cross out lines 1-6 below) o See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 Su.. r'\ '!:>'i~ o Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 6"<cl day of Tu~ , 201:J__, by Date Year (1) c~:\'n~l{\Q.... ~~ (and (2) ~ J 1'L ), Namelf of Signe_p(tj proved to me on t~~basis of satisfactory evidence to be the person.ts) who appeared before me. Signatur~ J<J___ Signature of Notary Public --------------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: _______________ Document Date: _____ _ Number of Pages: __ Signer(s) Other Than Named Above: _____________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 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 Enclosure 2 2 PALOMAR TRAitl~ 5960 EL CAMINO REAL CARLSBAD, CA 92008 05/27/2017 13:45:44 CARD# [NVOICE ;EQ #: 3atch #: lpproval Code: :nlry Method: 1ode: ·ax Amount: CREDIT CARD VISA SALE XXXXXXXXXXXX0814 0052 0042 000122 04428D Chip Read Offline $0,00 E:CK CUSTOMER L-Yr. 2 6,380 5,040 1,340 0.00 Scale In Scale Out ;AlE AMOUNT $44.22 ription 100% CUSTOMER COPY Sionature: 54 Ticket #: 1600560 Weighmaster: IN --RAMOSAL OUT -gomezda In: May 2 7, 201 7 1 : 2 0 pm Out : May 2 7, 201 7 Vehicle: CD Ref: 6380 40CC BOL: INBOUND CASH Rate Extension $66.00 $44.22 Tax $0.00 Total Paid Change .EDIT CARD-SCALE 1: 4 4 pm Total $44.22 $44.22 $44.22 $0.00 V %:j·. . {a PALOMAR TRANSFER STA 5960 EL CAMINO REAL CARLSBAD1 CA 92008 ,,,/27/2-017 09:45:07 CARD# O,ip Card: Chip Card AID: ATC: TC: INVOICE SEQ#: Batch#: Approval Code: En~y Melhod: Mode: SAlEAMOUNT CREDIT CARD VISA SALE XXXXXXXXXXXX0814 Visa Credit A0000000031010 0034 EBF0CA5117DB1669 oo:n 0021 000122 05649D Chip Read Issuer $28.15 CUSTOMER COPY Signature: ~CK CUSTOMER -CASH 2 1.00 ription Scale In Scale Out 100% 54 Ticket #: 1600359 Weighmaster: ESCOTES In: May 27, 2017 Out : May 2 7 , 201 7 Vehicle: M23 Ref: BOL: INBOUND CASH Rate Extension Tax $0.00 $28.15 $0.00 Total Paid Change .EDIT CARD-SCALE 9:44 am 9: 44 am Total $28.15 $28.15 $28.15 $0.00 V PALOMAR TRANSFER STA 5960 EL CAMINO REAL CARLSBAD, CA 92008 05/28/2017 11:20:12 CARD# INVOICE SEQ#: Batch#: Approval Code: Entry Method: Mode: Tax Amount: SAlE AMOUNT CREDIT CARD VISA SALE XXXXXXXXXXXX0814 0014 0012 000123 07575D Chip Read Offline $0,00 $42.24 CUSTOMER COPY Signature: ,CK CUSTOMER rYr. 2 6,460 Scale In 5,180 Scale Out 1,280 0.00 ription 100% 5.:J Ticket #: 1600818 Weighmaster: IN -arangmi OUT -padilan In: May 28, 2017 10:57 am Out: May 2 8, 201 7 Vehicle: CD Ref: 6440160cc BOL: INBOUND CASH Rate Extension $66.00 $42.24 Tax $0.00 Total Paid Change EDIT CARD-SCALE 11:19 am Total $42.24 $42.24 $42.24 $0.00 V PALOMAR TRANS~ 5960 EL CAMINO REAL CARLSBAD, CA 92008 lJJ/ LB/2017 15:32:32 CARD# INVOICE SEQ#: Batch#: Approval Code: Entry Melhod: Mode: Tax Amount: CREDIT CARD VISA SALE XXXXXXXXXXXX0814 0049 0045 000123 00366D Ch~ Read Offl01e $0.00 CK CUSTOMER -Yr. 2 6,900 5,280 1,620 0.00 Scale In Scale Out SALt AMOUNT t~146 iption 100% CUSTOMER COPY Signature: 5,1 Ticket #: 1600966 Weighmaster: IN -LOPREAR OUT -padilan In: May 28, 2017 Out: May 28, 2017 Vehicle: CD Ref: 6880/60.CC BOL: INBOUND CASH Rate Extension -Tax $0.00 $66.00 $53.46 Total Paid Change .EDIT CARD-SCALE 3:02 pm 3:31 pm Total $53.46 $53.46 $53.46 $0.00 V PALOMA~TA 5960 EL CAMINO REAL CARLSBAD, CA 92008 )5/29/2017 15:35:11 CREDIT CARD VISA SALE :ARD# XXXXXXXXXXX>:0814 :hp Card: Visa Credit :hip Card AID: A0000000031010 ITC: 0041 ·c: 2896FA4CCC123B78 NVOICE 0034 iEQ#: 0028 latch#: 000124 1pproval Code: 05477D :ntry Method: Ch~ Read 1ode: Issuer ;AlE AMOUNT ~34.32 CUSTOMER COPY :ECK CUSTOMER E Yr. 2 6,320 5,280 1,040 0.00 ription Scale In Tare Out 100% 54 Ticket #: 1601176 Weighmaster: gomezda In: May 29, 2017 Out : May 2 9, 2 O 1 7 Vehicle: a777 Ref: BOL: INBOUND CASH Rate Extension $66.00 $34.32 · Tax $0.00 Total Paid Change .EDIT CARD-SCALE 3:34 pm 3:34 pm Total $34.32 $34.32 $34.32 $0.00 V PALOMAATRANSFtk STA 5960 EL CAMINO REAL CARLSBAD, CA 92008 v.1u4/2017 14:25:30 CREDIT CARD VISA SALE CARD# XXXXXXXXXXXX0814 Chip Card: Visa Credit Chip Card AID: A0000000031010 ATC: 0050 TC: DFBB6086EADAF2EB INVOICE 0046 SEQ#: 0042 Batch#: 000130 Approval Code: 09544D Entry Method: Chip Read Mode: Issuer SAlE AMOUNT $49.80 CUSTOMER COPY Sianature: 54 Ticket # : 1604101 Weighmaster: padilan ~CK CUSTOMER ~ Yr. 2 6,760 5,280 1,480 0.00 ription Scale In Tare Out 100% In: June 04, 2017 Out: June 04, 2017 Vehicle: a777 Ref: BOL: INBOUND CASH Rate Extension $67.30 $49.80 Tax $0.00 Total Paid Change EDIT CARD-SCALE 2:25 pm 2:25 pm Total $49.80 $49.80 $49.80 $0.00 V PALOMAR Tk)NSf'ER STA 5960 EL CAMINO REAL CARLSBAD, CA 92008 05/29/2017 12:29:33 CARD# Chip Card: Chip Card AID: ATC: TC: INVOICE SEQ#: Bat.ch#: Approval Code: :ntry Method: ~ode: CREDIT CARD VISA SALE XXXXXXXXXXXX0814 Visa Credit _A0000000031010. 003F 9B28896D22D0608D 0017 0014 000124 06093D Chip Read Issuer ;AlE AMOUNT ~2.90 CUSTOMER COPY r, .! ----..L - ----- £CK CUSTOMER ~ Yr. 2 6,580 Scale In 5,280 Tare Out 1,300 0.00 ription 100% 54 Ticket #: 1601104 Weighmaster: gomezda In: May 29, 2017 Out: May 29, Vehicle: a777 Ref: BOL: INBOUND CASH Rate ·Extension $66.00 $42.90 2017 Tax $0.00 Total Paid Change .EDIT CARD-SCALE 12:29 pm 12:29 pm Total $42.90 $42.90 $42.90 $0.00 V 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 Unit Description 1.00 EA MSW Origin: CARLSBAD 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 1:31 pm 1: 31 pm Total $28.15 $28 .15 $28 .15 $0.00 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 Scale In Scale Out 100% 54 Ticket #: 1599402 Weigbmaster-: 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 Chanae 11:11 am 11:11 am Total $28.15 $28 .15 $28.15 .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 Unit Description 1.00 EA MSW Origin: CARLSBAD 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 3: 19 pm 3:19 pm Total $28.15 $28. 15 $28. 15 $0. 00 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 100% 54 Ticket #: 1595328 Weighmaster: juareom In: May 16r 2017 Out: _ May 16,. 2017 Vehicle: M23 Ref: BOL: INBOUND CASH Rate Extension $0.00 $28.15 Tax $0.00 Total Paid 3: 02 pm 3:02 pm Total $28.15 $28 .15 $28.15 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 Unit Description 1.00 EA MSW Origin: CARLSBAD 100% 54 Ticket #: 1572248 Weighmaster: gomezda In: March 28, 2017 Out: March 28, 2017 Vehicle: M23 Ref: BOL: INBOUND CASH Rate Extension $0.00 $28.15 Tax $0.00 Total Paid Change 3:14 pm 3 :14 pm $28.l:': $28 .15 $28. 15 $0. 00 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 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 2:50 pm 2:50 pm Total $28.15 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 Enclosure 3 3 June21,2017 Catherine Bryan 3745 Adams St. Carlsbad, CA 92008 RE: Expert Witness Services Fee Agreement Dear Catherine Bryan, Sent via US Mail Enclosed please find the Expe1i Witness Services Fee Agreement. Please review, sign, and return two (2) to our office and keep one ( 1) for your records, If you have any questions, please contact our office for an appointment. Kelsall & Associates PC /tc cc: file ··'.!'," ,,.;·_' _ ... _,.,._,,._ ,_,·.~ •' .-•. -, ~·-• •. -:.c .".!' .-·;·. ·•• --~ -_., .. F _,._ 'C"_ ·.''.·: ,- ~ .' .' ..: . , . _, .~ ,- June 20; 2017 Catherine Bryan 3745 Adams St. Carlsbad, CA 92008 Re: Expert Witness Services Fee Agreement Dear Ms. Bryan: attorneys at law This letter confirms the terms and conditions upon which Samuel Kelsall V, Esq. will provide expert witness services to Catherine Bryan. A written agreement is advisable otherwise to minimize the possibility of any misunderstanding between Samuel Kelsall V, Esq. and Catherine Bryan. Please read with care the terms and conditions upon which Samuel Kelsall V, Esq. is willing to accept acting as an independent contractor expert witness for Catherine Bryan. If the terms and conditions are acceptable to you, please execute where indicated below and return the two executed copies to the undersigned. Please retain one copy of this letter for your files. Upon acceptance of the representation, Samuel Kelsall V, Esq. will send a copy of the executed fee agreement to you. The tenns and conditions of the attorney fee agreement ("Agreement") are: 1. PARTIES TO AGREEMENT . . The parties to the Agreement are Samuel Kelsall V, Esq. (''Samuel Kelsall V, Esq.") and Catherine Bryan ("Client"). 2. SCOPE OF SERVICES. Samuel Kelsall V, Esq. will provide independent expert witness services and consultation regarding the following: a. Expe1i Witness Services; b. Expert opinions concerning acts and failures of the City of Carlsbad, California; c. Expert witness testimony in Client's matter; d. Deposition testimony; e. Expe1i Witness Declarations; and f. Any other expert witness services assigned by Catherine Bryan to Samuel Kelsall V, Esq. 2921 Roosevelt Street" Carlsbad. CA 9900.9 Letter to Catherine Bryan Date: June 20, 2017 Page 2 of 5 3. DUTIES OF CLIENT. The Client shall comply with all reasonable requests.of the expe1i-in connection with this matter the preparation of the claims and/or defense of the Client. Client will be truthful and cooperative with Samuel Kelsall V; keep Samuel Kelsall V reasonably informed of developments and of Client's address, telephone number, e-mail address, cell phone number, pager number and whereabouts; and timely make any payments required by this Agreement. 4. EXPERT WITNESS FEES. _CatherineBryanwill pay to Samuel Kelsall V, Esq, the following sum perhourfor the expert witness services provided under this Agreement: E~pert witness: . ·---$550.00 · . Expert witness will charge for all activities undertaken in providing ex:pert witness services to Client under this Agreement, including, but not limited to; the foilowing: _ conferences, preparation, drafting, any other participation; correspondence and legal documents (review and preparation); legal research; telephone conversations and travel._ Partner Associate Attorney Paralegal Secretary Regular rates $550.00 per hour $350.00 per hour $200.00 per hour $ 95.00 per hour Pre-Conclusion $300.00 $190.00 $109.00 $ 51.75 Post-Conclusion $250.00 $160.00 $ 91.00 $ 43.25 Samuel Kelsall V will charge for all activities undertaken in providing expert witness services to Client under this Agreement, including, but not limited to, the following: conferences, preparation, drafting, any other participation, correspondence and legal documents (review and preparation); legal research; telephone conversation and travel. Client acknowledges that Samuel Kelsall V has made no promises about the total amount of attorney's fees to be incurred by Client under this Agreement. Client agrees to accomplish those things, which are assigned that Attorney may be forced to undertake those tasks as additional cost to Client. Client shall pay as legal fees in this case, the hourly fee above'. Client shall pay the amount of attorney's fees incurred at the normal billable rate of all attorneys who work on this matter whether from the defendants in the lawsuit,.theirinsurers, or any other source of payment of any settlement or judgment. The Client agrees to bear the cost, disbursements and expenses incurred by the expert in advancing the Client's interest in addition to the expert fees. Those costs including photocopying, deposition and trial transcripts, computerized legal and factual research, long distance telephone calls, telecopying, expert fees, legal fees paid to other law firms, consulting Letter to Catherine Bryan Date: June 20, 2017 Page 3 of 5 fees, transcripts, printing and binding of documents, service of process, filing fees, court fees, co~rt reporter fees, sanctions, jury fees, video graphic charges, _travel costs, transportation costs, accommodation costs for long distance travel and secretarial fees,. Upon written request by Client, Samuel Kelsall V will provide copies for any major cost or expenses incurred for this matter. Samuel Kelsall V shall not be obligated hereby to provide an accounting to Client. Bills for minor expenses need not be available for client's review. The Firm in its discretion may advance such costs and other expenses as they deem necessary, for which reimbursement will be subsequently made by Client. 5. COSTS. . . .. Catµei:ine Bryan wiU pay all '1costf'" in connection with this Agreement. · Cost wiU:be -- advanced· by Samue}Xeisall V, Esq. and then.billed to _Citherine Btyan. _Costs in.elude, but are riotlimited-to filing fees~ messenger service fees, photocopying expen.se:s, mailing of express .· .. m~il, pOstage, overnight delivery charges, service of process, and computer research time. Dep9sitionfees must be paidin~dvance~ · . . . . . 6. · DEPOSIT. Client agrees to pay to Samuel Kelsall V, Esq. a deposit of Three Thousand Five Hundred Dollars ($3,500.00) to be received by Samuel Kelsall V, Esq. on or before July 3, 2017 and to be applied against expert witness fees and costs incurred by Client(s). Samuel Kelsall V, Esq. will deposit this amount in an interest-bearing Trust Account. Client authorizes Samuel Kelsall V, Esq. to withdraw the principal from the Trust Account to pay expert witness fees and costs as Client incurs them. Any interest earned will be paid, to the State Bar of California to expert witness services for indigent persons. The deposit is not refundable. Client agrees to maintain a balance of not less than Three Thousand Five Hundred Dollars ($3,500.00) with Samuel Kelsall V, Esq. an interest-bearing Trust Account until the completion of expert witness services for Client. 7. PAYMENT BY CREDIT CARD Samuel Kelsall V, Esq. is willing to accept credit card payments for sums due to Samuel Kelsall V, Esq. by Client on the following conditions: a. Client agrees that the dispute period (the time allotted by Client's credit card issuer in which the Client may dispute a charge made on Client's credit card) shall not exceed thirty (30) business days from the date of the charge being made; b. Client agrees that this shortened dispute period shall be binding upon Client with Client's credit card issuer in any dispute with Firm. Letter to Catherine Bryan Date: June 20, 2017 Page 4 of 5 8. STATEMENTS-AND PAYMENTS. . . . . . . . Samuel Keisall V, Esq. will send Client monthly statements jiidicating expert witness fees and costs. Samuel Kelsall V, Esq. may submit statements to Catherine Bryan on a weekly basis or as is reasonably necessary for the progress of Client's endeavor or other legal matters. Statements for services rendered and client advances become delinquent thirty (30) days from the date of mailing. Prompt payment will be appreciated, so that late paymel).t finance charges may be avoided. 9. TERMINATION OF EXPERT WITNESS BY THE CLIENT . . Catherine. Bryan shall have the right io. terminate and discharge Samuel Kelsall V, Esq. at . . •.. . ,. . . . . . any time .. . : . . -_·. :. . .· . -_ . . . . _: ... 10. WITHDRAWAL BY EXPERT WITNESS. Cathc:rme Bryan agrees that Sam~el Kelsall V, Esq. maywithdraw fr~m pr~viding services to the Catherine Bryan Upon written notice sufficient to.Catherine Bryan. Without limitation, Samuel Kelsall V, Esq. may withdraw from providing services: (1) for any reason authorized by law or the rules of professional conduct; (2) if evidence discloses that Catherine Bryan claim is without legal merit; (3) if Samuel Kelsall V, Esq. determines that he does not wish to provide additional services to Catherine Bryan; ( 4) in the event that the Catherine Bryan does not provide reasonable information or documents in support of her position(s); (5) Catherine Bryan's actions are not consistent with Samuel Kelsall V, Esq.'s recommendations, (6) Catherine Bryan's failure to perform pursuant to the terms of this agreement or (7) if Catherine Bryan is in material breach of this Agreement. 11. CALIFORNIA LAW AND SAN DIEGO COURTS This Agreement is deemed to have been executed, and is intended to be performed in the State of California, subject to its laws, regardless of whether services are actually rendered outside of the State. Any action to enforce the terms of, or any way, concerning this Agreement shall be brought in a court of law located in San Diego County, N01ihem Judicial District of the Superior Court of San Diego County, California. California law shall apply to the enforcement and construction of this Agreement. 12. NO PROMISES OR WARRANTIES. No promise, representation or warranty has been made by or for Samuel Kelsall V, Esq. in respect of this Agreement except as appears in this document. The Client acknowledges that you have had the opportunity to seek the advice of separate counsel with respect to this Agreement and have availed yourself of that opportunity to the extent that you deemed appropriate. Samuel Kelsall V does not warrant or guarantee that Ms. Bryan will be able to qualify Mr. Kelsall as an Expert Witness. Letter to Catherine Bryan Date: June 20, 2017 Page 5 of 5 13. COST OF COLLECTION In any action, including collection efforts prior to the initiation of legal proceedings and . any legal proceeding whatsoever, is instituted to collect past-due payments of fees and costs owed to Samuel Kelsall V, Esq. under this Agreement, Samuel Kelsall V, Esq. shall be entitled to reimbursement for attorney's fees and costs. 14. THIS AGREEMENT MAY BE SIGNED IN COUNTERPARTS AND FACSIMILES. This Agreement may be signed in counterpart. Facsi.mile signatures of Samuel Kelsall V,. Esq. and the Client shall be effective as an original signature. . . •• > • • •• ; • Thankyou fmchoosir1g Samuel Kels<ill V,Esq.· as yourexpert witness ~ith rdspectto the . above referenced matter. If you wish to seek the advice of other counsel in 1;espect to this Agreement, please feel free to (io SQ.· If the tenns and conditions of the engagement as set forth iii this document meet with your approval, would you please sign, date arid return the two . . originals of this Agreement to the undersigned. · . . This Agreement shall be effective when Samuel Kelsall V, Esq. receives an initial deposit of Three Thousand Five Hundred Dollars ($3,500.00), two executed Agreements and Samuel Kelsall V, Esq. accepts this representation on or before July 3, 2017. By: -------------- Samuel Kelsall V, Esq. Expert witness Accepted and agreed to: Date: ------------- Catherine Bryan Address: Cell Phone: ------------------- Telephone: _________ _ E-Mail: ------------ 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 Enclosure 4 4 ---i ' ~-~\ i 2 j t I -.--. ; 3 __ __, i 4 I i :----, f 5 i ,-.---1 l s I ' I ;____j ; 7 ! ~-~ I B i~I~ f-----1 l 12 1.1-1----~ 8;14 + f 15 ' i 16 .J/ 8 ~ ; I 19 I 20 21 22 23 MASTER PROPERTY RECORD 1.TAX COOE: ARE.A ;_ / ,,-'y;'JT I ASSESSOR"S DEPARTMENT. COUNTY OF SAN DIEGO. CALIFORNIA ----: :~-.. --~-~~g______ :3-5 -~-=-~-L ___ _ I IICFCRCMCE c-.Tt. LANO 1--=-==--==--=cr=-==-:.=-,------::-t PERSONAL EXEMPTIONS I NET TOTAL SOLVENT j TA>C SALE REMARKS J: _s Ci_·; 0 ;ixTuREs ::P~R='L. --;--------· __ 5_______ 5c1uo11..!? __ iRedee~~ _e&css.nEEERENCE.. ... _____j__ ---/-().(}_0 _'J_j_{} ___________ Ja.::fufh). ··-· ---·------·-----·--. I ~-''-tt------;-------+----·---+----+------t--~<-Q_Q_ ·-·------Z~/_O~ ·t-------r-'-------i _ ___ .2..r=_'-=a+-----+--·--t---~-----• /S /0 ___ I 760-i-----+-----+---'3,_ oq __ _Looq_ --tr-----r-----t-----r----+--d..t?J2. _/ooa -------·-+----i----·---·-----· --1------+-----+--------IO OD __ _,2.f°7.o _ ·--·-·-------!'------+-----+------+-----+----·-__/..O.L2J~,--------------1----1,---------· '"fj-"------,.-----;--------------1··-__/_(J__rlfL __________ -j-___ ------------i q , 4 S"o 61:i R ,,;. t ~--~~=o-i---------t-----,..-----r--------i---'--"--<-U.Lfl------i-----+----;-------~• 1,,...,-------;-t-7:..-----;----· .. ---·-----------+-----+---~--=4--~/ OJJ.o. -------,-.---1-~------=-+-tt-~~s10 I 3G"oo :i.1 s=o,_---+------j--~ ---t------------·-.-619~ & T~·-__ _ ~ _a+-----+----j--~.:?,._0:J.-t-r,--·····----------j---Pil9 ff a T ·-+1-------t------· ----<-·----------·------------·-·-11-------, ------·-··---------·-··--;------··-I ,----+---.:H---.....:......:.-1------+--'---+----+-----+-----Jt------t---·---t----r-----I 1----+-----'---+----ir---+--+------------------------·-"'11-----~-•·---··•----..-.---v, ___ '••---.-----·-·----•·•-·•-••,..•-... • 1---+-----+,...--,,--+.......,-r-f--'----.......;.........,-.......,-~-----·-·-·-------+---------------------~ .: k---1----...:_+--+-1;..--1--....;... _________________ -,...--Ji-------------------.. ------------'l---1-:--!----....:....:...:.. _____ ~-----------jf-------------------:-.,..---~ o. l ARB. !'lo. I L DESCRIPTION Thum Lands (Exce:pt Southwesterly 200 feet) NorthwesterJ.y l.95.03 feet of 2.802 Acre Pa.reel as per Record of' Sll.="Vey 1591 in Tract 236 0.98 aore 37 R ____. \ 39 l 1 I I 40 I ~ L__j 1 42 i ~l L.:_, I 44 ! tiE c§j l so! ~ I I f------, ' 52 i ~ 54 55 56 57 59 60 61 6Z 63 64 65 i ~ i 66 ' , I r-J ------ IF'··· JUN 3 O 2011 ZONE IJ.J § i.;;, E·A 5 Exclusive (.) Agrlculture, a: Chapter 21.07 (!) ,q: R-A Residential Agriculture, Chapter 21.08 R·E Rural Residential Estate, Chapter 21.09 R-1 ..,J Slngte-famlly ;$ i.;; Reslclential, ~ Chapter 21.10 Q .fa R-2 Two-family Q: Residential, Chapter21.12 R-3 Multiple-family Residential, Chapter 21.16 RO•M Residential Density-Multiple, Chapter 21.24 revised 1128/03 CITY OF CARLSBAD SUMMARY OF ZONING REQUIREMENTS* DEVELOPMENT STANDARDS PERMITTED USES LOT {minimums) SETBACKS or YARDS {minimums)° BUILDING (maximums) Area Wiclth Depth Front Side Rear Height Coverage 30 fl and 2 stories If roof Agriculture. Allows single-family homes as accessol)' 10 acres (a) 300 ft (b) 40 ft 15 fl 25 ft pitch ls at least 3:12 or 24 40% (c) uses only ft and 2 stories If roof pllch Is less than 3: 12 Interior: 10% of 30 ft and 2 stories If roof Agriculture, poultry, animals, 7,500 sf (a) 60 to 80 ft (b) 20 n (e} lot width (e), (f} pitch is at least 3:12 or 24 40% (C) and slngle-ramlly homes (d) Street: 10 ft ft and 2 stories If roof pftch Is less than 3:12 Slngle-famlly estates and 1--4 acres {g) 100 ft (b) 70ft (e) Interior: 15 ft 35ft 20% (b) _agriculture Street: 50 fl (e} .. ... . . Single-family homes, Equal to twice agr!cullure, and in flmlled (b) the required 40% (c} cases, duplexes side setback . 30 ft and 2 stories II roof 60 to 80 ft · Interior: 10% of pitch is at least 3:12 or 24 -20 fl (e) lot widlh (e), (f) (d) It and 2 stories 11 roof Duplexes, R-1 uses (except Street: 10 ft pitch Is less than 3:12 farm animals), and, in limlted 7,500 sf (a) (b) 50% cases, tri-and four plexes .. Mulll-lamlly dwellings, R-2 Interior. 10% of uses and, in limited cases, 60 ft (b) 20 fl (e) lotwidlh (I) 35ft 60% publlcparklng lots Street: 10 fl A!l lypes or dwellings over a 6,000 or 60ft (b} 20 ft (e) Interior: 5 fl {e) 10 ft 35ft 50 or60% {h} broad range of densities 10,000 sf (h) Street: 10 ft (e) Page 1 . •. I \ ' .· Courtvard area of adobe toda _.-·•·wlrr.··.-·•..._ •• t...wf.1Mn·w· .,. -. __ . :atherine Bryan poses 1ext to adobe under construction . : -··-!£ -.~ 't ~ ---. ,.. -i --~--~ . --. ' . i ------ ~ , .. \, ' -~} Catherine Bryan with her father; the adobe architect builder Clarence Bryan . . .· .· <:atherine Bryan witb;·. ·:,:r,_mother in 1954 Cathe ... ine Bryan i~ front of her adobe house in 1953 •,, .. , __ .•-. _ ...•• ,._ .•. _.· .,,,.et· lJL';FiWIIIR._ 111P --,.., t ;,.. ~· -a Catherine BryaJJ ffjtlJ drying'adobC bricks 1954 Cad•erine_ Bryan in ado~e under contruction in 1954 .··.·.., \ .. : .. _··.:{ 1952-1955 :li~f~{~'lii~~J PHOTOGRAPHS OF ADOBE UNDER CONSTRUCTION 1 Enclosure 5 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 5 t(rY OF CARLSBAD PAUL G. EDMONSON ASSIS1ANTCITf ATTORNEY RONALD KEMP ASSlSTANTC1W ATTORNEY : .. :· . ·, . ....... ··• .. ·}~lyl7,2p13· if ~:~ti: :RJii You0u1y ,15) io l31etter •. . . Dear Ms; Bryap.: · Your lettertnffom1~rJC;ity Attomey:,Rt?µaldR'B~Jl ( current City Attorney is Ms. Celia A. Bre,;ver) was forwarded £0 me. for a ~espouse. .. Please be advised that neither the City of Carlsbad nor •Sct>tt :Rudmgerare agents, employees, co- conspi:rators, aiders or ab'ettors; or auythu1g ~lse to or of Goldman S~chsBank, MTGLQ Invest~rs, LP., Litton Loan Servic~s, BiHKoch, Select Portfolio Services, or any combination thereof. Mr. Scott Rudinget is the City of Carlsbad's sole Code En.forcementOfficer. ·. .. . Mr. Rudinger enforces the Carlsbad Municipal Cod.e as it relates to zoning, building, and other health and safety related issnes of rnal prnperty. The City receives code complaints from various sources and quite ofteµ the complaints are received from one or more neighbors to a violator's property, These~hbors want the. City to intervene irt ah effort to getthe violator's property brought back into compliance with thtm-wticipa1 co<:le: lJnger California la\\'.,Jhe identity of a complainini{party> \¥hether H ~i your rieigh9or{a polib~'officer, •at based on Mr: Rudinger' s ... personal observation is confidential.Theretore; the City tvill not disclose to you the name of a , c~mp1aining or reporting party. In your letter you stated that the City of Carlsbad sent you a Final Notice ( dated July 11, 2013) regarding a code violation 1 at yot!f property. Reviewing the Cock Enforcement file, 1 noted that a Courtesy Notice (dated June 11;2~T3) and a Finr:il Notice (dated June 27; 2013) were sent to the property owner ofrecotd; MTGiQ Inves:tots, LP, C/O Litton Loan Servicing 4828 Loop Cenira! Drive, Houston, Texa:s 77:0:81. The City obtained this informafam from Corelogie R.ealQuftst Professional. a company that provides real propeey ownership 1rifortmiti<m. I unqerstand that it 1 'Parking/storing two boats and bobcat in the front yard setback in violation of CMC § 21 .44.060 Ojfser Parking - Residential Zones ·~· www.tarl,sbadca.gov · ·~~ 1200 Carlsbad Village Drive, Carlsbad, ,CA92008-1949 T 760-434-2891 F 760-434-8367 I I : . . . is your position that you.and your mother (ivfs. BettyBrya.n) ate the Ia,i.yfµlq\vnersofthe 3745 Adams. Street property. The City .is noi disputing yoµr daiA1s .of dwnetshl:p ib the iiuhi¢t property •. As a matter of course the City sends all 110:tli;yS of'9p,cte ,v{o'ii~ti611~ t{) the propdrty 0\>.11er oftecotd; imd based on the available itlformatio:n<that the Cit;i'.11a..d b.nrriqdiite access· to, the . property .owner of re<:otd indicated l\iffGLQhve.stors; LP,. cipiit.1:0~ I,oan Se~icing._ l11us, the notices we1·e sent to MTGLQ a11d nofdirectly-to you, After th~ abbve. n,vo rrotipes were sent Code E:nf-0tcemei1t was direct!;d to send· the notice directly to yqti afthe subject property~ From the · · City)s perspective, itjs imnw.terial whetl1er the property bwner Offecord or tenant in possession correctstheviotatiotisso longf!s.theviofations are iu:tually corrected" If you arid your mother arc infa¢tOWI1Cl"S 6fthesubjecfp.rop¢ffi", asyqu 4ave represented, then YOU may \Vant to send . . . (;ore!,{)glc: RiitlQiies/Pl'ofessigha(tlJe;nece,s§;aty. title, d.pcup1ypt~ s9 tli~t ,thfly Cl:ln µp~te the:ir ', 'aai;i:,~;~L' · , · ·· . . ... -··. · ... ··.·. -·. -. -. · , , . , , · .. · . · . . ·t;f ~il&~if ti:i~~l~ll Jiti~itij§~ftitili Final Nqtice$'~11fto you·r~g'llired,toinpfiiirice by July 25', '2013. I am modifying that compliance date to the close of business on August 9, 2013. Please understand that neither the City of Carlsbad nor Scott Rudinger is tryingt-otak~.your t~al properly, located at 3745 Adams Street, away from you or your mothet Rather, tfarCify's sole in.terest is in obtaining your compliance as it relates to the cur;rept code enforcernentvi(ila:ti-on; ' )3est regards, Pa.ul_·:.,. __ -~-~it~'tn~m~~~ ffi-=: ,__~ ~:s::====---- _._·(A~-§fstiirlt.·city··Attomey c.c: Debbie Fountain;·Housing/NeighborServ:ices Director Scott Rudiriger, 'Code Enforcement Officer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Enclosure 7 7 \ ' f1 t Case 08~11256~L T13 FJli9ff2/09 ' ' Doc 25~2 Pg. 2 Of 22 DOC# 2005-l 000327 I tlllllll Ill lllll nm 111111m 11111 lit lllll Ull 1111 illll lffl Ill{ NOV 18, 2005 8:00 AM . OffiCIAl. AECOflOS . SAN DIE!lOOOUHTY A£roROER'S OFFICE (';REGOFIY J, SMJTH, COUNTY RECORDER fEfS: SS,00 PAGES· l\ OA: 1 tfflilllRIIIIIIIIHfflll!DmlllllBl!II DEED OF TRUST OEFJNJTIONS Wotds useld.ln multiple secUom of a..~t. are~~ ~-other~• 1tti dclbd m Seatom a, 11, 13, tit 2'l and 21. Certlin rules reganting the usage of WldS •11:ullis docwnent are afsl) prcwiW in Section 16. (A) "Soem'ity Imtrumc=t" ~ this dot;ument, which is mted NOVEMBER 7, 2005 , together with an~ ro this document. (B) "Bormwet~B BETTY BRYANt A W!OOW ANO CATHERIN£ BRYAN, A SINGLE WOMAN AS JOINT TENANTS Borrower is th trn$t0t undtt dtis·~ ms~ {C) *Lenckr" is NOVELLE FlN~,NC!At SERVICES Llllldertsa DELAWARE CORPOW¼"l'ION and ~under die •of DELAWARE Lender'saddtess Is 1401 OOVE STElSE'l', NEWPORT BEACH, CALIFORNIA 92660-2431 under ,s the· beneftda1y. Utter Chis Securtty fnsmnnem. (D) "T:ru~" Js. RO-N ~OAA'ISON --·-" ........ ~.~---., . ...,~ ... .,.... .... • I~ r • _,_ I ',or, # ERJ1/F.ST J DIONENBlJaG.JRd ,,~-ts: ,. AISeSsor:f!~IClert:> ··~l~ ~~--=~ . ;: -M. VASQUEZ' JUN 3 O 2017 1 2 3 Enclosure 8 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 DANA CAPITAL GROUP TO: SELECT PORTFOLIO SERVICING Via: Facsimile to 801 293 3936 FROM: RE: & Certified Mail PLEASE NOTE: TIME SENSITIVE DANA CAPITAL LOAN DEPARTMENT DANIEL CHRISTIAN BORROWER(S): BE'ITY BRYAN, CA THERINE BRYAN February 5, 2007 PROP .ADRESS: 3745 ADAMS STREET CARLSBAD, CA 92008 LENDER: DANA CAPITAL LOAN NO.: 0009052440 REGARDING YOUR DA TE OF SALE: FEBRUARY 7, 2007 A TT ACHED HEREIN PLEASE FIND OUR COMMITMENT LETTER AND THE BORROWER'S NOTICE OF RESCISSON. EQU!HOUSE HAS GOTTEN A LOAN APPROVED AND YOUR COMPANY WILL RECEIVE A PAY OFF WITHIN 2 WEEKS. LOAN DOCS ARE READY TO BE SIGNED. ONCE YOUR LOAN# 0009052440 HAS BEEN FULLY RESCINDED YOU WILL BE PAID OFF IMMEDIATELY. THE BORROWER HAS INFORMED US THAT THE FORCLOSURE SALE DATE IS POSSIBLY TOT AKE PLACE ON FEB 7TH. THEREFORE WE WOULD LfKE TO ASK THAT YOU PLEASE CONSIDER GRANTING OUR BORROWER AN IMMEDIATE LOAN RESCISSION, WHICH WILL ALLOW BETTY AND CATHERINE BRYANTOFINlSH THIS REFINANCE AND PAY YOU IN FULL AND BRING THIS MA TIER TO A FRIENDLY RESOLUTION. PLEASE CALL ME IF I COULD FURTHER ASSIST IN THIS MA TIER. SINCERELY, DANIEL CHRISTIAN OFF: (800)480-3910 x222 FAX: (949)334-0902 PH: 800.480.3910 x222 FAX: 949.334.0902 DCHRISTIAN@DANACAPITAL.COM 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 Enclosure 9 9 1·1uau, 1 SENT VIA: Facsimile: FAX# 801 293 3936 A copy of this notice was sent by USPS certified mail to: Select Portfolio Loan Service PO.Box 55117, Jacksonville Florida 32255 RE: loan # 0009052440, February 5, 2007 On real property located at: 3745 Adams Street, Carlsbad CA. 92008 Dear Select Portfolio Loan Service, With this letter, I hereby exercise my rights under the Federal Truth in Lending Act, 15 U.S.C. § 1635, Regulation Z § 226.23, to rescind the above referenced mQr!gage loan. I have been advised by HUD experts that your mortgage loan# 0009052440,Yiolates State of California Civil law and Federal Truth in Lending law as follows; A) No accurate Trutll lu le11ding statement was ever provided to the borrower, and the numbers provided 011 the disclosure statement were in accurace. B). tl,e iota/ fina11ce charge was understated. C). no copies of the loan documents were provided lo tlie borrower at signing. D.) the a4iustable nature of t/ie loa11 was not disclosed to the borrower at signir,g. E). ·tlze amount of t!ze montl,ly mortgage payments; i,e $4,500/month, exceeded the stated i11come of the borrower by more the 100%, in a clear breach of fiduciary responsibility to the elderly and disabled borrower(s). The basis of this demand is being made according to Federal Truth in Lending Law and State of California Civil California Law, as follows: A contract is subject to unilateral rescission by a party whose consent to the contract 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. [Ca Civil§ 1689(b)(l)J and the S'tate· of California Welfare and Institutions Code 15610.30 section (1) Financial Abuse; of an elder or dependant adult occurs when a person or entity takes secrets or appropriates real or personal property of an elder or dependant adult. Pursu~nt to 15 U.S.C. § 1635(1), my right to rescind this loan extends for three-years as a result of this defective Truth in Lending disclosure statement. This rescission notice has been sent to you within that time period. I have arranged for the refinancing of my mortgage loan with Dana Capital and am prepared to tender the reduced payoff amount once the proper credits have been reflected in my reduced payoff. Additionally, please consider this letter a "Qualified Written Request" per RESPA and as such I am demanding an accounting of my loan including the following: loan disbursements, charges, all payments paid to date, and the principal balance. Please notify your client; the lien-holder, that their security int-erest in my home is now void per 15 U.S.C. § 1635; Regulation Z § 226.23 and they have twenty-days to return'al.1 o( th~ payments I have made on this loan, and to do your part to ensure that the lien-holder · terminates their security interest in my home. Thank you for your immediate attention to this matter and please govern yourself accordingly. Sincerely, BettyBryanL:'5~6, CA,¥} Catherine Bryan~PJvM,, t)~ll>'D Catherine Bryan ... .Betty Bryan, 3745 Adams Stree. -.-arlsbad CA. 92008 Select Portfolio Loan Service PO. Box 55117 J acksonvi!le Florida 32255 BORROWER'S 2nd REQUEST March I 2, 2007 RE: loan# 0009052440, On real property located at: 3745 Adams Street, Carlsbad CA. 92008 Dear Sir or Madam, This is a second qualified communication to notify you that the borrower(s): Catherine Bryan and Betty Bryan; on the above referenced mortgage loan have now exercised their RESPA rights under the Federal Truth in Lending Act, 15 U.S.C. § 1635, Regulation Z § 226.23, to rescind the above referenced mortgage loan. The basis of this demand is also being made according to Federal Truth in Lending Law and State of California Civil California Law, as follows: A contract is subject to unilateral rescission by a party whose consent to the contract 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. [Ca Civil§ 1689(b)( l JI and the State of California Welfare and Institutions Code I 5610.30 section ( 1) Financial Abuse; of an elder or dependant adult occurs when a person or entity takes secrets or appropriates real or personal property of an elder or dependant adult. The above mentioned borrowers have been advised by legal experts, HUD counselors and · predatory lending Jaw specialists, that the above referenced mortgage loan# 0009052440, Violates both State of California Welfare and Institutions Code, and Federal Truth in Lending Law as follows: A) No accurate Truth in Lending statement was ever provided to the borrower, and the numbers provided on the disclosure statement were inaccurate. BJ. The total finance charge of the loan was understated to the borrower. C). No copies of the loan documents were provided to the borrower at signing. D.) The adjustable nature of the loan was not disclosed to the borrower before the document signing. E). The amount of the planned monthly mortgage payments; i.e $4,500/month, exceeded the stated inconie of the borrower by more the 100%, in a clear breach of fiduciary responsibility to the 84-year old and physically disabled borrower(s}. Please consider this letter as a "Qualified Written Request" and demand as per RESP A, and also be notified that the borrower(s) e.g. B~t\y Bryan, Catherine Bryan, on the loan of.your _refersnce number 0009052440 are hereby demanding an accounting of their mortgage loan. - Please consider this written communication as a formal demand and be advised that as of February 2007, the lien holder's security interest in the borrower(s); Betty Bryan, & Catherine Bryan's ( elderly and disabled borrower'(s)) home is now void per 15 U.S.C. § [635; Regulation Z § 226.23 and as of February 5, 2007, the lien-holder is required to return all of the payments the above mentioned borrower(s) have made on this loan. Please do your to do part to ensure that your client the mortgage holder legally terminates all security interest in the above mentioned borrower(s) home. On February 5, 2007, the undersigned borrower (s) arranged for the refinancing of their mortgage loan with lender: Dana Capital. Attached to this correspondence please find, a copies of the Lender's communication addressed to Select Portfolio Loan Service: e.g. A copy of the borrower(s) qualified notice of loan rescission that was sent to Select Portfolio Loan Service by both by FAX and certified mail on February 5, 2007. Due to the fact that Select Portfolio Loan Service has failed to respond to the iender' s offer or to provide the borrower or the lender with the required infonnation as to how contact the true owner of the mortgage, the borrower is hereby making a 2nd qualified demand as per RESPA to Select Portfolio Loan Service. Our loan officer has indicated that Select Portfolio Loan Service has failed to respond to any of his inquiries regarding his approved refinance of loan# 0009052440. Please contact our loan officer, Daniel Christian 800 480 3910 immediately. Thank you for your immediate attention to this matter and please govern yourselves accordingly. Sincerely, (i;::;J~(M1 ~~J,'{:~~ Catherine Bryan Dated: March 12, 2007 SPS October 21, 2008 BETTY BRYAN SELECT Portfolio SERVICING, inc. 3745 ADAMS STREET CARLSBAD, CA 92008 RE: Loan Number 0009052440 Real Property Located at: 3745 ADAMS S1REET, CARLSBAD, CA 92008 Dear Customer: 0009052440 Effective November 07, 2008, Select Portfolio Servicing, Inc. ("SPS") has assigned, sold or transferred the servicing of your mortgage loan (i.e., the right to collect payments from you) to Litton Loan Servicing LP. The last day that SPS 'will accept payments with respect to this loan is November 06, 2008. If you have any questions regarding your loan, on or after November 07, 2008 please contact Litton Loan Servicing LP at I-800-603-45 l 7 between the hours of 8:00 a.m. and 7:00 p.rn., CT, Monday through Friday. Litton Loan Servicing LP's mailing addresses are: Correspondence Litton Loan Servicing LP Attn: Customer Assistance Response Team 4828 Loop Central Drive Houston, TX 77081 Payments Litton Loan Servicing LP Attn: Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 If your monthly mortgage loan payment is automatically withdrawn from your bank account or if you are interested in setting up this service you must contact Litton Loan Servicing LP to determine if this will be offered. Automatic drafting with SPS will discontinue effective with this servicing transfer. If your monthly mortgage loan payment includes funds for the collection of premiums for optional insurance products, purchased in connection with your mortgage loan, these products will not transfer to Litton Loan Servicing LP effective with this servicing transfer. If you are interested in continuing with these optional insurance products you will need to contact the insurance carriers directly. The assignment, sale or transfer of the servicing of the mortgage Joan does not affect any term or condition of your mortgage loan documents, or the accompanying security instruments, other than the tenns directly related to the servicing of your loan. SPS will send you an annual loan statement reflecting the amount of mortgage interest and property taxes you paid for the period of time when we serviced your loan. This will be sent no later than January 31, 2009. If you have any questions regarding the transfer of the servicing from SPS, please contact our Customer Service Department at (800) 258-8602 between the hours of7:00 a.m. and 8:00 p.m., ET, Monday through Friday, or at: Sincerely, Select Portfolio Servicing, Inc. Attn: Customer Service Dept P. 0. Box 65777 Salt Lake City, UT 84165 Select Portfolio Servicing, Inc. SR002 Betty Bryan 3745 Adams Street Carlsbad, Ca 92008 Litton Loan Servicing LP PO Box 742688 Houston, Texas 772688-2688 December 1, 2008 Attention Litton Loan Servicing; This letter is to advise Litton Loan Servicing that Betty Bryan is disputing the validity of the entire debt purchased by _Litton Loan Servicing from Select Portfolio Servicing on November 5, 2008. The Litton loan reference number is; 0019643675. ~ This loan been secured by real property. The property address is 3745 Adams Street, Carlsbad CA. 92008. · According to the HUD experts consulted by Betty Bryan, the loan brokered at Integrity Funding has multiple violations truth in lending violations, and the Joan officers who solicited the loan are in severe breach state of California financial and professional codes. The Joan officers in question have entirely failed to meet their legal and fiduciary duties to this consumer. Thank you for consideration of this matter, Betty Bryan •. Litton Loan Servicing· December 20, 2008 Betty Bryan 3745 Adams Street Carlsbad, CA 92008 Re: Loan Number: 19643675 Property: 3745 Adams Street 4828 Loop Central Drive Houston, TX 77081 Telephone (866) 326-5235 Fax (713) 966-8814 www.littonloao.com . ----------c---arlsl>ad;CA""1"Y,9:,..,200,__8-~------------------- Dear Ms. Bryan: Thank you for your correspondence dated December I, 2008, regarding the referenced Joan. Litton Loan Servicing LP is the servicer of your loan. To dispute the origination of the loan, we suggest contacting the original holder of the Joan as follows: Novelle Financial Services, a Del at 1400 Dove Street Newport Beach, CA 92660-2431 (877) 304-6722 Should you have further questions, please contact our Bankruptcy Department at (866) 326-5235. Sincerely, ~tcy Department ______________________ _ IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF Tiffi DEBT HAS BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AN ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY. From; Betty Bryan 3745 Adams Street, Carlsbad Ca. SENT VIA: certified mail to: Novell Financial Service 1400 Dove Street, Newport Beach CA. 92660 RE: loan # 19643675, On real property located at: 37 45 Adams Street, Carlsbad CA. 92008 Dear Novell Financial Service, January 10, 2009 Please be advis.ed that we mailed the enclosed copy of our original "Qualified Written Request'' under RESPA, by certified mail, back on February 5, 2007, to Select Portfolio Loan Service, demanding the original loan documents, and an accounting of all loan disbursements, charges, and all payments paid to date, and the principal balance. We were informed by Select Portfolio Loan Service Representatives, that they would be unable to assist us in regarding to this issue, that we must contact the originator of the loari: Novell Financial Service. Litton Loan Service finally provided us with your address so that we might contact you. Please refer to the enclosed copy of our letter from Litton Loan Service. Therefore please be advised that with this letter, we hereby exercise our rights under the Federal Truth in Lending Act, 15 U.S.C. § 1635, Regulation Z § 226.23, to rescind the above referenced mortgage loan. We have been advised by HUD experts that your mortgage loan # 19643675; Violates multiple truth in lending law as referenced in our February 5, 2007 letter to Select Portfolio Loan Service; was sent to Select Portfolio Loan Service, both by FAX and by certified within the time period for rescission, as defined by RESPA Therefore be advised that your security interest in our home is void per 15 U.S.C. § 1635; Regulation Z § 226.23 and you have twenty-days from the day you receive this communication, to return all of the payments we have made on this loan and to do your part to legally terminate the security interest our home. Also be aware that will still require copies of the original loan documents, that the loan officer failed to provide at the loan signing. AU relevant documents pertaining to the loan are required by our loan auditor. Our efforts to obtain copies our original loan documents from Unisource Escrow: Escrow File # 05-2004-MR, as instructed by Select Portfolio Loan Service were unsuccessful due to the circumstance that; Unisource Escrow's original telephone in Santa Fe Springs CA. was disconnected. We have finally located Unisource Escrow at: 18001 Cowan, #L, Irvine, CA 92614 telephone # 949-222-9090. We spoke with Unisource escrow officer; Kimberly Martin, who said she was unable to pull up our file, or locate any information whatsoever related to a loan under that escrow number. Thank you for your immediate attention to this matter. Sincerely, Betty Bryan Catherine Bryan From; Betty Bryan 3745 Adams Street, Carlsbad Ca. VIA CERTIFIED USPS Mail Litton Loan Service Bankruptcy Department 4828 Loop Central Drive Houston, Texas 92660-2431 Re: Loan # 19643675 On property located at: 3745 Adams Street, Carlsbad CA. 92008 Dear Sir or Madam, Thursday, January 29, 2009 On December I, '2008, I wrote a letter advising Litton Loan Service that I disputed the validity of the entire debt regarding loan # 19643675 (a copy of my letter is enclosed for your review of this matter) I subsequently received a letter from Litton Loan Servicing instructing me to dispute the origination of the loan by contacting the original lender at the address below ( a copy of your December 20, 2008 letter has been enclosed for review.) Novelle Financial Services 1400 Dove Street Newport Beach, Ca. 92660-2431 On January 10, 2009, I made a qualified written request for a loan rescission to lender Novell Financial Services under the Real Estate Settlement and Procedures Act. The request was mailed to the lender at the address above as suggested by Litton loan Service. My communication was returned to me by USPS postal service. The lender has apparently moved and their mail forward order has expired. (please see enclosed mail marked return to sender) Please advise us, as to how I may contact them. Sincerely, Betty Bryan cc. Attorney Jeff Schreiber • Litton Loan Servicing' March 9, 2009 Betty Bryan 3745 Adams Street Carlsbad, CA 92008 Re: Loan Num: 19643675 Dear Customer: 4828 Loop Central Drive Houston, TX 77081 Telephone 1-800-247-9727 Fax 713-218-3777 www.littonloan.com Thank you for your recent inquiry regarding your mortgage loan. You are a valued customer and we hope to assist you as soon as possible. Please allow 60* business days from the date that Litton received your inquiry. Unless your loan is paid in full please continue making your monthly payments according to your Joan agreement. Thank you for your consideration in this matter. If we can be of further assistance, please contact our Customer Service Department at l-800-247-9727. Sincerely, Litton Loan Servicing LP * Unless otherwise regulated by state law. IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AN A TIEMPT TO ASSESS OR COLLECT TIIE DEBT FROM YOU PERSONALLY. Doc ID: 304094 Catherine Bryan & Betty Bryan, 3745 Adams Street Carlsbad CA. 92008 MTGLQ Investors, LP Legal Department 3815 S. West Temple Street Salt Lake City, UT 84115 June 12, 2009 RE: loan # 19643675, currently serviced by Litton Loans Service On real property located at: 3745 Adams Street, Carlsbad CA. 92008 Held in joint tenancy by: Catherine Bryan and Betty Bryan; hereinafter referred to as the "borrowers"· Dear Sir or Madam, This letter is being send to inform you that on February 5, 2007, the borrowers on the above referenced loan exercised their RESPA rights under the Federal Truth in Lending Act, 15 U.S.C. § 1635, Regulation Z § 226.23, and State of California Civil Code: Civil § 1689(b)(l)] to rescind the above referenced mortgage loan. In February of 2007, Select Portfolio Loan Servicing negligently failed to act as an intermediary for their client, who was the owner of the borrowers' mortgage, or to lawfully and appropriately respond to the Borrower's qualified Notice of Rescission and mortgage loan refinance offer tendered by lender Dana Capital on the Borrower's behalf in 2007. For the above stated reasons on November 3, 2009 a lawsuit: Civil Case# 3 7 -2 o o 8 - O O O 9 5 2 O 7 -cu -OR-CTL was filed in San Diego Superior Court by the above referenced borrowers, naming Select Portfolio Loan Servicing as one of the defendants. Select Portfolio Loan Service, breached the mortgage loan contract obligations with the borrower, when they failed to respond to a qualified Demand of Mortgage Loan Rescission made under Truth in Lending law. The basis of the borrower's rescission demand is hereby made according to California Law, e.g., Civil § 1689 (b) (1)] Unilateral Rescission On The Basis Of Mistake, Fraud, or Duress: A contract is subject to unilateral rescission by a party whose consent to the contract (or the consent of another party jointly contracting with the rescinding party} 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. And also note that: According to Truth in Lending law; under RESPA (15 USC §1635(f); and Reg Z §§226.lS{a) (3), 226.23(a) (3) The borrower must notify the lender, in writing, of the cancellation of the loan. While the notice must be in writing, it can be transmitted by mail, telegram, or other means. Reg Z §§226.lS(a) (2), 226.23(a) (2). The notice of rescission must be sent to the lender's designated place of business. Official Staff Commentary §226.23(a) (2)-1.) states that, if the creditor fails to provide a valid address for the designated agent to whom rescission notice may be sent, delivery to the entity at the address that the borrower makes the payments to will be effective notice to the lender or the lender's assignee. Official Staff Commentary 15 USC §1635(b); Reg. Z §§226 .15 (d) (1), 226. 