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NO THEY DIDN'T SAY THAT !
Researched Responses to Published Statements Made by Tehachapi City Officials.
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TEHACHAPI SYMPHONIC CHORUS AND ORCHESTRA CONCERT THIS SUNDAY.
FRAUD IS BEING PRACTICED ON YOU, IF YOU HEAR IT.
You've Got LOCAL FOLKS To Help Tehachapi Residents With Estate Planning.
Arab Saying: "Invite Them To Dinner -- But Tie Up Your Camel".
TO BE "FOREWARNED" ABOUT THIS GROUP - IS TO BE "FOREARMED".
I DON'T THINK THE SENIOR CENTER HAD ANY IDEA ABOUT THIS GROUP.
Thank You Tehachapi News For A Great Means of Conversation With Everyone.
Ever Noticed The $ ONE MILLION DOLLAR Star In The Street?
JASON CAUDLE LOOKED SO HOT IN HIS NEW BLACK HUMMER !
Relevant Parts of The Brown Act That Govern City Council Meetings-Part 3 of 3
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Someone told me last week that a local Female Attorney is telling the entire Tehachapi Community that SHE HAS TAKEN OVER THE LAW PRACTICE OF CRIMINAL TRIAL ATTORNEY, HARRY M. REYNOLDS, at 106 So. Robinson Street, Tehachapi, CA.  Attorney Reynolds has been a Local Attorney here in Tehachapi since 1976 -- that is OVER THIRTY (30) YEARS. 

Attorney Reynolds is a UCLA Law School Graduate, in whom you can entrust your very life.  (Reynolds formerly tried criminal law cases with Johnnie Cochran when he practiced criminal law during the early 1970s in Century City, of LA County).  Attorney Reynolds IS THAT GOOD.  Johnnie is dead.  So if you need a Criminal Trial Attorney, there is no one else but Harry Reynolds.  Plain and simple.  Attorney Reynolds first came to Tehachapi in 1976 and he never left.

I have personal knowledge and was also told that Attorney Reynolds WOULD NEVER hand over his criminal trial practice OF 35 YEARS to a local attorney with approximately thirteen (13) years experience and comes from  a  NON-ACCREDITED law school that is not accredited by the American Bar Assocation such as UCLA Law School is.   

Attorney Reynolds said that when peoples' LIVES AND FREEDOM are "on the line" that they want the best and want to be assured that the lawyer knows exactly what he or she is doing.  Graduating from UCLA Law School makes my Clients feel safe with me, stated Attorney Reynolds.  "If you were in my clients' shoes, you'd want the lawyer with the most experience coming from the best law school too", stated Reynolds.

I HAVE BEEN ADVISED THAT ANY CLAIM -- THAT A LOCAL ATTORNEY HAS TAKEN OVER THE LAW PRACTICE OF ATTORNEY REYNOLDS, IS FRAUD BEING PRACTICED ON YOU; AND YOU SHOULD BEWARE.

Any one making such a false claim DOES NOT have Attorney Reynolds' endorsement.  If Attorney Reynolds' practice was ever "taken over", it would not be by the local attorney who is now making the fraudulent claim.  

Attorney Reynolds also said that if and when he ever stopped practicing law, he would take out a full page ad in the newspaper, thank everyone for their 3 decades of support AND VERY CLEARLY TELL YOU WHO would be handling his practice so that there would be a seamless transition.

According to Attorney Reynolds, HE HAS NO PLANS of having anyone take over his practice in the near future.

PLEASE BEWARE.

 

 

 

Posted in these Groups:
Topics: law, Tehachapi, Beware, Fraudulent Claim
posted by paralegal39years on Sunday, October 28, 2007 at 07:18 PM
Permalink - Comments [7] - Leave a Comment - Report a Violation
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After all the facts are verified about the Orange County Estate Planner organization coming to Tehachapi on Monday, October 15, 2007, Tehachapi Senior Center, I hope you will recall that there are LOCAL lawyers and paralegals who assist in Living Trusts, Powers of Attorney re Health Care Decisions and Financial Decisions and Health Care Directives.  Guess what?!  You're reading the blog of one of those LOCAL LEGAL PROFESSIONALS who was formally educated about, and worked with, Living Trusts and estate planning for the past 30 years.

