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Doesn’t it all make sense? If HOA payments are so important to the HOA why would they be refused at any time? Just how many people have lost their homes over this practice? CAI did not support Feldsott & Lee, or file a brief in appellate court. See Attorney Steven Roseman’s important CAI post: Accepting partial payments. Note – This site is filled with information. Note that it does not offer legal advice.
VICTORY! – The Fourth District Third Division agreed with the Appellate Division of the Superior Court! See decision below. This will save a lot of homes. If your HOA or management company is refusing payments waive the law in front of them. SEE BELOW. Even if they file a foreclosure action you can now save your home.
There are 31 files, weighing 20.5 MiB with 36,632 hits in total.
Displaying 1 to 20 of 31 files.
2015 - Another victory for the little guy. $30,000 in attorney fees - poof!
» 444.5 KiB - 833 hits - September 29, 2015
Keystone Pacific assessed me about $120 in fines and interest. Again, the association's providers caused this issue, and they would not take the blame. I refused to pay. I sued, in small claims and they counter sued - then they dropped that case. They sued me again and tried to get attorney fees. Erica Griffith of Keystone Pacific became BFF with James Harkins Esq. and was calling and emailing him almost daily about my case! What then did sweet Erica Griffth do? Then sweet little Erica thought she would simply place those charges for her 'legal consultations' on MY ledger so I could pay for her legal advice! Gee who's getting rich here off the backs of HOA owners? So anyway they sue me AGAIN in small claims. Judge rules against me. I know the law, I appealed. During the appeal, I get tired of all this and sue everybody for their bad deeds (that is the 17 defendant lawsuit). Judge allows the small claims appeal to be consolidated with my new unlimited lawsuit. He gives association chance to prove their case now in unlimited civil division. Just on small claims case James Harkins legal fees are about $30,000! Over a $120 issue! Keystone has written checks paying their friend James Harkins. As they say one hand shakes the other in this HOA business and Keystone and Harkins 'coincidentally' work together on the same HOAs. When the going get's tough.. the tough run like hell. When the Judge rules and found consolidation to be appropriate the association (most likely urged by Keystone and Harkins) decided it no longer wished to fight! (I guess someone was more comfortable ambushing me with attorney briefs in small claims court, then fighting a real fight) so they told the Judge they would dismiss. Well well well... like Wily Coyote Harkins sneaks into court and dismisses without prejudice! By law he has to dismiss forever... with prejudice. So, I was then forced to go through many months forcing them to dismiss with prejudice. Judge ruled today! I win, they lose. $30,000 in Harkins attorney fees POOF! Out the window! So, will James Harkins and Keystone pay this money back to my association? Can you believe Keystone authorized $30,000 to be spent in attorney fees over a $120 debt caused by the association? How does it 'really' work in this business? The poor owners in every HOA fund the lavish lifestyles of people like Stanly Feldsott, James Harkins and the owner of Keystone Pacific - Sharon L. Todd. That is my opinion. There are 9,000,000 HOA owners in California alone paying for the lavish lifestyles of these CAI associates who go to their 'awards ceremonies' about who took the most money this year from HOA owners.
Unfortunately the HOA business has turned into a racket. The service providers make 'fortunes' off of HOA owners. They know its a racket, and they all participate in the racket on the backs of HOA owners.
2015 - Complaint (Our Second Amended Complaint - 17 Defendants)
» 8.7 MiB - 2,616 hits - August 31, 2015
They sue us, they lose. They break the law. Now we sue them. Sue your Association, sue your directors, sue their lawyers, sue their collectors for all the misery they put you through. Here is our {proposed} second amended complaint against the following people: Huntington Continental, Rustan Laine, Myra Kuck, Stanly Feldsott, Tyler Jones, Jacqueline Pagano, Cary Treff, Erica Griffith, Rene Barger, Brittany Bennett, Arturo Chayra, Richard Barr, Diann Robertson, Keystone Pacific, James Harkins, the law firms etc.... If we all sue these people it may put these parasites out of business. Read the lawsuit - it will give you a good idea of how the servicers take lots of money from your HOA.
2015 - February Election Flyer! READ this flyer!
» 69.4 KiB - 785 hits - February 17, 2015
This is the annual general meeting election flyer. READ this flyer. It will educate you about this important election!