23 (d) (1) states that once the loan is rescinded, the security interest or lien becomes automatically void, by opera.tion of law. The note also is voided. The lender's interest in the property is "automatically negated, regardless of its status and whether or not it was recorded or perfected." Official Staff Commentary §§226.lS(d) (1)-1, 226.23(d) (1)-1 states that within 20 days of receipt of the notice of cancellation, the lender must return to the borrower any money or property that has been given to anyone in connection with the loan. 15 USC §1635(b); Reg. Z §§226.lS(d) (2), 226.23(d) (2). The lender must then take the necessary steps to reflect that the lien-holders security interest has been terminated. According to Reg. Z §§226.lS(d) (3), 226.23(d} (3) Please also -take note that according State of California Law: The State of California Welfare and Institutions Code 15610.30 section (1) Financial Abuse; of an elder or dependant adult occurs when a person or entity takes secrets or appropriates real or personal property of an elder or dependant adult. The borrowers having been advised and informed by local HUD experts and predatory lending law specialists, who wiU be subpoenaed as expert witnesses in the above mentioned case, to testify that that the above referenced mortgage loan # 19643675, Violates State of California Welfare and Institutions Code, and Federal Truth in Lending Law as follows: A) No accurate Truth in Lending statement was ever provided to the borrower, and the numbers provided on the disclosure statement were inaccurate. B). The total finance charge of the loan was 11nilAr,:::t:~ t:.P.il t:n t:he borrower. Catherine Bryan & Betty Bryan, 3745 Adams Street Carlsbad CA. 92008 E). The amount of the planned monthly mortgage payments; i.e $4,500/month, exceeded the stated income of the borrower by more the 100%, in a clear breach of fiduciary responsibility to the 84-year old and physically disabled borrower. Please consider this letter as a "Qualified Written Request" and demand that the borrower(s) e.g. Betty Bryan, Catherine Bryan, on the loan of your reference number 19643675 are hereby demanding an immediate accounting of their mortgage loan. Please consider this written communication as a formal demand and be advised that as of February 2007, your security interest in the borrower; Betty Bryan, & Catherine Bryan who are elderly and disabled borrower'(s) home was void per 15 u. s. c. § 1635; Regulation z § 226. 23 and that as of February 5, 2007, the owner of the mortgage was legally required to return all of the payments that the above mentioned borrower(s) had made on this loan and to legally terminate all security interest in the above-mentioned borrower's home and you are now asked by the borrower to remit the amount immediately that was legally owed to the borrower as of February 5, 2007. On February 5, 2007, we the undersigned borrower (s) arranged for the refinancing of our mortgage loan with lender: Dana Capital. We have provided copies of correspondence with Equihouse Funding, our lender, sent VIA certified mail and FAXED to loan service provider, Select Portfolio Loan Service, the borrower(s) qualified notice of loan rescission on February 5, 2007. The above-mentioned February 5, 2007, communication also stated that an approved Joan from lender Dan Capital was immediately available to the borrower(s) that would allow the borrower to tender the total reduced payoff amount once the required rescission had resulted in a reduced payoff demand. The relevant correspondence is dated February 5, 2007, and has been attached to this letter, for your consideration and review. Our loan offer from Dana Capital has long since expired, and we as the borrowers on the above referenced mortgage loan, have sustained sign significant damages due to Select Portfolio Loan Service negligence in failing to assume fiduciary responsibility to us as their clients who are elderly and disabled borrowers. According to the following Federal Law TILA: Official Staff Commentary §226.23(a) (2)-1.) states that, if the creditor fails to provide a valid address for the designated agent to whom rescission notice may be sent, delivery to the entity at the address that the borrower makes the payments to will be effective notice to the lender or the lender's assignee. The borrower has been waiting since 2007, for a the fiduciaries' legally required response, and as per our original request; our copies of the original loan documents signed by the borrower(s) which should have been provided to the borrower at the loan signing, and any Catherine Bryan & Betty Bryan, 3745 Adams Street Carlsbad CA. 92008 related Truth in lending disclosures, statements and financial information, loan disbursements, and your explanation and justification of all fees and charges, and an accounting of all payments made by the borrower since the loan origination in November of 2005, and the current principal balance. Please immediately provide us with the above referenced documentation and include any other information and documentation regarding mortgage loan # 19643675. Please be advised that: where that it is proven by a preponderance of the evidence that a Financial or lending institution is found to be liable for financial abuse, as defined in Section 15610.30, of the CA. Welfare and Institutions Code, the court may award Reasonable attorney's fees and costs set forth in subdivision (a) and compensatory damages and all other remedies otherwise provided by law. Thank you for your immediate attention to this matter and please govern yourselves accordingly. Sincerely, /3~(5&1/-® Betty Bryan cc. Novell Financial Services 19500 Jamboree Road, Suite 102 Irvine, CA. 92612 Judge Laura S. Taylor UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West F Street, San Diego, California 92101-6991 Litton Loan Service Bankruptcy Department 4828 Loop Central Drive Houston Texas 77210 David L. Skelton 525 B Street, Suite 1430 San Diego, Ca 92101 ((LMJi~C. ~ July 6, 2009 Catherine Bryan Betty Bryan 3745 Adams Street Carlsbad, CA 92008 RE: Loan No.: 19643675 THE IMPAC COMPANIES 19500 JAMBOREE ROAD I IRVINE. CA 1 92612 WWW.IMPACCOMPANJES.COM I 1-800-597-~101 Property: 3745 Adams Street, Carlsbad, CA Dear Ms. Bryan and Ms. Bryan: On June 22, 2009, we received a copy of a letter from you dated June J 2, 2009, addressed to MTGLQ Investors, LP regarding the above loan on the above property. Enclosed with this letter were several other letters, including a letter to Novell Financial Services dated April 13, 2009, attempting to rescind the above loan. Please note that, prior to receiving your June 22, 2009, letter, we have not received any correspondence from you related Lo this property. Unfortunately, we are unable to decipher what loan you are referring to with the above Loan Number as that is not a Loan Number we are familiar with. Please note your Joan with Novelle was sold to Goldman Sachs on December 20, 2005: Therefore, any questions regarding your loan with Novelle should be directed to them or their servicer. To the extent you are attempting to rescind your loan with Novelle, please note that the time in which to do so has long expired and we disagree with any allegation there were circumstances that would extend the rescission period. Sincerely, ice President Associate Geneial Counsel From; Betty Bryan 3745 Adams Street, Carlsbad Ca. Chief Financial Officer Select Portfolio Loan Service PO box 55117 Jacksonville, Florida Chief Financial Officer Litton Loan Service PO box 772688-2688 Chief Financial Officer MIGLQ Investors LP 3815 S. West Temple St. Salt Lake City UT. 84115 Chief Financial Officer Novell Financial Services 19500 Jamboree Road, Suite 102 Irvine, CA. 92612 RE: loan# 19643675, according to Litton Loan Service # 0009052440, according to Select Portfolio Loan Service On real property located at: 3745 Adams Street, Carlsbad CA. 92008 Dear Chief Financial Officers, September 3, 2009 This letter is being send to inform all fiduciary parties that Betty Bryan, the 86-year-old borrower, on the above referenced mortgage loan is a victim of financial fraud and hereby demands a Unilateral Loan Rescission on the basis of Elder Financial Abuse, under the State of California Welfare and Institutions Code 15610.30 section (1) Financial Abuse; of an elder or dependant adult occurs when a person or entity takes secrets or appropriates real or personal property of an elder or dependant adult. In November of 2005 borrower Betty Bryan was funded a home improvement loan through Novell Financial Seivice. 85-year-old Betty Bryan's initial monthly mortgage payment exceeded the income stated in her loan application by more than 200%. The loan officers from Integrity Funding who assisted Betty Bryan in applying for her loan, then "helped" Betty to invest her loan proceeds, in an ill-advised investment plan that she was told would enable her to afford her $4,305.00 monthly mortgage payments. According to the CA Elder Law Litigation Advocates guide, (p.496) the limitation period for financial elder abuse based on breach of fiduciary duty is 4 years under the State of California Elder Law and Dependent Adult Protection Act. Betty Bryan is clearly a victim of predatory lending fraud and elder financial fraud, as defined by the state of California Welfare and Institutions Code 15610.30, that governs transaction between Financial and lending institutions and senior citizens. The loan transaction has clearly violates State of California Welfare and Institutions Code and Betty Bryan hereby demands a unilateral loan rescission. Betty Bryan is hereby exercising her Federal RESP A rights under the Federal Truth in Lending Act, 15 U.S.C. § I 635, Regulation Z § 226.23, to rescind the above referenced mortgage loan. Please be aware that where that it is proven by a preponderance of the evidence that a Financial or lending institution is found to be liable for financial abuse, as defined in Section 15610.30, of the California Welfare and Institutions Code and where it is proven by clear and convincing evidence that the Financial or lending institution has been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse, in addition to From; Betty Bryan 3745 Adams Street, Carlsbad Ca. reasonable attorney's fees and costs set forth in subdivision (a) and compensatory damages and all other remedies otheiwise provided by law. Borrower Betty Bryan has been professionally advised by HUD experts and local consumer law specialists that the above referenced mortgage loan violates Federal truth in lending law as follows: A) No accurate Truth In Lending statement was ever provided to the borrower, and the numbers provided on her disclosure statement were inaccurate. B). the total.finance charge of the loan was understated to the ho"ower C). no copies of the loan documents were provided to the borrower at signing. D.) the adjustable nature of the loan was not disclosed to the borrower before the document signing. E). the amount of the monthly mortgage payments; i.e $4,305/month, exceeded the stated income of the borrower by more the 200%, in a clear breach of fuiuciary responsibility to the 84-year old and physically disabled borrower(s). Verified certified mail and FAX transmission records demonstrate that Betty Bryan's original Qualified Notice of Rescission was sent to Select Portfolio Loan Service on the borrower's behalf by both FAX and certified mail, by lender Dana Capital, on February 5, 2007, as well as a communication from the bank informing the loan service provider SPLS that an approved bank loan was immediately available to borrower Betty Bryan that would allow the bank to tender a full payoff of the borrower's mortgage once the rescission was granted and asking that the lender submit a reduced payoff demand to Betty Bryan's new loan escrow. Betty Bryan's 2007 March correspondence with Sterling Thompson, a bank loan officer, states that Select Portfolio refused to reduce the loan payoff as requested. These documents have been attached to this letter for your consideration and review. Multiple verified records of correspondence between the borrower, Betty Bryan, and all the relevant fiduciaries of the above referenced mortgage loan e.g. the loan service providers; e.g. Select Portfolio Loan Service, Litton Loan Service, Novell Financial Service and MGTLQ Investors L.P. clearly demonstrate that lender Novell Financial Service, lienholder MGTLQ Investors LP, and the loan service providers: Litton and Select Portfolio have together and severally passed their fiduciary responsibilities to this elderly loan consumer, from fiduciary agent to fiduciary agent, for the purpose of pushing the loan consumers past the 3 year rescission deadline. An examination of the attached documents clearly reveal that these fiduciary agents continually responded to Betty Bryan's efforts to exercise her RESP A rights by passing responsibility for her loan around to various alternative fiduciary agents in the hopes of evading their fiduciary responsibility in violation of State of California law and Federal Truth in Lending law. An examination of the enclosed documents clearly reveal their purpose of pushing the elderly loan consumer well past the statutes of limitation, thereby denying this elderly borrower's her legal right to successfully demand a Unilateral Loan Rescission. Betty Bryan's mortgage loan rescission should have been granted back in February of 2007, when her property was still worth over 4 million dollars. Please be aware that borrower Betty Bryan disputes the amount MGTLQ Investors LP, has claimed as a secured debt;$ 103,457.75 in their motion for Reliefofthe Borrowers Automatic Stay granted by the federal court in her chapter 13 action. The attached correspondence will demonstrate that, in February 2007, as Betty Bryan's only avirilable fiduciary, Joan service provider Select Portfolio Loan Service not only failed to respond to the borrower( s) Qualified Notice of Rescission but completely failed to provide the borrower with any of the original loan documents signed by the borrower(s), related Truth in lending disclosures, loan application records, statements and other vital financial information, loan disbursements, charges, evidence of all payments and reinstatements made to date, or in short any evidence supporting the principal balance of$ 103,457.75 claimed by current IienholderMGJLQ Investors LP in MGTLQ Investors LP's attempt to pray that the federal court to allow them relief from.her stay and thereby enable them to sell the elderly borrower's home and/or any supportive documentation regarding mortgage loan or any name and contact information as to the true mortgage holder or a correct address for Goldman Sacs, and Novell Financial Service, or alternatively to respond as required by RESP A law, to the borrower's lawful February 5, 2007, Notice of Rescission as the agent of the above parties on their client's behalf From; Betty Bryan 3745 Adams Street, Carlsbad Ca. On November 3, 2008, a Select Portfolio Loan Service customer service representative who was contacted by telephone and informed of a pending Superior Court of California legal action against their company for multiple breaches of fiduciary responsibility, fraud and negligence; San Diego Superior Court Civil case; 37-2008-00095201 CU-OR-CTL which disputes the amount the borrower owes her lienholders. The above mentioned, Select Portfolio Loan Service customer service representative, discussed the matter by telephone with the borrower Betty Bryan on November 3, 2008, and recommended that the borrower(s) FAX all the summons and complaint to the Select Portfolio Loan Service foreclosure department to: FAX# 801 293 3936 which was done and was received by SPLS according to her transmission report. A copy of the summons and complaint filed in San Diego Superior Court Civil case; 37-2008-00095207-CU-OR-CTL was also mailed to Select Portfolio Loan Service by USPS return receipt certified mail. It is a matter of record that Select Portfolio Loan Service did not respond to Betty Bryan's complaint as required by law, but instead choose to transfer responsibility for the above referenced loan to a new loan service provider, (Litton loan Service) just two days subsequent to being served notification of the borrower Betty Bryan's lawful summons and complaint sent by FAX, and being informed as to the nature of this action by telephone e.g., that Select Portfolio Loan Service would he named in a legal action for their negligence in the above matter. The transfer of responsibility for the loan further demonstrates that additional evasive tactics were used with malice and intent to further obstruct elderly borrower Betty Bryan's legal rights and remedies. The obstructive and evasive tactics used included failing to provide any of the requested proof or documentation of inflated amounts the lien holder claims is owed, and other documentary information upon multiple lawful requests by the borrower, Betty Bryan. The motion for relief, and accounting of money owed by borrower Betty Bryan that was filed by MTGLQ Investors LP in the Federal court does not reflect over $200,000 in payments and reinstatements made by Betty Bryan since the loan origination in November of 2005. An amount that under TILA law should have been credited back to the borrower in 2007 under Real Estate Settlement and Procedures Act guidelines. A March 9, 2009 letter addressed to the borrower from Litton Loa!\ Service the new loan service provider, (attached) claimed it would take up the 60 days to providing the borrower, with an updated address for Novell Financial Services, the originator of the loan. Meanwhile on November 5, 2008, lienholder MTGLQ Investors LP who we presume to be the true owner of Betty Bryan's mortgage filed a motion in Federal court, asking for the borrower's automatic stay against foreclosure to be lifted, allowing them to sell this elderly and disabled borrower's home and claiming$ 103,457.75 interest in her property. Nevertheless, a July 6, 2009 letter from IMPAC written on MTGLQ Investors LP's behalf, and addressed to borrower Betty Bryan responds to her Qualified Rescission Demand by stating that MTGLQ Investors LP has absolutely no record or any information regarding her loan and refers her to Goldman Sachs as the true lienholder of her mortgage. (Copy of Letter ·attached) but nevertheless boasts that the elderly borrower is now well past any hope of relief through a RESP A rescission. Betty's Qualified Rescission Demand sent to MTGLQ Investors LP on June 12, 2009 has been attached to this letter for your consideration and review and their response addressed to borrower Betty Bryan from IMPAC, clearly refers multiple attachments, letters and loan records which should have enabled MTGLQ Investors LP to locate their records, nevertheless they clearly state they cannot decipher what loan Betty is referring to, and refer her to Goldman Sacs. We have attached the relevant corporate Trust deed transferring 100% financial interest in Betty's loan to MTGLQ Investors LP, on October 21, 2008. A complete review of the correspondence enclosed with this letter taken together can be clearly seen to clearly demonstrate that the originator of the loan, the broker, and all downstream entities acted in collusion to deny access to legally required loan information to the elderly borrower Betty Bryan, and continually avoided' and/or transferred their fiduciary responsibility to this elderly loan consumer and are together considered guilty of recklessness, oppression, fraud, negligence in that they attempted to profit from these various acts together. It would appear in fact that the originator of the loan, the broker, and all downstream entities continually conspired against the elderly and disabled loan consumer, to deprive her of her rights under State of California and federal law. Evasive tactics were repeatedly used to deny the borrower her lawful State of California protections under the State of California Welfare and Institutions Code and her federal RESPA rights. Obstructive and evasive tactics included failing to provide any of the documentary evidence supporting the financing of the loan, substantiation or documentation of inflated amounts the lien holder claims is owed, their records of payments made by the borrower, and other documentary information upon multiple lawful requests by Betty Bryan over a 3 year period. From; Betty Bryan 3745 Adams Street, Carlsbad Ca. Please consider this letter as a "Qualified Written Request" by borrower Betty Bryan and demand as per RESP A. The borrower(s) on loan# 19643675, according to Litton Loan Service # 0009052440, according to Select Portfolio Loan Service funded by Novell Financial Service in November of 2005, on real property located at: 3745 Adams Street, Carlsbad CA. 92008. The borr-0wer(s) are hereby demanding an accounting that should include the following: The original loan documents signed by the borrower(s) and any related Truth in lending disclosures, statements and financial information, loan disbursements, charges, your record of all payments and reinstatements made by the borrower(s) to date, and the principal balance, and any other documentation regarding the above mentioned mortgage loan. This information is needed to obtain a forensic loan audit to fairly assess the amount owed by the borrower for the purpose of enabling an equ_itable refinance of borrower Betty Bryan's home. Please consider this written communication as a formal demand and be advised that your security interest in the above mentioned (Betty Bryan, & Catherine Bryan) elderly and disabled borrower'(s) home, located at: 3745 Adams Street, Carlsbad CA. 92008, is now void per 15 U.S.C. § 1635; Regulation Z § 226.23 and you have twenty- days to return all of the payments she has made on this loan and to do your part to terminate all security interest in the borrower's home. Thank you for your immediate attention to this matter and please govern yourselves accordingly. Document Index I. Borrower's February 5: 2007 Rescission Notice 2. Borrower's February 5: 2007, refinance offer 3. Borrower's February 5: 2007, refinance approval 4. November 6: 2007 correspondence from Select Portfolio Loan Service serving the borrower's notice of transferring our loan to Litton loan Service (arrived at end of November) · 5. December 1, 2007 Letter written by the borrower to Litton Loan Service, disputing validity of entire loan 6. December 20, Letter from Litton Loan Service, instructing Borrower that her loan must be disputed with Novell Financial Service , & providing an incorrect address. 7. Borrower's January 10, 2008, Rescission Notice to Novell Financial Service 8. Copy of January 28, 2008 return of certified mail sent by Borrower to Novell 9. Borrower's January 29, 2009 letter to Litton Loan Service, requesting a valid address for Novell Financial Service IO. Litton Loan Service response sent on March 9, 2009 stating that it would take up to 60 days to provide the required information. 11. Letter to borrower from IMPAC written on behalf ofMfGLQ [nvestors LP denying fiduciary responsibility. 1 2 3 Enclosure 10 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 Trustee's Deed Upon Sais I';;::;,, Recording requested lly: When recorded mall to: Litton Loan Servicing LP 4828 Loop Central Drive · Aousion;-r:;(11oar· · · ·· Forward tax statements to the address gfven above Spece above lhrs line for recorders use TS# CA-08-127675-BL Order# E803321 Trustee's Deed Upon Sale A.P.N.: 205-270-13 Transfer Tax: $0.00. The undersigned granter declares: The grantee herein IS the forecloslng beneficiary. The amount of the unpaid debt together With costs was: $790,904.93 The amount paid by the grantee at the trustee sale was: $500,00D.oo The documentary transfer tax fs: None Said property is in the CI!y of: CARLSBAD, County ofSAN DIEGO QUALITY LOAN SERVICE CORPORATION , as Trustee, (whereas so designated In !ha Deed of Trust hereunder more particularly described or as duly appointed Trustee) does hereby GRANT and CONVEY to MTGLQ Investors, L.P (herein called Grantee) but without covenant or warranty, expressed or implied, all right title and /nteresl conveyed to and now held by It as Trustee under the Deed of Trost In end to the property situated ln the county of SAN DIEGO, State of California, described as follows: PLEASE SEE ATTACHMENT This con~yance Is made in compliance with the terms and provisions of !he Deed of Trust executed by BETTY BRYAN, A WIDOW AND_ CATHERlNE BRYAN, A SINGLE WOMAN AS JOINT TENANTS, as truslor, dated 11/7/2005, and recorded on 11/18/2005 as lnstrumen~ number 2005-1000327, In Eook XXX, Page XXX of Offlc/al Records In the office or the Recorder of SAN DIEGO, Callfomla, under the authority and powers vested In the Trustee designated In the Deed of Trust or as the duly appointed trustee, default having occurred under the Deed of Trust pursuant to !he No!lce of Breach and Election to Sell under the Deed of Trust recorded on 6/19/2008, Instrument no 0331177, Book, Page , of Official records. Trustee having comp/led with all applJcable statutory mqulremenls of the State of Callfomla and performed au duties required by the Deed of Trust Including sending a Notlca of Default and Election to Sell within ten days after Its recording and a Notice of Sale at least twenty days prior lo the Sale Date by certified mall, postage pre-paid to each person entitled to notice In compliance with Calffomla Clvn Code 2924b EXHIBIT A Creditor's Exhibit A-Eviction Case# 37-2009-00040923-CL-UD-NC, MTGLQ Investor's v. Betty Bryan and Catherine Bryan (page I of 2) .. ......... ~ .. .,.--iril.._ ............ ~·~r ',~ y-ERNEST J DllONENBUaOJK. / •+ -.,rt-a,~ J '1fS:l .-.• AIISCSS<,dl«oed=rn...,,... d -i~ ~-==~ r.,; M. VASQUEZ JUN 3 O 2011 1 2 3 4 Enclosure 11 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 ,"I: I -~ "':'! <j ~ ,c_c,, .. DOC# 2010-0181905 I IHIIJII Ill lllll 11111111111111111111111111111111111111111111111111111 Notice of Resebsion by Equity Owner APR 13, 2010 1 :31 PM 11 pages R~rding requested by: Catherine Bryan t .. ~ When recorded mail to: OFFICIAL RECORDS SAN DIEGO COUNTYAECOADER'S OFFICE Catherine Bryan . DAVID L. BUTLER. COUNTY RECORDER 3745 Adams St 8672 FEES: 77.00 . Carlsbad Ca. 92008 PAGES: 14 Forward Tax statements to the address given above 11~1mm11100100~001m1 Space above this line reserved for r01X1rders use Notice of Rescission by Equity Owner Catherine Bryan, owner of real property commonly known as 3745 Adams Street, Carlsbad California, APN # 205-270-13-00, Hereby records the rescission of document# 2009- 0603574, THE TRUSTEE'S DEED UPON SALE recorded on 10/30 2010 by Litton Loan Service. As supported by the following attached documentsj .-, 1. rescinded TRUSTEE'S DEED UPON SALE document# 2009-0603574 pages 2-3 l.:.xh, b'+-f) 2. Legal description of Property (exhibit A) (page ~xn,h;--; f1 3. Notice of Default under Novell Financial Deed of Trust dated June 19, 2008 (page 5) Exh h +-C. 4, Qualified Rescission of November 7 Novell Financial 2005 Trust Deed {page!}~~,--:;: 1 · 5, November?, 2005 Novell Financial Trust Deed (page 7) Exhi.biT £ ~1Q 6. Equity Owners April 13, 2010 Demand to free and clear title {pages 8,9 and 1 O) 12.~: 1 • Legal Basis for Rescission: Pursuant to California Civil code 169S.14 {a) ln any transaction involving 10,7" ;:::-- residential real property in foredosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable and the transaction may be rescinded by the property owner within two years of the date of the recordation., of the conveyance of the residential real property as in foreclosure. Pursuant ta California Civil Code 1695.13 nit is unlawful for any person to initiate, enter into, negotiate, or consummate any transaction involving residential real property in foreclosure, as defined in Section 1695. f, if such person, by the terms of such rransaction, rakes unconscionable advantage of the property owner in foreclosure.· 1. October 30, 2009; an illegal, and Invalid, Trustee's Deed upon Sale document # 2009· 0603574, was fraudulently recorded by Litton Loan Service. 2. Evidence of Tifle Fraud: According to public records, no public auction took place on the San Diego court house steps on 10/26/2009. 3. On February 2, 201 O in civil case, 37·2009-00040923-CL-UD-NC, a Jury determined that purported "equity purchaser'' MTGLQ investors LP, had no right of ownership possession to 3745 Adams Street, Carlsbad California. 4. On February 25, 2007 the Novell Financial Trust Deed and its associated Power of Sale was lawfully voided by property owners, Betty Bryan & Catherine Bryan pursuant to 15 United States Collection Code, 1635 {b)) Regulation Z §§ 226.15(d)(1), 226.23(d)(1 ). 5. On June 13, 2009, MTGLQ Investors L.P, received a duly and lawfully delivered and Notice, of Rescission of the Novell ·nancial Services Trust Deed and associated promissory note. Recorded By Equity Owner ' Catherine Bryan 4/12/2010 .. ..:. 8673 CALIFORNIA JURAT WITH AFFIANT STATEMENT • D See Attached Document (Notary to cross out lines 1-B below) O See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) · State of California County of _gob:! Dt'e~ BABAK NAVABI commission # 1866215 z < .,. Notary Publk • California z ~ ' • San Ole;o County ~ Jc o ~ o v ,Ml !;_omre-zxeir!S 2~ t3-.2a'~ l Place Nott!ry Seal AboY<I Signature ot Document Stgn11r No. 2 QI aoy) Subscribed and sworn to (or affirmed) before me on this ! :31&.tday of /f fu 'L Cl.ale ~ t,lonlh (1>~~ $r~ Nameol r I 2olQ, by Year proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) !}<...____ (and o<__ N' (2) _______ ~-----~-_,___ Name al Signer proved to me on the basis of satisfactory evidence to be the person who appe~a!!re:2dU1.1;:WJ~M,t---:::;:, ------------OPnONAL------------- Though the information below is not required by Jaw. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form lo another document. Further Description of Any Attached Document TIUe or Type of Dcx:ument&aka,/:AfU&~~ Document Date: },I: // "? /;~ .t) [i7_ Number of Pages:_) _ s-/Ir, Sigr,er(s) Other Than Named AboVe: ____________ _ RIGHT THUMBPRINT OF SIGNER #2 Top or thumb here ~· 02007Hatiorlal Notary As<,OdaDon• 9J50 De Solo AV<!., P.O.Box 2402•Chalsworlh,CA 81313·2402•www.Nalionall«>la,y.org Item l5910 Reordor.Gal!Toll·Fm! HI0O-876-6627 8674 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ~ · COUNTY OF ~&-1"1 l::;;JRf(/r- } } on~dJJ/Jo~eforeme.w.~ a,~ pJL,'V personally appeared (..,~ fl ruJll(,n, _____________________ who proved to me on the basis of satisfactory evidence to be the person(?) whose name~) is/~ubscribed to the within instrument and acknowledged to me that l;>e'/she/~ executed the same in ~/her~r authorized capacityQesr, and that by lai-sther/Mr signatureGsfbn the instrument the person(sf, or the entity upon behalf of which the person(M"acted, executed the instrument. 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. (This area for official notarial seal) Sign~--~- Ree.Form tR11 (1/01/0B1 ORDER NO: E803321 EXHIBIT A LEGAL DESCRIPTION REF. NO. CA-08-127875-SL 8675 GUARANTEE NO: 66-92--0-4-2151 ALL THAT PORTION OF TRACT 236 OF THUM LANDS 1N THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, PILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 9, 1915. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET A DISTANCE THEREON NORTH 28"39' WEST 734.81 FEET FROM ITS INTERSECTION WJTH THE CENTER LINE OF TAMARACK AVENUE. SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO SALVAOO AND YSIORA TREJO BY DEED DATED JANUARY 19, 1931, AND RECORDED IN BOOK 1870, PAGE n RECORD OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO TREJO SOUTH 61'21' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 2a•39• WEST A DISTANCE OF 195.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY Tl-IE SOUTH COAST LAND COMPANY TO DEAN · F. PALMER BY DEED DATED MAY 5, 1927 AND RECORDED IN BOOK 1335, PAGE 384, RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION NORTH 6r21' EAST A DISTANCE OF 446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET, THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28°39' EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF DESCRJBEO AS FOLLOWS: THE SOUTHERLY 200 FEET OF THAT PORTION OF TRACT 236 OF THUM LANDS, IN THE CllY OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, PILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, OESCRlBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET, A DISTANCE THEREON NORTH 2s•39• \'VEST 734.81 FEET PROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK AVENUE, SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THAT PORTION OF TRACT 236 CONVEYED BY THE ·soUTH COAST LANO COMPANY TO SALVADO AND ISIORA TREJO BY DEED DATED JANUARY 19, 1931, ANO RECORDED IN BOOK 1870, PAGE n, RECORDS OF DEEDS; THENCE ALONG THE NORTHWESTERLY LINE OF THE LANO SO CONVEYED TO TREJO, SOUTH 61°21' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 28°39' WEST A DISTANCE OF 193.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST lANO COMPANY TO DEAN P. PALMER BY DEED DATED MAY 5. 1927 AND RECORDED IN BOOK 1335, PAGE 384, RECORDS OF DEEDS; THENCE ALONG THE SOUTHEASTERLY UNE OF THE PALMER PORTION, NORTH 61"21' EAST, A DISTANCE OF ~.86 FEET TO A POINT ON THE SAIO CENTER LINE OF ADAMS STREET; THENCE ALONG THE CENTER LINE OF ADAMS STREET, SOUTH 2s•39• EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 200 FEET BEING MEASURED PARALLEL WITH TliE SOUTHWESTERLY LINE OF THE LAND HEREINABOVE DESCRIBED. FORM 66-92-04 (11107) National TIiie Insurance Company of New Voll TMlee'a Sale Guaranlee.(11.17-04) CLTA Guarantee Form No. 22-ForUse tnC11li1omie t ., DOC# 2009-0603574 OCT 30. 2009 8:00 AM OFFICIAL RECORDS Recording rec:iuested by: 8676 SAN DIEGO COUNTY RECOROER'S OFFICE DAVID L BLJTLEA. COUNTY RECORDER When recorded mau to: Litton Loan Servicing lP 4828 Loop Central Drive Houston, TX n081 Forward tax statements to the address given above FEES: 25.00 OC: NA Space aboWI this lir1e for recorders use TS# CA-08-127675-BL Order# E803321 Trustee's Deed Upon Sale A.P.N.: 205.270-13 Transfer Tax: S0.00 The undersigned grantor declares: The grantee herein IS the foreclosing beneficiary. The amount of the unpaid debt together with costs was: $790,904,93 The amount paid by the grantee at lhe trustee sale was: $500,000. The documentary transrer tax iS: None said property is in the Cily of: . CARLSBAD, County of SAN 0lEGO ·PAGES: QUALITY LOAN SERVICE CORPORATION , as Trustee, (whereas so designated in the Deed of Trust hereunder more particularly described or as duly appointed Trustee) does hereby GRANT and CONVEY to MTGLQ lnvestort1, LP (herein called Grantee) but without covenant or warranty, expressed or implied, all right title and interest conveyed to and now held by it as Trustee under the Deed of Trust in and to the property situated in the county of. SAN DIEGO, State of C81ifomia, described as follows: PLEASE SEE ATTACHMENT This conveyance is made in mmpliance with the terms and provisions of the Deed of Trust executed by BETTY BRYAN, A WIDOW AND CATHERINE BRYAN, A SINGLE WOMAN AS JOINT TENANTS, as truster, dated 11/712005, and recorded 011 1111812005 es Instrument number 20D5-1000327, ln Book xn, Page xxx of Official Records it, ttie office of lhs Recorder of SAN DIEGO, Califomia, under the authority and powers vested In the Trustee designated in the Deed orTn.ist or as the duly appointed truslee, derauH having occurred under the Deed of Trust pun;uant to the Notice of Brei3dt and Election to Sell under the Deed of Trust recorded on 611912008, instrument 110 0331177, Book , Page , of Official records. Trustee having complied with all sppficable statutory requirements of the Stale of California and performed ell duties reql,Jired by lhe Deed of Tr,ist Jncluding sending a Notice of Default and Election to Sell within ten days after Its recording and a Notice of Sale al least twenty days prior to the Sale Dale by certified mail, postage pre-paid to each person entitled to notice in compliance with· California Civil Code 2924b "This Instrument ls being recorded as an ACCOMMODATION ONLY, wtth no Representsllon as to 11s effect upon tftle• J 8677 r,u::11ee·s Deed Upon Sale _.,. Z I l'ngc Default occurred as set torth in a Notiee of Breach and Election to Sell which was recorded in the office of the Recorder of said County. · All requirements of law regardlng the mailing of copies of notices or the publicalion of a copy of the ,:Jotice of Breach and Election to Sell or the personal delivery of the copy of the Notice of Breach and Election to Sell and the posting and publication of copies of the Nouce of Sale have been complied with. Said property was sold by said Trustee at public auction on 10/23/2009 at the place named In the Notice of Sale, in the County of SAN DIEGO, California, in which the property is situated. Grantee, being lhe highest bidder. at such sale, became the purchaser of said property and paid therefore to said trustee the amount being $500,000.00 in lawful mo'1ey of the United States, or by the satisfaction, pro tanto, of the obligations then secured by said Deed of Trust Date: 10/26/2009 QUALITY LOAN SERVICE CORPORATION By: State of Cafifomia ) County of San Diego) Karla on& ·Z~q'/ before me, Mic:helle Nguyen a notary public, personally appeared Karta Sanchez, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to tne within instrument and aclcnowledged lo 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. I certify under PENAL TY OF PERJURY under the laws of the State of California !hat tlle foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign~ (Seal) MlchelleNuyen THlS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND AAY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . 8678 Branch :FOi ,Usct :A.048 Commcnl: Slalion Id :0 Gl:)l',f DOC# 2008-0331 1 7] Re~ ,eques11:d by. Qu,ity L<IG~ S.,vlce C!)rp WIim rc.orded m1i 10; ~ly L11a11 StMCe Corp. 21415th Avenue Sano·,og11. CA9210l 'it iJo.: LJi.48.127675-Bl Loan No.: 0009052440 IMPORTANT NOTICE JUN 19, 2008 3:19 PM QFFIOAI. RECORDS SAH OIE!iO COUNT'f RECUROER'S Offl(( tiREGORY J. 5W11H. COUHlV lllt!J'IOEA FEES. lt.00 0A: PAGES: . ~( s..:u,:.,,o,ciis,.._a~.1il NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IF YOUR PROPERTY IS IN FORECLOSlffiE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOlD WITHOUT ANY COURT ACTION. Yr,o ma-, 11:ave lhe teo,11 rlglll Ill brltlg your ate011111 in good Slilll;lng by paWg au ol yo111 pas1 due paymen1, plus perm~tlld cOSls and nper,ses .,;1111~ the flmo p1t111lll~ 1:1)' law let rein:sim~ al yoor aca,oo1 (llOllllall), INe bUslness days prier 10 lhe dalt set IOI Iha ula of your lJ,Ope,,y). No sale may be sel unli tlllet moniM Imm the date lhls oolice DI del11ull is ~ed (which Cate 01 ~ion appea11 011 1his not.:eJ. TIiis amounl lS S58,W.ll ;,s cl 6/1lll2008 and will ilcfease un1il your arcouni btcomes cunttJI. Willi: your piopmy ls in lt>rl!dosure. ytoJ Slil rnUSI pay Qlh11 obl',oatlons (IUdl II lnwrante and • la•m) requirl!d by )OUf nou, and deed ol UUSI or mor1gage. 11 )'Cu r,u Ill m;ikll! lu1ute paymt/11' on llle lo,tn, ~y lil,les on !he prope,ty, prDW!e lnsinflCII on Ille prap,,11)', m pay other ob6galil1115 D$ rl!ll1,lbed itl lhe JIOle and dead of 111151 ar mor1gage, Iha baPeliclaty or ffl0ll911J1111 may inslsi 1tia1 ~ do so~ c;,rmr \o •einilate )t'Ut .ai;~ 11'1 good sliricfing. In eekilitla, 11'.a beN!flciD,y 01 mortgagn may 1equre ;u a oolllf,ion ol r1ln11D1i:ment fhai PJ plO'Vlde reriaoie wtilltn ....ience 1h11 you palc2 a• wlliu lllns. propeny 1axa, allll l!aurd insuranci p,em;.,ms. lJpon )'OUf writle11 reques'I, lh1 beneli:liry 01 1110rtg;igee wt11 qi¥e you a wti11e11 klrniza1ion of t>o enln: llffiOUI\I you mus! pay. Yov may llCl'I have 1h11 pa~ lllll entire 1,1npaicl portion ol !,'Ollr llCCOUIII. even U10141h lull l)lytlletil was demandl!d. but )OIi must ~Y al amounig in delaull at !he l1"1e payrne,,1 is 111adtt. Ho,.,e.e,, you and )'(JUI beneliciary o, melllgi1jlle rnay m~lly agree in writing prior 10 I.ht limo !he no1ice DI S&le is posted (w""'1 msy 1101 be e;,tfler than 11111 111r .. monlh pe,lod s1a1ed 111:xNel io, a1111111g ollltr lhlngs. I I J pro.Ide &dlilloflill llmtr in \Wlllch 10 ll,lffl Ille tll!IIIIII by 11111151'1 ol !hi P'Opor1J or Oil'l~1; DI (2) ntabllith a •~ ct l:"")'fflo,,t• In onteno e,,,. ',Clul'dlf1111ft: o,t,och [ll and (l). Following JhD axpl1111011 of lhlt !!me penod 1tl11rtd lo n tri. fnl paragraph 111 l'1is llOlb, \IIQS5 lilt obllgalion being ~IQaocl upon or II sepa,1.11 wrllW! agretmltl\1 INmoaen -you and )"Qllt J;teOlor permits a b"!lt' period_ you haw, only !he Jtril:al riclhl lo S10jl "" sale DI JOUI p,ooe,ty by paying Iha -~lilt Jmo.>nl demanded by yov, credllor. To rn1 out 1h11 11moun1 you rnust p;y, or_ Jm1ng• tor paynu,nc IO 'IIOI' fl>• ID<tclou,,a. or If )'OVl' prollM}' Is h loredOsut• far any 01he1 reuon, ~orQCl: S.lsc:t Portfolio S.rvleln;, Inc. C/0 QveU&y Loan SoN~r Corp. 2141 $1h Avenu• Sal1 Oltrgo,CA921D1 619-645-nl, 2 SAN DIEGO,CA Docurru:nt: ND 2008331177 Page I of2 Printed on 111612009 I: l 0:03 PM From; Betty Bryan 3745 Adams Street, Carlsbad Ca. SENT VIA: certified mail to: Novell Financial Service 1400 Dove Street, Newport Beach CA. 92660 RE: loan# 19643675, ,. On real property located at: 3745 Adams Street, Carlsbacf CA. 92008 Dear Novell Financial Service, 8679 Please be advised that we mailed the enclosed copy of our original "Quaftfied Written Requesr under AESPA, by certHied mail, back on February 5, 2007, to Select Portfolio Loan Service, demanding the original loan documents, and an accounting of an loan disbursements, charges, .and al! payments paid to date, and the principal balance. We were informed by Select Portfolio Loan Service Representatives, that they would be unable to assist us In regarding to this issue, that we must contact the originator of the loan: Novell Financial Service. Litton Loan Service finally provided us with your address so that we might contact you. Please refer to the enclosed copy of our letter from Litton Loan Seivice. Therefore please be advised that with this letter, we hereby exercise our rights under the federal Truth in Lending Act, 15 U.S.C. § 1635, Regulation Z § 226.23, to rescind the above referenced mortgage loan. We have been advised by HUD experts that your mortgage loan# 19643675; Violates multiple truth in lending law as referenced in our February 5, 2007 letter to Select Portfolio Loan Service; was sent to Select Portfolio Loan Service, both by FAX and by certified within the time period for rescission, as defined by RESPA Therefore be advised that your security interest in our home is void per 15 U.S.C. § 1635; Regulation Z § 226.23 and you have twenty-days from the day you receive this communication, to return all of the payments we have made on this loan and to do your part to legally terminate the security interest our home. Also be aware that will still require copies of the original loan documents, that the loan officer failed to provide at the loan signing. All relevant documents pertaining to lhe loan are required by our loan auditor. Our efforts to obtain copies our original loan documents from Unisource · Escrow: Escrow File # 05-2004-MR, as instructed by Select Portfolio Loan Service were unsuccessful due to the circumstance that;· Unisource Escrow's original telephone In Santa Fe Springs CA. was disconnected. We have finally located Unisource Escrow at: faqot.:Cowan;: #L,. irvirie, CA 92614-tel~phone ·Ii 949-222-9090. We spoke with Unisource escrow officer: Kjmberly Martin, who said she was unable to pull up our file, or locate any Information whatsoever related to a loan under that escrow number. Thank you for your immediate attention to this matter. Sincerely, Betty Bryan Cat~erine Brya~ , II 8680 CALIFORNIA JURAY WITH AFFIANT STATEMENT • D See Attached Document {Notary to cross out lines 1-6 below) O See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature cf Document Signer t-lo. 2 Pl any) State of California Countyot4c:::b?:~&-, Subscribed and sworn to (or affirmed) before me on this J3/1i;da otfle(IL Dale Monlh , 20JQ_, by Year proved to me on the basis o tisfactory evidence to be the person who appeared before me (.) (,) (and (2) __ o<._ ___ o<..___---="-------=-~__,· .----- Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before Sig Pl;C<> Nolary Seal Abel'& -----------OPTIONAL------------ Though the information below is not required by Jaw, it may prove valuable to persons relying an !he document and could preverrt fraudulent removal and reattachment of this form to another document. Further Description of Any t_ttached Document TiUeoriypeotDoo;meni:.Al(ffia 'f.:('eal~~ /Qn Document Dale:~ J/J fJ /j., IJ/J q Number of Pages:-'-'-- Signer{s) Ol/lorThan Named Above:---------~--- AIGtHTtiUMBPRll'fT OFSIGNER#l Top of thumb here Top of lhumb here • C2007 Nalmal No1a!y AssociaHon • 9350 De Soto Aw., P,0. Bax 2402•Cha1$worlh,CA 91313-2402•WWW.NaliDn3ftltary.org nem 15910 Roocder.C.a!!Tol-F<M l-l!00-87&61127 \ I ., Case 08-11256-L T13 fjl~ JlflJ2/09 Doc 25-2 Pg. 2 ot 22 8681 ~-ALLIANCE TITLE DOC# 2005-1 000327 r*~-.,, NOt'!:hbB FHH\tl€IAI, s~irrees NOV 18. 