Friday, December 19, 2008

My lawsuit against former HOA and Social Club

For those who haven't heard what this is about, here is a quick history of events. On Nov. 19, 2007 El Dorado's HOA had over $9,300 that they took from the preceeding HOA that raised all of the money. The bank allowed them to transfer this money because the older HOA was not active.The newer HOA gave that money ($7,500+ that was left after spending some) to the Social Club, claiming they were legally disolving the HOA. Raul Torres was on both "Boards" and was instrumental to the taking of this money. This was done in secret by a small group of individuals. On April 1, 2008 a new HOA was formed. This HOA now represents 169 dues paying residents. The Board of this new HOA decided not to sue the old HOA and Social Club for this misappropriated money. I took it upon myself to sue them. My lawyer said I had a 50/50 chance of winning. I and Gayle Washburn felt differently. I played up my lawyers guess and spead that around as my feeling. I knew they didn't owe ME the money, but I wanted to put up a fight so they would not get away with taking this money with no resistance. I can't imagine any court in America that would award me $7,500 personally for something like this. At best I should get $30.33, my share of the original $9,300 divided by the 302 space in the park. Well, I lost my claim, as I expected, but made a big impact on the defendants. They totally lost their cool and spent about $2,000 to defend against a case they could win without saying a word. Charles Richardson, the Social Club president, was their lead person in this defense. He had a lawyer as a witness (about $1,000) and paid for 9 subpeonas and a professional proccess server (only 1 witness ever spoke, the lawyer). Charles was shaking like a leaf at the courthouse, his cockiness was in retreat. The judge slapped him down early on by telling him to let the court handlle things and that he would not be calling witnesses like he thought. Charles thought he was running the show, like always, and got shot down right away! When the trial was over his followers congratulated him and slapped him on the back. They had no clue that they just wasted $2,000 on a case they had in the bag from the outset. This group still thinks they won?! They are now down to $5,500 of that money instead of $7,500 and that's a win? hehe

2 comments:

Tommy said...

That Skate park is RAD! I launched my Silverfish board with 65MM round wheels from the bowl! It was GNARLY DUDE! Then I did a flipkick from the rails into the bowl and smashed my spiffy spike and got a nasty road rash on my forehead! Then my Buddy got a Big Red Longboard rolling on yellow Zig Zags with Biltin Bearings on a pair of Randal Trucks launched to his mug causing some fancy stitch work to his face.What I want to know...Do we have a Lawsuit? and is the City is liable for fixing my doo? and my Buddy's face?or are parents liable for living their lives vicariously through us kids?Our Parents are PISSED!

Dave said...

Tommy,
When I was a kid we didn't even know there were lawyers. Now, they sue and win if they are burglarizing a place and get hurt doing it! I think, a coupla bandaids and you are good to go.