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Why on earth would you give some one in ORANGE COUNTY your FINANCIAL INFORMATION -- who has no office here -- you cannot trace --  they're all over the State of California and the United States -- and you won't be able to get ahold of them AFTER they have your MONEY for the annuity AND your private financial information?  Please -- Don't be careful.  

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Do you really, really, really, really, really think -- that Orange County folks are coming all the way to Tehachapi for a $399 Living Trust?  Yup!  Pigs fly too.

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I investigated this group because I DIDN'T WANT TO SEE LOCAL LEGAL PROFESSIONALS PAINTED WITH THE SAME "BROAD BRUSH" THAT COULD HARM US after these Orange County folks come in AND HARM YOU -- if you let them.  I heard from a Bakersfield friend of mine who just lost BOTH her parents this year -- and lost her Father about one month ago.  She wrote to say that HER PARENTS were victimized by THIS SAME GROUP.  At that time they called themselves "Ameri Financial" Legal Plan.  My friend looked up this group on the California Department of Insurance website.  Yup!  Same group.  My Friend also said that AmeriEstate Legal Plan, Inc. has so many different names they're registered under, that it's hard to keep track.  That's probably because they have to keep CHANGING NAMES so YOU can keep track of them or find them.

.

I'm sorry I caused my Friend to recall still more pain during this year of incredible loss for her.  I saw her tonight and she looks just great though.  She's a real trooper and was a wonderful, caring, doting Daugher during her parents' final years.  That's because she loved them so much; and it still pains her to recall that this same group took advantage of her parents; and therefore her inheritance as well.

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If you have estate planning needs, call my office or call anyone IN TOWN.  You can find us.  We've been here a long time.  THESE FOLKS that will be here at the Senior Center on Monday -- are coming into town FOR ONE DAY FOR 45 MINUTES!!!!!!!!!!!!!!!!!!!!!!  

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LOCAL FOLKS.  That's where you'll find persons who have YOUR interest at heart.  DON'T LET THESE ORANGE COUNTY FOLKS AT THE SENIOR CENTER ON MONDAY SELL YOU AN ANNUITY that you can't use for another 20 years.  You'll be how old by then?  Also, PLEASE don't give them any financial information.  If they tell you that THE DISCOUNT OR DEAL ONLY APPLIES FOR TODAY -- then WALK AWAY.  They're going to put the "full court press" on you.  Wanna bet?

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Remember THEY ARE PROFESSIONALLY TRAINED in the art of "parting you from your money".  Just watch them on Monday.  They'll be smooth as silk.  I just can't wait to see how long it will take for their discussion to shift from Living Trusts -- to Annuities!  I'll bet they'll shift the focus of the presentation to Annuities -- in about -- 15 minutes.  No -- 10 minutes.    Arab Saying:  "Invite them to dinner -- but tie up your camel."

 

Posted in these Groups:
Topics: Tehachapi, AmeriEstate Legal Plan, Inc., Alpha Omega Family Services
posted by paralegal39years on Wednesday, October 10, 2007 at 10:20 PM
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This is the email I just sent to the small town of Amador, where THE SAME Estate Planning Seminar will be held by THE SAME group on Thurs., Oct. 11, 2007.