2005 8:00 AM OfflOAl. AECOMS SAN Olf60 COU>l TY RECOADEA'S OFFICE GREGORY J. SMITH. coumY RE CORO EA A11IJ Aftet·RtconfJng Rearm To: .IMPPC FUNDOO aJU>. ATI'N: ro::; a:tnmL 1401 OCNE.S'!'REEI', SUITE 100 lOFCRT BEAOI, CALI~IA 92660-2431 I.Dan N\mber: ."4503040963 . f'£ES; 65.00 PAGES· 21 DA• '----__ _ __ 2oos ... 1000321 . __ . ./ ..... f-=5.._.j _2Lf_! ..... ( b __ -_J'.:4_2. __ ISplQAboft fhlsUneforR«:on:1ing DataJ ------- DEED OF TRUST DEFINITIONS Wcnb used ID mu1t1ple sedlom of this d11C111111!11l are deflmd below and alher wonls are defbied In ~ 3. I J. 13. 18. ZO 111d 21. ~ rules regi1dlug theus.,geof wonh used i.n dtls doc:umeotarealsoprovld!d In Stalon 16. (A) •&eu,ity 1mtnmzc;it• mtam thtsdacumffll, which lsdaletf NOVEMBER 7, 2005 , «ogether wtlh all IUden ID lhls doeumenl. (B) •1kff°""'•b BETTY BRYAN, A WIDOW AND CATHERINE BRYAN, A SINGLE WOMAn AS JOINT TENANTS 8onower b Ille bU5tUr under rhb Security lmtrulm!Dt. (C) "Lelldcr• Is NOVELLE FINANCIAL SERVICES Leodertu DELAWARE CORPORATION and msdng under die laws of DELAWARE Lm!a''saddres11s 1401 DOVE ST~ET, NEWPORT BEACH, CALIFORNIA 92660-2431 Lender Is the beneficiary under 1h15 Seautry Instrument. (D) "Trume•b RON MORRISON (B) 9Notc" imans the_ptemiwlry nm slgixd by Bo:rowtrmd dated NOVEMBER 7, 2005 The Note Slates Iha( 8onower owes Lender SIX HUNDRED FORTY-NINE THOUSAND AND 00/100 . . DoUars(U.S.S 649,000.00 ) plus Ull!rat. Bonvwer bas promised to pay 1h11 dtf)t ln regular Ptriodic Payments and lo pay lhe debt Ill full IJOt later Im DECEMBER 1, 2035 . · (P} "Property" mQ the property that Is described lletow 1111der die beading "Transfer of RJghts [n the Property." (G) '"JAaD• mamlhe debt mdenad by Ifie Hoce. plm lmimt. uy prepaymem dwgeslJ!d late daarges due under thr NOie. 11?111 all auns dme under drls Semrity lnstrwoort, plus Interest.. 60:b,/ . ---· ·--·----- .. MTGLQ Investors, LP Legal Department 3815 S. West Temple Street Salt Lake City, UT 84115 April 13, 2010 8682 April 13, 2010 Sent Via Certified Mail RE: The rescission of your Fraudulent Trust Deed Upon Sale, and fraudulent Conveyance of Title Of the real property located at: 3745 Adams Street, Carlsbad CA. 92008 Dear Sir or Madam, This letter is being sent to inform you that Pursuant to HESCA and State of California Civil Code 1696.14 (c), on April 13, 2010 mortgage loan consumer, Catherine Bryan, recorded a rescission of the October 30 2009, illegal Trustee's Deed Upon Sale, document recorded against the title of the real property located at: 3745 Adams Street, Carlsbad CA. 92008, APN # 205-270-13-00. Please be also ad"ised that: where that it is proven by a preponderance of the evidence that an "equity purchaser'' has been duly delivered Notice of Rescission under 15 U.S.C.A. § 1641 "Any consumer who has the right to rescind a transaction under section 1635 of Title 15 may rescind the transaction as against any assignee of the obligation" and it is a matter of record that as of June 13, 2009, you were advised by the "equity owner'' of an iJlegal and unwarranted foreclosure , and nevertheless elected to proceed with a secret and unauthorized sale, and subsequently reported and recorded a fraudulent equity purchase for an inappropriate amount of value, not approved by the ~'equity owner" therefore pursuant to HESCA the "equity purchaser'' is to be considered as in default, to the sale and in this case there may also be charges of fraud and financial abuse, as defined in Section 15610.30, of the CA. Welfare and Institutions Code. Pursuant to HESCA; The Home Equity Sales Contract Act regulates transactions between an equity purchaser and an equity owner resulting in the sale of residential real property in foreclosure. (Spencer v. Marshall (2008) 168 Cal.App.4th 783, 794; Segura v. McBride (1992) S Cal.App.4th 1028, 1035-1036.) California Civil code 1695.14 (a) In any transaction involving residential real property ill foreclosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable and tlie transaction may be rescinded by the 1 2 3 Enclosure 12 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 12 JAMES DILLIARD Professional Corporation Emphasis on .Acllte & Chronic Pai11 & Diffie11/t Cases Re: Catherine Bryan DOB: 03/07/1950 To Whom It May Concern: James C. Dilliard, D.C. Catlu:pt H. Dilliard, D.C. 531 N. Magnolia Avenue El Cajon, CA 92020 Phone: (619) 447-2651 Fax: (619) 447-2493 Catherine Bryan was in my office for evaluation on April 27, 2017. The patient presented with complaints of severe neck pain and limited mobility. She was examined and found to be suffering from myofascitis; segmental dysfunction of the cervical, thoracic and lumbar spine; and significant degenerative disc and joint disease of the cervical, thoracic and lumbar spine. The patient will require prolonged care and I anticipate the acute nature of her condition to be resolved within the first 10 to 12 weeks of treatment. Continued supportive care thereafter, will be necessary to stabilize the condition and maintain Ms. Bryan's ability to live independently. Due to the nature of her condition, her normal activities are now painful, prolonged standing or sitting is an aggravating factor and she would greatly benefit from travel assistance resulting in shorter travel times. If you have any further questions, please feel free to contact the office at {619) 447-2651. Sincerely, 1 Enclosure 13 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 13 (Slip Opinion) OCTOBER TERM, 2014 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321,337. 1 SUPREME COURT OF THE UNITED STATES Syllabus JESINOSKI ET UX. v. COUNTRYWIDE HOME LOANS, INC.,ETAL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 13-684. Argued November 4, 2014-Decided January 13, 2015 Exactly three years after borrowing money from respondent Country- wide Home Loans, Inc., to refinance their home mortgage, petitioners Larry and Cheryle Jesinoski sent Countrywide and respondent Bank of America Home Loans, which had acquired Countrywide, a letter purporting to rescind the transaction. Bank of America replied, re- fusing to acknowledge the rescission's validity. One year and one day later, the Jesinoskis filed suit in federal court, seeking a declaration of rescission and damages. The District Court entered judgment on the pleadings for respondents, concluding that a borrower can exer- cise the Truth in Lending Act's right to rescind a loan, see 15 U.S. C. §1635(a), (f), only by filing a lawsuit within three years of the date the loan was consummated. The J esinoskis' complaint, filed four years and one day after the loan's consummation, was ineffective. The Eighth Circuit affirmed. Held: A borrower exercising his right to rescind under the Act need only provide written notice to his lender within the 3-year period, not file suit within that period. Section 1635(a)'s unequivocal terms-a bor- rower "shall have the right to rescind ... by notifying the creditor ... of his intention to do so" (emphasis added)-leave no doubt that re- scission is effected when the borrower notifies the creditor of his in- tention to rescind. This conclusion is not altered by §1635(:f), which states when the right to rescind must be exercised, but says nothing about how that right is exercised. Nor does §1635(g)-which states that "in addition to rescission the court may award relief ... not re- lating to the right to rescind"-support respondents' view that rescis- sion is necessarily a consequence of judicial action. And the fact that the Act modified the common-law condition precedent to rescission at 2 JESINOSKI v. COUNTRYWIDE HOME LOANS, INC. Syllabus law, see §1635(b), hardly implies that the Act thereby codified rescis- sion in equity. Pp. 2-5. 729 F. 3d 1092, reversed and remanded. SCALIA, J., delivered the opinion for a unanimous Court. Cite as: 574 U.S. __ (2015) Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash- ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. 1 SUPREME COURT OF THE UNITED STATES No. 13-684 LARRY D. JESINOSKI, ET ux., PETITIONERS v. COUNTRYWJDE HOME LOANS, INC., ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT [January 13, 2015] JUSTICE SCALIA delivered the opinion of the Court. The Truth in Lending Act gives borrowers the right to rescind certain loans for up to three years after the trans- action is consummated. The question presented is whether a borrower exercises this right by providing written no- tice to his lender, or whether he must also file a lawsuit before the 3-year period elapses. On February 23, 2007, petitioners Larry and Cheryle Jesinoski refinanced the mortgage on their home by bor- rowing $611,000 from respondent Countrywide Home Loans, Inc. Exactly three years later, on February 23, 2010, the Jesinoskis mailed respondents a letter purport- ing to rescind the loan. Respondent Bank of America Home Loans replied on March 12, 2010, refusing to acknowledge the validity of the rescission. On February 24, 2011, the Jesinoskis filed suit in Federal District Court seeking a declaration of rescission and damages. Respondents moved for judgment on the pleadings, which the District Court granted. The court concluded that the Act requires a borrower seeking rescission to file a lawsuit within three years of the transaction's consum- 2 JESINOSKI v. COUNTRYWIDE HOME LOANS, INC. Opinion of the Court mation. Although the Jesinoskis notified respondents of their intention to rescind within that time, they did not file their first complaint until four years and one day after the loan's consummation. 2012 WL 1365751, *3 (D Minn., Apr. 19, 2012). The Eighth Circuit affirmed. 729 F. 3d 1092, 1093 (2013) (per curiam). Congress passed the Truth in Lending Act, 82 Stat. 146, as amended, to help consumers "avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing." 15 U.S. C. §1601(a). To this end, the Act grants borrowers the right to rescind a loan "until midnight of the third business day following the consummation of the transaction or the delivery of the [disclosures required by the Act], whichever is later, by notifying the creditor, in accordance with regulations of the [Federal Reserve] Board, of his intention to do so." §1635(a) (2006 ed.).* This regime grants borrowers an unconditional right to rescind for three days, after which they may rescind only if the lender failed to satisfy the Act's disclosure requirements. But this conditional right to rescind · does not last forever. Even if a lender never makes the required disclosures, the "right of rescission shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever comes first." §1635(f). The Eighth Circuit's affirmance in the present case rested upon its holding in Keiran v. Home Capital, Inc., 720 F. 3d 721, 727-728 (2013) that, unless a borrower has filed a suit for rescission within three years of the transaction's consummation, §1635(£) extinguishes the right to rescind and bars relief. That was error. Section 1635(a) explains in unequivocal *Following the events in this case, Congress transferred the author- ity to promulgate rules implementing the Act to the Consumer Finance Protection Bureau. See Dodd-Frank Wall Street Reform and Consumer Protection Act, §§1061(b)(l), 1100A(2), 1100H, 124 Stat. 2036, 2107, 2113. Cite as: 574 U.S._ (2015) 3 Opinion of the Court terms how the right to rescind is to be exercised: It pro- vides that a borrower "shall have the right to rescind ... by notifying the creditor, in accordance with regulations of the Board, of his intention to do so" (emphasis added). The language leaves no doubt that rescission is effected when the borrower notifies the creditor of his intention to re- scind. It follows that, so long as the borrower notifies within three years after the transaction is consummated, his rescission is timely. The statute does not also require him to sue within three years. Nothing in §1635(£) changes this conclusion. Although §1635(£) tells us when the right to rescind must be exer- cised, it says nothing about how that right is exercised. Our observation in Beach v. Ocwen Fed. Bank, 523 U.S. 410, 417 (1998), that §1635(£) "govern[s] the life of the underlying right" is beside the point. That case concerned a borrower's attempt to rescind in the course of a foreclo- sure proceeding initiated six years after the loan's -con- summation. We concluded only that there was "no federal right to rescind, defensively or otherwise, after the 3-year period of §1635(£) has run," id., at 419, not that there was no rescission until a suit is filed. Respondents do not dispute that §1635(a) requires only written notice of rescission. Indeed, they concede that written notice suffices to rescind a loan within the first three days after the transaction is consummated. They further concede that written notice suffices after that period if the parties agree that the lender failed to make the required disclosures. Respondents argue, however, that if the parties dispute the adequacy of the disclo- sures-and thus the continued availability of the right to rescind-then written notice does not suffice. Section 1635(a) nowhere suggests a distinction between disputed and undisputed rescissions, much less that a lawsuit would be required for the latter. In an effort to sidestep this problem, respondents point to a neighboring 4 JESINOSKI v. COUNTRYWIDE HOME LOANS, INC. Opinion of the Court prov1s10n, §1635(g), which they believe provides support for their interpretation of the Act. Section 1635(g) states merely that, "[i]n any action in which it is determined that a creditor has violated this section, in addition to rescis- sion the court may award relief under section 1640 of this title for violations of this subchapter not relating to the right to rescind." Respondents argue that the phrase "award relief" "in addition to rescission" confirms that rescission is a consequence of judicial action. But the fact that it can be a consequence of judicial action when § 1635(g) is triggered in no way suggests that it can only follow from such action. The Act contemplates various situations in which the question of a lender's compliance with the Act's disclosure requirements may arise in a lawsuit-for example, a lender's foreclosure action in which the borrower raises inadequate disclosure as an affirmative defense. Section 1635(g) makes clear that a court may not only award rescission and thereby relieve the borrower of his financial obligation to the lender, but may also grant any of the remedies available under § 1640 (including statutory damages). It has no bearing upon whether and how borrower-rescission under §1635(a) may occur. Finally, respondents invoke the common law. It is true that rescission traditionally required either that the re- scinding party return what he received before a rescission could be effected (rescission at law), or else that a court affirmatively decree rescission (rescission in equity). 2 D. Dobbs, Law of Remedies §9.3(3), pp. 585-586 (2d ed. 1993). It is also true that the Act disclaims the common- law condition precedent to rescission at law that the bor- rower tender the proceeds received under the transaction. 15 U.S. C. §1635(b). But the negation of rescission-at- law's tender requirement hardly implies that the Act codifies rescission in equity. Nothing in our jurisprudence, and no tool of statutory interpretation, requires that a Cite as: 574 U.S._ (2015) 5 Opinion of the Court congressional Act must be construed as implementing its closest common-law analogue. Cf. Astoria Fed. Sau. & Loan Assn. v. Solimino, 501 U.S. 104, 108-109 (1991). The clear import of § 1635(a) is that a borrower need only provide written notice to a lender in order to exercise his right to rescind. To the extent §1635(b) alters the tradi- tional process for unwinding such a unilaterally rescinded transaction, this is simply a case in which statutory law modifies common-law practice. * * * The Jesinoskis mailed respondents written notice of their intention to -rescind within three years of their loan's consummation. Because this is all that a borrower must ·do in order to exercise his right to rescind under the Act, the court below erred in dismissing the complaint. Accord- ingly, we reverse the judgment of the Eighth Circuit and remand the case for further proceedings consistent with this opinion. It is so ordered. f{ECEIVED BEFORE THE OFFICE OF ADMlNlSTR4TIVE HEARi 'GS AUG -7 2017 CITY OF CARLSBAD CITY CLERK'S OFFICE 0 SUBPOENA: Requesting Testimony ~SUBPOENA DUCES TECUM: Requesting the Production of Records or Things THE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO: I. At the request of O Petitioner ~ Respondent (party name) C 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: (date) ________ , at (time) _______ _,. and then and there to testify at: (location) 0 OAH, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 0 OAH, 1515 Clay Street, Suite 206, Oakland CA 94612 QOAH, 320 West Fourth Stre~t, Room 630, Los Angeles CA 90013 }KJ_oAH, 1350 Front Street, Room 3005, San Diego CA 92101 0 Other: . California. • 3 _ you are not required to appear in person if .you produce.the records describedin. the:accompanying. affidavit and a .completed __ . _. _ 2'.j,. declaration of custodian ofrecords in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to-the Office of Ad.mimstrati-ve.------------ Hearings at the address checked in. item 2. ( 4) Mail a copy of your declaration to the attorney or party sho,vn in item 1. 4. You are not required to appear in person if yciuj,ioduce the records ·desci-ioed in the accompariyin.g.affidii-iiifaiid a· cciinjileted .. fXJ declaration of custodian ofrecords in. compliance with Evidence Code section 1561. By f9Wjir'if 2.(. 1,017 (dizte),send therecordsto: l}Tfe,1liov1 vud6e f<ofoerJ" LJ~fkie Q i r <• Q r { 3SO Pr-o,/"/T <;;7ree. J ,?c.,,.,Te 3005 .5aol! OiejO C'~"; 92..iOi NOTE: This manner of production may not satisfy the requirements of Evidence Code section 15 61.for admission at hearing. D 5 __ you are ordered to appear i.11 person and to produce the recor-ds described in the accompany:L.,g affidavit.-The personal appearance of the custodian or other qualified 'kitness and the production of the origin.al records is required by this subpoena. The procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code will not be deemed sufficient compliance by this subpoena. • 6. Disobedience to this subpoena will be punished as contempt of court in the manner pr:escribed by law. 7. Witness Fees: Upon service of this subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. You may request them before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10. 8. IF YOU HA VE .AN-Y QUESTIONS ABOUT v\1Th1ESS FEES OR THE TIME OR DATE YOU A.~ TO APPEAR, OR TO BE CERTAJN THAT YOUR PRESENCE IS REQUIRED ON:THEDATE AND TIME SPECIFIED ABOVE, CONTACT THE PERSON REQUESTING THIS SUBPOENA,_ LISTED IN ITEM 1 ABG\l"E, BEFORE THE DA ty)-1S~D IN ITEM 2 ABOVE. 'Qate Issued) 1 /1 "l I ,z O l 7 (Signature of Authorizing Official) ~ r {_ -</4ll.. 11'/L,' (PrinledName}R,,J,prf l,),,f /.<ef (Tiffe)#~ /J~ ____ _ ~ -_---~ OAH-1 (Rev. 08/10) DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause i?xists for their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Com1ption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (]) The majority of the findings in City of Carlsbad inspection report are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Sumimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety laws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally sound and beautifui home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; (4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with ScottRudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan II, who subsequently embezzled the majority of the home improvement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad c (Use aauitional pages, it necessary, and attacll them to this subpoena.) Executed /!J lA'--'--"-0__.,...._.__~7 ___ , 20 17 at _c_ar_l_sb_a_d ______ ____, California. I declare under nalty of perjury that the foregoing is true and correct. METHOD OF DELIVERY of this subpoena: [gJ Personal Service -In accordance with Code of Civil Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: , O · Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: D Certified Mail, Return Receipt Requested -I sent a true copy of this subpoena via certified mail, return receipt requested to: (name and address of person) at the hour of J /:_~.,on¥ 7 __ , 20_,l-} ______ _ City of Carlsbad , State of California ~.-~-3_0JV} ___ _ (Signature ~arant) OAH-1 (Rev. 08/10) -REVERSE Please take receipt of the following attached page of the declaration of Catherine Bryan, in support of Catherine Bryan's request for City of Carlsbad Records in compliance with the subpIBna duces tecum issued subsequent to personal review of my current situation, by Administrative Law Judge, Robert Walker on 7/19/2017. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made ·according to rriy personal knowledge. 1. I require production of all correspondence related to the subject property, including the meeting ; minutes and report of each and every City of Carlsbad City Planning Meeting, or other City of Carlsbad Meeting therein planning or discussing any potential future development property located at 3745 Adams Street in Carlsbad California, (subject property) between the years of 2005 and 2017, including, but not limited to, all business correspondence with Yukiko Sumimoto, MTGLQ Investor's L.P. and any other individuals or entities bringing issues related to the subject property to the attention of City of Carlsbad municipal government, for the purpose of legally establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensatio_n, in deprivation of my civil and constitutional rights, culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute of limitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). I require these records. 2. I additionally require all records of reports I have made to City of C,:arlsbad's Police Department's Internal Affairs over the last five years, therein complaining of law enforcement misconduct, and each responsive communication issued by internal affairs. City of Carlsbad. City of Carlsbad is required by law to keep these records on file for at least five years. I require these records. 3. I require City of Carlsbad to provide City Council with confirmation of receipt and a copy of my two page letter delivered to City Attorney Celia Brewer, dated July 22, 2013. ( copy enclosed herewith for your convenience.) I require this record. Signed Executed on this day of August 7, 2017 -~="'-· ---'---'~=-<-_'--". =--·~·{3_""""'-'~=::...L--uO.._·L>N'.11"--_ "'---Catherine Bryan Appellant (cop~) July 22, 2013 Served Via Courier Attorney Celia Brewer Office of the City Attorney of Carlsbad 1200 Carlsbad Village Drive 92008 Re: Your Letter of July 17, 2013 Dear Attorney Brewer I have taken receipt of your letter dated July 17, 2013. Please correct me if I misinterpret the content of your letter. My overall impression from your letter is that City of Carlsbad officially elects to condone and ratify your employee and agent, Scott Rudinger's criminal activity, in relation to the elderly homeowners private property located at 3745 Adams Street, in Carlsbad rather than correcting or sanctioning Code Officer Rudinger's prior and present criminal extortion and ongoing illegal conspiracy with our defendants in Civil Case No: 3:10-CV-01605-CAB-KSC. Please be advised that as Plaintiff prose in Civil Case No: 3:10-CV-01605-CAB- KSC, I officially object to your absurd contention that it is standard practice and procedure for City of Carlsbad to research County of San Diego title records before issuing and mailing mandatory correction citation to a financial entity located in Houston Texas, for improperly parked vessels or vehicles. I also must respectfully point out that my sailboats are clearly personal recreational "vehicles" which have been properly stored on the Adams street property side-yard not front yard (whenever they are not in use in the water) in their current location for well over twenty-five years now, as of 2013 without any objection. Correct me if I misinterpret City of Carlsbad's official lack of concern or disinclination to investigate or sanction Code Officer Rudinger's prior and present extortion and illegal conspiracy with our prior and current defendants in Civil Case No: 3:10-CV-01605-CAB-KSC. My position must be that your letter officially refuses to provide me, Plaintiff Catherine Bryan, with appropriate remedies for your employee's outrageous non-constitutional and criminal acts. Leaving me with possible alternative recourse than to file a separate lawsuit against Rudinger, and City of Carlsbad. Consequently please take receipt of this courtesy copy of PLAINTIFF'S PROPOSED COMPLAINT and related pending MOTION TO ADD CITY OF CARLSBAD AND SCOTT RUDINGER NEW DEFENDANTS TO CIVIL CASE NO: 3:10-CV- 01605-CAB-KSC. As soon as a hearing date has been set for my motion, I will appropriately notify your City Clerk. 127-3204 1 of 2 July 22, 2013 Letter to City Attorney Celia Brewer Please be advised that this letter and attached enclosures constitutes your OFFICIAL NOTICE that Plaintiff Catherine Bryan intends to and will file a Federal Tort action against the City of Carlsbad for its wrongful and inappropriate violations of my private property rights. Further be advised that whether or not my Motion is Granted a new and separate Federal Complaint against Rudinger and City of Carlsbad will be filed. Any denial would only result in a separate and independent federal action being filed pursuant to the prior and ongoing continual Torts by City of Carlsbad, damaging me and depriving me of my fourth amendment rights to reasonable expectation of privacy. It what appears to be an ongoing civil and criminal conspiracy between MTGLQ Investors L.P. City of Carlsbad and their agent and your agent and employee Scott Rudinger. Very Truly Yours, Enclosures as indicated 107-3201 2of2 RECEIVED BEFORE THE OFFICE OF ADMINISTRATIVE HEARl1 GS AUG -7 2017 CITY OF CARLSBAD ITY CLERK'S OFFICE Agency/ Agenc_y ase No. {3oqr, OAH No. f) -~~ k • (~ 0 SUBPOENA: Requesting Testimony ~SUBPOENA DUCES TECUM: Requesting the Production of Records or Things THE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO: /4 <Ji:-/;f. i ~e_, f; o.r~ i 71.! (name and address of pe[).On being subgoenaed), . · fl 1 1 ~: C 45J;oJ .. OJ) o-t · Re~.,, ~5; !' 11!J. a:Co.l'!.f Pfi }''' 00 C 'r;aJ/ )/;//4 ~ c· / tJ CI\ Petitioner Respondent (name, address and telephone num&((r of contact perso~ r 1. At the request of D ~ CaThe,•:ne. f;.-r~ '\.f?; 3 74 S -r/di q •'?J ..,, ..• e.e C ,...,<t-" .. "t,, (I e, (' V\ n ('J c~,.Jshqcl LfJ, 9-zoo~ 0/9'G (party name) · ·ff;IJ f, 9A . V 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: {date) ,at (time) and then and there to testify at: (location) D OAH, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 OOAH, 320 West Fourth Stre~t, Room 630, Leis Angeles CA 90013 D OAH, 1515 Clay Street, Suite 206, Oakland CA 94612 )Kj_oAH, 1350 Front Street, Room 3005, San Diego CA 92101 D Other: California. ~ 3. You are not required to appear in per.son if-you produce.the records describedin.tb.e:.accompanying.affidavit and a .completed __ . .. _ declaration of custodian ofrecords in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpoena to the envelope or ·write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to-the Office of Administrati.v.e.---· ------------ Hearings at the address checked in item 2. (4) Mail a copy of your declaration to the attorney or party sho\.VD. in item 1. 4. YOU are not required to appear in person if you"imxfiice the records ·described ill the accompanying affidavit and a· completed· . . . (X] declaration of custodian of records in compliance v,ith Evidence Code section 1561. By $u3ia"sf 2.( /iPi 7 (date), send the records~~ ~Tie ,tjii<JVJ. vu~ae l<o her} lJ~lke r I 3 SO Pro</1T STr~e.r; >o..fe 300!5 5a-1 O,<tjO C'~\ 92.10/ NOTE: This manner of production may not satisfy the requirements of Evidence Code section 15 61.for admission at hearing. D 5 .. you are ordered to appear in person and to produce the records described in the accompanyii--ig affidavit.-The personal appearance of the custodian or other qualified v,itness and the production of the original records is required by this subpoena. Toe procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code,vill not be deemed , sufficient compliance by this subpoena. 6. Disobedience to this subpoena will be punished as contempt of court in the manner prE3scrlbed by law. 7. Witness Fees: Upon service ofthis subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, jf you so request. You may request them before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10. 8. IF YOU HA VE .Al'N QUESTIONS ABOUT WITh1ESS FEES OR THE TIME OR DATE YOU P..RE TO APPEAR, OR TO BE CERTAIN THAT Y01JRPRESENCE IS REQUIRED ON:THE DATE AND TIME SPECIFIED ABOVE, CONTACT THE PERSON REQUESTING IBIS SUBPOENA,_LISTED IN ITEM 1 ABOVE, BEFORJ: THE DAry},ISTED IN" ITEr.12 ABOVE. ·Qate Issued) 1 /1 l I '2 0) 7 (Signature of Authorizing Official) 4~ r {_~= < •. 'Printed Name/? ~prf l,~,/ f< ef· (T,/Je) ~ ~--,, ~ ·.····~ OAH-1 (Rev. 08/10) DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause existsfor their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Com1ption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe horne of 65 years. Appellant must evidentially demonstrate; (1) The majority of the findings in City of Carlsbad inspection report are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Sumimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety laws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally sound and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; ( 4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan Il, who subsequently embezzled the majority of the home improvement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad c {Use additional pages, it necessary, and attacn tnem to this subpoena.) METHOD OF DELIVERY of this subpoena: ~ Personal Service -In accordance with Code ofCJ.vil Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: · O · Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: D Certified Mail, Return Receipt Requested -I sent a true copy of this subpoena via certified mail, return receipt requested to: (name and address of person) at the hour or JI '1iJ _5p., on_ fl "'cf:;t 1 __ ., 20 rz City of Carlsbad , State of California fl2i·.~ ~ (Sign~~arant) OAH-1 (Rev. 08/10) -REVERSE Please take receipt of the following attached page of the Declaration of Catherine Bryan , in support of Catherine Bryan's request City of Carlsbad's compliance with the subpcena duces tecum issued on 7/19/2017 by Administrative Law Judge, Robert Walker. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. 1. I have reviewed City's exhibit I, consisting of a report of City of Carlsbad's Fire Department Report of a fire that could have easily spread to my carport and burned up the roof to my home at 3745 Adams Street. I find the record to be incomplete and insufficient as it does not provide me with the resultant CODE ENFORCMENT VIOLATION for removal of the RV, and my related invoice for $4,000 for repair of the electric lines. 2. Interestingly enough, the report do~s establish that the RV's owner was Lou Snider, an attorney who filed a quiet title against the subject property in San Bernardino Superior Court in 2007, on behalf of Rick Ardisonni and Anthony Chavez, whose false liens were subsequently removed by U.S Federal Bankruptcy Judge Laura Taylor in 2009. A fact substantially supports my assertion of criminal arson, followed by inadequate investigation. The instigator of the fire, Dean Griffin, could not have possibly provided investigators with ID or Driver's License, substantiating his false claim that he resided within the residence at 3745 Adams Street, in Carlsbad. 3. One of the issues raised in the inspection report, is the fact that my Electric Meter has been removed. I require production of the resultant Code Violation Notice, demanding removal of the huge burned up RV, and of the invoice for repair of the electrical lines concurrently sent to the owners of the property located at 3745 Adams Street in Carlsbad California, (subject property.) I additionally require copies of our responsive communication insisting the fire was deliberately set and demanding to be relieved from responsibility for repair of the electric lines. 4. Under these circumstances where there are many more evidentially established instances of improper code enforcement harassment of Appellant between the years of 2005 and 2017. Just as City of Carlsbad's improper use of MANDATORY CODE CORRECTION LIST, resulted in an unfair debt for $649,000 another improper CODE VIOLATION, deprived me electric service, unless I could remit a $5,000 payment to SDG &E. 5. Consequently these records are essential for establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation of my civil and constitutional rights, culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute of limitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United Statesv. Butler, 792 F.2d 1528 (11th Cir. 1986). Signed Executed on this day of August 7, 2017 ~~~~-~C2«'.2~~·£3~~~-=--irt..C,.,,.vQ'--'-+-----Catherine Bryan Appellant BEFORE THE OFFICE OF ADMINISTRATIVE HEARlNG RECEIVED AUG -'l 2017 0 SUBPOENA: Requesting Testimony ~SUBPOENA DUCES TECUM: Requesung the Production of Records or Things THE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO: 1. At the request of O Petitioner ~ Respondent (party name) , C - 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: (date) , at (time) and then and there to testify at: {location) D OAR, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 ooAH, 320 West Fourth Stre~t, Room 630, Los Angeles CA 90013 D OAH, !515 Clay Street, Suite 206, Oakland CA 94612 ~OAR, 1350 Front Street, Room 3005, San Diego CA 92101 D Other: California. 12}. 3'. You are not required to appear in per.son if.you produce.the records described.in.the:accompanyingaffic!avit anda~omple.ted ···-· _ declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, l562, and 1271. (1) Place a copy of the records in an envelope ( or-other 1,vrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to-the Office of Administrati.ve.----·--------- Hearings at the address checked in item 2. (4) Mail a copy of your declaration to the attorney or party shO\,vn in item 1. 00 4. You are not required to appear in person if yo1i produce the records ·described in the accompariying.af:fida\-1fand a· completed·. declaration of custodian of records in compliance v.ith Evidence Code section 1561. By $oo{t'it 2. { I '201 7 (date), send the records to: 1rrre ,1'1io.,-, ;;J""u Jae Ro &e,.T lJ4 { ke r 0 f 3 so Fro"?l c:;Jree.r; ,;;/.;re '3-0os .5a.Jl Di~o C'~~ 92..IOi NOTE: This manner of production may not satisfy the requirements of Evidence Code section 15 61/or admission at hearing. 0 5 .. You are ordered to appear in person and to produce the records described in the accompanyi,,g affidavit.-The personal appearance of the custodian or other qualified vvitness and the production of the original records is required by this subpoena Toe procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code ,vill not be deemed sufficient compliance by this subpoena. , 6. Disobedience to this subpoena will be punished as con tern pt of court in the manner prescribed by law. 7. Witness Fees: Upon service oftbis subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. You may request them before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10. 8. IF YOU HA VE Al"'N QUESTIONS ABOUT WITh-r:ESS FEES OR THE TIME OR DA1E YOU ARE TO APPEAR, OR TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED ON-THE DATE ANDTTh,1E SPECIFIED ABOVE, COr-.1TACTTHEPERSON REQUESTING THIS SUBPOENA,_LISTED 1N ITEM 1 ABOVE, BEFORE THE DAry)1S~D J:N' ITEM 2 ABOVE. ,ate Issued) 1 /J "'f (,:z O l '7 (Signature af Authorizing Official) ft-,,-t;z/2£ {.--<1-,~~, (PrintedName)/?,,J,,,_rf l,),/ke_r (Trlle)/l~ /J~ .. __ ~ ·.· -~- OAH-1 (Rev. 08/10) DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause exists for their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Com1ption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (1) The majority of the findings in City of Carlsbad inspection report are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors LP. and Yukiko Sumimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety laws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally sound and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; (4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan Il, who subsequently embezzled the majority of the home improvement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad c -(Use additional pages, it necessary, and attach them to this subpoena.) METHOD OF DELIVERY of this subpoena: !RJ Personal Service -In accordance with Code ofCrvil Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: · D · Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: O Certified Mail, Return Receipt Requested -I sent a true copy of this subpoena via certified mail, return receipt requested to: (name and address of person) at the hour of_/ h~~-, on _{i,'[j~'J __ ,2orz City of Carlsbad OAH-1 (Rev. 08/10) -REVERSE State of California t:A:· ~a, ~-~ (Signature ofcl ' ; Please take receipt of the following attached page of the Declaration of Catherine Bryan , . in support of Catherine Bryan's request City of Carlsbad's compliance with the subprena duces tecum issued on 7/19/2017 by Administrative Law Judge, Robert Walker. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. 1. I require production of each and every City of Carlsbad building department record, pertaining to the property located at 3745 Adams Street in Carlsbad California, (subject property) between the years of 2005 and 2017, including, but not limited to, all inspection reports resulting in Code Correction Lists issued against the subject property for the purpose of legally establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation of my civil and constitutional rights, culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute of limitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). through the issuance of City of Carlsbad's dilatory mandatory order to condemn. (a) ( according to City of Carlsbad Chief Building Inspector Patrick Kelly) In 2005, a party named Carolyn Blake, provided the City of Carlsbad Building Department with a false and forge "Quick Claim Deed," falsely representing that ownership of the subject property had been recently transferred to Carolyn Blake, I require this record. (b) ( according to Patrick Kelly) In 2005, a party named George Morgan II, requested inspections of the home located on the subject property, so that the previous owners (Catherine Bryan and Betty Bryan) could meet their responsibility to bring their fifty- year-old home compliant with newer building codes, as would be required under circumstances where there was a change of pending change of ownership. I require this record. (c) In 2005 Code Enforcement Officer, Scott Rudinger, knowingly acted on Carolyn Blake's false and forged Quick Claim Deed, knowing that Carolyn Blake and George Morgan, were not actually prospective new owners, but in truth, predatory lenders . seeking to solicit a high interest home improvement loan to elderly and unsuspecting City of Carlsbad homeowners, Betty Bryan and Catherine Bryan. ( d) City of Carlsbad Code Enforcement Officer Scott Rudinger thereafter, improper! y issued a "Mandatory Correction List Correction List", to homeowners Betty Bryan and Catherine Bryan, that was largely based on improper application of newer code derived from the California Safe Housing Act, enacted in 1965, that Scott Rudinger, fully knew, would not apply, to an older home family occupied home, where the Certificate of Completion was obtained in 1958, unless there was a valid pending change of ownership. I require this record. (e) In 2005, in order to comply with the deadline as was provided in Scott Rudinger's "mandatory correction list," Catherine Bryan, and Betty Bryan, agreed to allow Loan Officers Carolyn Blake, Demarco Fletcher, to employ, out of pocket, with the loan officer's own funds, building contractors hired to make all the urgently required mandatory corrections. (f) City of Carlsbad's exhibits 4-5 are insufficient to accurately reflect the homeowners' situation, in 2005, when solely due to Scott Rudinger's Mandatory Correction list, the Bryans were intimidated, frightened and coerced into applying for a home improvement loan for $649,000, and similarly signed multiple other documents, including building permit applications, were proffered by loan officers Carolyn.Blake; Demarco. Fletcher, and their contractors. (g) Homeowners Betty Bryan and Catherine Bryan 84-years-old and fifty-five years old respectively, individuals who clearly, were in no way capable of being involved with the reconstruction, and in fact, required by the contractors to live elsewhere, during their home's remodel. Facts that make it clear that the Bryans clearly had absolutely no control over how permits were handled or mishandled during the reconstruction period. (h) The Bryans DID agree to pay back Loan Officers Carolyn Blake, Demarco Fletcher, straight out of escrow, when Betty Bryan and Catherine Bryan's home improvement loan funded on November of 18, 2005, when said loan officers took possession of all the Bryan's loan funds, facts of elder financial fraud, leading to the Bryan's right to rescind and cancel their home improvement loan. Signed Executed on this day of August 7, 2017 ~a'Q 13 ~ Catherine Bryan Appellant Catherine Bryan; 3745 Adams Street, Carlsbad California, 92008 SENT BY PRIORITY MAIL AUGUST 7, 2017 Celia Brewer Attorney for City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92107 Re: Mandatory Order for Demolition Dear Attorney Brewer, 3:'.>l::f::fO S.)f~31J A.U::> O\f8S1~'t'O ::fO AJ.t::> ll0Z 8 0 9fft 03Af3~3~ As we approach our August 17, 2017 deadline for my submission of evidence in support of my appeal of City of Carlsbad's Mandatory Order to demolish and destroy my home, I would like to share the following related facts with City of Carlsbad. Please be advised that our research establishes that Yukiko Sumimoto is a straw buyer employed by Goldman Sachs aka MTGLQ Investors L.P. On the date of August 1, 2016, Yukiko Sumimoto was provided with a 30-demand for RECONVEYANCE OF A FORGED GRANT DEED, which property owner Betty Bryan, NEVER SIGNED OR AGREED TO. The demand letter explained that unless the grant deed was withdrawn within 30 days of Yukiko Sumimoto's receipt of our demand letter, that a criminal investigation would be opened into Yukiko Sumimoto's crimes of title fraud [Penal Code 115 PC] elder financial exploitation [Penal Code 368] notary fraud and forgery. I have contacted Lawrence Middleton, chief investigator Criminal Division at The U.S. · Attorney's Office, Criminal Division, 312 North Spring Street, 12th floor Los Angeles · and officially reported Yukiko Sumimoto for her crimes. Chief Investigator Middleton office suggested that I should first issue Yukiko Sumimoto's an official demand for withdrawal of her forged Grant Deed, recorded as document 2014-0126704, within 30 days, in order to avoid the necessity of investigation and criminal prosecution pursuant to the crimes described above. "The primary purpose of this correspondence, however, is to address City of Carlsbad's failure to provide me with all the necessary records required to support my issues timely - raised on appeal. On the date of Friday August 4, 2017, I met once again informally met with Administrative Judge Robert Walker, who suggested that City of Carlsbad was relying on a technical defect, through my pro per failure,. to check the correct box providing address of the administrative judge where your records are to be sent, to avoid compliance with my four subpoenas served to City of Carlsbad on July 20, 2017. However, this technical deficiency m filling out my subpoena DOES NOT relieve City of Carlsbad of its responsibility to provide all essential evidence, from City of Carlsbad's own records, as PARAGRAPH 2 of City of Carlsbad's NOTICE OF PUBLIC HEARING (copy enclosed herewith) clearly states "you may request the issuance of subpoenas to compel the presence of witnesses and production of books, documents or other things by filing an affidavit therefore with the City Clerk, for the City of Carlsbad, on or before August 11, 2017." Therefore, whether or not, my prose filed and served subpoenas were technically defective, or not, each subpoena was supported by the requisite affidavit, and clearly described the record essential to support the public 806-2017 1 of 3 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 corruption issues clearly raised within my administrative appeal, pending before the City of Carlsbad. I have requested the majority of these records twice now and City of Carlsbad is clearly in default as to the City of Carlsbad'S LEGAL OBLIGATION to provide all documents and records essential to prove and establish facts of Scott Rudinger's (1) continuing misuse of his municipal authority (2) ongoing financial crimes, and (3) related twelve year pattern of retaliatory harassment of me and my family. Finally, because City of Carlsbad's inspection report made unfounded and deliberately false allegations that my home of 65 years, "is an unsound dangerous building that has been expanded and altered," since my family home's final inspection in 1958, what is needed is a neutral third party expert evaluation of the structural soundness of my home. Not just another inspection to be conducted by the very same parties, who made deliberately false allegations leading to a dilatory Mandatory Condemnation Order. I therefore require City of Carlsbad to reach out and retain qualified THIRD- p ARTY, NON-CONFLICT OF INTEREST EVALUATION OF THE STRUCTURAL SOUNDNESS OF MY HOME, to be conducted by qualified and trained professionals. If so required, I agree in advance to foot the bill and pay for the essential and necessary qualified professional evaluations. But, with the understanding that I will request and deserve reimbursement, if expert analysis should determine that Mike Peterson's statements within the inspection report were not only flawed, but negligently made. Time is clearly of essence, so please review the content of the email provided directly below, and then contact licensed Structural Engineer, Tom Ramskill, who has indicated that, he is indeed, willing to be retained by City of Carlsbad, to conduct the requued neutral structural evaluation of the home located at 3745 Adams Street in Carlsbad on the week of August 14, 2017. Mike Smee <:level5.designer@gmail.com> . Jul 13 at 10:54 AM Hi Catherine, 1 hear that you are frustrated. I understand that you want to fight this. Structural engineers and architects are not free. I recommend Tom Ramskill a Building Framing and Foundation Specialist, Structural Engineer, Ph.D., S.E., P.E. (858-672-3702); with 28 years of experience, whose services cost $180/hour. Architect rates, will be similar. Tom can handle the structural comments as an expert witness. An architect can handle the architectural comments as an expert witness. You have both types of comments/ action items -thus, you need both types of consultants. You can disagree, but the facts remain. The only way around using both types of consultants is if Tom feels comfortable making statements about the architectural features listed in your action items. That will be his decision, but I assume he will want an Architect to perform architectural responses. 