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June 2009
We do not make jokes, we simply watch the LA Times, the Orange County Register and CID/HOA board of directors and report the facts
WHAT'S EATING CALIFORNIA LAW REVISION COMMISSION'S LAWYER BRIAN HEBERT?
Sacramento,
CA - June 9, 2009
To what lengths would Mr. Brian Hebert of the California Law Revision Commission resort to, to silence an advocate known to all homeowners? To what lengths would Brian Hebert go to, to use his position to strong arm people who speak out against the California Law Revision Commission?
What's eating Brian Hebert? Could it be this great quote from Donie Vanitzian, Common Interest Developments--Homeowners Guide (Thomson/West):
"Younger states, that reading the new, i.e. 1997 "Evidence Code Sections 1119 and 1122 to 1124 together, we find that a settlement agreement which does not meet all their requirements is inadmissible! This tends to remind one of the old adage that 'the life and property of no one are safe when the legislature is in session.' " [See Judge Eric E. Younger (Ret.) with Donald E. Bradley, Younger on California Motions, Section 30:2 (Thomson/West 2006).]
"Respectfully, it is this author's experience that if a statute section is unclear, yes, even to jurists, there's an excellent chance that the California Law Revision Commission had something to do with it. Responsible for wholesale disruption of entire sections of code, the
California Law Revision Commission's pedestrian approach and sloppy analysis, has resulted in serious consequences, if not countless dollars needlessly spent by consumers throughout this state.
Presently, the Law Revision Commission's most recent project includes the bastardization of Civil Code Sections 1350 through 1378 all under the guise of "[t]he Law Revision Commission recommends that the existing Davis-Stirling Common Interest Development Act be repealed and replaced with a new statute that continues the substance of existing law in a more user-friendly form." [See California Law Revision Commission, Study H-855, Statutory Clarification and Simplification of CID Law (Preliminary Part), MM07-24s2 (2007) (proposed repeal of the Davis-Stirling Act Civil Code Sections 1350 to 1378).]
"So too, in justifying the morass it created within the Evidence Code, the Law Revision Commission states it did so "[t]o accommodate a wide range of mediation styles, the definition is broad, without specific limitations on format." [See Evid. Code Section 1115 (Law Revision Commission Comments)]
Whatever that means. The Law Revision Commission continues to explain, "[t]he definition focuses on the nature of a proceeding, not its label. A proceeding may be a 'mediation' for purposes of this chapter, even though it is denominated differently . . . This definition of mediator encompasses not only the neutral person who takes the lead in conducting a mediation, but also any neutral who assists in the mediation, such as a case-developer, interpreter, or secretary. The definition focuses on a person's role, not the person's title." [See Evid. Code Section 1115 (Law Revision Commission Comments)]
In reading that ridiculousness, this author thinks back to the words of her Evidence professor, Justice Bernard Jefferson, author of the California Evidence Benchbook, saying "and?" Presently, the graveyards of repealed code sections caused by the Law Revision Commission's chainsaw approach in attempting to substantiate its grant money, have created inconsistencies and mass confusion for California consumers where none need exist.
"The Law Revision Commission is missing-in-action when consumers are before the bench struggling for statutory answers let alone interpretations, while at the same time attempting to respond to rapid fire questioning by short-tempered judges: "But where does it say THAT?"
A better idea would be to "repeal" the Law Revision Commission in totol and allocate the taxpayers money to a victim's fund consisting of citizens who were adversely affected by the Commission's statutory incompetence."
Just take a look at the waste Mr. Hebert caused by creating a **Memorandum bad mouthing Ms. Vanitzian. Was that libelous or slanderous? Mr. Hebert apparently sent that slop out on California Law Revision Commission letterhead and used an unrelated party's private email as his ruse or "justification" in creating the uncalled for Memorandum.