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Dear Amador Ledger Dispatch Editor:
Barb Holmes Reynolds, Certified Paralegal for 40 years in the small town of Tehachapi, County of Kern, California,  here.  Tehachapi is a small town such as Amador, which is why I'm writing you concerning what is about to happen in both our towns.
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The SAME Estate Planning Seminar that will be in your small town on Thursday, October 11, 2007 -- will be in the small town of Tehachapi on Monday, October 15, 2007 to speak to elders at the Tehachapi Senior Center.  This seminar will also be presented in Bakersfield, California on the evening of Monday, October 15, 2007 -- and the group is very, very bad news for Seniors.  They ARE NOT what they appear to be.  They're far worse as you will glean below.
 .
My legal research has revealed that Alpha Omega Family -- representing AmeriEstate Legal Plan, Inc. is a fraud; and you should VERIFY my evidence for yourself so that you can warn administrators at the Senior Center -- who likely don't have a clue about what is about to take place in your small town.  They are about to be "ripped off".
 .
The lightening thought struck me:  "Why are rich folk from the City of Costa Mesa, County of Orange, California coming to Tehachapi where the train still goes through the middle of town"?  I stopped short of calling them "Carpet-baggers".
 .
I noted the syllabus on your newspaper's website of the upcoming event in your town and copied the language below that was published in your newspaper.
 .
The Estate Planning Seminar to be held on Thursday, October 11, 2007 in your town by ALPHA OMEGA FAMILY SERVICES -- REPRESENTING "AMERIESTATE LEGAL PLAN, INC." -- is a fraud according to my investigation; and the infrastructure of the operation reaches to the top of some of the largest insurance companies in California (that have also been socked with injunctions, but opt to disregard them for the larger reward of senior citizens' life savings.)
 .
According to San Francisco Public Interest Attorney Louise H. Renne (representing California Advocates for Nursing Home Reform), AmeriEstate Legal Plan, Inc.'s fraudulent pretense is to introduce your citizens to Living Trusts; but their ulterior motive is to coerce SENIOR CITIZENS into divesting their savings, equity in their homes, etc. AND placing those liquid funds into annuities that Seniors are coerced into buying AFTER their Living Trust is completed by Alpha Omega Family Services.
What is not told to the SENIOR CITIZENS is that the Annuities don't mature for another 15 YEARS wherein most senior citizens are too old to enjoy it.  Moreover, if they withdraw early, then they're severely penalized -- while Alpha Omega Family Services -- the front for -- Ameriestate Legal Plan, Inc. walks off leaving your small town citizens high and dry and they will have received enormous commissions and fees.  The real "rip-off" doesn't come at the 45 minute to an hour presentation -- it comes after this  organization has received Seniors' FINANCIAL INFORMATION and then innundate the Seniors with phone calls, prolific letter writing, until the Senior just gives in.
 .
The organization KNOWS that Seniors are vulnerable which is why they are the TARGET GROUP.
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AMADOR NEWSPAPER ARTICLE:
 