806-2017 2of3 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 I recommend you call Mike Peterson immediately and have him work up a list of the required permits as per the Notice to Repair. The engineer can use this in concert with your other paperwork to provide you with a thorough expert witness response. Good luck with your project. Best regards, Michael T. Smee . Level 5 Design · (760) 497-1940 (www.AnotherlevelOfDesign.com.) Respectfully submitted, ~ Catherineria cc. City of Carlsbad Mayor Matt Hall; City of Carlsbad Council Member Keith Blackburn; City of Carlsbad Council Member Mark Packard; City of Carlsbad Council Member Cori Schumacher; City of Carlsbad Council Member Michael Schumacher; Architect Michael T. Smee; Structural Engineer Tom Ramskill; Building Official Mike Peterson. 806-2017 3 of3 ~Jj () 0. Catherine Bryan; 3745 Adams Street, Carlsbad California, 92008 SENT BY PRIORITY MAIL AUGUST 7, 2017 Robbie Hickerson Department of Housing 1200 Carlsbad Village Drive Carlsbad, CA 92107 Re: City of Carlsbad Request for an inspection Dear Mr. Hickerson, Thank you kindly for your letter providing me with an opportunity to demonstrate my progress in remedying the relatively simple and easily correctable violations requiring my removal of illegally abandoned vehicles and the waste materials that were criminally dumped on my property by the same individuals who made numerous complaints against my property with City of Carlsbad. The purpose of this correspondence, however, is to address Mike Peterson's Inspection Report's more serious, and completely false and unfounded allegations of unsound expansion, and alteration of my home, WHICH THE ORIGINAL ASSESSORS BUILDING REPORT EASILY ESTABLISHES HAS NOT BEEN STRUCTUALLY MODIFIED SINCE THE CERTIFICATE OF COMPLETION WAS ISSUED IN 1958. Because City of Carlsbad's inspection report made unfounded and deliberately false allegations that my home of 65 years, "is an unsound dangerous building that has been expanded and altered," since my family home's final inspection in 1958, what is needed is a neutral third party expert evaluation of the structural soundness of my home. Not just another inspection to be conducted by the very same parties, who made deliberately false allegations leading to a Mandatory Condemnation Order. This letter requires City of Carlsbad to reach out and contract for competent THIRD- P ARTY, NON-CONFLICT OF INTEREST EVALUATION OF THE STRUCTURAL SOUNDNESS OF MY HOME, to be conducted by qualified and trained experts. If so required, I agree in advance to foot the bill and pay for the essential and necessary qualified professional evaluations. But, with the understanding that I will request and deserve reimbursement, if expert analysis should determine that Mike Peterson's statements within the inspection report were not only flawed, but negligently made. Time is clearly of essence, so please, contact your superiors at City of Carlsbad, and ask them to contract for an expert evaluation to be conducted by the highly respected and qualified professionals who sent me the email provided below; so that we may together endeavor to bring these issues to a satisfactory resolution. 806-2017 1 of 3 Catherine Bryan-3745 Adams Street, Carlsbad California, 92008 I have taken the liberty to discuss this matter by telephone with Structural Engineer, Tom Ramskill, who has indicated that, he is indeed, willing to be retained by City of Carlsbad, to conduct the required neutral structural evaluation of the home located at 3745 Adams Street in Carlsbad on the week of August 14, 2017. Mike Smee <1eve1S.designer@gmail.com> Jul 13 at 10:54 AM Hi Catherine, I hear that you are frustrated. I understand that you want to fight this. Structural engineers and architects are not free. I recommend Tom Ramskill a Building Framing and Foundation Specialist, Structural Engineer, Ph.D., S.E., P.E. (858-672-3702); with 28 years of experience, whose services cost $180/hour. Architect rates, will be similar. Tom can handle the structural comments as an expert witness. An architect can handle the architectural comments as an expert witness. You have both types of comments/ action items -thus, you need both types of consultants. You can disagree, but the facts remain. The only way around using both types of consultants is if Tom feels comfortable making statements about the architectural features listed in your action items. That will be his decision, but I assume he will want an Architect to perform architectural responses. I recommend you call Mike Peterson immediately and have him work up a list of the required permits as per the Notice to Repair. The engineer can use this in concert with your other paperwork to provide you with a thorough expert witness response. Good luck with your project. Best regards, Michael T. Smee Level 5 Design (760) 497-1940 (www.AnotherLevelOfDesign.com.) ~~ Catherine Biyru; ~ cc. City of Carlsbad Mayor Matt Hall; City of Carlsbad Council Member Keith Blackburn; City of Carlsbad Council Member Mark Packard; City of Carlsbad Council Member Cori Schumacher; City of Carlsbad Council Member Michael Schumacher; Architect Michael T. Smee; Structural Engineer Tom Ramskill; Building Official Mike Peterson; City of Carlsbad Attorney Celia Brewer. 806-2017 2of2 /' \ 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), da!ed May 1, 2017. You may be present at the hearing. You may be, but need not be, represent~d by counsel. You may present any relevant ~vidence 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, docurnents 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 r CITY OF CARLSBAD Office of the City Attorney August 9, 2017 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 www.carlsbadca.gov Re: Requests for Records and Witness Appearance for August 22, 2017 Appeal Hearing Dear Ms. Bryan: On July 21, 2017, the city received three "subpoenas duces tecum" and one "subpoena" from you. The city received duplicate copies of the three "subpoenas duces tecum" on August 7, 2017. The subpoenas are on a form issued by the State of California's Office of Administrative Hearings and contain a photocopied signature attributed to the Presiding Administrative Law Judge Robert Walker. They are titled "In the Matter of Catherine Bryan's Appeal of Mandatory Order to Condemn Issued May 1, 2017 by City of Carlsbad." The city does not have any matter pending before the Office of Administrative Hearings nor has the city issued a "Mandatory Order to Condemn." We therefore assume these subpoenas relate to your appeal of the Notice and Order to . . Repair dated May 1, 2017, which is set for hearing on August 22, 2017 before the City Council in its capacity as the Board of Appeals for the City of Carlsbad. While the State Office of Administrative Hearings does not have jurisdiction to issue subpoenas related to your appeal, the city is treating these as affidavits requesting documents to be produced by the city and the attendance of witnesses under Section 1303.1 of the Uniform Housing Code and are providing you with any responsive documents in the city's possession. Code enforcement officer Scott Rudinger has agreed to appear at your hearing. Additionally, for your information, I have enclosed a copy of the hearing procedures from Carlsbad Municipal Code sections 1.20.420 through 1.20.480. Please note that your presentation will be limited to 20 minutes, and that questions for any witness must be provided in writing to the Presiding Officer (Mayor), who will ask the question(s) to the witness. Please also note that the scope of the appeal hearing is limited to those matters you raised in your appeal dated May 26, 2017, under Section 1203 of the Uniform Housing Code. City Attorney 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax Page 2 The following is a description of the documents being produced on the enclosed CD: DOCUMENTS REQUESTED CITY'S RESPONSE SubQoena No. 1, Reguest No. 1: In addition to the records produced on July It ... all correspondence related to the subject 18, 2017, the city is producing all documents property ... II contained in its code enforcement files from 2005 to the present which includes correspondence related to the subject property. SubQoena No. 1, Reguest No. 2: These documents were already produced to If ... all records of reports I have made to the you on July 18, 2017. City of Carlsbad's Police Department's Internal Affairs11 SubQoena No. 1, Reguest No. 3: A copy of your July 22, 2013 correspondence "I require City of Carlsbad to provide City to Celia Brewer was already produced to you Council with confirmation of receipt and a on July 18, 2017. A copy of the letter will be copy of my two page letter delivered to City included in the documents provided to the Attorney Celia Brewer, dated July 22, 2013." City Council prior to the hearing on your appeal. SubQoena No. 2, Reguest No.-1: The city is producing all documents "(:ODE ENFORCEMENT VIOLATION for contained in its code enforcement files from removal of the RV, and my related invoice for 2005 to the present which includes Notices $4,000 for repair of the electric lines." of Violation related to abandoned vehicles and correspondence from Betty Bryan with an SDG&E invoice for $1,607.88. - SubQoena No. 2, Reguest No, 2: No documents are requested. SubQoena No. 2, Reguest No. 3: This appears to request the same docume_nts as Request No. 1. SubQoena No. 2, Reguest Nos. 4 & 5: No documents are requested. SubQoena No. 3, Reguest 1: In addition to the records produced on July If ... every City of Carlsbad building department 18, 2017, the city is producing all documents record pertaining to the property located at contained in its code enforcement files from 3745 Adams Street ... between the years 2005 2005 to the present. and 2017 ... II SubQoena No. 3, Reguest l(a): After a thorough search of city records, no A "Quick Claim Deed" from Carolyn Blake such document was found. SubQoena No. 3, Reguest l{b): After a thorough search of city records, no Requests from George Morgan for such document was found. inspections of the subject property Sub12oena No. 3, Reguest l(c}: No documents are requested. Page 3 DOCUMENTS REQUESTED CITY'S RESPONSE SubQoena No; 31 Reguest l(d): After a thorough search of city records no "Mandatory Correction List Correction List" document specifically entitled "Mandatory issued by Scott Rudinger to Betty Bryan and · Correction List" was located. In addition to \.. . Catherine Bryan SubQoena No. 31 Reguests l(e}-(h}: No documents are requested. Enclo_sures the records produced on July 18, 2017, the city is producing all documents contained in its code enforcement files from 2005 to the present which includes all code enforcement notices issued by Scott Rudinger related to the subject property. s~p )~ .{ ~ u:7~ Flora Waite, Paralegal 8/9/2017 1.20.420 Public hearings-When held. Title 1 GENERAL PROVISIONS Chapter 1.20 CITY COUNCIL PROCEDURE 1.20.420 Public hearings-When held. A. Wherever by law the city council is required to hold a public hearing on any matter before it, such hearing will be held in accordance with the rules and procedures set forth in this chapter. Nothing in this chapter shall prohibit or limit the city council from holding a public hearing on any matter before it, whether required by law or not, and nothing in this chapter shall prohibit or limit any member of the public from addressing the council in accordance with the procedures provided for in this chapter, irrespective of whether or not a public hearing is being held. B. All public hearings shall be scheduled to begin at a time certain which shall be the hour the council convenes. The council shall hold such hearings in order, in accordance with the schedule on the agenda at that time, or as soon thereafter as practicable. If the hearing is continued to a time less than 24 hours after the time specified in the notice of such hearing a notice of continuance shall be posted immediately after the meeting on the council chamber doors. (Ord. 1292 § 10, 1986; Ord. 1213 § 2, 1979) View the mobile version. 8/9/2017 1.20.430 Public hearings-Procedure. Title 1 GENERAL PROVISIONS Chapter 1.20 CITY COUNCIL PROCEDURE 1.20.430 Public hearings-Procedure. A. The presiding officer shall announce that it is the time and place for a public hearing scheduled on the agenda. B. Prior to all city council public hearings, copies of the council's agenda with attachments, including the staff report, if any, shall be available at the office of the city clerk at least 24 hours prior to commencement of the hearing; provided, however, the council may allow in its discretion the filing of supplemental reports which shall be made public at the commencement of the hearing. C. The order of the hearing shall be as follows unless otherwise required by law: · 1. Presentation of staff and/or planning commission report; 2. Questions from the council; 3. Presentation by the applicant, if any; 4. Testimony of people in favor; 5. Testimony of people in opposition; 6. Rebuttal of applicant. D. An individual speaker shall be allowed five minutes to address the city council except it may be shortened to three minutes or such other time limit as appropriate when announced by the' mayor at the commencement of the public hearing when, in the opinion of the mayor or majority of the city council, the length and duration of the public testimony would be unduly burdensome and prevent or :frustrate the city council from reaching a timely decision on the matter. In addition: 1. A written request to speak shall not be required; 2. The time limit for groups shall be 20 minutes; 3. The applicant shall have 20 minutes. E. . The presiding officer may, dependent upon the necessity for insuring adequate presentation of testimony and evidence to provide a fair hearing, set longer time limits than otherwise allowed by this chapter. The decision of the presiding officer may be appealed to the council. (Ord. CS-:096 § 2, 2010; Ord. 1213 § 2, 1979) View the mobile version. 8/9/2017 1.20.440 Public hearings-Evidence. Title 1 GENERAL PROVISIONS Chapter 1.20 CITY COUNCIL PROCEDURE 1.20.440 Public hearings-Evidence. A. During the public hearing, the council shall receive oral or written evidence relevant to the matter being considered which shall become part of the record. The presiding officer, or any member of the council through the presiding officer, may require th~ city clerk to swear any person giving evidence at the time of the hearing on the matter under consideration, if in the opinion of the presiding officer or any member of the council, the oath is necessary. Evidence received at public hearings provided for in this ordinance shall be relevant and material to the issues before the council; provided, however, that the rules of evidence as established by the Evidence Code for the St_ate of California shall be substantially relaxed in order to afford a full presentation of the facts essential for judicious consideration by the council of the matter which is the subject of the public hearing. Failure on the part of the city council to strictly enforce rules of evidence or to reject matters which may be irrelevant or immaterial shall not affect the validity of the hearing. Any procedural errors which do not affect the substantial rights of the parties shall be disregarded. The council may order the city clerk to issue, and the chief of police or representative to serve, subpoenas for any witnesses or records necessary for the production of evidence at any duly scheduled public hearing as provided for in this chapter. Any person, other than a member of the council, who wishes to direct question( s) to an opposing witness shall submit such question( s) to the presiding officer, who will ask the question( s) to the witness. The presiding officer may at his or her discretion restrict the number and nature of any questions asked pursuant to this section. B. If there is a staff report, it shall be considered as evidence and shall become part of the record of a public hearing. Such report need not be read in full as part of the staff presentation. A synopsis of such report may be presented orally by staff members to the council. In addition, any of the following may be presented to the city council and, if presented, shall also become part of the record: I. Exhibits and documents used by the city staff and any persons participating in the hearing; 2. Maps and displays presented for use at the hearing; provided that, whenever practicable, they shall be · displayed in full view of the participants and the audience; 3. All communications and p~titions concerning the subject matter of the hearing; provided that, a reading of such matters only shall be had at the request of a council member; 4. Information obtained outside the council chambers, such as a view of the site, provided such information, to the extent it is relied upon, shall be disclosed for the record. C. All exhibits, reports, maps and other physical evidence placed before the council shall be retained by the city clerk as public records. Such exhibits may be released by the clerk with the approval of the city attorney. (Ord. 1213 § 2, 1979) View the mobile version. 8/9/2017 1.20.450 Public hearings-Continuation. Title 1 GENERAL PROVISIONS Chapter 1.20 CITY COUNCIL PROCEDURE 1.20.450 Public hearings-Continuation. At any time that it appears to the presiding officer or a majority of the council through the presiding officer, that inadequate evidence has been presented to afford judicious consideration of any matter before the council at the time of a public hearing, or for other just cause, a continuation of said hearing may be ordered to afford the applicl!,nt, his or her opponents, or the city staff adequate time to assemble additional evidence for the council's consideration. Any continuation ordered by the council through its presiding officer shall be to a date certain, which said date shall be publicly announced in the council chamber and shall constitute notice to the public of the time and place that further evidence will be taken. A public hearing may be continued in the event the matter is to be returned to the planning commission for further consideration. In this event, the presiding officer shall publicly state in open council meeting the fact that the matter has been returned to the planning commission for consideration and that the council hearing will be continued on a date certain. The public announcements provided for in this section shall constitute notice to the applicant and his or her opponents of time and place when further evidence will be taken by the council. The council shall also have the option to set the matter to a hearing de novo. (Ord. 1213 § 2, 1979) View the mobile version. 8/9/2017 1.20.460 Public hearings-Closing. Title 1 GENERAL PROVISIONS Chapter 1.20 CITY COUNCIL PROCEDURE 1.20.460 Public hearings-Closing. When neither the applicant, his or her opponents, nor the. city staff have further evidence to produce, or when the opinion of the presiding officer or the majority of the council through the presiding officer sufficient evidence has been-presented, the presiding officer shall order the public hearing closed, at which time no further evidence, either oral or written, will be accepted by the council; provided, however, that this rule may be relaxed by the presiding officer or the majority of the council through the presiding officer where it appears that good cause exists to _hear further evidence concerning the matter which is the subject of the public hearing. (Ord. 1213 § 2, 1979) _ View the mobile version. 8/9/2017 1.20.470 Public hearings-Reopening. Title 1 GENERAL PROVISIONS Chapter 1.20 CITY COUNCIL PROCEDURE 1.20.470 Public hearings-Reopening. A public hearing on any matter once closed cannot be reopened on the date 1,et for hearing unless the presiding officer determines that all persons who were present when the hearing closed are still present. Nothing in this section, however, is intended to prevent or prohibit the reopening of a public hearing at any subsequent regular or special meeting of the council. No public hearing may be reopened without due and proper notice being given to the applicant and his or her opponents designating the time and place of said reopening. (Ord. 1213 § 2, 1979) View the mobile version. 8/9/2017 1.20.480 Public hearings-Decision. Title 1 GENERAL PROVISIONS Chapter 1.20 CITY COUNCIL PROCEDURE 1.20.480 Public hearings-Decision. A. The city council shall consider all evidence properly before them in accordance with this chapter. The council shall then indicate its intended decision and instruct the city attorney to return with the documents necessary to effect that decision, including findings as may be appropriate to the matter. Upon return of such documents, the council shall determine if the findings are supported by the evidence before it at the hearing, and if the decision is supported by the findings, and after making any changes render its decision by taking action on the documents. The city council's decision is not final until adoption of the documents. B. A council member who was absent from all or a part of a public hearing shall not participate in a decision on the matter unless the council member has examined all the evidence, including listening to a recording of the oral testimony or reviewing a videotape or other electronic medium of the proceedings and can represent that he or she has a full understanding of the matter. (Ord. NS-709 § 2, 2004; Ord. 1213 § 2, 1979) View the mobile version. RECEIVED AUG 1 0 2017 CITY OF CARLSBAD 1 CITY CLER "7. ----; f Catherine Brvan in Suooort of reauest for Subooena Duces 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 Tecum & Subpoena Ad Testificandum, for the production of records and of testimony at the August 22, 2017 Public Hearing, as described in detail below. I, Catherine Bryan, property-owner of the real property located at 3 7 45 Adams Street, in Carlsbad California (hereinafter "subject property") make the following statements in support of request for witness testimony of essential parties, and for the production of records and documents currently in the possession and control of the Custodian of Records, for the City of Carlsbad. I declare that all that following statements are true and correct and made according to my personal knowledge. 1. The property located at 3747 Adams Street, in Carlsbad California, ("subject property,") was purchased outright for cash in 1952, and was held free of all mortgages and encumbrances from 1952 until 2005. 2. I am sixty-seven years-old, and other than for short time periods, I have continually resided at my home on the subject property, since two years of age. 3. My father, Clarence Bryan, built my family home, located on the subject property over the time period from 1953-1957, and although subsequent to 1958, much of the wooden parts of the roof and carport, and the retaining wall supporting the carport have been gradually replaced with new materials, whenever the old materials became compromised or deteriorated, none of the structure of my home has been modified, expanded or altered, and my home on the subject property,. remains structurally exactly the same as when my father finished building it in 1958. 4. My kitchen has never been remodeled, my kitchen sink has RUNNING WATER, and none of my kitchen cabinets have ever been replaced modified or removed [1] Affidavit of Catherine Bryan in Support ofrequest for subpoena duces tecum & subpoena ad testificandum. 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 and my kitchen remains exactly the same as when my father built finished building my family home in 195 8. 5. Similarly, other than gradual replacement of old deteriorating wooden timbers, with new wood, in the carport and three roofs, the building remains exactly as it was built in 1957. No part of my home has ever been modified, expanded or structurally altered. 6. Similarly, no bedrooms have been changed, added expanded or altered, nor have the stairways to my home's upper level, or my home's upper level ever been altered, or structurally modified in any way since 1958. 7. On or about October 4, 2016, I took receipt of a document entitled Inspection Report signed by City of Carlsbad Building Official Mike Peterson, falsely stating, among other things that my 65-year-old home is a dangerous building that has been expanded, altered, and structurally modified in unsound ways, specifically referring to the headway, above the stairways to the upper level, the carport's lack of railings, expanded or changed bedrooms, improper framing, removal of my kitchen and lack of a kitchen sink with running water. 8. Because Mike Peterson's Inspection Report, made numerous false statements inventing facts of, "expansions, alterations and unpermitted structural modification," to my home of 65-years, I can only assume that the City of Carlsbad Building Department Officials in support of his side of my ongoing disputes with Code Enforcement Officer Scott Rudinger, and his police officer friends and associates, are now making good on their numerous and frequent threats to "take down my home." Thus, I require my numerous complaints between the years of 2007-2017 [inade both to internal affairs and to the City of Carlsbad Attorney] of non-constitutional searches, continuing threats to use forcible inspections to "take down my home" and other continuing improper [2] Affidavit of Catherine Bryan in Support Qf request for subpoena duces tecum & subpoena ad testificandum. 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 harassment of me and my family members made to internal ajf airs, and to City of Carlsbad records to be provided for consideration to City Council, along with this my affidavit, so that the City of Carlsbad Council Members who will make the decision whether to follow through on Mike Peterson's Mandatory Order to Demolish my home in 45 days of May, 1, 2017, can take all my evidence of misconduct in consideration. 9. The unusual severity of City of Carlsbad's mandatory demolition of my home in 45 days of May 1, 2017, under these circumstances, leads me to suspect that a quick summary demolition of my home is being required to erase all potential evidence of the very substantial flaws in Mike Peterson's Inspection Report. 10. For this reason I have urged City of Carlsbad to obtain, prior to the August 22, 2017 hearing, an independent, neutral, third party expert evaluation of the structural soundness of my home, to be conducted by a qualified architect and structural engineer, qualifications which Building Official Mike Peterson lacks. 11. I concurrently require City of Carlsbad Council Members who will make the decision whether to follow through on Mike Peterson's Mandatory Order to Demolish my home, "as an unsound building that is a danger to public health and safety," to carefully review all my prior complaints of City of Carlsbad Law Enforcement Officer threats to "take down my home," made from the time period from 2007-2017, in fact, consistently made, ever since I reported Code Enforcement Officer Scott Rudinger to the San Diego District Attorney (Anthony Sampson) for financial crimes relating to his improper mandatory home inspections, used for the wrongful purpose of forcible solicitation of Predatory Home Improvement Loans. [3] Affidavit of Catherine Bryan in Support of request for subpoena duces tecum & subpoena ad testificandurn. 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 12. For these same reasons I require City of Carlsbad Council Members who will make the decision whether to follow through on Mike Peterson's Mandatory Order to Demolish my home, to carefully examine each and every Code Violation Notice Issued against me, or against my property, by Scott Rudinger, between the years of 2007-2017, along with the full record, of my October 3, 2016, written denial of City of Carlsbad's "courtesy notice" requesting an inspection date, specifically including all pertaining photographic exhibits of satellite maps of my property, and the three other properties within a city block of my home, each with a boat of a similar size, stored much closer to the City Street. 13. Relevant Superior Court records, reflect the fact that on March 1 7, 201 7, Code Enforcement Officer Robbie Hickerson, obtained an Inspection Warrant, at least partially, by providing Honorable Robert P. Dahlquist, a copy ofmy base eight page Denial of the Courtesy Request to Inspect, concurrently stripping away all my numerous and relevant supporting exhibits, including the relevant exhibits of Google Satellite Photographs of the subject property, and the three homes, located within a city block of my house, each with large boats stored directly in front of each of these homes, for the last five years, accurately reflecting Scott Rudinger's persistent targeting of me and my home, with terrorism through unfair selective code enforcement. 14. I was personally informed by City of Carlsbad Chief Inspector Patrick Kelly that back in 2005; (1) Loan Officer Carolyn Blake presented City of Carlsbad with a Quick Claim Deed, and alleged she [Carolyn Blake] was the new owner of the subject property who intended to develop the subject property. I require the building department records in 2005, pertaining to the subject property, to be [4] Affidavit of Catherine Bryan in Support of request for subpoena duces tecum & subpoena ad testificandum. 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 provided to the City Council members who will determine whether my home will be subject to demolition, along with a copy of this my affidavit. 15. I was personally informed by City of Carlsbad Chief Inspector Patrick Kelly that in 2005; Attorney George Morgan II, requested building inspections of my home on the subject property, pursuant to an untrue representation of a pending change of ownership. I specifically require the City of Carlsbad building department records of George Morgan's request for inspections, to be provided to the City Council members who will determine whether my home will he subject to demolition, along with a copy of this my affidavit. 16. When the home inspections required by Attorney George Morgan II were conducted in 2005, Code Enforcement Officer Scott Rudinger, Attorney George Morgan II and Carlsbad Law Enforcement Officer Simmons were each present in my home, threatening me with prospects of condemnation and demolition almost identical to my current situation, and each of these individuals fully knew there was no pending change of ownership of the subiect propertv, and also knew that the true and sole purpose of the mandatory inspections, was to create artificial financial pressure, needed to induce to me and my elderly mother to commit to and assume a predatory home improvement loan for $649,000, that we could never pay off. thereby forcing us to relinquish the subiect propertv. 17. In order establish that Scott Rudinger and his friends and associates, are seeking to condemn and demolish my home in retaliation for my reporting Scott Rudinger and his associates for the :financial crimes described above, I require City of Carlsbad Council Members who will make the decision whether to follow through [5] Affidavit of Catherine Bryan in Support of request for subpoena duces tecum & subpoena ad testificandum. 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 on Mike Peterson's Mandatory Order to Demolish my home, to carefully examine all City of Carlsbad Building Department records pertaining to the subject property, with special attention to the requests for building department inspections of my home, made by Attorney George Morgan, and loan officer Carolyn Blake, in 2005, therein falsely representing an untrue change of ownership in favor of loan officer Carolyn Blake, I further require subpoenas to be issued by Citv of Carlsbad Attornev, for the testimony of Attorney George Morgan II, Code Enforcement Officer Scott Rudinger, and Carlsbad Law Enforcement Officer Simmons, at my August 22, 2017 hearing. so that the truth of these matters can be established at my hearing. 18. On the afternoon of Sunday December 15, 2013, Yukiko Sumimoto and William Bennett, emerged from a gold Lexus automobile parked a few houses down from my property located at 3 7 45 Adams Street in Carlsbad California and then entered my property, in front of at least four non-family witnesses, 19. William Bennett, introduced himself as a law enforcement official, showing everyone present his FBI badge, identifying him as [William Bennett] concurrently ordering everyone off my property, before he [William Bennett] was forced to call City of Carlsbad police to enforce our removal. 20. On Sunday December 15, 2013, I suggested to Yukiko Sumimoto and William Bennett, that contacting the local police was a very good idea, and asked "William Bennett," for identification establishing his identity and federal authority, purported FBI agent William Bennett, responded, "I don't have to show you that!" Then FBI agent William Bennett attempted to interrogate me asking multiple personal questions, to which I answered, "Before we discuss these matters, please at least provide me with your business card, because I won't speak [61 Affidavit of Catherine Bryan in Support of request for subpoena duces tecum & subpoena ad testificandum. 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 with you or answer your questions until I can establish your authority as a federal law enforcement agent." 21. William Bennett "the FBI agent," then stated his business cards were easily available in his vehicle, and would be provided to me shortly. 22. William Bennett "the FBI agent," went on to state; " I know all about your Ninth Circuit Court Case, and that doesn't matter to me, I intend to have you legally removed from this property within 30 days. 23. I then asked my son, Duncan Faulkner, to stay with William Bennett "FBI agent," until he provided us with a copy of the business card, typically provided to any agent of the Federal Bureau of Investigation, while I went inside my home to my contact assigned agents at the FBI. ( FBI agents who were assisting me with elder financial fraud issues related to the loan officers' procurement and subsequent embezzlement of my home improvement loan funds in 2005.) 24. However, because it was Sunday, I was only able to leave an inquiry message with my contact FBI agents. 25. When I came back outside, my son, Duncan Faulkner informed me, that William Bennett "FBI agent," stated he would return within 15 minutes with his business card and other verifying documents. According to my son, he observed Yukiko Sumimoto and William Bennett "FBI agent," enter their gold Lexus, and quickly drive away. 26. William Bennett never returned with the requisite identifying business card. 27. Recently, during the process of obtaining all pertaining legal documents for my upcoming August 22, 2017, administrative hearing before City of Carlsbad City Council, I became aware of a :fraudulent Grant Deed, recorded by Yukiko [7] Affidavit of Catherine Bryan in Support of request for subpoena duces tecum & subpoena ad testificandum. 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 Sumimoto on the date of April 1, 2014, that purports to be a conveyance of title from Betty Bryan, to Yukiko Sumimoto for a valuable consideration. 28. I have carefully scrutinized and examined the purported "signature of Betty Bryan," on the Grant Deed recorded by Yukiko Sumimoto, and it is clearly forged, and appears nothing like my mother's[Betty Bryan's] true signature. 29. My mother's true and valid signature is available on numerous other title and deed of trust documents, and it takes no handwriting expert to determine Betty Bryan's alleged signature on Yukiko Sumimoto's Grant Deed has been forged. 30. City of Carlsbad Council Members should consider that if Yukiko Sumimoto and William Bennett, had a valid ownership claim to the subject property; a claim that would withstand examination in a court of law; then Yukiko Sumimoto and William Bennett, would only need to follow proper and legal State of California Superior Court summary eviction procedures and take possession of my home, instead of paying yearly property taxes of $10,000 since 2014, and meanwhile attempting to use unclean and underhanded methods get City of Carlsbad to condemn and demolish my home to improperly favor their financial interests. 31. I duly reported William Bennett and Yukiko Sumimoto to the FBI, for their crimes of title fraud [in violation of Penal Code 115 PC] and elder financial exploitation [in violation of Penal Code 368] forgery, and impersonating a federal law enforcement officer. (Impersonating a federal agent to receive some advantage or deceive other people by giving false reports is a specific intent crime punishable by a minimum of five years in prison.) 32. On the date of August 1, 2017, I served Yukiko Sumimoto, with an OFFICIAL DEMAND FOR RECONVEY ANCE OF TITLE, by means of return receipt [8] Affidavit of Catherine Bryan in Support of request for subpoena duces tecum & subpoena ad testificandum. 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 certified mail, that was delivered to Yukiko Sumimoto at, 4401 Palos Verdes Dr. E, Rancho Pales Verdes California. 33. Herein attached to this my affidavit as exhibit I, is the return receipt card, signed by William Bennett, who appears to reside with Yukiko Sumimoto. I Catherine Bryan; the affiant, have read the foregoing affidavit and know its contents. All the above mentioned matters stated are true and based on my own knowledge, except those matters stated on information and belief and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the United States of America, that all the foregoing information is true and correct. Signed Executed on this day of August 10, 201 7, A notary public or other officer cm~plet!~g this certificate verifies only the 1ctenmy or 1he individual who signed the document, tu which this certificate is attached, and r.ot the truthfulness, accuracy, or validity ot that document. [9] • · DAREN VASS . :xi • NOTARY PUBLIC•CALIFO~NIA i ... COMM. NO. 208748~ -SAN Dl~GO COµNiY MY COMM. EXP, NOV. 21, 2018 Affidavit of Catherine Bryan in Support of request for subpoena duces teclllll & subpoena ad testi:ficandum. 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 Exhibit I [10] Affidavit of Catherine Bryan in Support of request for subpoena duces tecum & subpoena ad testificandum. \ _________ ....... ~--- :usf!S:~K~~~-;c.:.-:,. 11111 IIIIUIIII Ill . 9590 9402 2402 6249 4826 58 111111 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 United States Postal Service • Sender: Please print your name, address; and ZIP+4® in this box~ f'r, 77,,., "· /• o {'.:'.---:>tc~ q ii) \., f.-\ I ,,._,. , • • ..___ l /i I ~ <;1 37cts r/o,Qftt_S J.J Col' /_:5. &>ad I t l \ -r I -, ----------·-----------·-------~--------------------------_____ ._ _____________________ ) .. SENDER: COMPLETE THIS SECTION . COMPLETE THIS SECTION ON DELIVERY -·~: . '-\ ., ' ' • Complete items 1, 2, and 3. • Print your name and adclress Ql1 the reverse so that we can return the card to you. • Attach this card to the back of the mclilpiece, or on the front if space permits. 1. Article Addressed to: '1 (,\ k; f: C S'u ,71 : ,VI §1; L/'901 R/0> /k.c-des J)r-. £' /<'a"" c. ho fff fo ":;./-4-M'clu: c. fl. qo?'1~~ - II IIIIIII IIII IIIIIII Ill II llll lHII I Ill II I 11111 9590 9402 2402 6249 4826 58 3. Service Type D Adult Signature 0 Adult Signature Restricted Delivery rtifiedMail® 0 Priority Mall Express® l D Registered Mail™ t D Registered Mail Restricted; Defivery ; D Return Receipt for i Certified Mail Restricted Delivery D Collect on Denvery ~_...,.2-. -:-Ar:ti-c .• :--:cl,--e-:--:N-um_b_e_r -=m=--clfl-s-=fe-· r--=fro_m_s-erv_i_ce_!_ab_el.,,.)-----1 D. Collect on Delivery Restricted Delivery . ;tns urecf Mail Merchandise ! D Signature Confirmation™ i 0 Signature Confirmation i 7 016 3560 ODO 1 10 52 8 7 9 9 'inStJred Mail Restricted Delivery '(over $500) PS Form 3811, July 2015 PSN 7530-02-ooo-so53 Restrlc!ed Delivery l Domestic Return Receipt ., MOTION FOR STAY BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS; 1350 FRONT STREET; ROOM 3005, SAN DIEGO CALIFORNIA 92101 PLEASE TAKE NOTICE OF PROPERTY OWNER; CATHERINE BRYAN'S; EXPEDITED MOTION FOR STAY OF PROCEEDINGS PENDING CITY OF CARLSBAD'S COMPLIANCE WITH CALIFORNIA'S ADMINISTRATIVE PROCEDURE ACT ARTICLE 11§ 11450.10. OWNER/APPELLANT: PROPERTY LOCATION: CATHERINE BRYAN Telephone# 760 696 0186 3745 Adams Street, Carlsbad Ca. 92008 I. BACKGROUND RECEIVED AUG 14 2017 CITY OF CARLSBAD CITY CLERK'S OFFICE On May, 5, 2017, property owner, Respondent Catherine Bryan, (" Catherine Bryan") a disabled senior citizen of 67, years, took receipt of a communication from City of Carlsbad, ("City") entitled municipal NOTICE OF ORDER TO REPAIR, "NOTICE" that required Catherine Bryan to pay for inspection permits, initiate and show progress on $100,000 of mandatory repairs to her home within 30 days, or mandatory demolition of her home must commence in 45 days. (EXHIBIT I) On May 25, 2017, Catherine Bryan, timely requested an Administrative Hearing under applicable provisions of the Uniform Housing Act; raising issues of the " false and prejudicial statements in Mr. Peterson's "Inspection Report" as bizarre and completely unfounded;" such as:, (a) Catherine Bryan's home has unpainted wooden walls which are substantially deteriorated; (b) Catherine Bryan's home has floors which are spongy; ( c) Catherine Bryan's kitchen has been removed and there is no kitchen sink with running water; (d) Catherine Bryan's 65-year-old house has been altered and expanded in improper ways, including new bedrooms, a carport, improper framing of an upper level that lacks any support, and dangerously sagging beams, and as such, City of Carlsbad's 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 goes on to state that; "demolition must commence within 45 days of the date of the Notice and Order." Catherine Bryan's May 25, 2017, Request for an Administrative Hearing required immediate relief through a stay of prosecution of City of Carlsbad's NOTICE as follows; ''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 an independent expert evaluation of the condition of Appellant's home is obtained .... " 1 MOTION FOR STAY NOTHIRDPARTY EXPERTEVALUATION Affidavits served in this case, establish how Catherine Bryan reached out to the Attorneys for the City of Carlsbad, and also to the mayor and each City Council Member, providing material evidence of false and fraudulent fmdings in the Inspection Report, requesting withdrawal of the NOTICE and concurrently demanding a non-City Employee, third-party expert evaluation of the condition of her home to be conducted by a qualified architect and structural engineer; City responded through delivery of request for a new inspection date, to re-examine Catherine Bryan's home; by parties who made fraudulent misrepresentations. SUBPOENAS DUCES TECUM On July 19, 2017, Catherine Bryan, provided a synopsis of her issues, to an administrative law judge at 1350 Front Street; room 3005, San Diego California 92101, the judge provided Catherine Bryan with a signed Subpoena along with a handout of instructions, explaining the requirements, pertaining evidence codes, and verbally instructing Catherine Bryan, to make as many photocopies, as needed. Four subpoenas were subsequently served on City of Carlsbad. (Exhibit Il.) INDEPENDANT EVALUATION CONDUCTED BY JIM BELL Exhibit Ill, attached herewith, provides a video tape of expert testimony as to the flaws in Carlsbad's NOTICE, along with a walking tour of Catherine Bryan's home, conducted on August 13, 2017, by expert architect and designer, Jim Bell, a current candidate for 2nd District City Council and internationally recognized expert on sustainable architecture (such as Catherine Bryan's adobe home). As a lecturer, Jim Bell speaks to many groups each year. His lecture credits include the AIA California State Conference, the Society for International Development's World Conference in Mexico City, and keynote addresses at the University of Oregon's first "Visions for a Sustainable Future" conference and the State of Oregon's Solar Energy Association Conference. Jim Bell's achievements include the design and construction of the San Diego Center for Appropriate Technology and Ecoparque, a prototype wastewater recycling plant in Tijuana, Mexico that converts sewage into irrigation water and compost; work as a consultant for the Otay Ranch Joint Planning Project, the East Lake Development Company, and the design of a life support friendly hotel for Terra Vista Management. Jim Bell was also the Architect and Ecological Designer for the Ocean Beach People's Food Cooperative's new "green" store. Jim Bell has over 40 years experience in engineering, design and in the construction industry. MOTION FOR STAY CITY OF CARLSBAD'S NON-COMPLIANCE: EXHIBIT IV-attached herewith, provides the Office of Administrative Hearings with a copy of City of Carlsbad's objections to Catherine Bryan's SUBPOENAS, apparently on the basis that Judge Robert Walker signature has been photocopied, and also on the basis that the Office of Administrative hearings, has no jurisdiction over the City of Carlsbad. The letter goes on to state that the City of Carlsbad Building is not required to provide the relevant and essential correspondence records with Yukiko Sumimoto and MTGLQ Investors L.P. required to support the public corruption issues so clearly raised in Catherine Bryan's appeal. The letter also states the Carlsbad Building Department attempted to locate, but cannot find, the relevant building department records of the Requests for Inspection made by attorney George Morgan on behalf of Loan Officer Carolyn Blake, or the massive Mandatory Code Correction list that resulted in the predatory home improvement that encumbered Catherine Bryan's home for $649,000; the majority of which was embezzled by the loan officers. The legally required signed affidavit executed by City of Carlsbad's Custodian of Records is conspicuously missing. RELIEF REQUESTED : Issuance of an ORDER Staying Further Prosecution of City's NOTICE pending municipal compliance with article 11 § 11450.1 O; if City cannot locate the previously available pertaining building department records of 2005, then Catherine Bryan requires sufficient time to conduct further discovery and subpoena Carlsbad's ex-chief building inspector Patrick Kelly; who reviewed the building department file, and discussed inspection requested by Attorney George Morgan II. Respectfully Submitted, by Glt,,,.N"'to6 o/ffl (signature) Catherine Bryan 3745 Adams Street, Carlsbad CA. 92008; telephone number: 760 696 0186 VERIFICATION I, Catherine Bryan, respondent, in the above-entitled matter. Have read the foregoing REQUEST FOR AN ORDER STAYING PROCEEDINGS; 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 August 14, 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. ~t.kta-1:5~ Catherine Bryan MOTION FOR STAY EXHIBIT I / \ 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), da!ed 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 ~--{of') J,:: )C l. P . MOTION FOR STAY EXHIBIT II ' BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS 0 SUBPOENA: Requesting Testimony ~SUBPOENA DUCES TECUM: Requesting the Production of Records or Things TIIB PEOPLE OF THE STATE OF CALIFORNIA (n~me and address of p1 on being subP.oe~aetjJ, af!