Nice try Mr. Hebert, but the desperation seems a little transparent don't you think? Ms. Vanitzian rightly "called you out." Then as if that wasn't bad enough, the US Mail was apparently used to send out another slop sheet to everyone on the CLRC's mail list - - any guess how much that cost the tax payers? Is it defamatory? Is that ALL that was done to stop this advocate? Was there also an attempt to cover up these actions? Hopefully, there will be more information to surface on this soon.
Does it look as if Mr. Hebert is using his position at the CLRC in an inappropriate manner? Was he intent on trying to protect some dastardly deed?
I urge everyone to write to Governor Arnold Schwarzenegger and ask that the State stop funding this agency using tax dollars. We do not want our money to fund this State-funded agency. The current economic climate also substantiates this necessity.- Ann Roth
**Out of respect for Ms. Vanitzian the link to the Memorandum was purposely omitted
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BRCI,
Solution to CA Budget Deficit - Do not leave
Sacramento Without it
CA,
The Golden State – For Lobbyists, Unless Chuck
DeVore is Elected?
The corps of lobbyists is California's third house –
Registered lobbyists outnumber lawmakers in Sacramento
8-to-1, then there are the government funded
unregistered lobbyists!
Working
to Serve, Or Serving To Work - Letter to OC Register
Columnist
Another good column. I was wondering if there was ever
any serious consideration to any non-union government
employee for the position of publicly elected Sheriff
by either the Register or Supervisors? That is all I
see in your Top Five selection and...
To
Destroy a Community, or to Destroy the Status
Quo?XThat is the Question in this Letter to the
Menifee SCCA Board of Directors
First of all I have no intentions or no desire to
destroy "our community". However, I must ask
you to please define what you think the community is,
what it is you think I am threatening to
destroy?Secondly, Sun City has been declared a
"blighted...
HOMEOWNER
ASSOCIATION TITLEHOLDERS ARE "HUMAN CAPITAL"
by D. Vanitzian(c) 2007 Donie VanitzianWhen criminal
liability is not charged against the
"criminals" in an association, then the
titleholders become the Human Capital used to fund the
criminal activities and wrongdoing.
HOMEOWNER
ASSOCIATIONS: A CLUB YOU DON'T WANT TO BELONG TO
This ain't no party! This ain't no disco! This ain't
no community!
Dare's
role in Pastures cost association $100,000
By BRENDAN J. LYONS, Senior writer First published:
Sunday, Times Union August 12, 2007. Republished with
permissionAugust 12, 2007 ALBANY -- An advocate for
the Historic Pastures Homeowners Association, which
lost more than $100,000 in...
HIRING
AN ATTORNEY CAN BE HAZARDOUS TO YOUR HEALTH LEGAL
BLACKMAIL--TAKING CLIENTS HOSTAGE- Q: How can you tell
when an attorney is lying? A. His lips are
moving.August 10, 2007 If California can place caps on
spending and caps on fees of various types of
businesses -- then it needs to put caps...
BRING
BACK GOVERNOR PETE WILSON
by Donie Vanitzian, JD(c) 2007 D. VanitzianYou can?t
have a good old boys and girls club without a little
help from friends in high places, of course, a little
help from California?s State Bar wouldn?t hurt either.
[FN1]Forget for a moment that the term...
SPENDING
OTHER PEOPLE?S MONEY by Donie Vanitzian, JDX(c) 2007
Vanitzian
I mean really! How difficult is it to spend other
people?s money? Cheech!! It?s a no brainer, especially
with no statutory accountability. "Hey man, it
ain't difficult" one board member tells me, he
says "no one gives s**t." He proceeds to
point to his...
"TWIN
RIVERS" = "TRIPLE PROBLEMS"
Note to the do-gooders whose glasses are corrupted by
the half-full half-empty circular-argument nonsense
and who want only to hear the good-of-it-all and
nothing too depressing, oh, and want only smiley ha-ha
journalism: Go grab your teddy bears and...