"Jackson

Free estate planning event

Alpha Omega Family Services will hold an estate planning seminar on Tuesday, Oct. 11 at 10 to 11:15 a.m. at Elks Lodge #2426, 12500 Kennedy Flat Road. The seminar will discuss how to keep your affairs private and out of the courts, the danger of joint tenancy, how to reduce or eliminate estate taxes, guardianship issues for your children, provisions for your grandchildren, retirement and tax planning and what happens if you do not have a Living Trust. Married couples are encouraged to attend together. Reservations are recommended and can be made by calling (800) 350-6376."
 .
Your publication says nearly verbatim, what the flyer says that was distributed in Tehachapi and likely in Bakersfield.
 .
When I could find NOTHING on Alpha Omega Family Services, then I began investigating the organization who they publicly espouse to represent:  AmeriEstate Legal Plan, Inc.  (If anyone should have heard about them, it's I.  I've been in these parts for the past 25 years).  Then, is when I found the lawsuits, the Better Business Bureau's negative reports that reach from California to Pennsylvania.  
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You must read the ATTACHED lawsuit by San Francisco Public Interest Attorney Louise H. Renne on behalf of California Advocates for Nursing Reform against AmeriEstate Legal Plan, Inc. and other defendants.  Defendants are a multi-million dollar annual business that targets Senior Citizens.
 .
The lawsuit sets forth a thorough explanation of AmeriEstate's target audience (Senior Citizens) and how the scam runs its course.  It's interesting read.
 .
The Tehachapi Senior Center probably knows absolutely nothing about this organization, except that Alpha Omega Family Services representing AmeriEstate Legal Plan, Inc. agreed to donate a portion of each living trust to the senior organization; and that was enough to get them an audience before your town's senior citizens.  You have to uncover the real motives of Alpha Omega Family Services representing AmeriEstate Legal Plan, Inc.
 .
The headquarters of AmeriEstate Legal Plan, Inc. is Costa Mesa, California, with offices through the United States.  Why is this SLICK, UNKNOWN ORGANIZATION coming to Small Town of Tehachapi (where the train still runs through the middle of town?)  It's easy to get in and scam and get out before country folk will know what hit them; and most rural seniors would be too ashamed to tell what had happened to them.
PLEASE VERIFY WHAT I'M TELLING YOU.  Don't just take my word for anything -- rather, verify what I'm saying, by going to:  
http://www.canhr.org/news/T... and find out about these guys for yourself.  Also go to www.publicinterestgroup.com and contact Attorney Renne for yourself. 
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The Renne law firm is one of the largest in the State of California.  They do not just file lawsuits against some of the largest organizations in the nation -- unless there is a very good reason.  These big guys have "their ducks lined up" to sue BEFORE they file their lawsuit.  Hence, they had the persuasive information they needed to sue AmeriEstate Legal Plan, Inc.
I'm going to Blog an article in the TehachapiNews.com's webpage and contact the Editor and General Manager of the Tehachapi News  in the hopes that every senior and relative will view it before attending the seminar so that they will be on guard.  From informational sources, these business exist to commit Elder Abuse.  Without engaging in Elder Abuse, this multi-million dollar annual business doesn't make their hefty commissions, fees and profits.
I plan to be at the event on Monday from 3:00 to 4:15 pm and will watch how the discussions shifts from legal trusts TO ANNUITIES -- where the real money is and why they have come to Tehachapi and Bakersfield.
 .
I'm also emailing my good friends, Jazz McKay, Ralph Bailey and Preston Nash at KNZR Radio in Bakersfield because the same scam artists will be in Bakersfield on Monday, October 15, 2007 at Marie Callenders Restaurant, 3801 California Avenue, Bakersfield -- and they need to conduct the same investigation herein and advise their listening audience accordingly.  When the presenters start talking about ANNUITIES, you will know that their agenda is NOT a Living Trust (for $399) but rather the greater monies of commissions and fees that they receive by forcing Senior Citizens to buy annuities they can't use in their lifetimes.   The organization charges $399 because so long as their preparation of the living trust is LESS THAN $400 then their OVERALL SCAM of False and Misleading Advertising will not find them with an additional scam for living trusts. 
I will also email you on the email that I'm about to send to San Francisco Attorney Louise H. Renne to find out the current status of the case and whether or not they were successful in gaining injunctions against AmeriEstate Legal Plan, Inc.  The flyer announcing that this scam organization was coming to Tehachapi and Bakersfield next week was an INSERT the color of mustard yellow that was in today's edition of the Tehachapi News.  I'm certain that such a similar insert was in the Bakersfield Californian.    NO ONE HAD A CLUE ABOUT THIS GROUP, except that the group claims they want to help the residents of Tehachapi. 
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I'm just naturally nosey and wanted to know WHO they are and WHERE they come from?  When my research told me that they are from Costa Mesa and Irvine in Orange County, I couldn't help but think:  why are they coming from Orange County into Tehachapi where the train still goes through the middle of town to talk with Seniors at the Senior Center?
 .
This group is bad news for your fair city; and you will spend millions trying to catch up with them once they have run their scam.  They're all over the United States; and the victory goes to the one who investigates BEFORE letting these nefarious organizations into their town.  There's an Arab saying:  "Invite Them To Dinner -- But Tie Up Your Camel".
 
Posted in these Groups:
Topics: Tehachapi, Estate Planning, AmeriEstate Legal Plan, Inc., Alpha Omega Family Services
posted by paralegal39years on Wednesday, October 10, 2007 at 12:49 AM
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The following are public official comments concerning AmeriEstate Legal Plan, Inc. doing business as Alpha Omega Family Services that will be in Tehachapi on Monday, October 15, 2007 at the Senior Center from 3:00 pm to 4:15 pm.
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The thought was striking -- why are rich folks from Orange County coming all the way to Tehachapi where the train still goes through the middle of town? 
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The folliwng are published statements concerning the group coming to Tehachapi on Monday, Oct. 15, 2007:
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"AmeriEstate was fined for violations of Pennsylvania's Consumer Protection Law by the Pennsylvania Attorney General in 2003. Estate Preservation, Inc. was the subject of a 2002 California Department of Insurance action alleging fraudulent business practices. Gentry Group, Inc. was the subject of enforcement actions by the Federal Trade Commission in 1997, the Attorney General of Oregon in 2001, and the California Department of Corporations in 2004 alleging deceptive trade practices."
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(NOTE: AmeriEstate Legal Plan, Inc. – that began a few short years ago in 1999 -- has enjoyed phenomenal growth – and is currently located in Costa Mesa, CA; Irvine, CA; Pittsburgh, PA; Dallas, TX; Indianapolis, IN; Atlanta, GA; Virginia Beach, VA; Nashville, TN and Phoenix, AZ.)
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The plaintiffs are represented by Morgan, Lewis & Bockius LLP and by Renne Sloan Holtzman & Sakai, LLP.
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The companies, American Equity Investment Life Insurance Company, based in Iowa; American Investment Life Insurance Company, based in Kansas; AmeriEstate Legal Plan, Inc., based in Irvine, CA; Estate Preservation, Inc., based in El Segundo, CA; and Gentry Group, Inc., based in Texas, are charged with elder abuse, false advertising, and violating California's Unfair Business Practices law by selling annuities with severe tax penalties, exorbitant surrender charges, and long maturation dates to senior citizens."
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"Unless you have a life expectancy of 110, buying an annuity at age 70 or 80 is not a good idea," said David Werdegar, M.D., President and CEO of the Institute on Aging. "These so-called estate planning companies are, we believe, misrepresenting the nature of the services they are providing. We are joining others to tell them they are not going to get away with it any longer."        & nbsp;       &n bsp;       &nb sp;       &nbs p;         ;                 & nbsp;       &n bsp;       &nb sp;       &nbs p;         ;               
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"We believe that these companies are in the business of elder abuse, it's that simple," said Patricia McGinnis, Executive Director of CANHR. "They trick vulnerable people into acting against their own best interests. It is not only unconscionable, it is illegal, and we think the time has come for the courts to act."
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"We want to alert seniors not to attend living trust seminars without knowing the facts," said Jenefer Duane, CEO and Executive Director of Elder Financial Protection Network (EFPN), a Novato-based organization that helps prevent financial abuse against seniors. "The estate planning seminar you are thinking of attending may be a front for an annuity sales pitch," she noted. "Never get rushed into a financial decision. Do not sign your savings over to an estate planner without first getting independent advice."
 