-r£ h 0 C 4 5Joc;},-<CJJ> o Re <:P'_<> ill:s J I>' 1JJ-. C<t u-~1 SEND GREETINGS TO: /200 C0J/;9aJ/ ~·fict;e.-Or, C0irhtJcfi.: Petitioner Respondent (name, address anc! telephone num'&er of contact perso~ f' 1. At the request of D gi CaThe,•:ne ~r~i1..t?; 3745 r/"-Ci•'r/S-..,.., e.e (party name) Cn~I. .. i-1,1! e {2, (' iii n rJ c~,.Jshqof 'CfJ, '9-?..oo<;ft60 f, 11: O./Ci6 V 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: {date) . at (time) and then and there to testify at: (location) D OAH, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 ooAH, 320 West Fourth Stre~t, Rooin 630, Los Angeles CA 900i3 D OAH, 1515 Clay Street, Suite 206, Oakland CA 94612 )KjoAH, 1350 Front Street, Room 3005, San Diego CA 92101 D Other: . California. Jtj.. 3. You are not required to appear in per.son. if_you produce.the records descn'bed.in. the.accompanying.affidavit and a .completed ... -· _ declaration ofcustodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an ou.ter envelope, seal it, and mail it to the Office of Admmistrati--ve----·---·- Hearings at the address checked in item 2. ( 4) Mail a copy of your declaration to the attorney or party show11 in item 1. 00 4. You are not required to appear in person if you.produce the records ·describ"ed m the accompanying "af:fida"1t a.no a· ccimp1eted· . declaration of custodian of records in compliance '-'ith Evidence Code section 1561. By B{~lt'? 2 { l '2.01 7 (date), send the ~ords ~<::. ,<J lie ,11:0,1 -vu ~se. Ro foe,.-r-lJ~ Iker I 3 so h'O,/'/I <:;;Tree.I.; )u.,/e_ 3006 5aol} O,~o c~: 92.iO/ NOTE: This manner of production may not satisfy the requirements of Evidence Code section 15 61.for admission at hearing. D 5 .. You are ordered to ap?ear in person ~d to p~oduce the records des~bed in the_ ~companyin~ affid~vit.-Toe _personal I appearanco of fuo cu.stodian ru-othor qualified w,tnoss aod fuo prndnollon of fuo ongm,] reconl.s ,s reqmred by this subpoooa The p-:ocedure a~orized b! subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code \vill not be deemed sufffo1ent compliance by this subpoena ' 6. Disobedience to this subpoena will be punished as contempt of court in the manner pr,escribed by law. 7. Witness Fees: Upon service oft.his subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. You may request them before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10. 8. IF YOU HAVE .AI'-l'Y QUESTIONS ABOUT Vv1TNESS FEES OR THE TIME OR DATE YOU .A.RE TO APPEAR, OR TO BE CERTAINTHATYOURPRESENCEIS REQUIRED ON:THEDATEANDTIMESPECIFIEDABOVE, C0}.1TACTTBEPERSON REQUESTING THIS SUBPOENA,_LISTED IN ITEM 1 ABOVE, BEFORE THE DAry)1S~D IN ITEM 2 ABOVE. . •ate Issued) 1_ jl "f (,z OJ 7 (Signature of Authorizing Official) t,-,,-{e/2 L {_~,. {PrintedName)Kd,erf l,~,J ke.r _,..._. . (1",t/e)/J.:7::? /J~~-· ______ _ §.JLplo"f/5 · ~ = r"\ A TT 1 rn --· r,. 0 /1 /"'I' DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause t:xists for their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Com1ption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (1) The majority of the findings in City of Carlsbad inspection report are either significantly epggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Sumimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety laws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally sound and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; (4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan Il, who subsequently embezzled the majority of the home improvement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad c (Use additional pages, it necessary, and attach them to this subpoena.) Executed A111. rA ~t / , 20 17 , at Carlsbad , California. I declare under p&ftalty of perjury that the foregoing is true and correct. METHOD OF DELIVERY of this subpoena: jg] Personal Service -In accordance with Code of C1vil Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: · O · Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: 0 Certified Mail, Return Receipt Requested -I sent a true copy of this subpoena via certified mail, return receipt requested to: (name and address of person) at the hour of J /~@!JP'-, on~ fl ll'IJ!5/ 1 __ , 20 l'7 City of Carlsbad State of California 1171:-.~~!~ (Signatureofd ..---v TT" /J f Is C r,. -!..I-f>. /4 0 OAH-1 (Rev. 08/10)-REVERSE Please take receipt of the following attached page of the Declaration of Catherine Bryan , in support of Catherine Bryan's request City of Carlsbad's compliance with the subpama duces tecum issued on 7/19/2017 by Administrative Law Judge, Robert Walker. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. 1. I require production of each and every City of Carlsbad building department record, pertaining to the property located at 3745 Adams Street in Carlsbad California, (subject property) between the years of 2005 and 2017, :including, but not limited to, all inspection reports resulting in Code Correction Lists issued against the subject property for the purpose of legally establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation of my civil and constitutional rights, culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute of limitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). through the issuance of City of Carlsbad's dilatory mandatory order to condemn. (a) (according to City of Carlsbad Chief Building Inspector Patrick Kelly) In 2005, a party named Carolyn Blake, provided the City of Carlsbad Building Department with a false and forge "Quick Claim Deed," falsely representing that ownership of the subject property had been recently transferred to Carolyn Blake, I require this record. (b) (according to Patrick Kelly) In 2005, a party named George Morgan II, requested inspections of the home located on the subject property, so that the previous owners (Catherine Bryan and Betty Bryan) could meet their responsibility to bring their fifty- year-old home compliant with newer building codes, as would be required under circumstances where there was a change of pending change of ownership. I require this record. (c) In 2005 Code Enforcement Officer, Scott Rudinger, knowingly acted on Carolyn Blake's false and forged Quick Claim Deed, knowing that Carolyn Blake and George Morgan, were not actually prospective new owners, but in truth, predatory lenders seeking to solicit a high interest home improvement loan to elderly and unsuspecting City of Carlsbad homeowners, Betty Bryan and Catherine Bryan. ( d) City of Carlsbad Code Enforcement Officer Scott Rudinger thereafter, improper! y issued a "Mandatory Correction List Correction List", to homeowners Betty Bryan and Catherine Bryan, that was largely based on improper application of newer code derived from the California Safe Housing Act, enacted in 1965, that Scott Rudinger, fully knew, would not apply, to an older home family occupied home, where the Certificate of Completion was obtained in 1958, unless there was a valid pending change of ownership. I require this record. ( e) In 2005, in order to comply with the deadline as was provided in Scott Rudinger's "mandatory correction list," Catherine Bryan, and Betty Bryan, agreed to allow Loan Officers Carolyn Blake, Demarco Fletcher, to employ, out of pocket, with the loan officer's own funds, building contractors hired to make all the urgently required mandatory corrections. (f) City of Carlsbad's exhibits 4-5 are insufficient to accurately reflect the homeowners' situation, in 2005, when solely due to Scott Rudinger's Mandatory Correction list, the Bryans were intimidated, frightened and coerced into applying for a home improvement loan for $649,000, and similarly signed multiple other documents, including building permit applications, were proffered by loan officers Carolyn Blake, Demarco Fletcher, and their contractors. (g) Homeowners Betty Bryan and Catherine Bryan 84-years-old and fifty-five years old respectively, individuals who clearly, were in no way capable of being involved with the reconstruction, and in fact, required by the contractors to live elsewhere, during their home's remodel. Facts that make it clear that the Bryans clearly had absolutely no control over how permits were handled or mishandled during the reconstruction period. (h) The Bryans DID agree to pay back Loan Officers Carolyn Blake, Demarco Fletcher, straight out of escrow, when Betty Bryan and Catherine Bryan's home improvement loan funded on November of 18, 2005, when said loan officers took possession of all the Bryan's loan funds, facts of elder financial fraud, leading to the Bryan's right to rescind and cancel their home improvement loan. Signed Executed on this day of August 7, 2017 ~vi"O 13 ~ Catherine Bryan Appellant BEFORE THE OFFICE OF ADMlNlSTRATIVE HEARINGS 0 SUBPOENA; Requesting Testimony ~SUBPOENA DUCES TECUM: Requesting the Production of Records or Things I/ TI-IE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO: I ,/4 0r};f,-'a i ~e,, r; o;r~ 17., 1. At the request of D Petitioner ~ Respondent (name, address and telephone numfJJ(r of contact perso?Jn: /' CaThe,•:ne ~~ 11.11; 374 5 r/diDi,i,s __,... e.e (party name) C r,-t lJ "1.1\ (' (2, (' II\ t'J r'i C01 ,.Js hqd cfJ, 9-?. oo<if-,6n 6 9~ 0/9,G V 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: (date) . at (time) and then and there to testify at: {location) D OAH, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 QOAH, 320 West Fourth S~t, Room 630, Los Angeles CA 90013 D OAH, 1515 Clay Street, Suite 206, Oakland CA 94612 )gioAR, 1350 Front Street, Room 3005, San Diego CA 92101 D Other: California. ~ 3. You are not required to appear in per.son if-you produce:the records d.escnoed.in. the.:a.cco.mpanying. affidmtit and a completed ... _. _ declaration ofcustodian ofrecords in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper)'. Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpoena to the envelope or ·write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to-the Office of Admirustrati-v-e.---________ -- Hearings at the address checked in item 2. ( 4) Mail a copy of your declaration to the attorney or party sho,vn in item 1. 00 4. YOU are not required to appear in person if you· produce the records ·descr:ioed ID the accompanying af:fida"\-1t and a· completed . declaration ofcustodian of records in compliance v.-ith Evidence Code section 1561. By 8031,?" '2{ l '2012 (diz~ send the records~<: ~71e ,,;r;<7,J. Vu~ae f<o loe,-J lJe;i, Iker f 3 so Pr-o"!I c:;7?-ee.T; ')<;~de '3005 Sa.I) D,~o c~; 92.iO/ NOTE: This manner of production may not satisfy the requirements of Evidence Code section 15 61.for admission at hearing. I D 5. You are ordered to appear in person and to produce the records described m the accompanyi..,.g affidavit.-The personal appearance of the custodian or other qualified witness and the production of the original records is required by this subpoena. The procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code v,,ill not be deemed sufficient compliance by this subpoena. ' 6. Disobedience to this subpoena will be punished as contempt of court in the manner prescribed by law. 7. Witness Fees: Upon service of this subpoena, you are entitled to witness fees and mileage actually traveled both ways, as pro-vided by law, jf you so request. You may request them before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10. 8. IF y_ou HA.VE .Al"'l'Y QUESTIONS ABOUT \\1TNESS FEES OR TEE TIME OR DATE YOU .ARE TO APPEAR, OR TO BE CERTAlN THAT YOUR.PRESENCE rs REQUIRED ON·IBE DATE Al'ID TIME SPECIFIED ABOVE, CONTACT THE PERSON REQlJESTING THIS SUBPOENA,USTED IN ITEM 1 ABOVE, BEFORE THE DA1J}1S~D IN ITEM 2 ABOVE . • Date Issued) 1 /r1/2. 0 J 7 (Signature of Authorizing Official) ~ L{.4.../414-0 = < (PrintedName)K,7./,Prf l,~,//4e_r ~ (/Ifie)~ /t~---· £xJL e ".> of'/5 . "rF OAH-1 ffiev.08/10) DECLARATION FOR SUBPOENA DUCES l ECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause exists for their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Com1ption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (1) The majority of the findings in City of Carlsbad inspection repo1t are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Sumimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety laws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally sound and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; (4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan Il, who subsequently embezzled the majority of the home improvement Joan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad Di tUse aaaitional pages, it necessary, and attach them to this subpoena.} Executed~Chf:4;f: 7 , 20_1_7 __ ., at_c_ar_I_sb_ad _______ , California. I declare unaei:¢enalty of perjury that the foregoing is true and correct. METHOD OF DELIVERY of this subpoena: /RJ Personal Seryjce -In accordance with Code ofC1vil Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: · O Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: D Certified Mail, Return Receipt Requested - I sent a true copy of this subpoena via certified mail, return receipt requested to: (name and address of person) at the hour of _f j,_¢~, on _f{,"(}tii{? __ , 20~J-"J ______ ~ City of Carlsbad , State of California ~gn_f;_t_u~-e-~-f-c-1':'-r-an-~-) ------- Ex,.Ir e {)o~ls OAH-1 (Rev. 08/10)-REVERSE Please take receipt of the following attached page of the declaration of Catherine Bryan, in support of Catherine Bryan's request for City of Carlsbad Records in compliance with the subprena duces tecum issued subsequent to personal review of my current situation, by Administrative Law Judge, Robert Walker on 7/19/2017. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carisbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. 1. I require production of all correspondence related to the subject property, including the meeting ; minutes and report of each and every City of Carlsbad City Planning Meeting, or other City of Carlsbad Meeting therein planning or discussing any potential future development property located at 3745 Adams Street in Carlsbad California, (subject property) between the years of 2005 and 2017, including, but not limited to, all business correspondence with Yukiko Sumimoto, MTGLQ Investor's L.P. and any other individuals or entities bringing -issues related to the subject property to the attention of City of Carlsbad municipal government, for the purpose of legally establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation of my civil and constitutional rights; culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute of limitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). I require these records. 2. I additionally require all records of reports I have made to City of Carlsbad's Police Department's Internal Affairs over the last five years, therein complaining of law enforcement misconduct, and each responsive communication issued by internal affairs. City of Carlsbad. City of Carlsbad is required by law to keep these records on file for at least five years. I require these records. 3. I require City of Carlsbad to provide City Council with confirmation of receipt and a copy of my two page letter delivered to City Attorney Celia Brewer, dated July 22, 2013. (copy enclosed herewith for your convenience.) I require this record. Signed Executed on this day of August 7, 2017 _{M-=J-=--___,Wft=-u__,.--.Q=~--!?_ .... ..A."-'~==-,V\_;...._;itr?::,..., """~"--__,,_ __ Catherine Bryan Appellant ~ (I- July 22, 2013 Served Via Courier Attorney Celia Brewer Office of the City Attorney of Carlsbad 1200 Carlsbad Village Drive 92008 Re: Your Letter of July 17, 2013 Dear Attorney Brewer I have taken receipt of your letter dated July 17, 2013. Please correct me if I misinterpret the content of your letter. My overall impression from your letter is that City of Carlsbad officially elects to condone and ratify your employee and agent, Scott Rudinger's criminal activity, in relation to the elderly homeowners private property located at 3745 Adams Street, in Carlsbad rather than correcting or sanctioning Code Officer Rudinger's prior and present criminal extortion and ongoing illegal conspiracy with our defendants in Civil Case No: 3:10:..CV-01605-CAB-KSC. Please be advised that as Plaintiff prose in Civil Case No: 3:10-CV-01605-CAB- KSC, I officially object to your absurd contention that it is standard practice and procedure for City of Carlsbad to research County of San Diego title records before issuing and mailing mandatory correction citation to a financial entity located in Houston Texas, for improperly parked vessels or vehicles. I also must respectfully point out that my sailboats are clearly personal recreational "vehicles" which have been properly stored on the Adams street property side-yard not front yard (whenever they are not in use in the water) in their current location for well over twenty-five years now, as of 2013 without any objection. Correct me if I misinterpret City of Carlsbad's official lack of concern or disinclination to investigate or sanction Code Officer Rudinger's prior and present extortion and illegal conspiracy with our prior and current defendants in Civil Case No: 3:10-CV-01605-CAB-KSC. My position must be that your letter officially refuses to provide me, Plaintiff Catherine Bryan, with appropriate remedies for your employee's outrageous non-constitutional and criminal acts. Leaving me with possible alternative recourse than to file a separate lawsuit against Rudinger, and City of Carlsbad. Consequently please take receipt of this courtesy copy of PLAINTIFF'S PROPOSED CO:MPLAINT and related pending MOTION TO ADD CITY OF CARLSBAD AND SCOTT RUDINGER NEW DEFENDANTS TO CIVIL CASE NO: 3:10-CV- 01605-CAB-KSC. As soon as a hearing date has been set for my motion, I will appropriately notify your City Clerk. £_';<.V p.6 of JG 127-3204 1 of2 July 22, 2013 Letter to City Attorney Celia Brewer Please be advised that this letter and attached enclosures constitutes your OFFICIAL NOTICE that Plaintiff Catherine Bryan intends to and will file a Federal Tort action against the City of Carlsbad for its wrongful and inappropriate violations of my private property rights. Further be advised that whether or not my Motion is Granted a new and separate Federal Complaint against Rudinger and City of Carlsbad will be filed. Any denial would only result in a separate and independent federal action being filed pursuant to the prior and ongoing continual Torts by City of Carlsbad, damaging me and depriving me of my fourth amendment rights to reasonable expectation of privacy. It what appears to be an ongoing civil and criminal conspiracy between MTGLQ Investors L.P. City of Carlsbad and their agent and your agent and employee Scott Rudinger. Enclosures as indicated 107-3201 Very Truly Yours, l]rl-1 . ,11 c;o....u-iV~ VIJA--()ofl') Catherine BryanV 2of2 f BEFORE THE OFFICE OF ADMlNlSTRATIVE HEARINGS 0 SUBPOENA: Requesting Testimo~; _kJSUBPOENA DUCES TE CUM: Requesilng the Production of Records or Things I THE PEOPLE OF THE STATE OF CALIFORNIA (n~me and address of p1on being subpoe~ae,;JJ, . cr(2 t£ h : C05J;oJ .. cu, o RetP'_"'c/Ji5.) ~11!J. . Co.. v-~ I SEND GREETINGS TO: J 2 00 C: 0.:/,Aoa )(½· ( fcti ~ Or, Co. r bbj C It.! I . 1. At the request of D Petitioner ~ Respondent (name, address and telephone num~ of contact perso~ /' CaTue.-:ne B,r~ ~.n.; 314 S r/di'4,i,<-> ./ e.e c~,.Jsbqd 'Cfl, 9--2..oo<if OJ9'G (part; name) Cn-t&.,..e,,l,')(? ~('nr.f1 ·t6D f, 9A . V 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: {date) at (time) and then and there to testify at: (location) D OAH, 2349 Gateway Oaks Dnve, Suite 200, Sacramento CA 95833 OOAH, 320 West Fourth Street, Room 630, Los Angeles CA 90013 D OAH, 1515 Clay Street, Suite 206, Oakland CA 94612 J2QOAH, 1350 Front Street, Room 3005, San Diego CA 92101 D Other: California. J3 3. You are not required to appear in person if-you produce.the records descnoedin:the:.acco.mpany.inga:ffidavit and a .completed ... --_ declaration of custodian ofrecords in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper). Enclose your original declaration with the records. · Seal them. (2) Attach a copy of this subpoena to the ep.velope or write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail it to-the Office of Administrative.---·------ Hearings at the address checked in item 2. (4) Mail a copy of your declaration to the attorney or party shmvn in item 1. 00 4. You are not required to appear in person if you.produce the records ·describ.ed in the accompanying"affida:vit and a· ccimpleted . declaration of custodian of records in compliance v.ith Evidence Code section 1561. By Au316( 2( /lO! 7 (da~,send the~cords~~ Mlle,11:011 Vu~FJ<::. !?af.oef'J W~lke r I 3 SO ho-11 c:;Tra.l.1 >c-i.de 300S .5a"" 0,"610 C/4_~~ 92.iO/ NOTE: This manner of production may not satisfy the requirements of Evidence Code section 15 61.for admission at hearing. 0 5 .. You are ordered to appear in person and to produce the records described in the accompanyh,g affidavit.-The personal appearance of the custodian or other qualified v.ito.ess and the production of the original records is required by this subpoena. Toe procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code \vill not be deemed sufficient compliance by this subpoena..· l 6. Disobedience to this subpoena will be punished as contempt of court in the manner prescribed by law. 7. Witness Fees: Upon service of this subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. You may request them before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10. 8. IF YOU HA VE Al'{Y QUESTIONS ABOUT vVITNESS FEES OR TRE TIME OR DATE YOU ARE TO APPEAR, OR TO BE CERTAIN THAT YOUR.PRESENCE rs REQUIRED ON:THE DATE AJ.'ID TIME SPECIFIED ABOVE, C01'..1TACT THE PERSON REQlJESTING THIS SUBPOENA,_ LISTED IN ITEM 1 ABO-VE, BEFORE THE DA'1J}lS~D IN ITEM 2 ABOVE. "ate Issued) J jJ J / Q O ) '7 (Signature of Authorizing Ofllcial) 4,,-(e/2 L {.,<],..L.(u'/..._,, _ (PrihtedName)Kd,,,) l,J,,J/4~_.,-· (Tlf/e)~ /J~ .-·· --·--· £\ 1I p.lOoF')s ~ DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause exists for their production by reason of the following facts: Several additional pages are necessary due to tbe complex nature oftbe Public Com1ption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (1) The majority of the findings in City of Carlsbad inspection report are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Surnimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yu]dko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety Jaws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally sound and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; (4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney" George Morgan II, who subsequently embezzled tbe majority of the home improvement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad a (Use additional pages, it necessary, ana attacn tnem to this suopoena.J Executed !/u.o f ~7 , 20 17 , at Carlsbad California. I declare under nalty of perjury that the foregoing is true and correct. r&· ~ ~ (Sighatmeof ~ METHOD OF DELIVERY of,this subpoena: ~ Personal Service -In accordance with Code ofCrvil Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: D Messenger Service -In accordance with Government Code section 1145020, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: O Certified Mail, Return Receipt Requested -I sent a true copy of this subpoena via certified mail, return receipt requested to: (name'and address of person) at the hour of_/ J::<J!tp., Ion /4~ 7 __ , 20__,J,_,'J ______ __ City of Carlsbad , State of California e:zt.-~-*'-(g,/0-. -- (Signatureofdarant) £ )c::rI:. p, JI of'/ 5 OAH-1 (Rev. 08/10)-REVERSE Please take receipt of the following attached page of the Declaration of Catherine Bryan , in support of Catherine Bryan's request City of Carlsbad's compliance with the subpcena duces tecum issued on 7/19/2017 by Administrative Law Judge, Robert Walker. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. 1. I have reviewed City's exhibit I, consisting of a report of City of Carlsbad's Fire Department Report of a fire that could have easily spread to my carport and burned up the roof to my home at 3745 Adams Street. I find the record to be incomplete and insufficient as it does not provide me with the resultant CODE ENFORCMENT VIOLATION for removal of the RV, and my related invoice for $4,000 for repair of the electric lines. 2. Interestingly enough, the report does establish that the RV's owner was Lou Snider, an attorney who filed a quiet title against the subject property in San Bernardino Superior Court in 2007, on behalf of Rick Ardisonni and Anthony Chavez, whose false liens were subsequently removed by U.S Federal Bankruptcy Judge Laura Taylor in 2009. A fact substantially supports my assertion of criminal arson, followed by inadequate investigation. The instigator of the fire, Dean Griffin, could not have possibly provided investigators with ID or Driver's License, substantiating his false claim that he resided within the residence at 3745 Adams Street, in Carlsbad. 3. One of the issues raised in the inspection report, is the fact that my Electric Meter has been removed. I require production of the resultant Code Violation Notice, demanding removal of the huge burned up RV, and of the invoice for repair of the electrical lines concurrently sent to the owners of the property located at 3745 Adams Street in Carlsbad California, (subject property.) I additionally require copies of our responsive communication insisting the fire was deliberately set and demanding to be relieved from responsibility for repair of the electric lines. 4. Under these circumstances where there are many more evidentially established instances of improper code enforcement harassment of Appellant between the years of 2005 and 2017. Just as City of Carlsbad's improper use of MANDATORY CODE CORRECTION LIST, resulted in an unfair debt for $649,000 another improper CODE VIOLATION, deprived me electric service, unless I could remit a $5,000 payment to SDG &E. 5. Consequently these records are essential for establishing facts of a 12 year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation of my civil and constitutional rights, culminating in last overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute of limitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). Signed Executed on this day of August 7, 2017 _Whp=La~~·=·=\M!="'=x2=-_13=-~A...v.=--'ic-li:=;;=""',A'i'-!f, : _____ Catherine Bryan Appellant ct~. . £xJI BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS Requesting Testimony ~SUBPOENA DUCES TECUM: Requesting the Production of Records or Things THE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO: 1. At the request of O Petitioner ~ Respondent (party name) (name and address of person being subpoenaed') • Ccxk E Yrt-orce,,n1,1:11T 0-{f. c;~ r J S'co 7T f?""<ArJ.e.r- t 260 Car-isb~,-J fi·(/. e /Jr. Co./&;k;f Cf]. (name, address and telephone num of contact person) · S 1'{-:.s IJolczu-1_s. slr~-c:t; Cq:t"k ba.o/ Cf} 0i.zco¥ 2. You are hereby commanded, business and excuses being set aside, to appear as a witness on: (date) ct/a.t-/1.ulJ ,at(time) 6~ 00 f'rtl ,andthenandtheretotestifyat: (location) D OAR, 2349 Gateway Oaks Drive, Suite 200, Sacramento CA 95833 ooAH, 320 West Fourth Street, Room 630, Los Angeles CA 90013 0 1R)OAH, 1350,Front Street, Room 3005, San Diego CA 92101 Other: Co~ VJ<: :I 'O ; 12 aJ v; I I cc. ~ , California. 3. Youarenotre · toappearinperson.if.youproduce. recordsdescribed.in:.the·.a panying.affida · da.completed ..... _ D declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope ( or other wrapper). Enclose your original declaration with the records. Seal them. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number, your name and date, time, and place from item 2 (the box above). (3) Place this first envelope in an outer envelope, seal it, and mail itto the Office of Admimstrati.v.e.--___________ _ Hearings at the address checked in item 2. ( 4) Mail a copy of your declaration to the attorney or party shown in item 1. 4. You are not required to appear in person if ycii.ipioduce the records ·descrioed iri the accompanying affi c!av:ifand a· completed --0 declaration ofcustodian ofrecords in compliance v..ith Evidence Code section 1561. By ________ (date), send the records to: NOTE: This manner of production may not satisjj; the requirements of Evidence Code section 15 61/or admission at hearing. 5. You are ordered to appear in person and to prnduce the records described in the accompanying affidavit.-The personal appearance of the custodian or other qualified witness and the production of the original records is required by this subpoena. The procedure authorized by subdivision (b) of section 1560, and sections 1561 and 1562 of the Evidence Code,vill not be deemed sufficient compliance by this subpoena. ' 6. Disobedience to this subpoena will be punished as contempt of court in the manner prescribed by law. 7. Witness Fees: Upon service of this subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. You may request ~em before your scheduled appearance from the person named in item 1. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10. 8. IF YOU fl.A,_ VE Al'\i'Y QUESTIONS ABOUT VIITNESS FEES OR THE TIME OR DA TE YOU ARE TO APPEAR, OR TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED ON THE DATE Ar'ID TIME SPECIFIED ABOVE, CONTACT TIIE PERSON REQUESTING IBIS SUBPOENA,USTED IN ITEM l ABOVE, BEFORE THE DAry)-1STED IN ITEM 2 ABOVE. (Date Issued) l/11/e O 1,2 (Signature of Authorizing Official) 4~ LC.4~=, (Printed Name)/?d,Prf l,~.J kef f/"I/Ie) /4~ /J~ ~~-·~'FF OAH-1 (Rev. 08/10) DECLARATION FOR SUBPOENA DUCES TECUM (Any party issuing a subpoena for production of books and/or records must complete this section.) The undersigned states that the books, papers, documents and/or other things named below and requested by this subpoena are material to the proper presentation of this case, and good cause exists for their production by reason of the following facts: Several additional pages are necessary due to the complex nature of the Public Com1ption Issues that Appellant Catherine Bryan is In order to prevent an unfair summary demolition of her beautiful historic adobe home of 65 years. Appellant must evidentially demonstrate; (1) The majority of the findings in City of Carlsbad inspection repo1i are either significantly exaggerated or in most cases deliberately false; (2) purported Title Holders MTGLQ Investors L.P. and Yukiko Sumimoto have insufficient proof of their ownership claims of the property located at 3745 Adams Street in Carlsbad California that would be essential and required for these parties to prevail properly using legally required State of California eviction procedures; (3) so instead MTGLQ Investors L.P. and Yukiko Sumimoto have reached out to City of Carlsbad agents and employees, and influenced them, financially or otherwise, to improperly use Health and Safety laws, as provided in California's Dangerous Building Act and California's Safe Housing Act, to improperly demolish and remove Appellant Catherine Bryan's structurally sound and beautiful home from the valuable acre of City of Carlsbad Property, without properly compensating Catherine Bryan for her unused equity; (4) until 2005, appellant's property was family owned, free and clear of all mortgages, and if it were not for City of Carlsbad Code Enforcement Officer Scott Rudinger's misuse of his municipal authority in 2005, in partnership with Scott Rudinger's co-conspirators, loan officers Carolyn Blake and Demarco Fletcher, and "attorney'' George Morgan Il, who subsequently embezzled the majority of the home improvement loan proceeds, there would be no encumbrances whatsoever, on the title of the property located at 3745 Adams Street, Carlsbad a (Use additional pages, it necessary, and attacn tnem to this subpoena.) Executed_ill40iy'Sf 2,20 17 , at Carlsbad· , California. I declare under penalty of perjury that the foregoing is true and correct. U~n1 (Sig7iatureof~ METHOD OF DELIVERY of this subpoena: ~ Personal Service -In accordance with Code of C1viJ Procedure sections 1987 and 1988, delivery was effected by showing the original and delivering a true copy thereof personally to: D Messenger Service -In accordance with Government Code section 11450.20, an acknowledgement of the receipt of this subpoena was obtained by the sender after it was delivered by messenger to: D Certified Mail, Return Receipt Requested -I sent a true copy of this subpoena via certified mail, return receipt requested to: (name and address of person) at the hour of j J .P~-, on _H(/40,,.;;T I __ , 20~t_} _______ . City of Carlsbad , State of California e7i-.-~-~-@--;VJ -- (Signature ofcf OAH-1 (Rev. 08/10) -REVERSE ~x-1t o /4 o-f 15 Please take receipt of the following attached page of the declaration of Catherine Bryan, in support of Catherine Bryan's request for Code Enforcement Officer Scott Rudinger's compliance with the subprena duces tecum issued subsequent to personal review of my current situation, by Administrative Law Judge, Robert Walker on 7/19/2017. I, Catherine Bryan, property-owner of the real property located at 3745 Adams Street, in Carlsbad California (hereinafter "subject property") declare all that following statements are true and correct and made according to my personal knowledge. 1. I require testimony under oath, and production of specific business correspondence and financial records of Scott Rudinger, for the purpose of legally establishing facts of his 12 pattern of non-constitutional retaliatory harassment of me and my family, which must by construed as a 12-year long conspiracy, under color of municipal authority, to take hostile adverse possession of my real property, without any proper compensation, in deprivation of my civil and constitutional rights, culminating in iast overt act of the conspiracy taking place on May 1, 2017, through the issuance of City of Carlsbad's mandatory order to condemn. (Conspiracy is a continuing offense. For statutes such as Title 42 U.S.C. § § 1983, 1986, the statute of limitations begins to run on the date of the last overt act. (See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). 2. I require from witness Scott Rudinger specific business and financial records in the time period from 2005-2017, of any and all financial transactions between him [Scott Rudinger] and Thomas Arthur Charbonneau, Carolyn Blake, Harry Beck, Demarco Fletcher, George Mogan II, Equity Partners, Orion Equity, Lincoln Mutual Mortgage Corporation, MTGLQ Investors L.P. and/or Goldman Sachs Bank, and/or Yukiko Sumimoto. 3. I additionally require all records of business correspondence between, him [Scott Rudinger] and City of Carlsbad Attorneys, Thomas Arthur Charbonneau, Carolyn Blake, Harry Beck, Demarco Fletcher, George Mogan II, Equity Partners, Orion Equity, Lincoln Mutual Mortgage Corporation, MTGLQ Investors L.P. and/or Goldman Sachs Bank, and/or Yukiko Sumimoto. 4. I additionally require records of any and all reports or records in any form that Scott Rudinger may filed with City of Carlsbad Attorneys, City of Carlsbad Building Department, or with the City of Carlsbad Police Department in relation to my home or the subject property located at 3745 Adams Street in Carlsbad California. 5. At 6pm, on the date of August 22, 2017, at the occasion of my administrative hearing before City Council, I require witness testimony under oath, from Scott Rudinger as to the events that transpired in 2005 and the accuracy of the records requested above. Signed Executed on this day of August 7, 2017 -~--~~-'=~~· ...... 0...,__~...,._.'"""'1:J'--"\._• =----;·0. __ ~0r~/-'--+-i(), ___ ---Catherine Bryan Appellant o· ~ JI Is;-0 f .L5 t:... /. F MOTION FOR STAY EXHIBIT III VIDEO FILM PRODUCED BY JIM BELL; expert witness Jim Bell -Expertise Ecological Designer, Auth' Jim Bell is an internatioi'< His projects include the "'· ~. Technology and Ecopc Mexico that converts se consultant for the Otay F Company. He has alsc hotel for Terra Vista Man new "green" store. Jim construction industry. As credits include the AIA 1 Development's World C University of Oregon's fi of Oregon's Solar E television, radio, and by· and the Art Bell Show. rlis honors include: The the year for the Soui Diego Water Conservati has a Bachelors Degrei University. Political Involvement \ ~pment. lropriate Tijuana, ed as a I 11opment !-friendly r3rative's Jn and ~ lecture ·national ! at the re State wed on 1. Rd. 'IC a 10 l I , 1 bnal of , of San bts. Jim bo State I I ! I Jim Bell, is currently running for 2nd District City Council, Jim ran for Mayor of San Diego in 1996, 2000, 2004. Though he has not yet been elected, his ideas relating to making our region as energy, water and food self-sufficient as possible, as soon as possible are being embraced by an increasing number of elected officials, planners and City Managers. Additional to his political involvement, Jim has served on the Board of Directors of the San Diego Ecology Center, I Love a Clean San Diego, Environmental Health Coalition, and the California Association of Cooperatives. Currently, he serves as Director of the Ecological Life Systems Institute and the San Diego Center for Appropriate Technology. He's also a Board Member of Ocean Beach People's Food Coop and is a member of the San Diego Regional Apollo \lliance. VIDEO Fl Jim Bell -Expertise Ecological Designer, Autt1 Jim Bell is an internatio: __ ,,. -~-~ ---,~-__ _ _ ___ _ opment. His projects include the design and construction of the San Diego Center for Appropriate Technology and Ecoparque, a prototype wastewater recycling plant in Tijuana, Mexico that converts sewage into irrigation water and compost. He also worked as a consultant for the Otay Ranch Joint Planning Project and the East Lake Development Company. He has also served as the ecological designer for a life-support-friendly hotel for Terra Vista Management and for the Ocean Beach People's Food Cooperative's new "green" store. Jim has more than 40 years experience in the design and construction industry. As a lecturer, Jim speaks to many groups each year. His lecture credits include the AIA California State Conference, the Society for International Development's World Conference in Mexico City, and keynote addresses at the University of Oregon's first "Visions for a Sustainable Future" conference and the State of Oregon's Solar Energy Association Conference. Jim is often interviewed on television, radio, and by the written press and has been a guest on National Public Radio and the Art Bell Show. , His honors include: The Society of Energy Engineers' Environmental Professional of the year for the Southwestern States, a "Beyond War" award, and a City of San Diego Water Conservation Design Award for one of his development projects. Jim has a Bachelors Degree of Arts in Applied Arts and Science Art from San Diego State University. Political Involvement Jim Bell, is currently running for 2nd District City Council, Jim ran for Mayor of San Diego in 1996, 2000, 2004. Though he has not yet been elected, his ideas relating to making our region as energy, water and food self-sufficient as possible, as soon as possible are being embraced by an increasing number of elected officials, planners and City Managers. Additional to his p-olitical involvement, Jim has served on the Board of Directors of the San Diego Ecology Center, I Love a Clean San Diego, Environmental Health Coalition, and the California Association o1 Cooperatives. Currently, he serves as Director of the Ecological Life Systems Institute and the San Diego Center for Appropriate Technology. He's also a Board Member o1 Ocean Beach People's Food Coop and is a member of the San Diego Regional Ap ··~ Alliance. MOTION FOR STAY EXHIBIT IV CITY OF CARLSBAD Office of the City Attorney www.carlsbadca.gov August 9, 2017 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 Re: Requests for Records and Witness Appearance for August 22, 2017 Appeal Hearing Dear Ms. Bryan: On July 21, 2017, the city received three "subpoenas duces tecum" and one "subpoena" from you. The city received duplicate copies of the three "subpoenas duces tecum" on August 7, 2017. The subpoenas are on a form issued by the State of California's Office of Administrative Hearings and contain a photocopied signature attributed to the Presiding Administrative Law Judge Robert Walker. They are titled "In the Matter of Catherine Bryan's Appeal of Mandatory Order to Condemn Issued May 1, 2017 by City of Carlsbad." The city does not have any matter pending before the Office of Administrative Hearings nor has the city issued a "Mandatory Order to Condemn." We therefore assume these subpoenas relate to your appeal of the Notice and Order to Repair dated May 1, 2017, which is set for hearing on August 22, 2017 before the City Council in its capacity as the Board of Appeals for the City of Carlsbad. While the State Office of Administrative Hearings does not have jurisdiction to issue subpoenas related to your appeal, the city is treating these as affidavits requesting documents to b~ produced by the city and the attendance of witnesses under Section 1303.1 of the Uniform Housing Code and are providing you with any responsive documents in the city's possession. Code enforcement officer Scott Rudinger has agreed to appear at your hea-ring. Additionally, for your information, I have enclo5ed a copy of the hearing procedures from Carlsbad Municipal Code sections 1.20.420 through 1.20.480. Please note that your presentation will be limited to 20 minutes, and that questions for any witness must be pro11ided in writing to the Presiding Officer (Mayor}, who will ask the question(s) to the witness. Please also note that the scope of the appeal hearing is limited to those matters you raised in your appeal dated May 26, 2017, under Section 1203 of the Uniform Housing Code. E_x. Ir' p I o-!' ( City Attorney I~-.'-'---' rA n-..,v,o I ,en A'.JA '1001 I 7,::;n_/l'.!/LQ'.!,::;7f:;:,v MOTION FOR STAY CERTIFICATE OF SERVICE I, Duncan Faulkner, do hereby certify that I am over 18 years of age, and not a party to this action, and that on the date of August 14, 2017, I mailed a copy of Respondent Catherine Bryan's Motion for Stay of Proceedings, along with all pertaining attachments, to The Attorneys for The City of Carlsbad, AND separately to each of the following City of Carlsbad Council Members: MATT HALL, KEITH BLACKBURN, MARK PACKARD, CORI SCHUMACHER, MICHAEL SCHUMACHER; care of Office of the Clerk for City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad Ca. 92008 I, declare under penalty of perjury that all the foregoing information is true and correct. Executed By ~~ on this day of August 14, 2017 Duncan Faulkner CITY OF CARLSBAD Office of the City Attorney August 15, 2017 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 www.carlsbadca.gov Re: Affidavit in Support of Subpoena Duces Tecum and for Production of Documents at the August 22, 2017 Appeal Hearing Dear Ms. Bryan: On August 10, 2017, the City Clerk received a document from you titled "Affidavit of Catherine Bryan in Support of request for Subpoena Duces Tecum & Subpoena Ad Testificandum, for the production of records and of testimony at the August 22, 2017 Public Hearing." We have reviewed this affidavit and determined all of the records sought have already been produced to you. In regards to the request for subpoenas, the City Council will determine whether or not to issue the subpoenas you are requesting at the August 22, 2017 appeal hearing. Please also be advised that we are providing each member of the City Council with a binder containing copies of all of the documents which you have submitted to the City Clerk related to your appeal hearing and copies of all of the documents which we have provided to you in response to your requests. An additional binder will be available in the City Clerk's office for review. I am enclosing a copy of the table of contents of the binder so you can see what documents we have included. Sincerely, ~ ~<----- Flora Waite, Paralegal Enclosure City Attorney 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax Tab A B C D E F G H I J K L M N Appeal of Notice and Order to Repair Property at 3745 Adams Street Public Hearing August 22, 2017 Supplemental Materials for City Council Consideration Date Description 7/3/17 Letter to City Council from C. Bryan 7/5/17 Affidavit of C. Bryan 7/8/17 Joint Affidavit of C. Bryan and D. Faulkner 7/11/17 Letter to City Council from C. Bryan 7/14/17 Request to Board of Administrative Appeals 7/18/17 Letter to C. Bryan from City of Carlsbad 7/21/17 4 Subpoenas Duces Tecum 7/26/17 Letter to City Council from C. Bryan 8/7/17 3 Subpoenas Duces Tecum 8/7/17 Letter to C. Brewer from C. Bryan 8/9/17 Letter to C. Bryan from City of Carlsbad 8/10/17 Affidavit of C. Bryan 8/14/17 Motion for Stay 8/15/17 Letter to C. Bryan from City of Carlsbad MOTION BEFORE THE BOARD OF ADMINISTRATIVE APPEALS FOR THE CITY OF CARLSBAD PLEASE TAKE NOTICE OF PROPERTY OWNER; CATHERINE BRYAN'S; MOTION FOR CONTINUANCE OF AUGUST 22, 2016 ABATEMENT HEARING, PENDING INDEPENDENT THIRD PARTY EXPERT CONFIRMATION OF THE FINDINGS IN MIKE PETERSON'S INSPECTION REPORT. OWNER/APPELLANT: PROPERTY LOCATION: CATHERINE BRYAN Telephone# 760 696 0186 3745 Adams Street, Carlsbad Ca. 92008 I. THE PERTAINING LAW 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 § 1 (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. In this instant case, on May 25, 2017, Property owner, Catherine Bryan ("appellant") timely appealed City of Carlsbad Building Inspector, Mike Peterson's Inspection Report dated May 1, 2017, refuting and contesting what appears to be numerous deliberately false statements as "false and prejudicial bizarre and completely unfounded. " Catherine Bryan ("appellant") appeal, raises valid issues of public corruption; to explain the false findings in the inspection report; as why else would Mike Peterson's Inspection Report, contain deliberately false statements.? Catherine Bryan's May 25, 2017, Appeal requested immediate ~elief through a stay of prosecution of City of Carlsbad's NOTICE as follows; "In light ofthe serious nature ofthe Public Corruption issues raised in this case, this Board's review o(this matter should be stayed; until an independent expert evaluation ofthe condition of Appellant's home is obtained. ... " MOTION FOR CONTINUANCE TIDRD PARTY EXPERT EVALUATION MANDATORY Affidavits served in this case, establish how Catherine Bryan reached out to the Attorneys for the City of Carlsbad, and also to the mayor and each City Council Member, providing material evidence of false and fraudulent findings in the Inspection Report, requesting withdrawal of the NOTICE and concurrently demanding a non-City Employee, third-party expert evaluation of the condition of her home to be conducted by a qualified architect and structural engineer; City responded through delivery of request for a new inspection date, to re-examine Catherine Bryan's home; by parties who made :fraudulent misrepresentations. ADMINISTRATIVE LAW JUDGE ROBERT WALKER On August 14, 2017, Catherine Bryan, met personally with Administrative Law Judge Robert Walker, at 4:30 pm, at 1350 Front Street; room 3005, San Diego California 92101, and Judge Walker explained that he lacked authority in intervene on Catherine Bryan's behalf unless, City of Carlsbad expressly requested and entered into a contract with the state administrative law court for special adjudication. In light of the serious public corruption issues raised in appellant's appeal, City of Carlsbad has a clear conflict of interest,· thus, cannot be expected neutrally and justly evaluate Catherine Bryan's public corruption issues, and should request neutral adjudication by the Office of Administrative Hearings. INDEPENDANT EVALUATION CONDUCTED BY JIM BELL Exhibit I, attached herewith, provides a video tape of expert witness testimony of Jim Bell, accurately reporting the flaws in Mike Peterson's inspection report, in an expert inspection of Catherine Bryan's home, conducted on August 13, 2017, by highly respected and influential expert witness, Jim Bell, a current candidate for 2nd District City Council and internationally recognized expert on sustainable architecture. In light of Jim Bell's testimony as to the flaws in the findings in City of Carlsbad's Inspection Report, and Mike Peterson's authority under California law, to remove Catherine Bryan, an elderly and disabled individual, from her family home of 65years, in accordance with his findings that her home is a dangerous building, a continuance of this matter should be mandatory, and further discovery through an independent expert evaluation, by a qualified structural engineer, who is not on City of Carlsbad's payroll. 