2015 - Owners attorney fees defending law War #1
» 281.8 KiB - 1,434 hits - February 21, 2015
As you can see these battles are no joke and you play with real money. Sam Walker is a hero. He saved the law for the 9,000,000 people (25% of California's population) that the HOA managers and attorneys were taking homes from illegally. People who could have kept them by making their assessment payments. The owners should go through association's records with fine tooth comb and see what this Association has paid Feldsott and Lee, and James Harkins in attorney fees. Apparently even when attorneys give bad advice, and don't follow the law, they get paid. Why? How much have the Directors paid these attorneys? This is just my opinion of course. Generally it's only the attorney who 'really' profits. And when you look at their payments they make HUGE paychecks from every association who will pay them!
2015 March 10 - Miner prevailing party with attorney fees
» 137.9 KiB - 1,416 hits - March 10, 2015
While this ruling is somewhat unclear to us what is clear is the Miner is prevailing party in entire action! Four years of life wasted over this! Attorney Sam Walker is a hero. So many homes will be saved by this ruling. Sam Walker beat Jacqueline Pagano and Feldsot Lee at their own game. My HOA lost a boat load of money because of bad advice from their own attorneys. This had NOTHING to do with my case. Feldsott's interest was to win this case so it could continue it's illegal acts of refusing payment. My opinion of course. It's appears they used my HOA's money to fight their battle: then lost. Who loses in the end? My HOA!
2015 NEW - owner sues Huntington Continental Town Home Association and it's directors
» 1.5 MiB - 1,595 hits - January 4, 2015
After years of alleged continued harassment, violations of the law, and negligence owner has been forced to sue his association. Read lawsuit filed against Huntington Continental and directors Rustan Laine and Myra Kuck. If you have experienced any of these same issues please contact the attorney. Named: HUNTINGTON CONTINENTAL TOWN HOUSE ASSOCIATION, RUSTAN LAINE, MYRA KUCK, KEYSTONE PACIFIC PROPERTY MANAGEMENT, CAREY TREFF, ARTURO CHAYRA, DIANN ROBERTSON, RICHARD BARR.
2015 Superior court Judgment AGAINST Huntington Continental
» 49.7 KiB - 1,145 hits - July 18, 2015
Judgment AGAINST Huntington Continental. With that said Feldsott and Lee, Stanley Feldsott, Jacqueline Pagano, and Tyler Jones were still paid even though it was found by Court the collection tactics were 100% unlawful.
Amicus Curiae by AARP HERA NHLP - supporting JM Trust - NEW!
» 511.3 KiB - 914 hits - June 14, 2014
This is the Amicus Curiae brief for appellate court by AARP, HERA and NHLP supporting and in favor of the law where associations are compelled to accept partial payments. However, bigger news is that CAI the association's, attorney's and manager's own association did not support this case and file a brief. Matter-of-fact an attorney writing for CAI wrote an article paraphrased "what's so bad about not accepting partial payments". My personal opinion that CAI did not even support Feldsott speaks volumes. We are in a debt of gratitude for those who have supported us through this nightmare.
Amicus Curiae CAHOA with overview - Huntington Continental vs. JM Trust - NEW!
» 337.8 KiB - 1,296 hits - May 2, 2014
This contains two documents from this organization. One is the Amicus Curiae asking for publication of the Huntington Continental decision and then a simple overview of how Collection attorneys "really work". We are humbled so many people have contacted over this issue. Please submit your brief to the court per their directions. Any application to file an amicus brief shall be filed no later than June 9, 2014.
Amicus Curiae letter supporting partial payment decision
» 306.2 KiB - 2,054 hits - February 8, 2014
An amicus curiae (literally "friend of the court") is someone who is not a party to a case who offers information that bears on the case. VERY IMPORTANT document that explains what HOA Boards and collections attorneys do. Read the truth of what has been taking place at the Huntington Continental and other HOAs in California.
Appeal Decision final 10/2014 - VICTORY! - NEW
» 158.6 KiB - 837 hits - October 14, 2014
Fourth District Division Three - final appellate decision. Partial payments must be accepted! Victory to 9,000,000 homeowners!
Argument to Appellate Court by Huntington Continental - NEW!