 
Posted in these Groups:
Topics: Tehachapi, Estate Planning, AmeriEstate Legal Plan, Inc., Alpha Omega Family Services
posted by paralegal39years on Wednesday, October 10, 2007 at 12:13 AM
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I don't believe for a second that the Tehachapi Senior Center had any idea about --  WHO -- "ALPHA OMEGA FAMILY SERVICES REPRESENTING AmeriEstate LEGAL PLAN, INC. really is. 
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PLEASE READ the information below and tell everybody you know BEFORE ATTENDING THE ESTATE PLANNING SEMINAR AT THE SENIOR CENTER on Monday, October 15, 2007 -- SO THAT YOU WILL BE ON GUARD.
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ALPHA OMEGA FAMILY SERVICES REPRESENTING AMERIESTATE LEGAL PLAN, INC.” IS WHAT THE TEHACHAPI FLYER SAYS.   THEY WILL BE IN TEHACHAPI (AT THE SENIOR CENTER) AND BAKERSFIELD (AT MARIE CALLENDERS) ON MONDAY, OCT. 15, 2007.
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"Lawsuit Charges Annuity Sellers With Elder Abuse
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Last Updated: 9/27/2007
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Dec. 30, 2004 -- Two California senior citizens organizations have filed a lawsuit charging five companies that sell annuities to seniors with elder abuse, among other crimes.
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The lawsuit, reported in TheMatureMarket.com, charges the companies with operating "living trust mills" that target seniors as sales prospects for annuities that often do not mature until after their buyer's death. The organizations filing the lawsuit -- the Institute on Aging and California Advocates for Nursing Home Reform (CANHR) -- say seniors are lured to estate planning seminars where they are subjected to high-pressure sales pitches to purchase annuities that come with severe tax penalties, exorbitant surrender charges, and long maturation dates.
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The companies, American Equity Investment Life Insurance Company, based in Iowa; American Investment Life Insurance Company, based in Kansas; AmeriEstate Legal Plan, Inc., based in Irvine, CA; Estate Preservation, Inc., based in El Segundo, CA; and Gentry Group, Inc., based in Texas, are charged with elder abuse, false advertising, and violating California's Unfair Business Practices law. The suit was filed in San Francisco Superior Court.
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The organizations are joined in the lawsuit by several individual seniors who say they have been victims of deceptive marketing practices.
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"Unless you have a life expectancy of 110, buying an annuity at age 70 or 80 is not a good idea," said David Werdegar, M.D., President and CEO of the Institute on Aging. "These so-called estate planning companies are, we believe, misrepresenting the nature of the services they are providing. We are joining others to tell them they are not going to get away with it any longer."
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"We believe that these companies are in the business of elder abuse, it's that simple," said Patricia McGinnis, Executive Director of CANHR. "They trick vulnerable people into acting against their own best interests. It is not only unconscionable, it is illegal, and we think the time has come for the courts to act."
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CANHR's Web site notes that "Thousands of ethical California estate planning attorneys execute living trusts for their clients every day, just as thousand of ethical insurance agents sell annuities as part of a comprehensive estate plan. This lawsuit is about deceptive marketing practices and elder fiduciary abuse."
Posted in these Groups:
Topics:
posted by paralegal39years on Tuesday, October 9, 2007 at 11:56 PM
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I appreciate the Tehachapi News for its vision in creating the means to bring all people together in discussions regarding many different topics.  We can all agree or agree to disagree. 