2 MOTION FOR CONTINUANCE CITY OF CARLSBAD'S NON-COMPLIANCE: CITY OF CARLSBAD HAS FAILED TO PRODUCE ESSENTIAL RECORDS AS WERE REQUIRED BY CATHERINE BRYAN'S FOUR SUBPOENAS, apparently on the basis that Judge Robert Walker has no jurisdiction over the City of Carlsbad, including the relevant and essential correspondence records between City of Carlsbad and Yukiko Sumimoto and MTGLQ Investors L.P. required to support the public corruption issues so clearly raised in Catherine Bryan's appeal. City of Carlsbad Attorneys, state they attempted to locate, but cannot find, the relevant building department records of the Requests for Inspection made by attorney George Morgan on behalf of Loan Officer Carolyn Blake, or the massive Mandatory Code Correction list that resulted in the predatory home improvement that encumb.ered Catherine Bryan's home for $649,000; the majority of which was embezzled by the loan officers. However, the legally required signed affidavit executed by City of Carlsbad's Custodian of Records is conspicuously missing, from City of Carlsbad's recent communication. RELIEF REQUESTED : The hearing on Catherine Bryan's Appeal, should be continued until (1) City of Carlsbad obtains an independent expert evaluation of the condition of Catherine Bryan's home; (2) Produces all the records requested in Catherine Bryan's four subpoenas; (3) if City cannot locate the previously available pertaining building department records of 2005, then City should issue a subpoena for testimony of Carlsbad's ex-chief building inspector Patrick Kelly; who reviewed the building department file, and discussed in detail the building department records of the building inspection's requested by Attorney George Morgan II in 2005, with Catherine Bryan. Respectfully Submitted, by ~ '13pw (signature) Catherine Brya 3745 Adams Street, Carlsbad CA. 92008; telephone number: 760 696 0186 VERIFICATION I, Catherine Bryan, respondent, in the above-entitled matter. Have read the foregoing MOTION FOR CONTINUANCE; 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 August 15, 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. ~~~~ Catherine Bryan 3 ,, t t MOTION FOR STAY EXHIBIT I 4 VIDEO FILM PRODUCED BY JIM BELL; expert witness Jim Bell -Expertise Ecological Designer, Author Jim Bell is an internatlonL _ ;~ogrnzed expert on life-support-sustaining development. His projects include the design and construction of the San Diego Center for Appropriate Technology and Ecoparque, a prototype wastewater recycling plant in Tijuana1 Mexico that converts sewage into irrigation water and compost. He also worked as a consultant for the Otay Ranch Joint Planning .Project and the East Lake Developmen1 Company. He has also served as the ecological designer for a life-support-friend!} hotel for Terra Vista Management and for the Ocean Beach People's Food Cooperative'~ new "green" store. Jim has more than 40 years experience in the design anc construction industry. As a lecturer, Jim speaks to many groups each year. His lecture credits include the AIA California State Conference, the Society for lnternationa Development's World Conference i.n Mexico City, and keynote addresses at the University of Oregon's first "Visions for a Sustainable Future" conference and the State of Oregon's Solar Energy Association Conference. Jim is often interviewed or television, radio, and by the written press and has been a guest on National Public Radie and the Art Bell Show. His honors include: The Society of Energy Engineers' Environmental Professional o the year for the Southwestern States, a "Beyond War" award, and a City of Sar Diego Water Conservation Design Award for one of his development projects. Jin has a Bachelors Degree of Arts in Applied Arts and Science Art from San Diego StatE University. Political Involvement Jim Bell, is currently running for 2nd District City Council, Jim ran for Mayor of San Diego in 1996, 2000, 2004. Though he has not yet been elected, his ideas relating to making our region as energy, water and food self-sufficient as possible, as soon as possible are being embraced by an increasing number of elected officials, planners and City Managers. Additional to his political involvement, Jim has served on the Board of Directors of the San Diego Ecology Center, I Love Clean San Diego, Environmental Health Coalition, and the California Association a Cooperatives. Currently, he serves as Director of the Ecological Life Systems lnstitut, and the San Diego Center for Appropriate Technology. He's also a Board Member c Ocean Beach People's Food Coop and is a member of the San Diego Regional Apoll1 Alliance. Ex. J p, { or ( Heather Stroud From: Sent: To: Cc: Subject: Attachments: catherine bryan <koldesigns@yahoo.com> Tuesday, August 15, 2017 3:59 PM Mike Smee; Tom. Ramskill; Paul Edmonson; Heather Stroud; Council Internet Email Jeanie Sauers; Duncan Faulkner; level%.designer@gmail.com Re: obtaining expert testimony as to structural soundness of premises located at 3745 Adams Street, Carlsbad Ca. img-815150944.pdf http://www.jimbell.com/ Jim Bell, Ecological Designer, Ecological Design and Environmental Design Services Dear City Council Members & City of Carlsbad Attorneys, Earlier, Mr. Ramskill, a qualified structural engineer, with expertise in foundations, indicated he might make himself available to inspect the premises of 3745 Adams Street, in Carlsbad , on the week of August 14, 2017, if the City of Carlsbad should seek a neutral third party structural evaluation, as to whether my home at 3745 Adams Street, is "a danger to the occupants," as Mike Peterson's Inspection report contents, or alternatively, whether the Inspection Report's findings are flawed. I was hoping to hear back as to what date an inspection evaluation might be scheduled because City of Carlsbad, had indeed, reached out and contacted Mr. Smee and/or Mr. Ramskill, to seek the neutral expert evaluation of the condition of my home, that I so urgently requested. Since I heard nothing back from Mr. Smee and/or Mr. Ramskill, or from City of Carlsbad, as to an agreed upon inspection date; I can only assume that City of Carlsbad, elects to further prosecute, Mike Peterson's Inspection report without confirming his 1 "dangerous building" findings with any confirming expert architectural or structural analysis of the soundness of my home. Hearing nothing from the parties above, on the afternoon of August 13, 2017, we obtained an inspection from expert witness Jim Bell,(http://www.jimbell.com/) who provided video testimony, substantially addressing the legality of my position that there is no legal requirement for my home to be connected to the grid. Mr. Bell is currently running for 2nd District City Council in San Diego, and an internationally famous expert on sustainable architecture, and as such, qualified to instruct City of Carlsbad as to the soundness and sustainability of my 65-year-old adobe home. Today, August 15, 2017, I filed a motion for continuance of our approaching August 22, 2017 hearing date, (attached to this email) partly to give City of Carlsbad sufficient time to arrange for an additional expert witness evaluation of the soundness of my home from Mr. Smee and Mr. Ramskill, or whatever other non-City employee structural expert might serve in that capacity, that we might mutually agree upon. Please let me know, if we can put these matters to rest, by setting · a mutually agreed upon inspection date. Thank you for your consideration, Catherine Bryan From: Mike Smee <level5.designer@gmail.com> To: catherine bryan <koldesigns@yahoo.com> . Cc: Jeanie Sauers <jeaniesauers@yahoo.com>; Duncan Faulkner <duncanjbf@yahoo.com>; "level%.designer@gmail.com" <level%.designer@gmail.com> Sent: Thursday, July 13, 2017 10:54 AM Subject: Re: obtaining expert testimony as to structural soundness of premises located at 3745 Adams Street, Carlsbad Ca. -Hi Catherine, 2 I hear that you are frustrated. I understand that you want to fight this. Structural engineers and architects are not free, and you should expect a fee from each consultant you hire. Tom Ramskill, Ph.D., S. E. is $180/hour. Architect rates, especially when you are getting into expert witness litigation, will likely be similar. Tom can handle the structural comments as an expert witness. An architect can handle the architectural comments as an expert witness. You have both types of comments/ action items -thus, you need both types of consultants. You can disagree, but the facts remain. The only way around using both types of consultants is if Tom feels comfortable making statements about the architectural features listed in your action items. That will be his decision, but I assume he will want an Architect to perform architectural responses. I recommend you call Mike Peterson immediately and have him work up a list of the required permits as per the Notice to Repair. The engineer can use this in concert with your other paperwork to provide you with a thorough expert witness response. Good luck with your project. Best regards, Michael T. Smee Level 5 Design (760) 497-1940 www.AnotherLevelOIDesign.com LE "V EL FIVE DE:EIIEIIN Click this link to review me on Yelp! Click this link to review me on Angie's List! The email may contain information which is confidential, proprietary, private and/or privileged in nature. No Addressee should forvvard, print, copy, store, or otherwise reproduce this message in any manner that would allow it to be viewed by any individual not originally listed as a recipient. If the reader of this message is not the intended recipient, you are hereby notified that any unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is strictly prohibited and that you should notify the sender by return email, fax or telephone and delete this message for your system. F_ailure to conform to this request may amount to the unlawful interception of a communication, the infringement of the right to privacy and/or the infringement of copyright, thus exposing you to both criminal and civil liability. On Jul 13, 2017, at 10:23 AM, catherine bryan <koldesigns@yahoo.com> wrote: -----Forwarded Message ----- From: Mike Smee <level5.designer@gmail.com> 3 To: catherine bryan <koldesigns@yahoo.com> Cc: Jeanie Sauers <jeaniesauers@yahoo.com>; Duncan Faulkner <duncanjbf@yahoo.com> Sent: Wednesday, July 12, 2017 3:52 PM Subject: Re: obtaining ·expert testimony as to structural soundness of premises located at 3745 Adams Street, Carlsbad Ca. Hi Catherine, I see the "Master Property Record". It really doesn't have much info. It would be diligent to verify the ABR. You can do so by going to the City of San Marcos Assessors office. 141 E. Carmel St., San Marcos, CA 92078. Sign in to the Assessors counter and request the ABR from the technician. You should need to provide them with your drivers license to be able to take a copy of it. There appears to be more history than I'm aware of right now. Questions: When was your first communication from the city regarding this order to repair? Did ou receive a code violation from the city, or just the inspection report? 3) What initiated the inspection of the property? !Vlultiple Complaints made o?n the property by Jeanie's ex boyfriend TOM, pretending to be a local neighbor ( see Jeanie's affidavit and its attached declaration of Sonja Dector.) 4) Ca. Code of Civil procedure §1822.50 says a jud .e needs to si n the order for the ins ection to occur. Do ou have evidence of this? 5) The notice to repair says you need to contact Building Official Mike Peterson to determine what ermits will be necessa -have ou done this? What did he sa was re uired? After a preliminary review of your documents, and, unfortunately after writing this email, ou have both architectural and structural action that is needed on our ro ert . It is my recommendation that you hire a licensed architect as well as a licensed structural engineer. I do not have an architect that is available to take this right now, but' I can certainly give you my engineer's name. If you answer the questions above, I'll see · if I have any final input for you . 4 Tom Ramskill, Ph.D., S.E., P.E. Lie# S-3712, C-43711 14814 Priscilla St., San Diego, CA 92129 (858) 672-3702 Best regards, Michael T. Smee Level 5 Design (760) 497-1940 www.AnotherLevelOIDesign.com <L5_Logo.jpg> Click this link to review me on Yelp! Click this link to review me on Angie's List! The email may contain information which is confidential, proprietary, private and/or privileged in nature. No Addressee should forward, print, copy, store, or otherwise reproduce th is message in any manner that would allow it to be viewed by any individual not originally listed as a recipient. ' If the reader of this message is not the intended recipient, you are hereby notified that any unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is strictly prohibited and that you should notify the sender by return email, fax or telephone and delete this message for your system. Failure to conform to this request may amount to the unlawful interception of a communication, the infringement of the right to privacy and/or the infringement of copyright, thus exposing you to both criminal and civil liability. On Jul 12, 2017, at 3:18 PM, catherine bryan <koldesigns@yahoo.com> wrote: If you give me instructions, I will go back and try again. I was asking for the Certificate of Completion and the Original Grant Deed.Maybe that was the wrong type of search??? From: Mike Smee <level5.designer@gmail.com> To: catherine bryan <koldesigns@yahoo.com> 5 Cc: Jeanie Sauers <jeaniesauers@yahoo.com>; Duncan Faulkner <duncanjbf@yahoo.com> Sent: Wednesday, July 12, 2017 2:59 PM Subject: Re: obtaining expert testimony as to structural soundness of premises located at 3745 Adams Street, Carlsbad Ca. Hi Catherine, Have you pulled the ABR (Assessors Building Record) from the County Assessors office? If so, please pass that over to me. If not, please do so asap. If you're not sure how, just let me know. Best regards, Michael T. Smee Level 5 Design (760) 497-1940 www.AnotherLevelOIDesign.com <L5 _ Logo.jpg> Click this link to review me on Yelp! Click this link to review me on Angie's List! The email may contain information which is confidential, proprietary, private and/or privileged in nature. No Addressee should forward, print, copy, store, or otherwise reproduce this message in any manner that would allow it to be viewed by any individual not originally listed as a recipient. ... ~-If the reader of this messageJs.JJoLtb.e intended recipient, you are hereby notified that any unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is strictly prohibited and that you should notify the sender by return email, fax or telephone and delete this message for your system. Failure to conform to this request may amount to the unlawful interception of a communication, the infringement of the right to privacy and/or the infringement of copyright, thus exposing you to both criminal and civil liability. On Jul 12, 2017, at 2:52 PM, catherine bryan <koldesigns@yahoo.com> wrote: Hi Mike, Thank you kindly for your time in so quickly reviewing my issues. My first attachment provides you with a PDF copy of my administrative appeal, if you scroll down to exhibit I, it provides a full copy of City of Carlsbad's Building Department's Inspection Report at issue. 6 I suspect, City of Carlsbad's rational for making unfounded assertions of recent modification. Is than unless there was modification, most of the newer building codes as are provi_ded in The California State Housing Act, enacted in 1965, are inapplicable to our home in which the Certificate of Completion was obtained in 1957 or 1958. My second attachment provides a copy of my associated Request for Production of City of Carlsbad and County of San Diego records; essential to establish that the inspection report · made unfounded allegations that my home was recently " illegally modified" with new bedrooms, a new carport and stairways leading to an "unsafe upper story." If City of Carlsbad is unwilling or unable to produce these records. I would then need some guidance as to how to access the original permits and plans, if they exist somewhere, as supporting evidence. ( described on page 8 paragraph 5 of the inspection report. Specifically as follows: "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 patio's (lack of structural support and proper framing,) and 7 carport ( second story doorway leads to carport surface but Jacks railings and carport post and beams lack anchorage.)" I can assure you that since or original certificate of completion was obtained in 1957 or 1958, NO PART OF THE BRYAN FAMILY HOME HAS, AT ANY POINT, BEEN IN ANY WAY MODIFIED, EXPANDED OR ALTERED. The only modification or change, is accurately reflected by multiple permits issued by the building department, allowing for the roofs to be repaired and replaced along with much of the electrical wiring; otherwise no part of appellant's home has ever been "expanded or altered." I am hoping to establish this fact by providing any existing records of original blueprints, plans, building permits. Also see Page 6 of 10, of the inspection report which falsely alleges 8 "Defective Lack of weather protection for exterior wall coverings, including lack of paint, or weathering clue to lack of paint or other approved protective covering. Portions of exterior walls are raw wood exposed to weather. " When there is absolutely no raw wood exposed to the weather anywhere in the building.Also, inspection report falsely states; "The kitchen appears to have been removed and food preparation appears to occur in the patio area outside the structure," when the kitchen has not been removed, and is still located where it was originally built in 1957. Please provide me with contact information for your expert, or alternatively with· a convenient time when you and your expert might be able to jointly evaluate our home. 9 Thank you for any help you can provide us with this frightening and difficult situation. Warm Regards, Catherine Bryan <Administrative Appeal plus exhibits.pdf><request for records.pdf> <L5 _ Logo.jpg> <L5_Logo.jpg> 10 1 MOTION BEFORE THE BOARD OF ADMINISTRATIVE APPEALS FOR.THE CITY OF CARLSBAD PLEASE TAKE NOTICE OF PROPERTY OWNER; CATHERINE BRYAN'S; MOTION FOR CONTINUANCE OF AUGUST 22, 2016 ABATEMENT HEARING, PENDING INDEPENDENT THIRD PARTY EXPERT CONFIRMATION OF THE FINDINGS IN MIKE PETERSON'S INSPECTION REPORT. OWNER/APPELLANT: CATHERJNE BRYAN Telephone# 760 696 0186 PROPERTY LOCATION: 3745 Adams Street, Carlsbad Ca. 92008 I. THE PERTAINING LAW Abatement of dangerous buildings. 13.10.010 Definition. For pmposes of this chapter "dangerous building" means any building falling within the definitio11 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 § 1 {part), 2003: Ord. 877 § I, 1977).13.10.020 Dete1mination 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 appe!Jant(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. In this instant case, on May 25, 2017, Property owner, Catherine Bryan ("appellant") timely appealed City of Carlsbad Building Inspector, Mike Peterson's Inspection Report dated May 1, 2017, refuting and contesting what appears to be numerous deliberately false statements as "false a11d prejudicial bizarre and c01npletely unfounded." Catherine Bryan (11appellant11) appeal, raises valid issues of public corruption; to explain the false findings in the inspection report; as why else would Mike Peterson's Inspection Report, contain deliberatelv false statements.? Catherine Bryan's May 25, 2017, Appeal requested immediate relief through a stay of prosecution of City of Carlsbad's NOTICE as follows; "In light of tire serious nature of tlte Public Corruption issues raised in this case, this Board's review o[tltis matter should be st.aved; until an independent expert evaluation of the condition of Appella11t's home is obtained .... " MOTION FOR CONTINUANCE . TIDRDPARTY EXPERT EVALUATION MANDATORY Affidavits served in this case, establish how Catherine Bryan reached out to the Attorneys for the City of Carlsbad, and also to the mayor and each City Council Member, providing material evidence of false and fraudulent findings in the Inspection Report, requesting withdrawal of the NOTICE and concurrently demanding a non-City Employee, third-party expert evaluation of the condition of her home to be conducted by a qualified architect and structural engineer; City responded through delivery of request for a new inspection date, to re-examine Catherine Bryan's home; by parties who made fraudulent misrepresentations. ADMINISTRATIVE LAW JUDGE ROBERT WALKER On August 14, 2017, Catherine Bryan, met personally with Administrative Law Judge Robe1t Walker, at 4:30 pm, at 1350 Front Street; room 3005, San Diego California 92101, and Judge Walker explained that he lacked authority in intervene on Catherine Bryan's behalf unless, City of Carlsbad expressly requested and entered into a contract with the state administrative law court for special adjudication. In light of the serious public corruption issues raised in appellant's appeal, City of Carlsbad has a clear conflict of interest, thus, cannot be expected neutrally and justly evaluate Catherine Bryan's public corruption issues, and should request neutral adjudication by the Office of Administrative Hearings. INDEPENDANT EVALUATION CONDUCTED BY JIM BELL Exhibit I, attached herewith, provides a video tape of expert witness testimony of Jim Bell, accurately reporting the flaws in Mike Peterson's inspection report, in an expert inspection of Catherine Bryan's home, conducted on August 13, 2017, by highly respected and influential expert witness, Jim Bell, a current candidate for 2nd District City Council and internationally recognized expert on sustainable architecture. In light of Jim Bell's testimony as to the flaws in the findings in City of Carlsbad's Inspection Report, and Mike Peterson's authority under California law, to remove Catherine Bryan, an elderly and disabled individual, from her family home of 65years, in accordance with his findings that her home is a dangerous building, a continuance of this matter should be mandatory, and further discovery through an independent expert evaluation, by a qualified structural engineer, who is not on City of Carlsbad's payroll. 2 MOTION FOR CONTINUANCE CITY OF CARLSBAD'S NON-COMPLIANCE: CITY OF CARLSBAD HAS FAILED TO PRODUCE ESSENTIAL RECORDS AS WERE REQUIRED BY CATHERINE BRYAN'S FOUR SUBPOENAS, apparently on the basis that Judge Robert W aiker has no jurisdiction over the City of Carlsbad, including the relevant and essential correspondence records between City of Carlsbad and Yukiko Sumimoto and MTGLQ Investors L.P. required to support the public corruption issues so dearly raised in Catherine Bryan's appeal. City of Carlsbad Attorneys, state they attempted to locate, but cannot find, the relevant building department records of the Requests for Inspection made by attorney George Morgan on behalf of Loan Officer Carolyn Blake, or the massive Mandatory Code Correction Hst that resulted in the predatory home improvement that encumbered Catherine Bryan's home for $649,000; the majority of which was embezzled by the loan officers. However, the legally required signed affidavit executed by City of Carlsbad's Custodian of Records is conspicuously missing, from City of Carlsbad's recent communication. RELIEF REQUESTED: The hearing on Catherine Bryan's Appeal, should be continued until (1) City of Carlsbad obtains an independent expert evaluation of the condition of Catherine Bryan's home; (2) Produces all the records requested in Catherine Bryan's four subpoenas; (3) if City cannot locate the previously available pertaining building department records of 2005, then City should issue a subpoena for testimony of Carlsbad's ex-chief building inspector Patrick Kelly; who reviewed the building department file, and discussed in detail the building department records of the building inspection's requested by Attorney George Morgan II in 2005, with Catherine Bryan. Respectfully Submitted, by flu.-P.!04 'C>lfm) (signature) Catherine Brya 3745 Adams Street, Carlsbad CA. 92008; telephone number: 760 696 0186 VERIFICATION I, Catherine Bryan, respondent, in the above-entitled matter. Have read the foregoing MOTION FOR CONTINUANCE; 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 August 15, 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. ~0¼<?, v~/iv Catherine Bryan · 3 MOTION FOR STAY EXHIBIT I . 4 CITY OF CARLSBAD Office of the City Attorney August 16, 2017 Catherine Bryan 3745 Adams Street Carlsbad, CA 92008 Re: Motion for Continuance Dear Ms. Bryan: www.carlsbadca.gov On August 14, 2017, the City Clerk received a document from you titled "Motion for Stay." On August 15, 2017 you delivered to the City Attorney's office a revised motion now titled "Motion for Continuance." A copy of the Motion for Continuance was also emailed to the City Council and to Deputy City Attorney Heather Stroud on August 15. We are providing copies of your motions along with the attached DVD to each of the City Council members prior to the August 22nd hearing date for their consideration. You were already provided with one continuance from the original hearing date of July 18, 2017, to August 22, 2017. You requested this continuance' to provide more time to: (1) receive records requested from the city; (2) allow your recently retained counsel to prepare for the hearing; (3) allow your expert witnesses to attend the hearing; and (4) for review of the records. The city granted your request for a continuance on these grounds and there does not appear to be good cause to grant a second continuance. City staff is prepared to go forward with your appeal hearing as scheduled on August 22, 2017 at 6:00 p.m. in City Council chambers. You may present your arguments for a stay or continuance of your appeal to the City Council acting in its capacity as the Board of Appeals and they can act on your request at that time. City Attorney Sincerely, ~ Heather L. Stroud Deputy City Attorney 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434~2891 I 760-434~8367 fax • I MATERIAL EVIDENCE SUBMITTED FOR CONSIDERATION PRELIMINARY STATEMENT '· I have carefully reviewed City of Carlsbad's NOTICE OF ORDER TO REPAIR, of May, 1, 2017, and am deeply disturbed, frightened and alarmed to discover the attached Inspection Report contained numerous false statements such as:, (a) My home of 65-years, located at 3745 Adams Street, in Carlsbad ("property,") has · "unpainted wooden exterior walls which are deteriorated;" (b) My home's Solid Concrete Floors are "spongy;" (c) "My home's "kitchen has been removed and I have no kitchen sink with running water;" ··\ (d) My 65-year-old home has been "altered and expanded in improper ways, including new bedrooms, improper framing of an upper level that lacks anysupport, and dangerously I ' sagging beams;", and City of Carlsbad's Notite and Order to Repair has; "identified certain substf:1,ndard conditions that substantially end~nger the health and safety of residents or the public." The Notice and Order to Repair goes on to state that "demolition must commence within 45 days of the date of the Notice and Order." WHY HEREIN ATTACHED EXHIBITS OF EVIDENCE ARE RELEVANT TO RESOLUTION OF ISSUES RAISED ON APPEAL EXHIBIT I-provides a video of qualified expert witness testimony, ALONG WITH a video accurately reflecting the true clean and attractive condition of my home and surrounding property; photographs of the original construction ofmy home; copies of my home's early tax records and original building plans (ABR) c~mmencing in 1958. This evidence is relevant and essential for the purpose of refuting the inspection report's false and prejudicial findings that; (1) my property is overgrown with weeds, and littered with waste and debris; (2) that since construction ofmy home was completed in 1958; my home has been expanded repaired and altered in improper ways, and as a result is a sub-standard dangerous building with dangerously sagging beams and ; (3) establishing my legal and constitutional right to avoid health harmful and cancer causing electromagnetic emissions, and my public service through my choice to reduce fossil fuel consumption, by residing in a "STAND-ALONE or "off-grid" home. I am, however, still on the "propane grid", though that's become a tiny part of world energy use in modem times. Relevancy of EXHIBIT II-City of Carlsbad Attorneys have frequently challenged Catherine Bryan's continuing rights of possession and ownership of the subject property. For this reason, the first paragraph of Appellants appeal alleges as follows: "The facts asserted herein by Appellant, arefurther supported and established by the notarized affidavit of : Catherine Bryan, Duncan FauUmer, and Jean Ann Sauers, that have been attached to this Appeal as Exhibit II; for the purpose of evidentially establishing Appellant's continuing rights of ;:_~' -- ownership to the acre of/and legally described as APN 205-270-13-00; located at 3745 Adams Street in Carlsbad California. " Exhibit II provides two essential legal documents relevant to further establish Catherine Bryan's continuing rights of ownership of the property located at 3745 Adams Street, in Carlsbad California, involving matters of title, currently in litigation, that eventually stand to be legally resolved by the Ninth Circuit Court of Appeals in Catherine Bryan's favor. Document 1-a COURT ORDER, issued by the SUPERIOR COURT OF CALIFORNIA, APPELLATE DIVISION, on August 28, 2017, staying MTGLQ Investor's L.P. appeal of the jury's finding that," MTGLQ Investor's L.P.foreclosure was wrongful, and Catherine Bryan is entitled to stay in legal possession of her home at 3745 Adams Street, Carlsbad California." Document 2-Catherine Bryan's legal demand for reconveyance of a GRANT DEED, fraudulently and improperly recorded as document# 2014-0126704, on April 1, of 2014, as a "gjff' of the property from Betty Bryan to Yukiko Sumimoto. ,) VIDEO FILM PRODUCED BY JIM BELL; expertwitness Jim Bell -Expertise Ecological Designer, Author, Lecturer Jim Bell is an internationally recognized expert on life-support-sustaining development His projects include the design and construction of the San Diego Center for Appropriate Technology and Ecoparque, a prototype wastewater recycling plant in Tijuana Mexico that converts sewage into irrigation water and compost. He also worked as c consultant for the Otay Ranch Joint Planning Project and the East Lake Developmen· Company. He has also served as the ecological designer for a life-support-friend!) hotel for Terra Vista Management and for the Ocean Beach People's Food Cooperative'~ new "green" store. Jim has more than 40 years experience in the design anc construction industry. As a lecturer, Jim speaks to many groups each year. His lecture credits include the AIA California State Conference, the Society for lnternationa Development's World Conference in Mexico City, and keynote· addresses at the University of Oregon's first "Visions for a Sustainable Future" conference and the State of Oregon's Solar Energy Association Conference. Jim is often interviewed or television, radio, and by the written press and has been a guest on National Public Radie and the Art Bell Show. His honors include: The Society of Energy Engineers' Environmental Professional o the year for the Southwestern States, a "Beyond War" award, and a City of Sar Diego Water Conservation Design Award for one of his development projects. Jin has a Bachelors Degree of Arts in Applied Arts and Science Art from San Diego StatE University. Political Involvement Jim Bell, is currently running for 2nd District City Council, Jim ran for Mayor of San Diego in 1996, 2000, 2004. Though he has not yet been elected, his ideas relating to making our region as energy, water and food self-sufficient as possible, as soon as possible are being embraced by an increasing number of elected officials, planners and City Managers. Additional to his political involvement, Jim has served on the Board of Directors of the San Diego Ecology Center, I Love Clean San Diego, Environmental Health Coalition, and the California Association c Cooperatives. Currently, he serves as Director of the Ecological Life Systems lnstitut1 and the San Diego Center for Appropriate Technology. He's also a Board Member c Ocean Beach People's Food Coop and is a member of the San Diego Regional Apoll, Alliance. E>( 1 '' 1 i ~ q: fl ~e o-P t?or<Z-1' rt;) f ro~rc:..~G' . of cl e__o,q-lA~ .) ) _./ l I I ! I I I \ 390 rn not invalid 'lousing ,ndating 4-jons, ion. .ectri-num conduc- the building _g methods. of uroinUID wrre uctures were , incorporated ,t intended to and :roethods Jfthose found id approval of mply because Electric Co. v. App 4th Dist) 1973 Cal APP 1 addressed in ".,aw expressly its nrinin:ruro s C §§ 17910 111der which a aged spillway ,rroit was not ,eq. Martin v. Enforcement 6, 83 Cal Rptr ther parts Part 2 •()0), or ,arts Stats 1971 ch ice (Matthew ling'?. 1 and needed fonn Building ntto H & SC the field was ; SC§ 17958, ,pt regulations those adopted 391 REGULATION OF BUILDINGS USED FOR HUMAN HABITATION § 17913 pursuant to H & S C § 17922, and 25 Cal Code Reg § 1032, adopted pursuant thereto, specifies far less stringent fire alarm and fire extinguisher systems. Moreover, the only delegation of regulatory author- ity to local governments is the provision of § 17922, -which specifically linrits such local regu- lation to use zones, fire zones, building set back, side and rear yard requirements, and property line requirements. Danville Fire Protection Dist. v. Duffel Financial & Constr. Co. (1976, Cal App 1st Dist) 58 Cal App 3d 241, 129 Cal Rptr 882, 1976 Cal App LEXIS 1567. § 17912. Applicability of regulations to existing buildings or structures 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 a;w;>]v t.o mcistine buildings or structures or to buildings or structures as to which constructio!l,_is '-commfilnced ar_approved __:m:igr to the effective date of the rules, regulations, or building standards, except by~~s, regulations, and building standards relating to use, maintenance, and change of or.r.nr::i.:!lc31 :::!itlll aprily t.n ,, 1} l>~!:~l::::, ~~ct;:;~;;, lvuginghouses, apartment houses, and dwellings, or portions thereof, and buildings and structures accessory thereto, approved for constr · or constructed before or after the effective date of such rules, regula- tions, or buil · g standards. 1 2 § 2. Amended Stats 1974 ch 1268 § l; Stats 1979 ch 1152 § .59. endment · endment: Added (1) "hotels, motels, lodginghouses, apartment houses, and dwellings, or portions thereof," and"; and (2) "accessory thereto," after "structures". 1979 Amendment: (1) Added "and building standards published in the State Building Stan- dards Code"; (2) substituted "rules, regulations, or building standards" for "rules or regulations" wherever it appears; and (3) substituted "rules, regulations, and building standards" for "regula- tions" at the end of the section. Historical Derivation: Stats 1961 ch 1844 § 13. Collateral References: Cal. Forms Pleading & Practice (Matthew Bender®) ch 297 "Hotels and Motels". Cal Jur 3d (Rev) Building Regulations §§ 132 et seq. § 17913. Provision of code enforcement information to specified entities (a) The department shall notify the entities listed in subdivision (c) of the dates that each of the uniform codes published by the specific organizations described in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 17922 are approved by the California Building Standards Commission pursuant to Section 18930 and the effective date of the model codes as established by the California Building Standards Commission. (b) The department may publish information bulletins regarding code enforce- ment as emergencies occur or at any other time the department determines appropriate. (c) The department shall distribute the information described in subdivision (a), and may distribute the information described in subdivision (b), to the following entities: (1) The building department in each county and city. (2) Housing code officials, :fire service officials, professional associations con- cerned with building standards, and any other persons or entities the department determines appropriate. Added Stats 1986 ch 90 § 1. Amended Stats 1997 ch 645 § 1 (AB 1071). Former Sections: Former H & S C § 17913, relating to the appli- cation of former State Housing Act when building construction commenced or approved prior to act's repeal, was added Stats 1965 ch 152 § 3 and repealed Stats 1974 ch 1268 § 2. Amendments: 1997 Amendment: Amended subd (a) by (1) adding "published by the specific organizations" after "uniform codes"; and (2) substituting "ap- proved by the California Building Standards Com- nrission pursuant to Section 18930 and the e:ffec- . ' -1 ! ---I l i ! ~ ,..~ : 4 i :------, , 5 i ~I ! 6 :-;-i ~-~ ; B iii, i t t \l.-r-l i 12 \l f---i 13 ¥ 81 i 16 ..!/. . -· ; 17 . !\1 ~ A"'Y.. ,--., .-:r· '. 19 -. ' IS"" r--:..;-· . 20 ,____ ~ 2.t ~ -22 e -tJ\ ~ Q 1---+, ! 24 'lr-j 25 -26 -2.7 ~ 1 2e ~-! ;·29 f--30 31 1! ASSESSOR"$ ~~!~-~~~~1;;. ~!NC~.?o. CAUFO~NOA -t;;0~'"';;,=;=~7i====="7==::±:M=A==~=P=A=R=::C~""~"";=~=-· .... =· ~~_" 'n1 .. \ ftl!:Fl!:Rf:MCE CATI!: LANO IMPROVEMENTS PERSONAL EXEMPTIONS NET TOTAL SOLVENT ~ TA)( S•LE REMARKS t BLDGS •• ETC. TREES-VINES FIXTURES PROPERTY CltEOITS ~ C"cs~ li -+-_1_9_5_8 ___ -i+--s-o/_-_"/~-0_-_-_+-:_s:_l?......,.1 "";ie·s~~~=+--s-=c.==.c-1-~s~_~o~--~ s -s ·-· _s ________ Redee~:--,, .... .ar.F.EREW:£. ... . i,__I __ __, .'l.{)._ / O(J.,().,.____'il O ________________ la:;.':fLdJ).,-.... ___________ ....... _ I 1-------1.i!i. £"l / /) o o ____ ----2LQ I \·-----~f/.J,Jl. _ IS /0_ ··-/J~o .3J;LO __ __Looo. ~ _ .;l.r:7 __ 0--i-----i------+------:======f'--~~-'-':,,._,.,1.'*\11 ------+-----· ---+-------'+-----li----d..a.---~~:-;~;~ '~~~-Fi-7--.,-__ + __ --__ -__ -___ --_=..--_-__ I-_-__ -__ -__ --l_:.-__ -_--__ -=-~-==~~---~-·:· , ___ ...,.1/~l_p _ __.3-, _____ ---+-----1-----t------1----·-__/.J2uc..>«"'nc...,1------+----+----f---------· ---1-1t-¥ !' ___ _/_/J_d.Jl_ ___ --;--------t-------------j rJ_.t, € d11__,l=0-+-_....,,:J,_11--=.Si..c;.04-______ --1---~=ic:oc.::O:.+.-___,~_..-, l'1 l \. ·-11-~~~ y :J.S-IJ·~ ----·--;,-;~-----------~:i..._c.-.~..,~~-I-L.?._w._w.-tt_ -_-_-__ -_-__ -_· ______ ..,__ __ ,-__ _ __ ,~19~ & T~ ·. __ _ 619 R ,':ct --------------·--.. l9'-'--"S'4-½-_ __,.3=5i.,,.o_""o+----"".2,_,'7.__..&;-'"~'n'--l-___ -+-----+----=.2=f..::..,,, n'-h-c.------l! Sl!> " & T 1---+1-,g_;,tJ :J/-'1$._t' ________ ---------·-·----+-----------+-----------------------------it-------+-----------·-·---·--·-----------·-··----------4---+--¼--+----------·--------------tt-----------------··-----·---------·-----------------·--····----· -----------+------------,--------·------------~-----------------------1 4 .: l------1------+----+--+---+--'----------------------1----------------------------------------·-···· ·······--·----+--+--!------------------------+---------------,----~---:.-;:.:.: 34 35 36 37 -i -SB\ ~ l 39 i I I l ,10[ ~ -I • ;....__.j ~ I ' i 45 : I -48 49 -==d-,===i==~=±===;==,========i=~~iiiw==:!!6===~===========1 I ARB. No. l MAP No. LEGAL DESCRIPTION M e x ~ l St , ; 52. i 53 ~ Th.um Lands (Except Southwesterly 200 :re~t) Northwesterly 0 feet of 2.802 Acre Parcel as per Record or St.i="Vey 1-591 in· Tract 236 . l.9 5 .0.3 54 55 56 57 58 59 -60 61 0,.98 acre 62 63 ! -~ 64 \ 65 i i---------l i 66 l r----J ; I ·--~- ---~·-· -l J i.F --,,. ,,,._,,,._,._.,,__,,, '- "' ... • .. (.'"JL1N\ .. . ., o· N IAL BUILDING RECORD PARCEL 3-?i-.. '.'l:3~ . #-.Xi SAN mEGO CO,C.\L:IFO.BNIA ' .. r; -~ ... • • .. ...'!.. ~ • ~ ADDRESS...3.:J. _,,,:it LI.J_ ~-a <;f SHEET. .:Za sr,.j X·E_C -A:J· .. -•:. {.. Or S('tE'E1 41 .. SSE:SSOR Lb~~~/~------------DtBCRIPTION OF BUILDlt,6 ; tlLASS&$HAP£ . CONSTRUCTION StlfUCtUflJ.L EXTERIOR ROOF LlfHTINfl l,i/R QOflOJtlON ROOM ANO /1/f,IIBII I> P'J'AIL --... :.,. Lfoilt )( .Fro,,.. 'J:1& ... T ·Sfueeo 011 F/of ,;; ~U.,t, vrr1r1na ..,_ aollm l'~O.Otf$ f"I.DOff lrill$H INTERIOR FINISH ..... ..l ~"'.a. --?; ,_ .$oP-Slond,;rtJ • JI . . '°l'l( t ..... s::· ~-· ·' ,, /SobJ~ /4 lK.r. I IC.l,,.W ~o,i;<rd. c,l!on'a ROOMS . ·, , Maf11rloi (;rad• TRI,,,, Woll, C.ilmtH Affl:fllTt!:TUn i.i Slal)dard Sheathing Sidi11a . JI ' ~ '"" :l J 'O :s.x. Coli/~ -ril, J/rmiid. Al! '}/ Co¥!.-[t:M ... I. ..• 11,.J. .llr .-r.. .Abo~r~lo.ndard · Concr,;I;, Bloclt 'lll Shed /A I.C.n. FIXTures !f'/r,1/Unil }( .... -IH ... /,.-,._"f:JAN' 9 Jlori•:, ~pec,'al a.ts.,· Jui;. ·Cut Up F:ew ~ Ch.-ap -~ 1"'1"' ent.Hq/1 '!'YP.E-S,r,'cft Shin.ale borm•r$ • ~-Avo, '"" ·1¥td, Flottr llnif Livi1111 1 . 11t..uaL '1:!J u,,' , .... Iii FOUNDATION ), Ado//1 8" $hak, '' l .liil1..2·~t:. ':.JJl Won_y · 15,_.,, ,Jo11•llnif :Dinino I rlll.,...'.L "P.~ ,I Sinole I.»· " :~r;,eltt .>i ·noorJo,"$f1 . .8.&B.I lr.46, . 6vftwrs t;e11froi•1 , Double fhlnlor<;ttd j : ' 1••:2.··".,A "J.l.,. i;lt .,·,.LL~ r.t.--J [,'J,1 r.t-J .6(, P4UMIIN8 /Jed I l)uofu lJtl~lt '~ -2"'1 ",c .. _ ' '' lfJric-1,, .Sht'nql• .. ~-J)';.l$f.<,I. lttJIIOO ·Bed Li-' Annrfmtnl · _Woad Sub•FlotJr .. S,lo_ne Jha/re O/llJurner lu . .-. 4 iD .----.1 ... J.-J./"',,. Flol-CtJurf Pittrs i"" Concret-1'7aar WINDOWS -~ Ti/~ IJ ~,,,,. '; Mais/ ' )4 p.~, Tiltt Trim /.,oundr11 M·8.T.U, lnsulafrt/ Ce,'/in~ M•fa/Sosh ix' C'Oll!llD,,"11 f<' l.:11'· :Wot•r Hlr.·AutA )'F,rttplace Kitchttn I ~!')nc..., -['J:>,,..A,,11 ,;Cl;,,__-,. I IJnila ;L/qbf I !Heal'V l111uloft1.d Wolf., :..t, Scrren.s (:omnn.Sh,'not, · 'Watrr-Softn•r I DrolnBd. Moi.,rlt1l,-~;!,.),.c<' LtJ/1,, F/. · J)llt,alt, CONSTRUCTION 11/!CORO · EFFEC. A,.PR, NORMAi " GOOD RATING t~.S,A,F,PJ BATH DETAIL ,,.,.,,u YEAR 'fEAR ~lit'g Arch. Fune. Con• el~ = FT. No. FINls« "JXTU8 ES ,., '~ER AIIIOunl Doi• ~ .. Tobi• o/o Cand. ,Plan Walls Tut O,rade rmld No. ,., . ',-.-•" ' u,. Affr. f11rm J::1o.o~& .. ...,~ ... ,,. .""'h _jj ;;,c,,o:.A.. ;/..:-,,:-Jll':I: ,· j <f I'., 1/..A.': ~ <1f ; ., L~, ,,._,p J:' J;", ,... F" L) ;:' J::" ' I I ~ -. "' . I :, , />?• ,A I .,•{ .. )'iS'I lt:JLJ: ~ '!': I Ai/. 1, 'ftL F F I" p A ):: l'fL '/. ,;... ,_, a, fhc, 9:sl I' F--r" ~ -.--r ,Jq;'(.) ur,-v J (, ,,, ...... /1:J'" ., -~ p -~ • r . -. . .,., :a.JAL FEATURES . 8tUJk Cos.& t,t,1,/I-,,, R(;lrr1q. V•nelian Blinds J ShuH.,rs .....,.,, "o_,,,,.IJHJ.ltl. Y' J/ltlJnf ~~nJ-11 r " lhslHu4she ... ;2.~"j31lf' 00 c.--' .,I . • UTATJO!I ~ Approiilfr a Date .~It I~~"'-,,~~.,.~ _ _... -;u ,_ ·-~· .•. -,._.L.:.";i ' ·-... -,-v L,,;.,1r •. s• Unit Area !:!:!!!~ Coat : ,gf!~ • r, .,.. ' Cost jl~! 'v"coat ~ co,i ~:i·~ oat . Co11t ~!!.~' Coat gg!; Co$1 ~~!? Co•I ~ . · 1r i/'l .·i I,, d: 15.Ph ,,-:SJ() ,/,h ,,,J., a'"'' )I, .g" 9/. q ""°' I/_;::;:'.~" !:.uuf· "'n.lll. ' ·3t.J'9 ,h, .?./)' 3:§' /t/. '1, '" /1/-:f/_' ,. -,_.., ~ ,. ,., ,1 1 ... i 0 2 C. 7 ~ ' .. , .. '. .lll. . 1.P"I. .'<~I ,..;:: p . . n 9 -;;i ;;;,('J 3,)0 '3. 2. .:,. 3 'i>) C,(!,.'P '· 'J-10 -1./J j(J Y. -~ 11 //} "l . 1. ... ".> ,bo JC,'.2 .. u:.t-P. . • (4 y -.~n 1'/, .86 ?i.l I']':} • ,tt.:> 7ii I. ,1.J:F • • J JO 1.,00 / lo . I, a-a /P-n . J J!t, l £._ ,-,, 1,8c -r,,.,._"'J":,,,,._ 6LJ •Lo•' /_r, /,,,C> ""7,.._z-• . • :t !( II J .J/J 1/f . ') . .10 1/. f'"/_ • JJe1. l 10 4S"1 ·'I-, ....... -1,,,.,.1/. t.~t.1. L.ny [.,ow. f l,l'Ac Jc. I /,..µ_c_,._c •I , Jl)/6/' . 4.o½ 1.1~ J,.., l~ ,.; ? TOTAi. LJ. r .. J,.;,//5. /?'/1 ~--.:l. I \'.-l. t. ?_ 1 I "2-(. NORMAL % GOOD q.f( qt,,, ){ !? ., ('"?)',\,,.. Cr; 0 R.C.L.N.D /J IJml'/ tl..,j IJ IL£""' ,/J ~, ! 8.S:f.1. . to.S:¢i:.~'3 .. -· · ll-11,1111 A' 3-~4 I' ' ~J.J ,IN ..---:P, . / l --,-· --. ; -~--·--r----. --···· , I. ,I {__ I ' !I Jit i:j~ } ;_ ! ' • -1 ___ ,_L _____ L. ____ .J , lf I s IR... c... t-e. 7-r-----~--------------·-·-------------.. ----_-_·_·· ___ :·----L ---·--.. ~ ,~, ()/'-' P..J•,0 > ----------------1/,/' -= I I '.[ '\ ,!f' IW, ,.w..;.~ ""'"'.;~~ ·l<, ! -/ 9 53 Courtvard area of adobe toda Catherine Bryan poses next to adobe under construction Catherine Bryan next to drying adobe bricks .. Catherine Bryan with her father; the adobe architect builder Clarence Bryan CONSTRUCTION OF UNIQUE HISTORICAL HACIENDA r ,:-:,,· ---~ .. __,_. -..._,·. I 9·53 '· ·.· ·'· .. ·:~ Catherine Bryan in adobe under contruction in 1954 '13r '1 a 11 Fa"l; ~ ii) £0'1/ of' d'f';J;~ fJ8cbes l 153 Catherine Bryan with her mother in 1954 __ :~ · I t&t••• 9"lillfliut f ii' •• ! --. c.. j --··-=-.... · J 9 5LJ 2 3 4 5 6 7 8 9 10 11 --1-2 13 E f) Clork of the Superior CQurt AUG 2 8 2014 BY S. Ochoa DEPUTY SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO APPELLATE DIVISION MTGLQ INVESTORS LP, Appellate Division Case No.: --.-==i,,,n:::=::=::-;:----------,---3'7-2010-00200153-eI,--eD-eTI:,---t----Trial Court Case No.: · .. vs. 37-2009-0004092337-CL-UD-NC 14 BETIYBRYANandCATIIERINEBRYAN, ORDER CONTINUING 15 16 17 18 Defendant/ Appellant.