» 2.2 MiB - 1,749 hits - May 13, 2014
This is the brief filed by the Laguna Hills, California collection attorneys, Jacqueline Pagano and Stanley Feldsott. The brief sure looks pretty.. but the words, the facts and the laws are twisted and slanted far in their direction. Anyone wishing to support the cause should read this "respondent's brief" filed by Ms. Pagano. Unfortunately she (in our opinion) mis-characterizes the facts severely in her direction. For example, there was no payment plan. A simple letter was sent to the HOA, not even the attorney. No "attorney payment plan" existed and these are some of the key issues. For 17 years these attorneys have been refusing partial payments even though the law was clear.
Argument to Appellate Court by JM Trust (reply brief) - NEW!
» 532.4 KiB - 1,606 hits - June 8, 2014
This is our reply brief to the appellate court. It's just amazing that this would all have to be done because some attorney would not take your payment. Look at all the money that has been spent... first a trial, then appellate division of Superior Court, now full blown appellate court. It is so sad our legal system has become this way - we are fighting for the little guy. All the little guys who have had their homes taken when they could afford to make payments and some lawyer took their home over a few pennies. This is a good brief. 1365.1 of civil code is also crystal clear - after all you can't pay a disputed charge and go to court to dispute it if the attorney won't take your payment!
Argument to Appellate Court by JM Trust - NEW!
» 408.1 KiB - 1,252 hits - June 4, 2014
This is JM Trust opening brief in appellate court over 9,000,000 homeowners being able to make partial payments to keep assessment levels below $1800 so that anxious HOA collection attorneys can not foreclose.
Attorney fees in Small Claims Court for HOA
» 18.1 KiB - 1,184 hits - July 18, 2014
This associations newest weapon. Now this lovely group is attempting to claim attorney fees in small claims court. "attorney fees" is a generic term. Are they fees for representation, or consultation, or legal fees. There are distinct differences. See the Judges Bench Guide for Small Claims, Department of Consumer Affairs Small Claims Guide. Don't let some plaintiff bamboozle the court - small claims is about money damages. Anyone should question an award of attorney fees in Small Claims Court. Read The Small Claims Act beginning to end. [not legal advice]
Check images paid to the collection attorneys for this case
» 298.6 KiB - 2,288 hits - March 21, 2014
These are checks paid by the HOA - not the homeowner! Why are your dues high? This is just a hand-full of checks written to the collection attorneys Feldsott and Lee for the JM Trust case so far - the total at this point may be more than $40,000! This is AFTER I sent a check a paid the debt in full! It just goes to show you how stupid this really is. The amounts in total are probably triple this amount just for the HOA at this point. After an illness two years ago I hobbled into a HOA meeting. I gave a speech offering to settle the lawsuit and handed each of Directors a settlement letter. They did not even read the letter. The spectators clapped and met me outside. Don't ever underestimate the foolishness of your Board of Directors and how much money they will waste in your behalf. Note this is NOT even close to all the checks and payments they have made. Do you think they had a better place to spend this money? Now they want to take 9,000,000 HOA owners rights away. Just wait until you get your special assessment for legal fees!!!
Court refusing to de-certify decision
» 6.4 KiB - 1,132 hits - February 8, 2014
A collection attorney asked appeal court to de-certify decision. The Court promptly rejected their request.
DOWNLOAD THE PETITION!
» 96.1 KiB - 1,110 hits - February 23, 2014
Please! Help to protect your own rights! This 17 year battle has finally been won protecting YOUR rights to pay partial payments in times of crisis, unemployment, disaster, accident etc. - the petition will help to secure your rights to make partial payments. Please sign and deliver or mail.
Feldsott's request to move case to higher appellate court
» 400.1 KiB - 1,364 hits - February 17, 2014
After a panel of 3 Judges decided that you could make partial payments. Feldsott is trying to change the ruling. Of course the attorneys are not happy. The Board of Directors is supporting this by not stopping it!!! The goal is to take away your rights to make partial payments in times of personal catastrophe. Feldsott is being paid with your money, using you as standing, being supported by the Board of Directors, to take away your legal rights to make partial payments. Stand up and protect yourself! Tell your board of directors NO!
Gena Hanson against Pro Solutions moves forward - NEW
» 92.6 KiB - 1,564 hits - July 15, 2014
7/11/2014 Federal Judge denies motion to dismiss Gena Hanson case against Pro Solutions in HUGE class action that should make HOA collectors rattle in their boots. JM Trust case mentioned in the Federal Judge's decision about partial payments aspect.