As a result, we debate, we comment, we challenge, we think, we read, we write, we express ourselves, we crack jokes, we poke fun, and we speak our innermost thoughts.   Isn't this part of the process that makes America great -- freedom of speech?  Who is better to teach us that than the Tehachapi News, who writes facts, ideas and opinions, and gives us that opportunity too?  All the while we remain civil -- not only because the "Blog Patrol" is watching, but an exchange of ideas and feelings is positive and stretches us.  

Some people perhaps won't talk as much as others, but they'll do so here.  That's great because their opinion is just as important and gives us all something to think about.  I think it also teaches tolerance, teaches us to laugh at one's self  and teaches us to grow a thick skin if you don't have one already.  I think the process prepares one for not only the Blog but the far wider window of the world where we live, work and play. 

Thanks Tehachapi News.  Thanks Bloggers.  Thanks America.

  

 

Posted in these Groups:
Topics: Tehachapi, Spirit, life
posted by paralegal39years on Tuesday, October 9, 2007 at 01:34 AM
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Since the Beautification Program was effected by our City Council, I hadn't even noticed the Star embedded in the middie of the pavement at Green Street and Tehachapi Boulevard.

Silly me -- for looking at 3-way traffic at the intersection, rather than looking down at the Star embedded in the middle of the street.  That's Green Street and Tehachapi Boulevard.

I'm certainly going to begin looking at it now so that I can get some sense of appreciation for what I had never seen -- after hearing that THE STAR COST ONE MILLION DOLLARS.  The next time you drive by Green Street and Tehachai Boulevard, just look down and smile.  I felt so remorseful when I thought about the ONE MILLION DOLLARS' expenditure that I had been so remiss in seeing embedded in the pavement at Green Street and Tehachapi Boulevard.

When I think about Tehachapi High School's Advanced Drama Club performing one of the best renditions of Shakespeare's Hamlet I've ever seen -- in the lunchroom -- because there's no performing arts center --

When I think about the Tehachapi Symphonic Choir and Orchestra that has some of the best talent on the planet, having to perform at the junior high school or the dining room of a church -- because there's no performing arts center --

The Vision of the beneficial interest to Tehachapi -- of a $ONE MILLION DOLLAR STAR embedded in the pavement at the intersection of Green and Tehachapi Boulevard -- just escapes me.

Oh, while I was at the gas station at the corner of Robinson and Tehachapi Boulevard, the lightening thought struck me -- that as part of the Beautification Program of our City Council -- why are trees planted in the street that take up a full car length, when parking is so scarce in the City? 

Posted in these Groups:
Topics: Tehachapi, government
posted by paralegal39years on Monday, October 8, 2007 at 01:17 PM
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WOW !  Have you seen Jason Caudle driving his new Black Hummer? 

He looks so handsome driving around Tehachapi   When I realized it was him, it was too late for me to waive at him. 

The next time I see the new Black Hummer around town, I'll waive.

Posted in these Groups:
Topics: Who's Who Around Tehachapi.
posted by paralegal39years on Monday, October 8, 2007 at 12:47 PM
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The first and second parts of The Brown Act, when they posted "went off the chart".  Hence, you may have to print it out, or cut and paste and to save for future reference.  Sorry about the snafu.

Here's the 3rd part of The Brown Act that's relevant.

CHARGE OR COMPLAINT INVOLVING INFORMATION 
PROTECTED BY FEDERAL LAW
.
CONFERENCE INVOLVING A JOINT POWERS AGENCY
.
AUDIT BY BUREAU OF STATE AUDITS
.
54956. A special meeting may be called at any time by the 
Presiding officer of the legislative body of a local agency, or 
by a majority of the members of the legislative body, by 
delivering written notice to each member of the legislative 
body and to each local newspaper of general circulation and 
radio or television station requesting notice in writing.  The 
notice shall be delivered personally or by any other means 
and shall be received at least 24 hours before the time of 
the meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting and the
business to be transacted or discussed. No other business 
shall be considered at these meetings by the legislative body.
 