· STAY OF APPEAL 19 Appellant MTGLQ appealed from the 4/12/10 judgment for possession only in favorof 20 Defendants Betty Bryan and Catherine Bryan following a jury trial. 21 Despite the parties' failure to file a Notice of Related Case pursuant to California Rules 22 of Court, rule 3.300, on 8/17/12, the Appellate Division issued an Order to Show Cause as to 23 why the appeal should not be stayed in light of the Notice of Removal of a related case filed in 24 the U.S. District Court and requested supplemental briefing on the issue. On 10/16/12, the. 25 Appellate Division issued an Order staying the appeal, which provides in part: " ... this appeal is 26 stayed pending the resolution of case# 3:10-cv-01605-CAB-KSC, a related case currently being. 27 litigated in the United States District Court, Southern District of California. (See Notice of 28 Removal filed 8/2/10 and Exhibit A thereto.) Within 30 days following the resolution of the District Court case, Appellant is to file a notice with the Appellate Division, which includes the 2 procedural status of the District Court case and the final judgment, if applicable." 3 On 8/30/13, Appellant filed a "Notice of Resolution of U.S. District Court Case #3:10-cv 4 01605-CAB-KSC," and on 9/25/13, the 8/28/13 summary judgment entered by the District 5 Court was appealed to the United States Court of Appeals for the Ninth Circuit (Case No. 13-6 56681). A review of the electronic docket reveals that on 3/27/14, the Ninth Circuit Court of 7 Appeal denied a motion to dismiss the appeal and a motion to strike the opening brief. 8 Appellees, including MTGLQ Investors, LP filed their answering briefs in April 2014 and it 9 appears that briefing may now be complete. 1 10 In response to the Appellate Division Clerk's 1/22/14 Notice, Plaintiff/Appellant 11 MTGLQ and Defendants/Respondents the Bryans submitted letters presenting opposing -------J:2-· -positions-orrthe-continuation-ofthe-stay;--0n-'lf23/t4;-Appellant-M'I'6J:;~-filed.i-''Motion-to--···--·· · --·· · 13 Have Appeal Set for Hearing or, in the Alternative, Ruled Based Upon the Record and the 14 Received Briefing," and on 8/7/14, Respondents filed Opposition thereto. 15 The unlawful detainer judgment for "possession only" was in favor of 16 Defendants/Respondents the Bryans based on the jury's response in the negative to the following 17 special verdict question: "Plaintiff, MTGLQ Investors, LP, purchased the property at the 18 [foreclosure] sale and is presently the legal owner of the property." (CT 260.) The final 19 resolution of the federal action will determine the disputed title issues relative to the property, 20 and Appellant MTGLQ has not demonstrated that it would be prejudiced by the continuation of 21 the stay. Appellant MTGLQ's argument that the "trial court can manage any claims of 22 prejudice" raised by the Bryans in the event of a reversal of the judgment is unavailing and 23 ignores the need for judicial economy. 24 In order to avoid the possibility of inconsistent rulings and in the interest of judicial 25 economy, the stay of this appeal will continue pending the appeal in United States Court of 26 27 1 The 3/27/14 Order provides that an "optional reply brief is due within 14 days after service of the answering 28 brief." Appeals for the Ninth Circuit, Case No. 13-56681, and any continuation of the U.S. District 2 Court Case #3:10-cv-01605 if the matter is remanded. Appellant is to notify the Appellate 3 Division with a written status of the federal court actions within 30 days of the issuance of any 4 final written disposition and attach a conformed copy of the written disposition. 5 The Appellate Division will consider Respondents' request to accept the proposed 6 Respondents' Brief and the possibility of requesting supplemental briefing from both parties 7 after the stay is lifted. The Appellate Division will consider previously submitted requests for 8 judicial notice at the tinie the cause is considered on the merits as an additional appellate issue. 9 (People v. Preslie (I 977) 70 Cal.App:3d 486.) 10 IT IS SO ORDERED. ~ 11 Dated ~{;tp( lf -~-t-+f"=Mc:--,.._~~----KE YWELLS --1-2.---·-·------------~Presiding Judg_e_,-A~p-p-e=n~ate~Divi~-s~i-on------1---·-· · ..... -·· .... ·· 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO FOR COURT USE ONLY ~ CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101 CENTRAL DIVISION, JWENILE COURT, 2851 MEADOW LARK DR., SAN DIEGO, CA 92123 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 F 1 ' E D NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 . ., SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 Clerk of tti& 8U]lo:ITICll' COIUi. APPELLANT .AUG 2 f<: 2011!-MTGLQ INVESTORS LP BY S. Ochoa RESPONDENT DEPIJ'f'I BETTY BRYAN and CATHERINE BRYAN SUPERIOR COURT CASE NUMBER 37-2009-0004092337-CL-UD-NC APPELLATE DIVISION CASE NUMBER CLERK'S CERTIFICATE OF SERVICE BY MAIL 37-2010-00200153-CL-UD-CTL I certify that I am not a party to the above-entitled cause, and that I placed a copy of the following document(s): ORDER CONTINUING STAY OF APPEAL dated 8/28/14 __jJJ.asealed . .emtel.opaaddres.sed..tolb.e..pact~'lll1..l'illh.pomagll..ll[epald and deP-osited it_in the United States mail at 0Chula Vista DEi Cajon DRamona 181San Diego 0Vlsta, California. Date: 8/28/14 S. Edward Slabach Esq. TFLG, A Law Corp. Attorneys for MTGLQ Investors, LP 202 Cousteau Place, Ste 260 Davis, CA 95618 Clerk of the Superior Court by~ S.CHOA Catherine Bryan 37 45 Adams Street Carlsbad, CA 92008 Betty Bryan 3745 Adams Street Carlsbad, CA 92008 SOSC APL-140 (New 11f09) CERTIFICATE OF SERVICE BY MAIL , Deputy CodeC.iv.'..~.<;.§1013 ~. (?ii007iir,'i1··1,'.,1 R Pr1~.· / i ,_ V Ir.'\( ·/ '.-' (-. ./·I\!! I ··. 1• KOKOPELLI AGRICULTURAL PROJECT 3745 ADAMS STREET CARLSBAD CALIFORNIA SERVED VIA CERTIFIBD MAIL 7/31/2017 RE:DEMANDFORRECONVEYANCEOFGRANTDEED Dear YIKIKO SUMIMOTO, If you recall, we personally met on the date of Sunday December 15, 2013, when you parked your gold Lexus automobile a few houses down from my property located at 3745 Adams Street in Carlsbad California and then entered my property, along with your agent and employee, who, in front of multiple witnesses presented an FBI badge, identifying himself as William Bennett, concurrently ordering everyone off my property, before he [William Bennett] was forced to call City of Carlsbad police. When I suggested contacting the local police was a very good idea, and asked your employee "William Bennett FBI agent," for identification establishing his federal authority, purported FBI agent William Bennett, said, "I don't have to show you that!" Then FBI agent William Bennett attempted to interrogate me asking multiple personal questions, to which I responded, "Before we discuss these matters, please at least provide me with your business card, because I won't speak with you or answer any questions until I can establish your authority as a law enforcement agent." William Bennett "the FBI agent," then stated his business cards were out in your vehicle, and would be provided shortly. I then asked my son, Duncan Faulkner, to stay with you until William Bennett "FBI agent," until he provided us with a copy of the business card, typically provided to any agent of the Federal Bureau of Investigation. I then went inside my home to my contact assigned agents at the FBI, who were assisting me to investigate the elder financial fraud issues related to Code Enforcement Officer Scott Rudinger, Carolyn Blake, Demarco Fletcher, and George Morgan's crimes of elder financial fraud against my the Bryan family, in 2005. 'However, it was Sunday, and I was only able to leave an inquiry message with my contact agents. When I came back outside, my son informed me, that William Bennett "FBI agent," stated you and he would return within 15 minutes with his business card and other verifying documents. According to my son, he then observed you and William Bennett "FBI agent," enter your gold Lexus, and quickly drive away, never returning with the requisite business card. Recently, during the process of obtaining all pertaining legal documents for my upcoming August 22, 2017, administrative hearing before City of Carlsbad City Council, I became aware of a fraudulent Grant Deed, recorded by you on the date of April 1, 2014, that purports to be a conveyance of title from Betty Bryan, to Yukiko Sumirnoto for a valuable consideration. Setting aside the matter of the clearly forged signature of Betty Bryan, which greatly differs from all her valid signatures on all other title documents, please carefully review my enclosed copy of the Grant Deed, bearing Catherine Bryan's and Betty Bryan's valid signature, recorded at the San Diego County recorder's office as document# 2009-01-43043, therein legally conveying all title and interest to the subject property at 3745 Adams Street in Carlsbad California to Kokopelli Community Workshop Corporation, in a Grant Deed dated March 23, 2009, along with the pertaining MOU contract between Catherine Bryan and Betty Bryan, and Kokopelli Community Workshop Corporation. Also review enclosed easily verifiable, U.S. Federal Court Document Betty Bryan's filed in Bankruptcy Case 11256L13, where the Declaration of Betty Bryan establishes that the loan in dispute had two borrowers, Betty Bryan and Catherine Bryan, and that the debtor's property, was owned in joint tenancy by Betty Bryan and Catherine Bryan. These easily verified legal documents make it easy to legally establish; (1) On the date of March 23, 2009, prior to MTGLQ Investor's L.P. wrongful foreclosure of October 23, 2009, Betty Bryan legally conveyed all title and interest to the property located at 3745 Adams Street in Carlsbad California to Kokopelli Community Workshop Corporation. Consequently, regardless of whether Betty Bryan's signature is forged or not, on the improper Grant Deed recorded by you on the date of April 1, 2014, Betty Bryan no longer retained the legal right to convey the property located at 3745 Adams Street in Carlsbad California, to Yukiko Sumimoto. Please be advised that upon my discovery of your crimes of title fraud [in violation of Penal Code 115 PC] and elder financial exploitation [in violation of Penal Code 368] along with my evidence of forgery, I appropriately contacted Lawrence Middleton, chief investigator Criminal Division at The United States Attorney's Office, Central District of California Criminal Division, 312 North Spring Street, 12th floor Los Angeles, California 90012, and filed an appropriate crime report. Chief Investigator Middleton office has suggested that I contact you personally and ask you to withdraw the improper, Grant Deed, recorded as document 2014-0126704, within 30 days, in order to avoid the necessity of my filing a quiet title action and concurrently requesting action for criminal prosecution, against you and against William Bennett for crimes related to senior financial exploitation. Very truly yours, ~ -13 w, M') Catherine Bryan, Director & Founder, Kokopelli Community Workshop ff!CORDING Rt;. ED BY YUKIKO SUMIMOTO ANO WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: "''" YUKIKO SUMIMOTO =-4401 PALSO VERDES DR. EAST ~~n;' RANCHO PALOS VERDES, CA 90275 Tin£ ORDER MO. APN: 205-270-13 DOC # 201 4-0126704 1111111111111111I 111111111111111 lllll lllll 1111111111111111111111111111 APR 01, 20,4 2:17 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernetl J. Dronenburg, Jr .. COUNTY RECORDER FEES: 29.00 DC: DC PAGES: 2 1111111 11111 llm 111111111111111 HIii 11111111111111111111 IEll l~II 111111111111111111 SPA.CE ABOVE THIS llNE FOR RECORDER'S use ONLY GRANT DEED The undersigned grantor{s) declare(s): DOCUMENTARY TRANSFER TAX$ 0 (GIFT} 0 computed on full value of property conveyed, or D computed on full value less liens and encumbrances remaining at time of sale. D Unincorporated Area IR) City of~C~AR"""L"'S""BA-"D~---------FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I r,,le) BETTY BRYAN, A WIDOW hereby remlse, release and grant to YUKIKO SUMIMOTO the following described real property in the City of,,.C_A_R_L_S_B_A_D _____ ,County of SAN DIEGO State of California, with the following legal description: SEE EXHIBIT "A" ATTACHED HERETO ANO MADE PART OF HERE OF COMMONLY KNOWN AS 3745 ADAMS ST. CARLSBAD, CA 92008 STATE OF CALIFORNIA COUNTY OF SAN DIEGO Signatum 0f Grantor Typed or Printed Name of Grantor On A~'\ \ it\ a:1> \L\ before me, N0-h½.I \)i.U,a..<-C°'I No\-,;:..;j :f\bl\,(.. . ~e) \ \ · {Name end U le of the offi personally appeared lt,Q't-¼.I W<""~v-..r ~1 ~6, V\ . who proved tome on lhe basis or (Na e ol person s gnin satlsfact~ evidence to be the pers'i1(rrl ~se nameta< Islaµ! s!crlbed to the wt~lns~ment and ar,nO\Medged to me that ~she/I y executed the same in · ffrerrt ff euth.91zid capacity S)I and that by r/l r signature on the Instrument the person( • or the entity upon behalf of ch t e per,o";6J acted, exec tea he instrument. I certify under PENAL TY OF PERJURY under the laws of the Slate of Ce!lfomla that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. • There are various types of deed forms depending on each per1on's legal status. Before you use this fonn you many want to consutt an attorney If you have questions concerning which document fom, Is appropriate for yOtJr transaction. Case 3:10-cv-01605-CAB-KSC Document 14-1 Filed 10/28110 Pa9~ ,.J of 36 Branch :FOl,Um:A048 Comment: Station Id :OGDM ORDER NO: EfJOXl21 REF. NO. CA-41-1flfTl>IIL EXHIBIT A LEGAL DESCRIPTION 264 All THAT PORTION OFTRACT238 OF THUM !MiOS 1N THE COUNlY OF SAN OIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, PILED IN 'THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNTY OECEM8ER 9, 1916. DESCRIBED AS FOLLOWS: 8EGINNlNCl AT A PCINT ON THE CENTER LINE OF ADAMS STREET A DISTANCE 'THEREON NORTH 28"39' WEST 734.81 FEET FROM ITS INTERSECTION WITH niE CENTER UNE OF TAMARACK AVENUE. SAID POINT OF BEOlNNINO BEING ALSO THE NORTHEASTERLY CORNER OF THAT PORTION OF SAID TRACT 238 CONVEYED BY niE SOUlH COAST LAND COMPANY TO SALVADO AND YSIORA TREJO BY DEED DATED JANUARY 19, 1931, AND RECORDED IN BOOK 1870, PAGE 77 RECORD OF DEEDS, THENCE ALONG THE NORTHWESTEAL Y LINE OF THE LANO SO CONVEYED TD TREJO SOIJTI1 til'21' WEST A DISTANCE OF 448.88 FEET TO '!HE MOST WESTERLY CORNER THEREOF: THENCE NORTH 28'38' WEST A DISTANCE OF 196.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAJO TRACT 236 CONVEYED BV THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER BY DEED DATeD MAY 5, 1927 AND RECORDED IN BOOK 1336, PACE 384, RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION NORTH 61'21' EAST A DISTANCE OF 4-<11.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET, THENCE At.ONG THE CENTER LINE OF ADAMS STREET SOI/TH 28'39' EAST A OISTANCE OF 195.03 FEET TO THE POINT OF 8EGINNlNG. EXCEPT THEREFROM THAT PORTION THEREOF OESCRtBEO AS FOLLOWS: niE SOUTHERLY 200 FEET OF THAT PORTION OF TRACT 238 OF THUM LANDS, IN niE CITY OF CARLSBAD, COUN'TY OF SAN CIEClO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 1681, PILED IN THE OFFICE Of THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 0, 1916, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTeR LINE OF ADAMS STREET, A DISTANCE niEREON NORTH 28'39' WEST 734,81 FEET PROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK AVENUE, SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THAT PORTION OF TRACT 238 CONVEYED BY THE SOUTH COAST !MiO COMPANY TO SALVAOO ANO ISIORA TREJO BY DEED OATEO JANUARY 19, 1831, ANO RECORDED IN BOOK 1870, PAGE n, RECORDS OF DEEDS; THENCE ALONG THE NORTHWESTERLY LINE OF THE t.MiO SO CONVEYED TO TREJO, SOUTH 61"21' WEST A DISTANCE OF .. 8.88 FEET TO THI: MOST WESTERLY CORNER THEREOF: THENCE NORTH 28'39' WEST A DISTANCE OF 193.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 238 CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN P.PALMER BY DEED DATED MAY 5, 19V ANO RECORDED IN BOOK 1335, PAGE 311<1, RECORDS OF DEEDS: THENCE ALONG '!HE SOUTHEASTERLY LINE Of THE PALMER PORTION. NORTH 61"21' EAST, A DISTANCE OF 4411.88 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET; THENCE ALONG THE CENTER LINE OF ADAMS STREET, SOUTH 28'39' EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 200 FEET BEING MEASURED PARALLEL WITH THE SOUTHWESTERLY LINE OF THE LAND HEREINABOve oeSCRIBED. FORl.408-02-04(11/07) SAN DIEGO.CA Documen1: FD 2009.603574 Page 3 of3 TNSlei 'sSala Gua-ront=r•{tt-17.()4) CL TA Ck111,m:ci. F«m f,&Q. 22 • F'or U&a In Clti!om= Printed on I l/6n009 I: I O:OS PM I Case 3:10-cv-01605-,B-KSC Document 279 Filed 05/,13 Page 119 of 14_1 __ DOC# 2009-0143943 I 111111111111111111111111111111111111111111111111111111111111111111111 R.ECORlllNG R.EQIJEST!!D BY MAR 23, 2009 12:01 PM OFFICIA.l RECORDS SAN O!ECiO COUNTY RECOMEA'S OFFIC! DAVID t.. BUTLER, COUNTY RECORDER FEES: 25.00 oee oc PAGES: 3 Andrta ~[Wo_n Utt, I Financial Oir«;tor Kokopclli Cummunt ·orkshop Corporation 11mmi m1 m11111 m11 om 11111 um Rffl nmm11 umu~ m11m Jm A.DA."1S STllP.T CAllLSBAJil, CA. Title Ordar No.1 J06519 E«r<>• No.1 003:19616-A.EP 39'77 TH2 t:ND~RS ONED O RISl DEQ.Allll(SJ L'ttJ of 14N 'DIEGO or O Unincorpcrnud Iva City CDC1wy&n01 Tu II '°.00 p...,tNo.l1>f.ffl-ll . IS DONATION, ~O CONS!OERA110N, rccolp< of TJt\Jch Ii har,by acknowlodi<d, BETTY DRY AN, A WlllOW AND CATHUll!& a11v AN, A ~!Nau: woMAN , WllO ACQUIR£1l -nn.E AS SINGLE WOMAN AS JOINT TENANTS hereby ORAN1'(S) ID <:::::i<okopelli Community Workshop Corpora~ th, rcaJ p,opcrty In I.hi Counry of Saa Dbp, SWll of Oill(omla, ~ribcd u: SE£ l!.XHlllrr "A" A'TTArH'F.n lfl'.RIITO AND MADB A PAllTHEREOP Ci,ml'l'!Ollly kno11111 u J1d Ad.wa Strett. c.,t,bad. CA 910(1 MAIL TAX STAT!.\D;H11TO PUTY SHOWN QNTJKFOU,OWUl'G LfNil ~1i~~M~W\i~.iYP;ff8P ~~~-------··-Walfn6;00 ~-i<,A,-A Y,-l,lfH£Rl)';[BRV.\~~ larder-Nor-Order Search Doc-SD·?009 00143943 724 Created Ry· geonlea Pcloted· J1/J2r?0JO J l·J6·39 PM es:r! r C~£Q 3·lO-C" 01605-r Document 279 Filed 05,13 Page 117 ol 141 ~-L KOKOPELLI COMMUNITY WORKSHOP. 374& Ad1m1 S1,01, C1rt1b1d C1l1fornl1 750-411-81511 Joseph E. Floren Morg•n, Lewi, & Beckius I.LP One Market, Spear Street Tower I San Francisco, CA 94105-1126 To the attention of Attorney Joseph E. Floren, Regarding civil maucr: 3:10-cv-01605-DMS-RllB; Plme be oware that Kokopelli Community Workshop Corporntion purpose in naming Goldman as dcfendanl is to crente awareness that elderly and handicapped victims of the foreclosure crises have been specifically targeted by Goldman and their mongage industry partners who commonly use their supcriOr barg3.ining position and debt c0Hcc1ion attomey1:1 to take unfnir advantage of the elderly by solicitation of illegal sub•primc loans followed by taking wronsful adverse possession oflhe cider's home. Kokopelli Community Workshop Corporation has been assislcd by local e<pert wi1nessc, e.g. I.aw Proressor Pamela Simmons, Low Professor Kurt Eggurt, and document analyst Charles J. KoQpa, who are actively involved with our lhrce year effort to produce an evidentiary foundation demonstrating that Goldm1m is the mnster-mind -parent organization behind nil the wrongdoings alleged in our comph1int, Al trial we will demonstrate that 84-year old plaintiff Betty Brynn, was only was of hundreds and tho\lsands of ci1izens of diminished capacity including hnndicappcd and elders who have been victimi1.i:d by Goldman Sachs Bank•Ooldmnn Sachs Group, helplessly evicted from their homes and sent hobbling down the street in their wheel chairs and walkers. We have docu1ncntary proof including photos anti videos of sheriffs evicting a multitude of elderly and hamlicopped borrowers as o direct rcsuli of Goldman Sachs and !heir mortgage industry subsidiaries wrongful nets. Our cxpen w!tnesses, are prepared ta provide irrefutable evidence supporting our evidcntiary foundation thal Goldman Sachs is indeed the primary defendant and culpable in th!s matter, our ev.idence will demonstrate thai Goldman Sachs Group is the parent company of MTGLQ Investors L.P. nnd Lillon Loan Service who Rrc only mere subsidiaries created by Goldman Sachs Group, 10 facilitate ils on.going leverage of moss Ive amounts of borrower real estate world-wide. We will be asking the jury to toke umltr consideration, lhnt it is n well.known and ensily supported fact thn1 Goldman Sachs, ns supported by the news articles published in the National Press reporting Securilies nnd Exchange Commission probes and the Justice Department~' on· going lnwsui\ ng11inst Goldman for fraud: has especially targeted senior citizens in creating the Housing crises for Profit. KOKOPELL1 COMMUNITY WORKSHOP CORPOR-" TION 37-45 Adam, smm, C&rltbael Callrornl1, 11200& 722 l Case 3 1-01605tt'B-KSC Document 279 Filed 05,13 Page 118 of 141 Your client Goldman Sach, by means of its wrongful actions committed by through and with their subsidiaries; MTGLQ Investor, L.P. and Litton.Loan ,ervice, substantially lncreesed their liability when .. a response to elderly Betty Bryans, attempt to cancel and offer tender through a verifiable reverse mortgage through Saint Patrick's Parish Church, simply referred aglng loan fraud victim Betty Bryan to Goldman Sach,, thercln claiming MTGLQ had no records of the pertaining loan, (sea enclosed July 6, 2009 letter from attorney Stephen C Wichmann) and thercafler Goldman subsidiary agent MOTLQ Investors L.P. sold elderly Betty Bryans' home of 60 yem, et public auction and subsequently Goldman's attorney Endres law firm, took aggressive legal action to wrongfully evict the critlcally ill 87-ycar-ald pleintiff,G""t three week., post major-surgery) for the purpose of taking adverse possession, of her home of 60 year,. . . Pursuant to all the above: our cwrent preparations for trial lnclude some very costly discovery. To avoid increesing your clients' liability in this matter, we strongly suggest that your clients should cootaet their subsidiaries to provide an Immediate reconveyance of the subject property at their earliest opportunity, · , The subject loan contract was clearly fraudulent and therefore covered by in,urance, yet your client Goldman Sachs and their subsidiaries and Investment par111er., found It more profitable to aggres,ively foreclose ralher than to appropriately assist elderly Betty Bryan with a valid rcscis,ion, that would have allowed her to tender an equitably reduced amount of debt, and · restore all parties to their former position, and then took instant action to evict her. The above communication authorized by th~ board of director, of Kokopelll Community Worksbop CorporBtloo Dated: 12/27/201_0 cc. all parties in intereot (sec attached service liot) KCWC legal committee Catherine Bryan, Executive Director Seon Park, Vice President Andrea Mllloo, Flnoncial Director Jolie A, Rieger, Secretary Peggy Scott, Communications Endosuras: December 25, 2010 LettBf to Floran from Cha~ee J, Koppa KOKOP!.L.LI ·cowuuNITY·WORMHOP CORPORATION 1.741 Ad1m1 ltrttt. Carltb*d c.llfornla, '20fJI 723 I Case 3:10-cv-01605-.B-KSC Document '2.l',:J 1-11eo u::.18.L" r-ct'::)e .c.cv v, .L~.L ALL PURPOSE ACKNOWLEDGEMENT 39'78 STATE OF CALIFORNIA COUNTYOF ~~ ~'1 L, .!. On lW ½..f:'1wo, before me, l'f'xt ... :!.{=•-w,J r\Ar'\H.., Nc,1,,,,,...9,.,,1,i.,l. /in•8!1 and iiilior ihooincerf' ' c..J personallyappeared Ccitlieric,e 'Bc~an, 6e m-.., .f?~~an v.110 proved to me on the basis of aellsfacto,y evidence lo be the person(a) whose name(s) la/are subsctlbed to the within Instrument and admowtedged to me that he/she/they executed lhe aema In hls/herhhelr authorlzed capaclly(lea), and thal by hla/her/thalr slgnature(a) on the Instrument the parson(sl, or the enllly upon behatt of v.iilch lho per.,on(a) acted, executed lho lnolrument. I certify under PENAL TY OF PERJURY under the laws of lhe Stele o! California that the foregoing paragraph Is true and correct. WITNESS myhend and official seet AK.f.,....1Rl1(1~11 lowe;r-Noo::Order Seactb Dev:· S0·2009 00141941 Cceil!ed 9'1' genolea Odored· 12111 /JOJO t! · J 6·39 P!d esil 725 Case 3:10-cv-01605-.B-KSC Document 279 Filed 05,13 Page 114 of 141 DA TED Aprll 15, 2009 ~ Kokopelli KOKOPELLI COMMUNITY WORKSHOP A Non-Profit Pub\1e Benefit Corporation Kokopelll Community Workshop Project Memorandum of Understanding; hereinafter referred to as MOU I. PARTIES This MOU agreement is between Betty Bryan, Catherine Bryan, and Kokopelli Community Workshop Corporation. 11. SCOPE OF AGREEMENT The scope of this agreement is to identify the duties and responsibilities of each party, as they relate to the financing and use of the property known as: 3745 Adams Street, Carlsbad, California 92008, hereinafter referred to as; the subject property. The intended use of the subject property and the sole purposes of the subject property shall be occupancy and use by the following entities: Betty Bryan, _Catherine Bryan and Kokopelli Community Workshop Corporation; a non-profit organization, organic food farm, energy efficient facility and community service resource program assisting the local and extended community with a foreclosure relief project. This non-profit use of the subject property will increase opportunity for public service and community development based on the community's usage. Betty Bryan and Catherine Bryan will be guaranteed lifetime residency on the subject property under the terms ofthis MOU agreement. JII. BACKGROUND: _Kokopelli Community Workshop, a non-profit corporation, will maintain and hold title to the subject property located at 3745 Adams Street in Carlsbad California, according to the terms of this agreement. Kokopelli Community Workshop is a non-profit corporation with a focus on providing the community with a foreclosure prevention workshop and organic foods. Kokopelli Community Workshop plans to implement multiple funding proposals both to government programs and private foundations that stand to benefit the subject property and the extended local community. Kokopelli Community Workshop KOKOPELL\ COMMUNITY WORKSHOP 719 I Case 3:10-cv-01605-iB-KSC Documenr c. I'=! i-11eu u::i,,.c.., r 0\J" ~~v v, ~~~ will implement a fully integrated aquaponic system using the aqua farm model, on the subject property. Communiversity Magazine, (CommuniversityMagazine.org) as a non-profit organization, will offer a public service magazine, which will be headquartered on the subject property and will operate under the funding umbrella ofKokopelli Community Workshop. Communiversity Magazine will offer a venue for the community to advertise information and provide public classes and workshops to be offered by knowledgeable individuals. Kokopelli Foreclosure Relief Project will implement multiple funding proposals that stand to benefit the subject property, The stated non-profit use of the subject property is for community service and implementation of a non-profit organic food farm, an energy efficient facility providing organic f~od production for the underprivileged. The extended local community of San Diego County will derive many benefits from implementing Kokopelli Community Workshop Center and will work together with multiple nonprofit partners to provide self help workshops and educational classes for families and individuals subject to mortgage foreclosure. The primary mission ofKokopelli Community Workshop Corporation is to create a Foreclosure Workshop Center that will offer community service classes and workshops for the community, on the subject property. A new structure will be erected on the subject property for this purpose. The surrounding acre of land minus the space taken up by the planned and existing structures will be used to implement a non-profit aquaponic system farm using the aqua farm model. IV. CONSIDERATION As and for consideration of this planned usage, Betty Bryan and Catherine Bryan will donate the subject property located at 3745 Adams Street in Carlsbad California to Kokopelli Community Workshop Corporation who.will benefit the subject property through grant funding, aided by Kokopelli Community Workshop Project Financial Committee who will secure funding to benefit the subject property and pay off all existing encumbrances in no more than 18 months from the onset of the donation of the subject property to Kokopelli Community Workshop Corporation. V. DOCUMENTATION Kokopelli Community Workshop Corporation will provide the following supporting documents which are anached to this MOU; a 5-businesss plan for all the subject property development and planned usage. VJ. KOKOPELLI COMMUNITY WORKSHOP RESPONSIBILITIES UNDER THIS MOU KDKOPELLI COMMUNITY WORKSHOP 720 I Case ·---., :v-01605.B-KSC Document 279 Filed 05,/13 Page 116 of 141 ' Kokopelll Community Workshop Shall undertake the following activities; Kokopelli Community Workshop Corporation will a.9sume responsibility for negotiating with the current lien-holders we its operating capital and fundralsing proceeds, to pay the subject property monthly mortgage of $4,305/month, and therefore h;ld the subject property, located al 3745 Adams Street in Carlsbad California in good standing with rospoct to all mortgage,. Kokopelli Community Workshop Corporation will develop workshops, such as ForeclosUic Rel,icf Clinic,, and provide an organic food farm for the community. In addition 11KokOpelli Corporation" will maintain any records from future partners: grant and subsidy funders, and from all prospective refinance lenders, VJ!. IT JS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN ALL PARTIES THAT: Within 18 months of the date of committing to this MOU, Kokopelli Community Workshop Corporation will eliminate all existing liens and wisccured debts on the subject property located at 3745 Adams Stree~ Carlsbad, Ca. 92008. VIII. EFFECTIVE DATE AND SIGNATURE; This MOU shrul be effective upon the signature of the following Parties'; Betty Bryan, Catherine Bryan and Kokopelli Community Workshop Corporation authorized ofliclals: Dated April 15, 2009 Betty Bryan, owner of subject property Print: Cathe"i?e 6l"¼an Signature: · Brifo,:,,.:i f;AfF' Catherine Bryan, owner of subject property Print: :'&:tr'4 Sr:10 n Dale q/i-s/;2,009 .-, Signature: I~ Ar Date 1:-.15-£00'1 Andrea MIiion, Financialirector on behalfofKokopelli Community Workshop Corporation Print: z4:ad0a fll/lloo Signature: A;., r1}L, KOKOPELLI COMMUNrrY WORKSHOP 721 ~ase 3:1Ciccv-CJ1605.B-KSC Doc_ume11t 279 Filed 05/,13 Pag 'lf 141: 305'1251 State of California Secretary of State I, DEBRA BOWEN, Secretary of State of the State oJ California, hereby certify: That the attached transcript of ~.pag~(s·) has be~ri ccim_pare.d with the record on file In this office, of which it purports to be. a 8opy, and that it is full, true and correct. Soc!StSltf Form C/:-101 (REV l12CJOJ) IN WITNESS WHEREOF, I execute this certificate, a:nd affix the Great Seal of the State of California this day of 693 OCT 2 2 2007 b~--~ DEBRA BOWEN Secretary of St.inc i ! )05!251 Filed 051/l~ Page 89 9tf4i ENDORSEDi~'FILED lnlt,o ~,~w~:,,~;&!ilf .. ARTICLES OF INCORPORATION Kb~OPELL.1.COMMUNITY WORKSHOP ARTICLE I The name of this corpornlion is KOKOPELLICOMMUNITY WORKSHOP ARTICLE II OCT 2 21007 This corporation is a nonprofit PUB UC.BENEFIT CORPORATION and is not orgunizcd for the privntc gain of any person. A, II is orgmiizecl under thc:Nonprofit Pi1blic Benefit.Corporation Law for: ( ) Public purposes ( ·) Charirabl e p,i,rposes cir (X ) Public and chnriinblc purposes B. The spcdftc purpose of this corpornrion is fo. 9ffer :public service workshops for· ti,c comrµunity,.·lncluding.. but-not -limfrcd ·tp·dcvclqping n unique .. cnvironment whcrein-.quuli"ficd, .certified and knowledgeable cntilics and·individualswill.offcr unique and ·u·npnrallel·'cducational cl11:sscs, gui~Cd scff-h~~p wqrkshops, ~qmmurinl and .~ultµni_l enricl)rnent opportuniti~s:-a.nd, diverse discussion grotips. The cori,orntioh' will ulsb ·develop and. operate a fully integrated aQ.u~pbi1ic otgi;mic_ fnnn :;ystC~1 -u'sihg: thi;.nq~n · fuim lfi'Qqcl., i_.c. o~ Cdu~ati~nnl !Jrgril)ic .fnm) wqrk~hop dcdicntcd to· producing-hcal\hy food.s tp 'be donated iD'.undcrprivilcgcd persons and fnnii!ics. ·in the l'ocul community, This,' corporation :is orgtm'izcd c_xcluiivoly for chariroblq, scientific.and· educnlionaL purposes, To 'this .end, ti,¢: corporntio;i. shall at ·oil 'times be opcrnteil exclusive!>' for charilahle puq,oscs witliin:·the meaning of Section 50\(c) (3) at'· the, interim! Revenue-Co.de o.f 1986, n.1 ,i_qw eriact_cd:or. \ic~at1er ~mended, inc.luding, for such,purposcs, 'the .mnking ·or .distributions to -organizations thlit·qunlify ns exen_1pt·.orgnnizntions under Sccti"on SOl(c) (3) of the 'tntemol'Revcnuc Code of 1986, os ,,ow erincted or licrconcr amcn.ded. All funds, whether income or ptincipal. and whether acquired by gif\'·or co·ntribution:pr otherwise, shall'be devoted to sliid purposes: Ar all times shoil the tiillowing o_perntc as ·condilions··rCstricdng tile opcratiotiS·nnd nctiviliC~ of ·rhc·coipornticin: The corporniiori sh.nil i,ot afford peccmia_ry gain, -incidciitit!ly or o_therwise _to.·i.ts menibcrs. Na part of il,e net enrnings of.this corpomiio.n:shnll:inurc:10,t11e benefit of:a,wrncmbcr of 111c,corp()rarion, cxcerl.lh~t reasqnab,le,compensatiori.may be pnid for·services renaerridfo oi: Jar rhc corpqration rijTccttng one ·or .more of' its. purp.oscs. Such. net earnings,. if. n_ny, of this corporniion shall be.used to ~·out the nonpro'flt ·corporritc purposes s·ct fort.h above. 694 Case 3:rn-cv-0160.AB-KSC Document 279·_ Filed 013/13 Page ARTJQ,E lll . The nnn,e nnd mldressin the Stnte of Califoriiia.of this corpomlion's init_ial agent for service.of process is: · · Andrcn.M\11011 1553.90 Lcg·endnry Drh'e Mnrenn \'alley, CA 92555 ARTICLE JY A This·corµomlion,is organizcd,and ·operated'exclllsively for climi1able puqi_oses within the meaningofSec;tion. 50!(c) (3), !ntcrnal·Revenuc Code. · B .. ·No,sub~tilntinl part oftl1e.activities:ofthis·coq1orutionsh~II consist of canyingon . propaganda, or. oiherwi'se·anempting to influence lcgislutioniilnd the·cof])btation shall not participate or in1~1venc in any political camraign (including tl1c publishing or distribution of statements) on beh,1lf of any cundidate for public ofticc. ARTICLEV The prope,1y nf this corporution'fs irrevocably.dedicnted to. charitable purposes:and.no. part of the ne\. inconie br assets of!his co_rporntion shall cver::!rute to the,benefit:ofnriy director"of}icer 01: men,bcr thereof or t.o the·benciii: of.any piivnte person. 1]fx:n the. aissolt1tion or winding.up of the co1Jioration, itrnssets remainingafter,imyment, or provision·forpayment, ofiill ~ebts-and liabilities ofthiscorporationshitlJ b~ disttibtitedto a.nonprofit fund, foundi)ticin or ccirpot'utiori · which i.s organized and operated exclusivety·fcir chnritrible purposes and which hus:estnlilishea· il~ tax exem'pt·sialus under Section SOl(c}(l), lnte,mal Reverrnc Code. Names and Signaturesofl'ncorporn1ors: ~-·~d Catherine Bry£~-~ 't?AA~ Elizabeth l\111ler J~~ ·I . Rlcger 695 CasE cv-01601JAB;K$C ··o;:icument 279 Filed 013/H ·pag~::Jftir141 _KOKOPELLI COMMUNITY WORKSHOP Bylaws of KOKOPELLI COMMUNITY WORKSHOP A California Public Benelit'Corporation ARTICLE I: OFFICES SECTION l. PRINCIPAL OF~'ICE The :pci1wipal ol'lice_of the corpon11'tcm Jar (he tnmsuction of. its husincss is located at 3745 Adam, .. Strect, Carlsbad in ihc County or S,in Diego, Cnlifornia. SECTION 2. CHANGE OF ADDRESS Jhe-county of the corporation's principal 11flice can be.changed only by mncndmcnl ·of lhcsc byh1ws and 1101 otherwise. SECTION 3, OTHER OFFICES The corporntion may in th·e fttture dcv.clop•officcs al such other places_, within·or withool'thc. S1111e ot'Cali fomia, where ir wiil be qoulilicd to do business, us:its bus_iness may require and as the b_oard cif directors mi1y designate. ARTICLE II PURPOSES SECTION 1. OBJECTIVES AND PURPOSES Kqkorclli Ct?mmu_·nity Workshop .Corp9~nlion is.orgunized cxclusivt:'ly .for cqril!nunil:y serviCe and cduci:ttional purposes .. including ror such purpose~,.:1he making of partnerships· with sister organizations·that qualiry-undcr·scction 50\(c)i.3) or the lntemul Revenue Code, or-uny cofresponding section oTatiy future feckrtll rnx code. The [)rimury obJcarivc., und ptlrposCs of this cori1or:ilio11 shall he: 10 prbv.idc the local ·san Dieg,, Cciunly commonily and extended Southern Californi11 community wiih ·a uniqoc communfty meeting Ji]uce, educational, and public workshop center. Kokopelli'Crnnnionity Workshop Co,'porafirni plans ta develop :in environment whertHn nny nuniber of public s.crv'ice: non-prollr and rclated·communiry::,;ervke.group~·ca1i meet wiih ~hc·public to oft"Cr; \cctums, workshops, cdu~aUon.i\ cb~se~; guided self-help groups, culturnl enrichme·nt expc·rienCes' .. ~cminars, .and ·politii..:nl or ~oc.in! discus$i6n group's. Kokope\\i Com111u11i1y'Workshop planned Community Center meeting buildi~g will he constrocted in the KOKOPELL.i° COMMUNITY WORKSHOP.-COAPOAAf10N 3745 Adema Stri:i9t, Carlibod Ciillfo;nla, 92008 696 I i of 141 non-profil and rch1ted c;onimuniLy st'.n;.icc-groups cnn meer with.the public ·w offe_r-~_kctqrcs, workshop,. cducmional clusscs,.guic!ed self-he_lp groups, cuhurnl cnrichmcn_t _e.x.1ieri~riccs, seminars, and politkal or soci>il.discussion groups. Kokopclli Community Woi'kslmp plunned C9mmunity Center mceting·buil4ing "!ill .be constructccl in the period r/0111 201'0' and 2013, in accordance with the various dmi:s or the projects receipt of unticip:ucd grmil f undiilg. Implementation or this project will provide un cmctive locution where severnl Community li;ork.1hop projects und concurrent project:s or sister NPO partners will be implc1i1en.1ed. SECTJON 2. FUTURE OBJECTIVES Kokopclli Community Workshop future. communit)' service projects 1,i.1\ include. but nbl be Jimitc<l to 1·he following: COMMUNIYERSITY MAGAZINE PROJECT: The purpose or this project is to familiarize. the c_ommunity with the many nOn-pmfit· pl:/hlic service classes, \\:'Ofkshc:ip_s. !-.Cmintm: nnd event ihformalinn which arc nvailublc through.Comn'lunit.y service resources, aqd 10 create more puhlic awnrcness of the many services availnb\c.10 the public through our non-profit partners in fhe locul ,\n·ct exiemled co,rinwnity. The free m:ignzinc will create a local resourcc·for t'rcc advcnising for beneficial community 1·cs.oµrce and serviGe progrnms, providipg-·a venue· in whieh ~ducmionnl t:ourscs, classc.i., sc_minars, worksh(lps und evcnis c,in he offered tci the public by public sci-vice agencid. This no fee for listing basis hits hecn-sclected ns policy for the ren"'" o/"cqualizing. uccessihility for n_l)fllerm1~ cdm.muniiy resources tq the:pu~lk with zcrtn:o_s!. To nrninltlin· high visibilitY wilh the public, monthly feature ar1icJes·wil1 sho\vcasC and interview 11011-prntit orgnni1.ation highlighting what they huve to offer the community. Alongside pcrsonnl interviews will he in·depthJu1icles On issue!-i of a tit)~e!ly ,~aturc, stic;h as t~c current issues such as the economic crisCs -lakcn One step fu11hcr-whnt m.embc_rs_ or lhc communi~y cnn dc:i ahou\ ir. Our focus.shall be o·n networking belwccn thc·pub\i·cf ilnd puhlic 11''leCtings 111,a discussioq groups implcmcntca for exploring ptllhs of community dcvclopnicnr nnd npl'ions, The main purpose of Communive"rsity Magazine _project is in.create incre:iscd .puhlic awareness or the muny \ocnlly·uvailab\c cmnmonity service-programs _and organizations by menns of ii:-ivC-!Hig"atjve joufnrilislic resenrch and i"nspinlli0ri1~\',l'e.Hture sldrics. As more public resources urc'identitied by ·communiversity Magazine volunteer .1tafi'. we will cmlcavono create incrcasccl uwnrencss ·in the·Cx.lcnded comnumity for their· use. The advuntage·or Lhe i10n-fcc ndvertiscmcnt in Commun!Versi,y M:ig,_nzinc wiJI l_1e1p·i11sl1re el1ual opportunity r~x all. COMMUNJTY WORKSHOP AQUAl;ON_lC MODEL FARM PROJECT will i111rlcmcn1 und operate a folly in1cgra1cd aquuptinic, organic, model form system at the pfonn_ed hc"mlqciartcrs location, using th~ uquu form model. Aqtmpt,nics is the co111bina1io11 or rccircula1ion uquacu]Lurc (F,_sh i'urming)·anclhydmponics·(growirig plhilts wiiboutsoil). The model farm will provide nn Cducationnl orgnnic·form wofKshop th~r '":'Iii re;~Ch wnrcf coliservut"i0n, hCaitliy Lirgi1nii; foqd pmductinn,. life.style .,usiainll~iliiy.:Foods,·suc.:h as-rarmccl ff~h. herbs, fruits 11nd vegetables, pro_ducc·d fro1i1·lhc Kokopclli:"f~rn1 p~oje~r~ilf.P~ cxclUsively used t~i :,:;~rve thc:nt!~d~ ·or undcrprivilegc·d individuuls and·fomili'cs ·\1l:ih<i·10Cul comirlunit.y. :\,i::;·: .. i:'.r- _Case 3:10-cv-0160ws~ksc· Document 279 Filed 6s,7i:3 (Paife93 of 141 PREDATORY LENDING HELP CLINIC will develop a special free heip·cHnic for victirns of predatory lending. 'f.he idea of.the clinic wift be 10 uliow families nnd individunls who mny be viclin1~ to be provided with non~pro"fit rcs_ources in :1 nor.i-cont1ic1 of inter~~t cnvironmen1; where traineircourisclors con help them understand all rhe.ir choices and .ultcrn:itivcs: and re.fer Lhem to variou·s.and oppropriu1c p:1nncr.organi2ntions for free or low cost legal assistance with HUD nnd· HOPE options nnd relntcd government progrU1i1s. nnd ll)OSI imponai1tly to help them review nil pr.ivmely offered resolutions. to-ensure the public. undcnannd.s exactly what is offere·<l b)' all the variou~ private ''1-lelp P~ograms'1, ·and Htc mudc awure all the. potcntinl adverse consequences of 1' .:,dvnnCc l'l!c-orcalive for~c·losurc rl!!;;Clle scheme!;" ·i·n frie.ndly a non-conflict of. interest environme::nl. SECTION l. NUMBER ARTICLE#3 DIRECTORS The corpprntion·shnl\ have not fcwcn}:latl(4) nor mo1:e illan (9) clirectors1 wirh:1hc exncr nomqe_r 10 he r.xed within these limits by upprovai of the board of di rec.tors or t_he members, if nny, in the manner provided by these bylttws. Collectively they shall be known ns-t!w board Qf directors. The number-may be chaiigcd:by amcndinent of this byl_aw, cir by repeal.of this bylaw mid adoption of n new bylaw, as provi<lccl in these bylaws. SECTION 2. POWERS Subject 10 the provisions of thc:Culil'mnia Nonprolit Public Benefit Corpnrntion-lnw und nny \imitatiOns in the articles of incorpormion:nn<l bylili.vs minting to tuition rcguircd oi" permitted lo be taken-~r approved by the lnernber~; if un"y, or"1his corporu1ion., the ac,tivi.tie~·und ~tffairS nf this corporation ~hal!'he cqnductcd nnd Hll corr.or.ate pow~rs shall be exercised by or un_dor the dirCction of the hoard of ~irCt-tors. SECTION 3. DUTIES it shall be ihc·duty of the directorsw: (a) ·Perform uny and .ullclutics. imposed on them collccti vcly or indi.v.idm1lly by law, by the unic\CS of incorporation of this corplmHion. _or by these hyluws; (b) Appoint nncl remove, employ llnd discharge; and. except us otherwise prnviiled in these bylaw.,, prescribe the duties anci !ix the compensmion. if any; or nil officers, ttgents, nnd cn,1ploycc·s Of "the c.orpOrat ion; (c) Supervise all officers, ugents,.,ind employees of the corporation to nssure thnt·their duties arc perfornicd proper! y; (d) Mee!. ut s-uch limes nnd places, n."-required by these bylaws:. 698 t~) Rcgisicr their addi",~sc~ viitll the s~crcrnr.y of !hi:! corp6riuiqn and·~otice_:-..of m_eeting~· mailed or telegraphed tti them at such.addresses shall be vt\lid noticcs·\hercof. SECTION 4. TERMS OF On'JCE Ench director shallhold office until the 3'" nnnuu!.mecting, when an election of the new bourd of dircCtor:, is held i\S spcci ficd ih these h,ilnws, ilnd·uniil his or her sL1ccussor"is· elcctcc:! and qualifies. SECTIONS. COMPENSATION All directors shall.serve without compensation except under any future circumstances tlrnt they ~hiill: be allowed r·cusohab!c udvnnccm~·m or i-cimhurscmcnt of 01:1t ~)f·pockct ex·p~nst':s in~urred ·iry thqierformance of their regulurcluties·ns spceilied in Section Tof this Article. Directors muy not be compensute,nor rendering servicesto the cbrporntion in. any capacity_ an less such. other compcnsntion is reasonable und is allowable under the pmvisicins of Sectitrn $ of this Article. Any payments· shall be approved in advance· in :iceord:incc with th.is corpormion's conllicl Qf interest po_lity. ns set forth in Article R:of th~.sc byluws.. · SECTION 6, RESTRICTIO!'I REGARDING INTERESTED DIRECTORS Not;,iirhstanding any biher provision of these byl11ws, not more than forty-nine percent \49%) of qic.pcrSons serv.ing.en tl~c bourd rn.ay b~ in~crC:!-ilcd pcrson:c., Pi;,r purpose;s Of this $cction, "irltcl-r:~t~d pcr.1;.qm::" mcan1' ei_thcr: (a) Any person currently being compenS1itcd by the.corporation for servic·es rendered.it within· the. previous twelve. (12) monihs, wliethcr as a °full-or·part-time ()!Ticer or-olhercmployec, in<lcr.endenl c6ntn:ic_tn1', or .01hcrwiSc; 0r (bj' Any brother~ sistcr1 ·ancc:-:tur, tlcsCcminnt, Spouse, brot~cr~i_n-Jt\W, sis.ter-in-lnw, son-in-law, dnughler-in-\aw. mother-in-law,:or futhcr-in~law of' any such person. SECTION 7. PLACE OF MEETINGS Mec1i11gs_shi1I! be h~ld i,t the. principnl orfice of the corporution unless mherwise ,pccially provided by the board or at such place within or without the State ot' California which has-been dcsig~l\lcd hy new rcso!u.tion of (he board of directors. In. lhc·absence. of: such designation, nny meeting not held ,u the principitl oflite or the corpormfon shall he. valid 'only if hclil on the prior consem by vote of al! dircc1ors given either he fore the meeting nnd recorded hy the secretary of the corporation or after nit bourd members have been given wrillen notice.of the. meeting us hercinurLcr provided for specinl. meetings oflhc hoard. Any meeting, re·gular or special, mt,y he specially held-by conforencc telephone, electronic video screen cornmunicntion, or" oJhcr communicntiqns·equipmcnt. Partidrt1t.ion inn mcc!ing through use of conf~rcncc IClephoril! constirutes presence in person.Hi thnt meeting SQ long ns all t.lircc,_nrs 699 partii:'ip;iting i_n "the mcer.ing nre able to hearnne another. Panic.ipation in a meetii,g"thrmig_h·usc o'r electronic.v.iden·~crcen Communicnlinn or Other co1iimunicutiohs ·etjt1ipmcnt (!)th.er l_hul1 con[i,rcncc telephone) conslitutes presence in pc,,cin at that meeting-if ,ill or the i'o\lowfng apply: 11) Euch'direcro,· pnrticipnting in 1\ic meeting can communicate w.ith all of the ·01hcr di'recto_r<· C0!1CUITC11l\y; b) Ench dircttor-i:s pmvided:th~ means o(par1icipa1ing in ,iii matters before th_e board, inch1ding, ,vithoul limi1a1ion, the capacity 10 propose, or 10. inierpose an objection to," spccinc. ·b.etion to he tnken by the. (;Orponition; ttnd d Thi;) corporation ndopls und implenient,c;·some mcnns of verifying I") !hut rlil person!-particip:Hing. in the meeting-arc director!-. oT the cnrpora1"ion or urc athen~.iise cnlftlcd to pur1icijn11c in the meeting. and 2) .that all Ul'lion~ ol",.or voles hy, the bonrcl nre taken nnd_ cast tmly by-dirccrors and not hy_pcr~ons who nre no! dirc·ctors. SECTION R. REGULAR.ANi) ANNUAL MEETINGS Regtilnrmccrings of.directors shall be.held on the first Sundt1y of the month nt· I PM, unless such ctuy-frills on.n legal holid11y, in which even! the regular meeting sh,1_\J'bc held a1 l\1c same hour nnd place on the next Sunday. If this c0rporntiori._ mu.kcs no ·provision-for mcmbcr5, then, ut the annw\l meeting of directors held o,i Sunday October 711' 20 I 0, new dircctors--shtill be c\ec1ed.by the boi1r<l of direc.1ors in accordance witlrthis section. ~umulativc·votii1g·hy dirottors for·thc election ol'dirl!ctorS shall not he pc11nittcd. The candidntes receiving.the higiicsl number or vol.es up to·the n.umber of directors 10 he elected shall be elected. Each dire·c,or shall ens, cine vmc, with. voting being by ballot only. SECTION 9. SPECIAL MI,l•:TINGS Speci,il meetings or the board ol' director.