Lawyer
seeking condominiums' business goes over the line
Question: I manage a large condominium project in Los
Angeles. Unsolicited, an attorney sent me an
invitation to meet with him over lunch. He then phoned
me several times, including the day before the lunch,
explaining the purpose was to speak only with...
CONDOMINIUMS
ARE A GREAT INVESTMENT- FOR LAWYERS
About every two months I get a call, or a client comes
in to ask me about condominiums. It usually starts off
with, ?I bought this adorable little condo? and then
the upstairs neighbor had a flood?. And then the
Homeowners Association refused??
Paraphrasing
the LA Times on Defeat of SB670 & Wicked Twin
Witches of the West - SB 127 & AB-980
Taking a page out of the OC Register?s ?paraphrased
reporting?, an article written by LA Times staff
writer Diane Weder titled ?Bill to limit transfer fee
founders?, published appropriately on May 13, 2007,
quotes the president of the statewide Realtors...
Private
Transfer Tax - Good for the Common Interest
Development (HOA/CID) Industry or Good for the
Politicians?
When we received our copy of the report that the
California Association of Realtors (CAR) used to
Sponsor and help draft transfer fees, we were
confused. Given that Vanitzian has become an icon in
Sacrament (some say a thorn in the legislature's
side),...
Management
company's tape-recording tactic puts homeowners at
risk
Question: Because our management company has been sued
before, it has a policy of recording all incoming and
outgoing phone calls. Before a management employee
answers the phone, there is an automatic announcement
warning callers they are being recorded....
Of
Trial Lawyers, the AAJ and the Democratic Party
The National College of Advocacy and AAJ Education
maintain two distinct programs that recognize AAJ
lawyer member efforts in pursuit of advanced legal
learning and professional development?the Achievement
Recognition Program and Advanced Studies in Trial...
Laguna
Woods Village CC&Rs, What CC&Rs? I Got Your
CC&Rs Right Here!
Coto de Caza is not the only place where the board of
directors consistently either disregard the civil
code, governing documents (Covenants, Conditions and
Restrictions - CC&Rs) or even the moral code.
What
is better in HOA Management? Transparency and
Accountability or Feel Good?May 22, 2007
Mostly as a result of the Enron and Worldcom scandals,
the Sarbanes-Oxley Act of 2002 known as the Public
Company Accounting Reform and Investor Protection Act
of 2002 and commonly called SOX; was enacted to
provide business executives with less wiggle...
HOW
DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!X
This author asks WHERE ARE THE PENALTIES AGAINST
MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY
FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE
PASSING?
Two
of the Worst & Most Detrimental Laws to Hit
California are Sponsored by None Other than:
California Association of Realtors (R) The Gold is
Gone --No more gold in the Golden State!
Dear Governor Arnold Schwarzenegger,
SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please
listen to the people who support you and look to you
to help us! When you first began buying property in
California NO ONE told you what you could or could not
do...
THE
LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A
"WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563
It apparently does not matter that titleholders with a
vested interest in their property cannot get their
legislators to carry legislation to help US, but, they
can waste taxpayer funds by preventing the bills WE
WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY!
EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED
IT!!
So THIS is what the Senate calls an "Open
Meeting." How many Open Meetings have THEY been
to? Obviously not many. ROTFLMAO!
CAN
YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?
Owning, let alone living in an HOA is a tough JOB and
requires you be physically fit, possess a certain
sophistication of the processes, and have the
character let alone stamina, that allows you to be
persistent in a manner that indescribable to REAL...
HEY
GRAY PANTHERS! YOU GOT IT WRONG!
(c) D. Vanitzian
May 16, 2007The Gray Panthers are on record as
SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number
948. SHAME ON YOU. Where the heck are you getting your
information from?
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CAR
Coming off a most improbable but successful campaign
to defeat SB 670 author and HOA advocate Vanitizian
thanks supporters making a connection between the
quality of legislation being passed in Sacramento, and
the quality of life in most homeowners...
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