The call and notice shall be posted at least 24 hours prior to the
special meeting in a location that is freely accessible to members
of the public.
 
54956.5. (a) For purposes of this section, "emergency situation"
means both of the following:
   (1) An emergency, which shall be defined as a work stoppage,
crippling activity, or other activity that severely impairs public
health, safety, or both, as determined by a majority of the members
of the legislative body.
   (2) A dire emergency, which shall be defined as a crippling
disaster, mass destruction, terrorist act, or threatened terrorist
activity that poses peril so immediate and significant that requiring
a legislative body to provide one-hour notice before holding an
emergency meeting under this section may endanger the public health,
safety, or both, as determined by a majority of the members of the
legislative body.
   (b) (1) Subject to paragraph (2), in the case of an emergency
situation involving matters upon which prompt action is necessary due
to the disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying with
either the 24-hour notice requirement or the 24-hour posting
requirement of Section 54956 or both of the notice and posting
requirements.
 (2) Each local newspaper of general circulation and radio or
television station that has requested notice of special meetings
pursuant to Section 54956 shall be notified by the presiding officer
of the legislative body, or designee thereof, one hour prior to the
emergency meeting, or, in the case of a dire emergency, at or near
the time that the presiding officer or designee notifies the members
of the legislative body of the emergency meeting. This notice shall
be given by telephone and all telephone numbers provided in the most
recent request of a newspaper or station for notification of special
meetings shall be exhausted.  
.
(e) The minutes of a meeting called pursuant to this section, a
list of persons who the presiding officer of the legislative body, or
designee of the legislative body, notified or attempted to notify, a
copy of the rollcall vote, and any actions taken at the meeting
shall be posted for a minimum of 10 days in a public place as soon
after the meeting as possible.
.
54956.6. No fees may be charged by the legislative body of a local
agency for carrying out any provision of this chapter, except as
specifically authorized by this chapter.
.
If the session is closed pursuant to subdivision
(a), the body shall state the title of or otherwise specifically
identify the litigation to be discussed, unless the body states that
to do so would jeopardize the agency's ability to effectuate service
of process upon one or more unserved parties, or that to do so would
jeopardize its ability to conclude existing settlement negotiations
to its advantage.
.
54957.2. (a) The legislative body of a local agency may, by
ordinance or resolution, designate a clerk or other officer or
employee of the local agency who shall then attend each closed
session of the legislative body and keep and enter in a minute book a
record of topics discussed and decisions made at the meeting.  
The minute book shall be available only to members of the 
legislative body or, if a violation of this chapter is alleged 
to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies.
.
54957.5. (a) Notwithstanding Section 6255 or any other provisions
of law, agendas of public meetings and any other writings, when
distributed to all, or a majority of all, of the members of a
legislative body of a local agency by any person in connection with a
matter subject to discussion or consideration at a public meeting of
the body, are disclosable public records under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1), and shall be made available upon request without
delay.
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54957.7. (a) Prior to holding any closed session, the legislative
body of the local agency shall disclose, in an open meeting, the item
or items to be discussed in the closed session. The disclosure may
take the form of a reference to the item or items as they are listed
by number or letter on the agenda. In the closed session, the
legislative body may consider only those matters covered in its
statement.
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54957.9. In the event that any meeting is willfully interrupted by
a group or groups of persons so as to render the orderly conduct of
such meeting unfeasible and order cannot be restored by the removal
of individuals who are willfully interrupting the meeting, the
members of the legislative body conducting the meeting may order the
meeting room cleared and continue in session
 
54958. The provisions of this chapter shall apply to the
legislative body of every local agency notwithstanding the
conflicting provisions of any other state law.
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54959. Each member of a legislative body who attends a 
meeting of that legislative body where action is taken in 
violation of any provision of this chapter, and where the 
member intends to deprive the public of information to which the member knows or has reason to know the public is entitled
under this chapter, is guilty of a misdemeanor.
.
54960. (a) The district attorney or any interested person may
commence an action by mandamus, injunction or declaratory relief 
for the purpose of stopping or preventing violations or threatened
violations of this chapter by members of the legislative body, or to determine the applicability of this chapter to actions or threatened future action of the legislative body, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to tape record its closed sessions as hereinafter provided.
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(b) The court in its discretion may, upon a judgment of a
violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or
54957.6, order the legislative body to tape record its closed
sessions and preserve the tape recordings for the period and under
the terms of security and confidentiality the court deems
appropriate.
 