< may _be called by the chairperson or the board. the presii:lent1.the vice president. the-secretary. or hy any t,vo di.rectors, and i,:"uL·h mce1i11gs ·shull he held. al the place, within or without the St,1tc of California, desigoa.tcd by the,pcrson ·or persons cnlli.ng the me~ting, and in thC nhsencc:or_.such d~sigpmio_n, nuhc princip1)\ officG of the corpor.ition. SECTION 10. NOTICE OF MEETINGS Regular meetings of the hoard mny be held without notice. Spec in I meetings of the bonrd_shall be held upim four (4) days' notice by lirst-class muil or fony-cighl (48) houri' nolicc delivered per.sonnlly or·by emu ii, telephone or 1c\egrapli. I\' sent by.mail or'tclcgniph,the notice s\111\1 he dccm·cd 10· be delivered on its deposit in thc·rn,,ils or on. it.s delivery to-1he:rclcgrnph compan.y. SLich noliees shall .he 11tldrcsscli ·to «.:m:h .director ·nt his ()r her r~sidcnce Or email uddress ns sh9wn on Ille _books o\' the corpormion. Notice of the time and'place of holding un· adjourned meeting 700 Case 3:10-cv-01605.AS'.ksc · Document 279 Filed ow/13 .. Pa( of 141 need ·nm he.given mubscnt directors ii' the time nnd pluce of the adjourned meeting a1'e ltxed m the meeting udjourned und if s_lith ndjour,ne.d m~eting ;,·held no more thnn 1wcnty0four (24) hours from lhc tin\e of the originnl .meeting. Notice shall be.given al' any adjourned regular or ~pedal mccli_ng lp flirectors ubsenl from the originul mcciing if the wljoumcd mccting:.is. held more thnn twenty-four (24.) ·hours from the time of the original meeting. SECTION 11. CONTENTS OF NOTICE Notice of meetings not hcrcin.:dispcn.icd with shall .specify the pince, dny, nnd hour or the meeting. The puj-po.sc ol' any hoard meeting need not. be specified in the notice. SECTION 12. WAIVER OF NOTICE AND CONSENT TO HOLDING MEETINGS The transactions of nny meeting.of the board. however c1ifled und.notice,l or wherever held. nrc. ilS vnlit.l as thm1gh.1bc m~.eting had.been duly huld al"tcr proper ~all t1nd notice, prqvidcd i\ quonim, us hereinutier defined, is present and provided ihm either bei'ore .. or uftcnhc meeting cuch dircc1or-nol present signs a waiver of notice. u consent 10 holding.the meedng,-or nir approvul qf the 1nini.ltes \hereof. /\11 ~u.ch waivers, consent~. or. npproy:_1\S shilll be fil0d .with the corpomtc records.or made n.pnr1 ofthe·minutc·s of the meeting. SECTION 13. QUORUM FOR MEETINGS A quorum shall consist af Sixty (60%) percent of the Beard member directors-, Excep1 ·as otl\e1wise provided in the,e L,ylnws or iii 1\ie article, 61' incorporation ·ot' this c_o,:porntion,.or by luw, no business 1'iha_1I he considered by-Ltie hoard at any meeting._nt: ,1/hich u quorum, us·hereinuf1cr clelined, is.not· prese_ni. 11rid the oiily mo.iion which· the chuir..shalr cntcrtuin a1· si.Jch mecling is a motion lo l\djourn. However, a majtil"ity of the dircclor~ present" ,1t such meeting n:rny adjourn from-time to time um,il the time fixed ·fa~ thc·ncxt. rcgulnr meeting of-the hoard. When n meeting i!-ndjourned for lack of a quorum, i1 slial\-not be ncccssc1ry ro grve :iny no1ii.:e or the.iiine nod place of the adjoul'Oed meeting or of the business to he transi\eted ui such meeting, pl'hcr than hy imnminccmenl i11 the meeting at whit·h thc·_c1djoun1rncnt is. taken, except ii~ pr,ivided in Section Hi of this Arti'clo. T\1c directors present. nl u .Uu\y·tarletl and held meeting nt which _u qL1orum is initially-present mny crn:it_inl!e ·1o·do business 11~11withstal19ing t'hc loss of"[_\ quorum at the meeting due ton wilhdrawnl.O!'dire1,,;tors·from.the.1riec:ting1 provided thnt nny ncLion thcl'euner lakcn must· he apjirnved·hy nt least a majority or the rcq11ired quorum l'or such·mcc1ing-or .such greater pcic_eri1uge us mny·bc required hy lnw, or the urticlcs of incbrpornli'nn or bylaws of this c·o"rpor!ltiori. SECTION 14. MAJORITY ACTION AS Jl(}ARD ACTION 701 case3C10-cv-01605.AB-KSC Document 279 Filed0.)13 ."Page 97 of 141 Every t1ct or decisioff, done or mude by n mnjoti1y of the.directors present ;u n meeting duly held al which u quorum is present huhe.ncr df 1he Board of directors. unless lhc urtk\cs.-or incorpomlion or bylaws ol'this corporntion, or provision~ of the C,iliforniu NonprpfitPublic Benei)t Corpqtation Law, purticulnrly those J'Jr.nvisions reluting lo uppoiilt.rrn:nl of cori1miuees (Settion 521.2), ,ipprovnl of contracts or tri111.suctions in which" director has·u mali!riul tinahcia1 inlcrcsl (Section 5233), nnd indci1,nffication or directors (Section 5.238e), require a greater pcrcema~e pr different voling.rules fo(approvnl ofa matter by·1he bonrd. SECTION 15, CONDUCT OF MEETINGS Meetings ofthe board or directors shall he presided over by tf1e chairperson of 1he board, or, if no such.person has t,een·.c:o d·esign·ar~d or. in his or her absence, the presidcnl of'thc corporation or, in his or·her absence .. by the vice prcsidcn1 of 1hc corporution or, ·iri the absence of each or these persons. by·u chairperson cha.sen hy u·mnjority of the dircctors·present ar the mee1ing. The !-:ccrernry of thl! curporation .shall nc1.-as secretary of nil meetings or lht!·hoard, provided thut, in his oi her ;,bsencc, the presiding o!'Acer shall appoint another person to ac1 as secrewry of the meeting, Meetings ,.hall be governed br'Roben's Rules of Ordc.r" . t1s such rules mny he revised from li'illt! to lime, insofon1s suc:h·nilcs-are not inconsistent with Or in conflict whh thc~c bYl.riws, w·ilh the. t1rticles ol' incorporation of this corporation, or with provisions of law. SECTlbN 16. ACTION BY UNANIMOUS WRITTi,N CONSENT WITHOUT MEETING Af'y .aclioil required or pcrmill!,;!d to be taken by ·111c·hqnrd of directors unckr any provisil._111 (>I' luw may be taken wilhou(a mee1ing. if all members of 1110 board shall indivii1ua11y or colleciively cunsenl iii writing to o;uch action. For the purposes of lhh;"Scction only, "1111 ,ncmbcrs or·11ic board" shall not include any "interes1ed.director" as delined·.in Sec.lion 5233 oCthe California . Nonprofit. Public Benel1t Corporation Law, Such written consent or consents shall··be Hied with the minut_cs .of the pmccedings ol""thc board. Such ~1ction ·by .wrillen consent ·sha_l! 1 .. rnyc. the !-inrnt! forCc-ancl eF1'ec1 a.~ the unariiril()us vote Of thl!-dirt!ctors. _Aqy ccriilitlite or other docuil1cn1 filed under any prn".'isinn.oflnw which rclntcs to ntti"on so tnkcn shall ~ante that tht! action was t11kcn by ummimous wciuen consent of 1he t)onrd.of directors :without a meeting ,me! 1ha1 thc,bylaws of ·lhis clirpcirmiOn nuthorize 1he·dire·c1oi;S:to so act, -lind such statC.rncnt shall be·priri1a· foc:ie ·e~idence of..such. nuthorily · SECTION 17. VACANCIES V:.H.:uncics nn the hmml of dircc.:fors shall exist ( I) on the dcnth1 resignntion. or removal of any director, and (2) wh!!1icvcr the numhl:r of nuthorizcd•director."i ·i."i increllsed. The board of directors 111ay declare vucnnt 1he office of a dircc1or. who hns been dedarcd of unSountl mind by a !inn.I .order ol' coi1n1 or bc~n round by a linnl ordCr ot judgment or.1·ny court 10 ·hnl'e breached nny duty under Section ~230 and following pf the California Nonproli1 Pt1hlic Bent!nt Corporation Law . .1 702 If this·corporntion has any members. then, iHhe corporation hndcwcr thnn l'ifty (50) members. ·directors nrny he removed without cause by u n:Htiorily of all menib~rs. qr,.it" the corporation hns firty (50) nr more members, by vote of n majority ·or the ·v,\tes.rcprcscntetl at n membership meeting at which a qunrum is".presem. lf this corporntion ha!-no members, directors-may·bt! removed withnu1 cause hy :i majority of"thc directors then in office. Any <lirccto·r-muy· rc.1.ign crrcc1ive·upon giving wril\cn i'lcitice to lhe chnirpe·rson of the hoard, the president, the secretary1 or·1he board of directors,. unless.the notice spec.ifies u Inter.time. for the crfectivenei;,s-of sui;.h resignation. No dircctqr ·ma.y resign if the cprponnion would_theri be left \vi~h-out. a duly clcc:rcd director or directors in ch:irge nf its affairs. except upon nolicc to the attorney general. Vacancies. 01\ the hparcl may he li\lcc.l by tipprt)val of tht! bbard or, if Lhc numher pf dirc'ctor~ then in office is bs than •·quorum, by ( I J 1he u·nanimous written consenl or the directors then in o!'lice, ./2) the affir111n1ivc vote o.f a majority of the directors 1hen in office at a meeting .held pursunnl. to·noticc_ or wnivc(s or notice ~omplying with this Aniclc or 1.hcsc bylnw_~, o·r (3)" sqle rem~1ini11·g dir"eel(~r~ ff this c"orpor:.:ithm has·mcmhcrs1 however, vac1mcies crea1e·d by the rcmovnl of 1t director muy be lilied only by the upprovu1 of1he members .. Thc mc.111t1crs, if any, of1his corporn1ion may e1ecl u t1irec1or nt any time to fill any vacnncy 1101 lilied hy lhe directois. A Jierson clec1ed·10 !ill a vacancy"' provided by lhis Section shall hold ofRcc until the next cmmn:sl election of the bonrd ·of dircctni-s or unlil his or her dculh, rc~ign~1tinn, or removal: from oflice. SECTION IR. NONLIABILITY OF DIRECTORS No. off)cer or director (member) of this corp.orµtion shal.1 ·be personiil1y liable for the de.ots.or obligations of this corpora~ion of any nature whatsoever, nor shall any of t'he property of rho officers or directors (members) be subject to the payment of th~ debts or obligations of this corporation. SECTION 19, INDEMNfflCATlON BY CORPORATION OF DIRECTORS, OFFICERS, EMPLOYEES, ANO OTHJ<:R AG~:NTS To the extent thnt a pt:r."'on who i.", or was,a dircc1or, officc.r, employer:., or other agent of this co_rpon11io_n ha~ been successful _on the merits in qcfcnSc or·,my civiL crimi1lnl, adnlinistrn1ivc.:or invcs1igat"ivc proceeding broughl to procure a _judgmcnr 1lg,nins1 .such person hy·reuson .o.f tlrn fi:id thilr. he or she is.., or w11s1 an ugent of-the corporation. or. has been succc~sfu! in dcft::nsl!·of any clai"rn. isSue. or matter, th~rci11, su_ch p~rson ~lrnll he indemnified against expenses actually and reasom1hly incurred'hy the person in connccrion with such proceeding. If such person d1hcr settles nny st1ch ~lnim or ."iUSlains uju~lgmcnt ngninst hin1 or her, then incl~mni_ncntion agnin~t cxpen!.cs, judgment~. fines. scrth:mcnts, nnd oth~r amounts rcnsonnbly 703 CasE -cv-01605~8-KSC Docunierit 279 Filed ow11:ft?~1{99 of 141 incurred in i:onnecrion with such proceedings shall be provided hy this corporutit,n .. btii only 10 ·1hc extent ,illowcd by, and in ncconlance witl1 the rcquircmcm,-o(Scclion 5238-or·theCalifomia No11prot11 Pub\ic·Bencfit Corpnrn1ion Law. · S~:CTION 20, INSURANCE FOR CORPORATE AGENTS The hoi.Jrd nf"difCc101:s mny·adqpl a rcsolu"tiOn authoii?,fng the frnrcha.,e und·i111iintcl)anc_~-'of insurance on behalf o\' any <1gent of the corporntion ( including u director, oflicer; c1\ip\oyce, or other.agent or the corporation} against :,ny linhi\ity_ other thun for violuting·provi'sions of luw re\uting to self-dealing (Section 5233 of the Culi_fnrnia Nqppri,lit Public Bene Rt Corpori11icm Law) asscnetl against or incurri.:d by thc·agcnt in such capncitYor ilrising mit of.the agent's slntus ns suL'h, whctlrnr or not the corporntinn would hnvc the power to indcmnify·the ugC:Tit" agni"nst such liahility under 1he provisions nr Section 5238 of the Calil"ornin Nonprofit Pllhlic Benel1t Corporution Law. ARTICLE#4 OFFICERS SECTION 1. NUMBER OF OFFICERS The officers of the corporation shall be a president. or ciwirperson of the bourd. a vice president, a Recteta~y, and i.l chief' linandal Ofliccr Wiio shill! he dcsignnted the 1rC~1SUrcr. Any nun,ber Of of'nccs muy be held by the snmc person cxcep1.1hnt neither the secrc1ur-y nor the treasurer may serve as the president or chairperson or the hmin.1. SECTION 2. QUALIFTCA T!ON, ELECTION, AND TERM OF OF Fl CE Ahy person may scr,•e as UII ornccrofthis corporation. Officers.shall he.elected by-the board or directors, at.any time. ,ind each officer shall hold orticc LJntil h"c or she resigns. is-removed. or is oth~rwise clis.qu;~\ilicd LO serve, or until his or her succ.:essor ~hnll he elected und qt}nlilied, whichever occur!\ first. SECTION 3. SUBORDINATE OFFICERS The bo:.in.1 of directors may appoint such other officcr!;·or agcn1s as. it may c.lcem··dcsirablc, llnd su¢h officer.;. shall scrvc:spch 1ern1s,_l)nve SL1ch-aµthori'ty, nnd perform such duties as may be prescribed rrom time to time hy the board of directors. SECTION 4. REMOVAL AND RESIGNATION A_ny officennuy be r~J11O\1cd, either with or without l'HUSl!, by the bonrd of directors., nt uny time. Any officer may resign ill imy time by giving wri11en notice to the hoard of d_ircctor~.or to.the prcsitlcn1 or secretary of the corpor,nion. Any sttch resignation shall take elTeel at the date of r_cccipt of such notice or t!l uny later dr1!e. spcciticd therein, nnd, unless otherwise specified therein, the uccep1m1cc ~1f stich resignation sha\! not he ncces~nry to m.ikc it cffcct\Ve. The above 704 pnw,sinns of this Section shall he superseded hy 1my co110ic11ng terms c,f u contract which has been approved or 111tificd by the bo,ird or directois relating 10 the emp\oyme111 or uny ofliccr or the corporarion. SECTION 5. VACANCIES Any vacancy-causet.J hy the death, rcsignution, renuwul, disqualificution, or othcrw\1--e1 of uny olfa:er shull be filled hy the botircl of di1'ectors. In the c,;cnt of u vacancy in any omce other than thnt of president, such vucnncy rnny be lilied tempornrily by appointment by the-president until such time as !.he hourd shull fill the vuci,ncy .by election. VncmH.:it!s occurring in officCs of · ul'lieers appointed lll the discretion or the b,,ard may or 1irny not be filled as the board shall deirrmine::. SECT.JON 6. DUTIES OF PRESlllEN'l' The president shn'\1 he the chief executive orlieer of the corporation .nnd shnll,.subject to the control of·the h<1ard or directors. surervisc·ancl eomrol the ;tffoirs of 1he corporation ond the t1ctivi1ies of the.officers. He or she sluill perform all duties i'ncidenr to his-oi her office un<l such other duties. as miiy be re.quired by lnw, .. hy the uniclcs of_incnrporntion of tlii~ corponltiOn. or hy these bylaws, or which 111ny be prescribed fiom·1i111e 10 time.by the hoard or directors. He or she shall preside m 1,11 meetings or the boflrd of directors. If upp\icablc, the pr.esident shull presid~ nt all mcCtings.oflhe mc.mhcp;. Extept :is 01hcrwisc cxpressiy provided by law, by.the ul'iiclcs t~f incorporation·, or by these bylaws, he or she shall. in .1ht·11a111e of the corporntion. execute such decd$i, ll1t)1:lgl:.lgi!s1 bonds, con'trncts .. chccks. or othcl' inslrumcnt!-i which may From timc·to 1iml,! be authorized by the ho11rd of dircc1ors. SECTION 7. DUTIES OF VICE PRESIDENT In !he.absence of·thc prcslc.lcni, o'r in the cvcm Of l,i~ or her inabilit~ or refl\t-;til to-nett th!! vice president slrnll_pcrform "II the t.lutics oT lhc prcsidcot, and when so acting shall h"vc ;di the powers of.'antlbe .,uhjccrrn·all the rest"riclions 011, the \ircsidcnt. The vice president sh"I\ have other powers· :m<l perform suc:h other duties n.s mny be prescribed by· \aw. by lh~ articles of inc<1rporn1ion. cw by these hylnws, or as may he P.re~cribcd by the hoard of directors". SECTION N. DUTIES OF SECRI.TARY The ·secretary sh,11\: Certify "nd keep 1\1 lhe principal office of the corporation the nri~in,i'I or u cc.ipy ofi°hesc bylow, HS alltenc\cd or otherwise ahered tn dnte. Keep.at the principal office 9T the corpon,H_ion or 11t such olhe.r p!t,~e ns lhc:bonrd nrny de1~rrl1ine. :.i bol'lk of miilutc~ of all meelings of the dirCi.:tors,.imd, i Lttpplicab\"c, mecLings or c:ommilh!cs uf dirccrnrs und of members_, recording 1hcrci"n ·the time and ·place o(ho\ding. wl_,ether n;g~tlar or Ill 705 ! le . ca'i;'i,' 1:'io;cv~01605.B-KSC Docum~iw:zyg·• "i=iled 05.13 pa:aw:~~tN1i::i~,JJ)\i)li J tJ special, how called, how notice thcrcnfwas.given, the namcsuftho.se present or reprc.se1ited al 1hc 111eering, and lhe proceedings thereol'. Sec 1hR1 ~II no1ices arc dnly given in accordance wi1h 1he provisions of lhese hylnws or as required by law. Keep n1_ the princij)lli office ofthe corp9nitinn a membe~ship bUok cont•1ining ttJC-1)mim .. ,1nc.J nddrcss.of.ench nnd any 1rn:mher, uncl,. in the casc·whcrc an:(memhership has been tcm1\nmed, 1he secretary shnll record such rncl in the nicmbership hook togc1hcr with the·date rn1 which Sl!Ch membership c~nscd. Exhihit al all rc.nsonahle ti.mes 10 any dircclor of 1he corporntion, or 10 his or her ,igen1 or attorney, on request therefor, the bylaws: the membership honk, nnd the minutes o\'·the ·procecdings'of 1hc director~ of th_c corporation. Jn_~c.neruJ •. pcrform ull dutie:dncidcnt to.the office of.sccret,lry.aml such other dude!<i·US muy be ·required by law, by the m.,iicles of incorporation of th.is corporntion, or by these bylaws, or which may be 1issigned lo him 'or her from tinic to.lime by the ho:ird or d.ircclcirs. SEC"i'.JON 9. DUTIES OF TREASURER SLi~jec1 ·10 the provisions of thesc.hy.laws relating lo the "Execution or Instruments, Deposits, t\nd Funil.s," the ti.:asurcr shall,: · Have chnrg.e·ond. custody of, nnd be responsihfe..foi., all runcJs :ii1d securiiies of the .corpon,tion, and.deposit ull such funds. in lhc.nnmt! or lhC corporn1ion in Such.hanks, trusl cbm))anies, or othe"r d,epositories OS shall he in the l'ulure seieC!Cd by.the boa1·d of directors, Receivt!, and give receipt.f~r. ·11Jonics due und paynple to the.corpo_rntion frpm. any smirce whatsoever. Disburse, or c;ause to he Llis,burscd,.the funds·of the·corporation as mny'be directed by the board of directors; taking proper vouchers for such di,bursemenis. · Ke~p i1n~ muint3in udc.(Junte:imd c"c1rn;c\ 41ccQL!11ts of the corporniion's prop_enics a!ld ·husines:,; lrnn .... uctions_. including accounts of its as:scts, liahilities, receipts, disburs·cmt:nts, gains and losses. Exhibit at ull reasonable tfmes !he books of account. and financial n:::cords m any director of: the cbrf}oratioll, or 16 his or·hc·r t1gc!l1 .. or ultcirn"cy. on request lht!refor. Render 10 !he pre~ident ,1nd directors, whenever reque.sted, an accm1111 ohrny or nil of his or her transactions as-!re:isurcr anti of (he: firnmcinl condllion or tlu: cor.pura1ion. Prepare. or cause 10 be prcpnred, 11ml ccrtif"y, 11r cause ro he ccniriccl, lhc. financial s1a1cme111s Ill be.included in ;my reqt1ire·d reports:. II 706 ::'.'\ I i:. Case3:fo:6v-01605,.B-KSC Documeni 279 Filecl 05.1'3°r~:pi¥~:io2 of 141 In gcnernl,,perform al.I dmies incident to the office oftrensurerand such oiher dt11j~s.ns inny;be required by law,.by the articles orihcorpoi·ution ofthuorporaticin. m hy 11icsc hyliiws·, or which may be assigned to him or her from lime 1C1 time by the hofird-Or Uircctors. · SECTION JO; COMPENSATION The salnry ofnny advisor~ or consultnnls to the corpo.rntion, may be provided, how_Cv~r, tlrnl such compensnlion shall only be nlloweM\' pcrmi11ed under the. provisions of Article 3, Section (i .. of thc.sc bylaws. This »\!liry will rcnect services actunlly rendere.,Ho the.cwporation which rnlntc 111 1he pcrforninncc ·t1f thc·puhlic service purposes: of this corporation, nild shill I he approved in ndvancc in accordance with this corporalion's·,confiict ,,r interest policy. as set forth. in Article 8 of these bylaws. ARTICLE#S COMMITTEES SECT[ON:I. RXRCUTIVE.COMMJ'.ITEEOF THE .BOARD The· hoard of clii·cctors may, by a majority vote of clire.ctors,.designme two (2) or more of its members (who niny also be serving ns oftkers of this corporation) to constitute un executive committee.ot'the. hoard and delegate to such commillce any o(\he. powers· and nuthority·of the bour~I in the monugcmcnt ol' lhc business and Llffofr.i:: of the corpnrmion. excepl w\th respect tn: (a) The upproval of any action which, under law or the provisions riCthcse bylaws, requires the· approvul of the members or of a mµjorily of ull of the members. (Pl The filling or vacancies on the. board or on. any co1nmi11re that. has.the uuth.ority of the board. (c shall .have all of the powers and authority of the Board· of.Directors .in the. intervals between meetings of rhe Board·of Directors, subject to the direction and .control of the Board of Directors. · (d) The umcndmentor rcpc,1h1Fhyl'aw1.·or 1hc adoption of new hylaws. {l!) The amendment or repeal or nny resolu1ion of the bnmd which by ils express tenr1s is nn1 so amen<la.hle or repca\ahlc. (I) The appointment of comminees or the hoarJ or the memhcrs•thcrcoL (g) Tile approval of any tran.saction .. towhich this corporation is a party and in which one or more of lhc direc1or~ hns a materiul nnunciu\ interesl, c.xcep! us cxpi:esslY. pnwi1.k:d in s~ction 523J(ct)t3) or rhe California N,1nprolit'Public Bcncri1 Corporati6n Law. 12 707 Case By a mujoriiy vate·qf its n1embers then in llfl1ce, the·hoard 111,1y ur any time revoke.or modify any or all of the uuthnrity so·de\egntcd, increase or dcci·ensc but oorhe\ow two (2) lile nuniber of its members. ;md iill vacancit!S therein.from the members of the ·bonrd. The committee shn.11 keep regular min~\les qf it.~ prot;ccdings, ~~1U~e them to be fil(:tl. with tht: corporate records, and rcpon th~ stimt! to the. board from time to time ns the bourd 1rn1y rcLJuire. SECTION 2. OTHER COMMITrEES The corporation shall have such 01hcr cqmmirtees as n,ay from time.tu time be d~signuted.hy. rcsnlutinn nf the ho'nrd of dit'Cctlws. Such 01.her commit1c-es n1ny consist.of l?erson.S who arc not nlso meniben. of the bourd. Thes~ uddltionnJ··comrniuecs shull act in an advisory c~1pncity-011ly to the-bmm.l nnd sh.all be clearly titled as "ndvisory11 comminccs. SECTION 3_. MEETINGS AND ACTION OF COMMITTEES Meeting, unu action of commiltees shall he ·governed by. noticed, held. and taken in accmdance with the provisions ol' these bylaws ·concerning 111cetings or the board of di recto"', with such changc}.ii\ !he Context ofsuc;h hyh~w provisions us ure nccc~safy to ~u~stitulc the co~miuce an(! i1s. members for the bourd of dii·ecto'rs and iti:;'_mcmbcrs, except thiit the tii11c llir rCgulnr meetings or co111111i1tees may he. rixed hy resolution of the board of directors or by rhe con11ni11ee. The time for special meetings ol' co111m·i11ees may also he rixed hy the l]oarc\ bf direcrors. The hourd of directors may also adopt rules· and rcgu\Mions pertaining. to.the cbnduci or 1nce1ings of committees to the extent thnr Stich ruies and reJ;,tdali°on~·i.lr.c not inconsi~tcnr with (he provisions or the:sc bylaw;. ARTICLE/16 EXECUTION OF INSTRUMENTS, DEPOSITS, AND FUNl)S SECTION.I, gxECUTION OF INSTRUMENTS The hoard of directors, except ns otherwise provided in rhese bylnws, m11y by resolution tiuthori:Le nny·officer or agclit or lhe corporation 10 cn!er Into 'nn'j'contracl or execute and deliver any im,trumC:111 in thi.:: mnnc.or an~i on behal(or the corporation, ·and ~uch Ul!!hority may be gcncrnl or confined to speci~ic instances: Unle~s .~o m,llht)rizcd. no qf!iccr, agent, or employee shHll have any power or nuthority to bind the·corponition by any contrncr or engage me Ill or to plctlgi! its credit µr to render it liable moncturily for any pyrpose or in .tiny amounl. SECTION 2. cm:CKS AND NOTES Except. ns otherwise. speciflcafly determined by resolution .of' the board of directors. nr as olhcrwi!.c required by luw, checks, dntfl~. promissory notes, orders for lhe payment ol"moncy, unU other cvidenr;c or inc!cbtctlnc~s of the corporntiqn sh,ill be solely signed by the tn::nstm:r imd ,ilso countersigned by the president nfthe corporn1inn. SECTION 3. DEPOSITS I] 708 :!lii\!i!! :.\i( \,' \\;: i,:,, ,, /. • I Ii ,cl I l Case 3:lb-iv-0~~05,B-KSC Dotument:279 Filed 05,/13 , ~~[ tof 141 As.funds through grnnts hecornc avai\ah\e-thcy ·,Juill hc·dc.posited 1·ro111 time to time to the credit or the corporntion in such banks, trusr companies·, ·or·.oilicr depositories as the bourd or dircclors mny i-elcc,I in rhe fulme. · SECTION 4. GIFTS The board 11f directors may accept <)n beha\\° ~f:the coq,orniinn any conrriburion, girt, bequest. or devise for rhe ciimrnuniiy scrvicc'public bcn,nCpurposcs .of this corporation. ARTICJ.E:#7 CORPORATE.RECORDS, REPORTS, i\NDSEAL SECTION L MAINTENANCE OF CQRPOllATE RECORDS The. corpnrmion shall al all times ke~p-al irs principal office in the Swtc of Ca\iforniu: (ai Minutes or all meetings of directors, .committees of the hoard and, :i.f this-corporririon.hns members, of nll meetings of members. indicming the 1inic und pince of ho\ding·such meetings, whether n:i;uli,r nr special. how called, the notice given·, and the names of lhuse present und the. proceedings thereof; (b) Ad~quntc nnd correct, b,ookf;· and rccorcl!; or nccounr, ·including accounts of its. propcrticfi uhd bLI.siness trnnsaclions nncl nccqunt.'i. of its n.-.;.~eis1 liubi.li.ticS. receipts. dishurscn1ents, gains1 unr.l los!!eR~ (c) AJecord pf its members, ir any. indicating the ii· nu mes and addresses ,;n<l, if upplicnble. the -clns.<.of 111ep1bership-held by each member ancl the tenninution date. of any membership; (d) A copy·of.the corpori11ie1n·s articles. of incorporation and bylaws as a111encled to dme, which shul\ be open to in,pceti_on by the 111einbern: if ui\y', oh he corporation mull rcn,onnhle lirncs during office hours. SECTION 2. CORPORATE SEAL ,in rhc t"uturc 1hb bonrd otdift!ctors may'ncjopl; u.~c., and at will crei1lt! or alter,.a ½Orpo1•,1tc·scal. Such.seal shall be kept m thc.principul ot'ficc or tile corporari01r. Failure ro a(nx the-.scal to c·orpbrate·instrl;Jmerns. however, shall riot uft'cct the vnliclity of uny such instrument. SECTION 3, DIRECTORS' INSPECTION RIGHTS Every director slrn\\ h,,ve the nhsolutnight.at any rcas9nable time to inspect am\ copy a!J:1<ooks, records, and documents o(every kind nnd ro inspcci° ihe physical property of tiic e,irpnrniion. SECTION 4. MEMHERS' INSPECTION RIGHTS 14 709 ·ii:i ,J/ u i_l i' :: If 1his corporminn. in the future has any menibers. lhen ·each and every m~mber shall hove 1he following·inspectfon rights. for ri purpose reasonably rClatccf t6 such person·~ interest as a mc.mbl!r: · (a} To inspect.and ci>py the record or all members' na111es,. addrc.sses. and vo1ing rights, nt rcasonabltrtimes, upon five (5) business days' prior wfitten dC!mmU on lhc corporntion. which demand shall srnte the purpose for which 1he inspectiori.righ1s are rcqucs1cd. (h} T,1 ob1ain from tlie secretary of rhc corprn'ation, upon wri11cn dcinund und puyment oh, rcasonublc·charge, nn alphnhctlzcd list of the nui'ncs, iiddrc·ssCs, nncl voting righls of 1h0sc mcmhers t!ntitled 10 vtHc for 1hc cleclion of directors :1s.o"fthemost receni record Llute for which 1he lisi.has been ·compiled iir as of the date specir.ed by ·the member ·,ul)scquenr 10 the.dn1e of demand. The· demand shall s1aw·1hc purpose· for which th.e list .is reque.sted. The membership list shall be mncle uvailuble on-or before. 1he later.of ten (10) business duys aricr 1he dcrrum1I is ·received or after the date speciAcd therein as nl' which thdist is tn be compiled, (c) ,:-o inspect.et ·trnY reasonable tiine 1fre books, record.,, or minutes of proceedings nf the memtiers or of the board or .. committecs o.f ihe board, upon written demand·on the corporntion hy the memhCr, for u'_f.iurpusc ·rc;:Li;,onobry relutcd.to such .perSon's·intcrc?,;t_~·ns u member. SECTION 5. RIGHT TO COPY AND MAKE EXTRACTS Any inspection under thc·provisions ofthis·Articlc muy be made in pci·son or by agent or . ,ittorncy emjJloyecJ as tl legu!.cnnsul11mt by the r:;orpqration onc.J !"he r.ighl to ipspeclion inc·!udes the righ1 to cbpy and make extrac1s. ARTICLE #H CONFLICT OF iNTEREST AND COMPENSATION APPROVAL POLICIES SECTION I. PURPOSE OF CONFLICT OF INTEREST POLICY The purpose of this connit1 o!'in1ercs1 policy. is ro piolect this1ax-exer\tp1 corporation's in Iciest when. ii is contcrnplnting entering into a trunsuction or urrungcment thnr. might benefit tlie: privnl~ interest of Jin officer or clirecior .,ir the corporation.or any "disqualiticd person" us clelincd in Section 4958(f)(I) ol' 1hc lnlcrhnl Revenue Code und ·,is .a111plilicd.by Section 53.4958-3 of tl)C [R~ Rcgulntions mHI whic_h 11Jigh1 rcsull in u possible "excess benefit 1rnnsocUon·• as.delincd _in ·Section 4958(c)( I )(A) of Jhc lnteii1ul Rcvcmic·Co<le ai1d us ampli.lied by Section 53.49,58 of the IRS Rc.gula1ions. This policy is in1e11ded to supplement hut nm replucc liny npplicuble slate tincl federal lnws goveming contlic1 ofinierest npplicnblc to nonprofit and charitahle organi7.ations. SECTION 2. DEFINITIONS (n) lnlcres\cd Person. 15 710 i r i' Any" director •. pr:incipn! offfCJ:!r,. rn~mbi;r qf ~.Com.1.llillCc .w·i1h. govC'r!Jii'l"g hQarcJ dCfogaicd powCr:-;,. 01' nny other person who is tt "disqu,iiiticcJ:per,on'' ns·denncd in'se·cti,in' 49.58(1)(.1) or 11ie J'ntcmal Revenue Cq<lc nnd as amplified hy Section 53.4958.-Jnr'ihdRS Regulaiions, who has a direct c;ir il)dircct finnnci;il interest, os dcli"ned below, is·nn in1c/"Cs1cd pcrsOn. (h) Finuneiul ln1crcs1. A person.hus u financinl interest ifrhe person has. directly or·imlircctly, through-business. in,vl!s"ti11cnt, or fr1111_ily: (l) an ownership or investment interest in·,my entity with which the corporation has.a transact.ion .or arrangement, (·2·) n co111pcns,1tiort arm11gcmC11t With the curporntion or with ·any entity or i·11dividun_l witfr which the corporation has u trnnsm~tion or arrangcmcn!,.or (3) a. rotentinl ownership or investmenl interest in, Or com1lCnsaii9n tll"rnngcm~tll with, any Cntily or imlividual w.ith which the cbrpornti'on ii,; negotiflling a trnnsarlion or arrangement, Compensation "includcs.di"rect tind intlirect rcmunerarion as well a~ gi fls tir favors !hal nrc not insubslantiHI. A financial interest is not necessarily a cannier-or in re rest. Under Scctlon 3, pllrllgrnph h: a pci·son who has ,i Annncial· interesi tnl1Y J1nvc.,,1 c11nflic1 l1f interest only if 1hc appropriiltc governing hot1rd or crnnmit1t:tfdecides·tha1 u connict ofihlerest t!x"isls. SECTION·3. CONFLICT OF INTEREST AVOIDANCE PRODEDURES tu) Duly lo Di~c.:\nsc. In connec1ion-wi1h Hny net uni or possihle ·conflict. of in1crcsl. an interested person must diSr!bsc the exis1cnee of the financin!"intcrC;st_ and be given thc.oppoftunity 10 disclose ult nrnl~rial fa9ls to the directors and nicnibcrs of cnmmiltces wilh ·gnvcrnin_g hdnrd cJelegatecl powers considering the _proposed transuction.or 1.1rrangcn1cnr. (b') .Determining Whether il·C:6nl1ict oFfotcresi EXim. Aftcr.disclbsure of the 1inanCin\ in.tcrest nnd ·all matcirial fucts1 nnd rifler on~/ disn1ssio11 with the interested per:,;on, ht:/she sh;iil leave !he governing hnard or commilfce me·cl:ing while the det~rmin:11ion of u co_nllicr of interest is discussed. and voted upon. The remnining hoard-or committee members sh.all ·decide ii' U con11ic1 itl' interest cxi·sis, (c} Procedures for Addressing the Conflict of.lntcrc.,1. 16 711 ,;' ,- cliC01605.B-KSC ,, bocument 279 ·. Filed 05-13 Pagewa,~'\6fNifi;,, '!'i'{i \!1 An· intC.rcstcd per~on may n.rnki::-i1 pre.s'enllltion. at t~e ~Ov~rning ~o~rd or commi1tce l!'ecriqg~· bi1t u!'tc;··rhc·prcscnltllioi\ he/she shal! lcm'.C the mecting_duri'pg_ihe l~is~u~!'iion ot'. and !he vote on, th~-l;ansnction ·ur-arrnng_cn1cnt invo'!ving the possihlc ConflicJ. uf interest. The chairperson ·.or the go,•erning board tYn:Ommiuee sirnfr. if ;_1ppmpri~te, ap_poinl a disinterested pers_on or committee to iiwc!-.tig.ite ulr!.!rnalives tn the proposed tnmsactinn or nrrungcrncnl. After exercising ·due di!igenct:!, the gnvcrning boa rel or commiuee sh:i\l tl_ercnnine whether !he. cOrporaiion cun ohlain with rcasonnble.effons.a·mp.rc·ndvanb1geous trnnsac1ion or nrrnngement from ti.person or entity. that would not ~ivc ri~c to u i;onnict or intCre:-.1. Ir n more ndvuntngcQus rrnns,1ction or c1rrnngi;::melll" is not r~w,onnbly pos~ib!c Linder circumsl~ntu., nt.)t producing ·f1 cnn11ict of interest, the· g:ov!!rning bl1ard· or cdmmitte~ shnll determine by u nu1jority vnte nr 1hc disintcrcstcd·directcm:.·whc~hcr th!! mm~~ction, ·o_i· i • . t1rrnngement is in the corpo~ution's hest intere:lit., for it.~ 0\~1n be.n~titi and whe1hcr 11. is 1:ur nnd rernmnubk:, In conformity with th\.! ubt.~vc; detenninntiiJn·, it sh:.tll ninke its dccisioi1 ·,1s to whet.her lo.enter into the lrnnsaction or·arnmgcment. (<l) Violations of' the Conf\ict,.of Interest Policy .. lf (he governing bonrd or ~oinmittcc ]1lis rensonnh\c. caus~·IO believe. ii memh_cr has f~il~d 10. disclose actual or possible conllicts of interest, it shnll inrmm tbc member· al !he barn \or·such belief and nlford the member nn ,1pportunity to explain the. t\llcgcd failure to disclose. IC after hearing lhc mcmbcr'rre.sponsc:nnd after making·fi.1rthc.r investigntion·as "'.a.rranied hy the circumstances, the govcniing ~)ourd ?r cqmriiittc.C: dctermi'ne.~ the· mcmbc;r hu~ la1k.d ln (!isc\ose. an act I.la\ or possible c·onllict of interest! ii shull take upproprimc disciplinury anti .corrective action. SECTION 4, RECORns:oF BOARD AND·BOARD COMMITTEE PROCEEDJNGS The 1i1inute~ of rnce:t·ings of the governi1_1g b~n~rd m1cl UII committee.~ with board dclc£ated power~ slrnll conrain: 17 (a) The. n;1mc:s of lhc persons who distlosecl or otllcrwi~c w.crc found w· 1.rnvc a financial in!crcst in eonncction with nn nc!unl or possible: ·conflicr Qr inIere~1, the nature of the tinnnc;iul interesL •. any "ctian L:.ikcn 10 ~t:terminc·whcLher a eon!lii;:t or int~rcs! ~ns prcs~.nt. and the governing board's or committee's dc.:cision a.'> tl) whether a conl11c1.of 1n1crc:-t -in fact existed. (b) The m1i11c.~ of the pei·sfltfS who were present for discussions nnd votes relating 11~.1~,c: Irnm.action.or urrnng~mcn't. the content oftbc discussion, including tiny 11.ltcrnnt1:"l!:Yn.:~ the propbscd ~rrtnsnct.ion cir nrrangcrnl!nl, nnd·n rccord·of any vo{cs taken in co1111ect10n with the proceedings. 712 1 or 141 SECTION 5. COMPENSATION APPROVAL POLICIES A v,,ring member of ihe governing bonFtl who receives cornpensariun, directly or indirectly, from the corpcirntion forseri•.ices is precluded from voting on 1n111ters pertuining to thiit' member's compensation. A. vnting mcmhcr or nny committee whos.ejurisdiction indudes compcns,1tion mi.\llet·s 1111d who receives .compensation, directly or in<lircctly, from the corporation \'o(se.rvice~ is·precludetl from voting 611 inn1tci·s pcrwiiiing to lhnr ,nemhcr's rnmpcnsution. Nh voiin.g mcmb.er ohhe governing board or ;,;y committee whose jurisdktion ·1ncludcs eornrcnsution ,n:iucrs i111d who receives con,.pensntion, directly or indirectly, from the corpornlion. either individu11\ly or col!ec1ively. is prohibited from providing. information to any committee regarding compcn5ati0~. When arproYjng ~ompcnsl!titm tor directors, officers und employees, contructors. und any other c,)mpensmion c;:omract'or arrmi!,te1rn:.n1!.in addition 1o·crnl1plying with 1.hc con\lict. of in.tcrest rc·qui.re111en1s.imd poJic.ies i.:ontain·cd in.I he preceding a11d·'followihg,sct.:tions·or 1his urticlc.as well .a.st he p(cceding puragrnphs o(this sec.ti on of this nrticlc, the bolt rd or .rdp\y constituted ·componsa1ion·co1i1mi1teeof the board shut\ iilsn comply witli the foUbwing nddi.tionnl require111e11ts anti procedures: IK (u) the 1cm1s ol' compensation shall he l\pprovcd by the bonrd or co1iipe11iation commi11ee prior to the lirst payment. of compcnsniion. l.h) all me111hens of the board or c"mpcnsutim\ di111mi11ee who·apprcive.compensation nrmngcmcnt~·must no1 have a conlliCt of intcr~st with ~spcct lo the i:ompcnsuiion um11igenicn·1 us specined.in IRS Rcgulution Scctiqn 5J.4958-6(c)(iii) .. wl.iich gfncrnlly requires· that ench b0~1rd n:wmber or cnlnmittec member approving a compcns·mion . urrnngemcnt between this orgtmizution and u "disqunlifictl person" (as defined in Section 4958(l'J( \.) t1f the Internal Revenue Code 11nd· a< 11mplificd by Sec.tion 53..495.8-.1 of the ms Regulations): r. is not the person who b the subject of Cl)mpcnsntioi1 urrangcmcnr, or H fami]y member of sud, person; 2. is not in on employment rclntionship subject to the clirection or control of the person who is the suhjcct ot' c:ompensntion urfun.gcment ~. doc.snot receive compensalion or other: puyments subject tQ approv,d by the pen;on Wh6 is the sutijccrnf compc11sut.in~ c::1r:rnngemcn1. 4. flns no material f'ini.rnciul imcresl affCc.tCcLhy the compens~lli'on arrnngc~nent;·and 5. docs. not npproye·a frnn.sttclion proviiling economic benefils to the per.son who is lhc suhjecl or the compcns·ntiOil nrrnngcmcni, who in turn llaS api?rovCd nr wiq npprnvc a lrnnsnction proviUing bCnefi1s·10 the board or committee ml!nibl!r. 713 (c) the bourd or compensation committee shall obtain and.rely upo·n approprii1tc dat:rns to comparability pdor to approving the 1erms of coh1pcnsnti(in. Approprinte dnta :!'nay inclticfo the followitig: I. co111pcnsu1.ion levels paid by similarly .,i1uoted organi2ntfons, both taxHblc and tax-exempt, for rnnclionully c()mparnblc positions. "~imi\arly sii1,.1at~d" Drgunizn1ions arc those of a similar sizc·and purpose unt.1 with simihir resources 2. the nvuilnbility of similar services in the gcogrnphic arm1 oi' thi_s organization 3. cui°rcnt compensation Surveys compiled b}' inclepencl~nt !Trrns 4. actunl wrineo offer:,; from l\imilar instiru1ions competing for the services of the person who is ihc subject of the compe_n:wtion :irrnngc.menl. As allowed hy IRS Regulation 4958-'t,. if this organization hns nvcragc annual gross receipts (including contributions) !'or .its three prior tux ycu,·s or less.1h11n $ I million, the board·or c:ompensntion comrniucc will !wve obruir'lt:d and relied upon upprop"rintc darn as IO·comparahility if ii· obrnins and·rclic.s upon data on cornpensnrion paid by three co·mpanible orguni1.:11ions in rhc same or similur co111·1mmitics for similar ~erviccs; (d) the terms o!' compcnsmiort and the hnsis for approving them s.hull .he rcmrded in wrillcn minutes or the meeting of'll,e·bourCI (Jr comperisu1ion.con1mirrCe·thiJI npi>rovcd the compensation. Sucl1 clocumentation shull include: I. thC tcrnls of the compensu1iq11 un'lrngemcnl un·d the date it was approved 2. the members qf the bonrd or compensatio11 committee who were present dt1ring debate on the trnns1t"ct·iqn. those Who voted on it, und the votes cu$! by ci1ch hoard or·committee mcnihcr 3. the comparabiHry dn1il obtained and relied.upon nnd how the duta wus oh1:.ii.ned. 4. If lhc board t'lr compcnsntion commille~. deter.mines_ tha_l rcasnnublc compcnsa1ion for a specific.position in this orgnnizminn or for providing services under any other compcn.'iation-~lrrnnSe-mcnl with this.organization is higher-or lower thm1 the runge of compnrnhility data obtained, rhe board or.committee shall record ithhe minutes of the meeting the-basis !'or ils de.rerminmion, 5. If the board or commillee mi1kes.adjus1ment.s 10 comparnbility data due 10 geogrnphic an.:.·u or other".i_ipi'!cific conditiqns~ thc.'~c adjw,1mc1llS :111<.l lht:: rc·asons. for them sh:ill he recorded in the.minutes of·the board or cmnmittee 1111!cting. 6. any net ions tnkcn wii-h res·pect lo determining if u boun.J or committee member had u conflicl of interest with rCspccl fo lhc compenstllion arrnngemtmt, and _if' so, net ions tnkcn to mrike sure the member with the connict of intcre.'il did nm ;iffcct or part"i"ciputc in 1hc upprovnl of-the tnm~1.1ctioh (fbr example. a nLitution in thl! record~ 1har ufLcr a finding or connict or'intcrcs! hy a member, the member wi1h the conllil:t or intcre:st was asked 10. nnd ·did, leave the mccling_prim ton discussion 0_1'1he c;ompc1~sn1ion arrnngcmcn! nnd a taking.of the votes tn aj)provc tbe nrrangcme11t). 714 ! ! Case 3:10-cv-m6o5·~,B'.KSC Document 279 Fi'i1;d 05,i3 Page 110 of 141 7.. The minules·.or-bonrd·or· coinmiltee meetings nf whit:J1·ch'q~pe_11~atio11 nrrn:ngemcil!s.uj·c: apprnvl!d· must he.pre·pnred ·heJcfre'.ll~e h11~·r nf 1he,c.Jart:.of the 11exf.bourd or commille.c. meeting or 60.dtiys ufter. ihe.lin11I 11c1ions'of the bonrd or co1hmillee are 'taken with respect l1l the ajlnniv,.il or i11e cbmpen,:11ioi1 arrangements. The mimites must be reviewed and apprtived by the board Hn·d comrnillce tts reasonable, uccunnc. and ·complete -\Vi thin ·a· rcnsonabl"e p~riod thcre·a1'tcr1 n6nriully prior to or at the nCxt ~Oard qr ~oiml'\iitCc me~ting fo!loWing lin:il.aclii:m on the.nm1ngcmc111 hy the hoard or.commi\1ec. SECTION 6. ANNUAL STATEMENTS E_nch dir!:!clL?1 pl'incip.il ornce.r, and member or a commiu_ee witl~ governing board delegnted powers. shn11 annually sign u su11Cmcnt whlCh affirms such perso11: (n) lius 11!ceivecl (I copy of the conllicts o!' interest policy, (h) has read nnd ·unders!Hi1ds rhe:palicy, (ei has agreed Jo comply wilh the policy, und {u) unders11lnch{the corpo_rutfon i_s charil_able and in order 10 rnainluin ifs feder;.il_ 1:IX ex~mptioh il must engage pr-im,irily.in activities which nctC)mplish oi1e or more c,fits 1ux-exe;mp1 pur:poscs. SECTION 7. PERJODiC REVIEWS TO ch.,rnre thc-Coq,orntinn opcrnt~l-i in· a mnnncr consistent ,Vith Ch~ritnble puq)oS~i; and doe"i-;-not. engHge in uc1iv,ilies that could jcopurdize its tux-exempt status, periodic. reviews shall be conducted. Th~ pc!·i0dic·rcviews ~hql!1 i1t a minimun1, include the fol\owi1rn suhj~cts: lll) ·Whclhe1: to_mpcn~ution arrangement~ and henefils are reasonable, bm::ed 011 ·competenL survey ii1form111ion, and the result of arm's-length hargnining. (h) Whether pnrtncr.,hip.,, joint vcnt.ures, um! nrrnngemcn't.(j with munagement.orguni:1.atiuns c.:onform t.0-t.hi! corpornti'on'~ wt'iltcn policit::s, tire properly recorded. reflect reiisonnble inve~tmenr or pnymcn1s for goods wnd services, furtller chilrirnble purposes, nnd do no1· result in inmcmcnt. impennissihlc priviltc henctir. or in an cxce~s hcnefil 1rnnsactinn. SECTION 8. USE OF OUTSIDE EXPERTS When conducting the pl!riodic reviews os prm;idcd for.in Scc1ion 7. the" corpr.mllion may. hut. need ·not, u~e ouiside advisors. Ir outside expert., are used. their u~e shall nor relieve th~ ghvcming. hc;1~1rd of its rcs[)Onsibilily for ensuring periodic reviews a'rc conducted. ARTJCI.E#9 AMENDMENT OF BYLAWS 715 Cast SECTION 1. AMENDMENT Subject to uny provisioi1 of law applicable to the unicndii-,ent or bylaws of public benefit nonprolit corporntions. these. bylnws. ,,r ,11iy-of them. may be altered, ame1idcd, 6f rcpcnlcd nnd new bylaws ntloptcd ns fol lows: (a) Subject to the power or membcr.1,. i(an.y. to change orrcpenl these bylaws tfnde.r' Sectil1·n ·5150 ol' the Corporations Code. by appi-ov11I of the boitrd.rif directors unless the.bylaw r1111en<..lmenl woul_d materially i.md ·acJ.vcr~cly. affect the ri~hts of mcmh.ers, if uny, as.lo voting_ or rr•m.'-fcr, prm;idc:d. -however. ir this corpo(at.!9:n hu5 admittt:_d any" me1i1b_r.~rs •. tht:n a byla~ spcei fying or chnngin1rtlWi fixed nuinh~·r Of 41r"cctors oi: the corpotntibn, the· maximum or minimum 1Jt11nhr;r· of directors, or clrn,ni:inP. frqm a fixed 10 vnrillhle b0arU .or vicc.-versn1_nrny not be nd,1p1cd, :11nc11ded, or re.pealed e,cej,t as provided i1i-suh1inrngrnph (bfdl' this ~ection; or (bi By approvul of the 111c1i1bcrs, il',my: of this corporntion. ARTICLE#lO AMENDMENT OF ARTICLES SECTION J. AMENDMENT OF ARTICLES BEFORE ADMISSION OF MEMBERS Before any members hnve been adniitted to the corporatibn, any umentlmc:nt nfthe artklcs or incorJlorntion muy he udop1cd·by·upproval al' the board of directors. SECTION 2. AMENDMENT OF ARTICLES AFTER ADMISSION OF MEMBERS Afrer mi!mbcrs, if nny, hnvc ~Cen mlmittcd tO the.corporntlop.·amendment nfth.e arliclcs of . incorporation mny he aLlopted by the approval of the bourd of directors and by tlie approval ol ·1he mc·mbcrs of this corpnnuion. SECTION 3, CERTAIN AMENDMl~NTS No1withst,indi1ig the abo,;e sccti.rnfs or this Article, t~is corpoiatioh shull not amcna·its ·t1rticles or incorporation to alter ilny statement which appears in the original t1rlic!cs of incnrporutinn ~lf' the names· ;ind .addresses of 1he llrst directors of this corporntion, nor the 1rnme and.address of .1\s initial age·nt, cxc'ept to ~orrc.ct nn cfrnr In such stiHc!nL!nl ·or to delete such-srnte111cnl after the corpma1ion lrns fi!l!d n "Statement by a Domestic.Nm~prolir Corporntinn" pursuant 10 Section 6210 or the-C"lil·ornia Nonprolit Cnrporalion Lnw. ARTICLE II PROHlll!'l'lON AGAINST SHARING CORPORATE PROFITS AND ASSETS SECTION L PROHllllTION AGAINSTSHARlNG CORPORATE PROFl'fS AND ASSETS 716 i' ,,. '· .. No me in her; director, afficcr,,.eryiplqyee, o; oi,l1ci person. ~ohiicc/ed:llii\li this enf pomtion, or any pFivnte indiVi<lunl, s·hall receive aumy ti~ic.ntiy·9fthc:i"it!t cttrnini;_s or pe_cuniory pro.fk.from th·c opcnuio,is or the corporut.ion, providcd,.hnwevcr, thµi:this: pr.ovis_iqn,hnll no.t pre-vem nuymcnt to nny such peison ofreaso1\1iblc compc_n~niio'n-ror servite.~perforn1,,d ror the cnrpor~1io1i in cl'l'ecring any of its pltblic or clrnrirnblc.pttrposes, provided that such compensution is otherwise. pcrh1iued by these by\ay.,s· ni1d is fixed liy·resolution ofthe board of directors; and. no· Sl!ch · · person or persons slrnll be entiiled·to share i°i1 the distribution nl', an_d shall not receive; urjy of-the corporate assets on dissolution of the corporulion. All members, if.any,_ or the corporution shull. be deemed to have expressly consented and ngrccd thlll oh such dissolution or w.inding up·M the affairs of the corporation. whether voluntarily 01'.involu111t1rily. the-assets or 1he.eorpon11ion. after all debts have been satisfied, shall.be .distriputed as rc,1uirc<i by the·arLicles of incorpt>rntinn of this corporntion and liot othc°rwise, ARTICLE 12 MEMliEl~S SECTION l. DETERMINATION OF MEMllERS If this·corporution makes no·pmvision ror memb.ers, then, pursuant' 10 Section 53 fO(hj of-the. _NonproOt P,.1blic· Bene lit Coi·porntion Law of the.s1,11e or California, any adfon which. wbtild otherwise, under lnw or the provisions or the articlc"s of incorporation:or bylaws oCthis corporn1.ion. require approval by a majrnit.y of all members or ap_provu1 b_y"thc mcn-lhc-rs, shall only rc~uir~ the approval ol' the board ordircctors. 717 Case 3:10-cv-01605-1B-KSC Document 279-Filed 05/,13 Page 113 of 141 WRITIEN CbillSEl'{I' OF DIRECTORS ADOPTING BYLAWS We, the undersigned, are all of th¢pers6ns-na:med as-_ihe initial directors in the articles of incorporation of Kcikopclli' Coriiinunity Work~hop, a California nonprofit corporation, and, pursuant to the.authoriiy granted to the directors by tliese bylaws to take action by' unanimous written consent without a ineetiqg, conseni:to, and hereby do, adopt the foregoing b"ylaws, ·consisting.of twenty-three pages, as the bylaws rif this corporation. • · C:atherln_e Bryan a ili,-Board 374S Adams So,e~ Car bad"Califorrua 92008 ~~ L~ Vice President 507 S. Rios Ave.-Solana .. Bcach, California 92075 11.rv/)L, Andrea Mlllon;Trururer i.l3390 u:gcndary Drive, Moreno Vahey -925S5. ILtfJD/o~ Juhe Rdger; Secretary 2410 Jefferson St=~ Carlsbad California 92008 & 5@1 ~ -<' A P,ggy ~1.i1e1orCommunJcaUoos 24 lOJcfferson St Carlsbad, California 92008 CERTIFICATE This is.to certify-that the foregoing-is a true and correct copy·of the bylaws of the corporation named in thi: title thereto and.that such bylaws were duly adopted by the board of directors of said corporation on the date set forth _below. 7lJ_d;_%~ _ - , Secretary Julie Reiger 23 ENDORS,ED • FILED In loo ~timr= 8llle 718