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Hello. Ive spent 22 months exposing criminal corruption in

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Hello. I've spent 22...
Hello. I've spent 22 months exposing criminal corruption in our Napa Condo HOA. I have
assembled, digitized 20 years of evidence - of criminal fraud, kickbacks and extortion, covering 20 years - to me personally on two occasions. I took evidence to Napa Police and DA personnel, and Napa County officials - all refuse to investigate for 18 months.

I learned recently that financial crimes against me are also covered by CA Welfare and Institution Codes #15600-15657. These codes state law enforcement must investigate. 3 months ago, I contacted and met with Napa County Adult Protective Services, who initially stated my claims of extortion are obvious and they would demand Napa Police investigate. This morning, the administrator for this department emailed and casually said he could not help. I have evidence to show the HOA lawyer, who schemed directs this conspiracy, is politically/financiall connected to persons within the city and county...

For many months, I've suspect corruption in the Napa Police department, and recently determined county officials also have an interest in protecting the criminal activity. I
believe I've stumbled upon a broad syndicate of criminals who prey upon unsuspecting HOAs.

I was advised to file a complaint with the City of Napa. I am now preparing those papers. I feel a lawsuit against Napa is my only solution, if I hope to save my home and drive the criminals out.

I need expedited assistance to prevent the foreclosure action, and then a firm to take on the larger issues. I have lived here 30 years and served as treasurer/director
in 1989-1991. I have a background in accounting and finance. I am most confident of
my documented evidence, my conclusions and reading of the various california codes.
I am without funds to hire a lawyer, however will assist with discovery and will provide
all documents.

My efforts to develop evidence and enlist police protection has consumed all my time since Sept. 2011 - it has rendered me penniless...my home is now in foreclosure. The CA Attorney General states local law enforcement must investigate. The suit against
Napa would be for financial and emotional costs related to their denial of protection
and fabricating excuses - provided to other agencies I made appeals - which diswade
their participation.
Submitted: 4 years ago.Category: Legal
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Answered in 1 hour by:
7/11/2013
Lawyer: CalAttorney2, Attorney replied 4 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your question today.

William B. Esq. :

After reviewing your question, I note that your issue appears to stem from improprieties amongst the board members of your HOA, using the power of the Association to conduct various illicit activity that has financially harmed you. You say that you have spoken with attorneys, but you did not identify any action regarding a cause of action directly against the HOA based on Davis-Stirling. Is that a possibility for you?

William B. Esq. :

As a follow up, if you are interested in pursuing the HOA, you can file a lawsuit for breach of the HOA's governing documents, an action for arbitrary and capricious enforcement, and the individual fraud and other claims you have identified. You can find more about how a Davis Stirling Act claim would work here: http://www.davis-stirling.com/MainIndex/ArbitraryCapricious/tabid/3203/Default.aspx#axzz2Ymb8a9Rs (That is one law firm's definition of this type of claim, and it has various helpful links within it as well).

William B. Esq. :

If you decide to pursue a claim against the various city and county entities you have identified, you may of course do that as well, however, I would recommend getting counsel to assist you. There are requirements to give the agency notice of the claim against them and the claimed dollar amount before you file. The causes of action you have against them also have very strong defenses to them as well (I am not telling you one way or the other as to how your case will go, but having an attorney represent you will help you overcome these legal defenses as they are all based on complex statutory regulations). If you are looking for an attorney, you can find a California attorney at calbar.org; Martindale Hubble; or AVVO. You do not need to retain a local attorney, but you will need someone that can represent you in Northern California.

Ask Your Own Legal Question
Lawyer: CalAttorney2, Attorney replied 4 years ago

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your question today.


After reviewing your question, I note that your issue appears to stem from improprieties amongst the board members of your HOA, using the power of the Association to conduct various illicit activity that has financially harmed you. You say that you have spoken with attorneys, but you did not identify any action regarding a cause of action directly against the HOA based on Davis-Stirling. Is that a possibility for you?


As a follow up, if you are interested in pursuing the HOA, you can file a lawsuit for breach of the HOA's governing documents, an action for arbitrary and capricious enforcement, and the individual fraud and other claims you have identified. You can find more about how a Davis Stirling Act claim would work here: http://www.davis-stirling.com/MainIndex/ArbitraryCapricious/tabid/3203/Default.aspx#axzz2Ymb8a9Rs (That is one law firm's definition of this type of claim, and it has various helpful links within it as well).


If you decide to pursue a claim against the various city and county entities you have identified, you may of course do that as well, however, I would recommend getting counsel to assist you. There are requirements to give the agency notice of the claim against them and the claimed dollar amount before you file. The causes of action you have against them also have very strong defenses to them as well (I am not telling you one way or the other as to how your case will go, but having an attorney represent you will help you overcome these legal defenses as they are all based on complex statutory regulations). If you are looking for an attorney, you can find a California attorney at calbar.org; Martindale Hubble; or AVVO. You do not need to retain a local attorney, but you will need someone that can represent you in Northern California.

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CalAttorney2
CalAttorney2
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Category: Legal
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