 
 
 
 
 
 
 
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 54954.2   (2) No action or discussion shall be undertaken 
on any item not appearing on the posted agenda, except 
that members of a legislative body or its staff may briefly 
respond to statements made or questions posed by persons 
exercising their public testimony rights under Section 
54954.3.In addition, on their own initiative or in response 
to questions posed by the public, a member of a legislative 
body or its staff may ask a question for clarification, make 
a brief announcement, or make a brief report on his or her 
own activities. Furthermore, a member of a legislative body, 
or the body itself, subject to rules or procedures of the 
legislative body, may provide a reference to staff or other 
resources for factual information, request staff to report 
back to the body at a subsequent meeting concerning any 
matter, or take action to direct staff to place a matter of 
business on a future agenda.
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(b) Notwithstanding subdivision (a), the legislative body 
may Take action on items of business not appearing on the 
posted agenda under any of the conditions stated below. 
Prior to discussing any item pursuant to this subdivision, the 
legislative body shall publicly identify the item.
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(1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in 
Section 54956.5.
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(2) Upon a determination by a two-thirds vote of the members 
Of the legislative body present at the meeting, or, if less than
two-thirds of the members are present, a unanimous vote of 
those members present, that there is a need to take immediate 
action and that the need for action came to the attention of the 
local agency subsequent to the agenda being posted as specified 
in subdivision (a).
.
(3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five 
calendar days prior to the date action is taken on the item, and 
at the prior meeting the item was continued to the meeting at which action is being taken.
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(c) This section is necessary to implement and reasonably within
the scope of paragraph (1) of subdivision (b) of Section 3 of Article
I of the California Constitution.
.
54954.3. (a) Every agenda for regular meetings shall provide an
opportunity for members of the public to directly address the
legislative body on any item of interest to the public, before or
during the legislative body's consideration of the item, that is
within the subject matter jurisdiction of the legislative body,
provided that no action shall be taken on any item not appearing on
the agenda unless the action is otherwise authorized by subdivision
(b) of Section 54954.2.  
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However, the agenda need not provide an opportunity for members 
of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity 
to address the committee on the item, before or during the 
committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as 
determined by the legislative body. Every notice for a special 
meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that 
has been described in the notice for the meeting before or during
consideration of that item.
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(b) The legislative body of a local agency may adopt reasonable 
regulations to ensure that the intent of subdivision (a) is carried out,including, but not limited to, regulations limiting the total amount 
of time allocated for public testimony on particular issues and for 
each individual speaker.
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(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. 
Nothing in this subdivision shall confer any privilege or protection 
for expression beyond that otherwise provided by law.
.
 
54954.4 (c) The Legislature hereby finds and declares that complete,
faithful, and uninterrupted compliance with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 
Of Title 5 of the Government Code) is a matter of overriding public
importance.
.
54954.5. For purposes of describing closed session items pursuant
to Section 54954.2, the agenda may describe closed sessions as
provided below.
.
No legislative body or elected official shall be in
violation of Section 54954.2 or 54956 if the closed session items
were described in substantial compliance with this section.
Substantial compliance is satisfied by including the information
provided below, irrespective of its format.
.
(a) With respect to a closed session held pursuant to Section
54956.7:
.
LICENSE/PERMIT DETERMINATION
.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS 
.
CONFERENCE WITH LEGAL COUNSEL--EXISTING 
LITIGATION
.
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED 
LITIGATION
.
LIABILITY CLAIMS
.
THREAT TO PUBLIC SERVICES OR FACILITIES      &nb sp;       &nbs p;         ;             .
PUBLIC EMPLOYEE APPOINTMENT
.
PUBLIC EMPLOYMENT
.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
.
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
.
CONFERENCE WITH LABOR NEGOTIATORS
.
CASE REVIEW/PLANNING
.
REPORT INVOLVING TRADE SECRET 
.
HEARINGS
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 “Legislative Body” mentioned in the “The Brown Act” below, refers to The Tehachapi City Council.
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GOVERNMENT CODE SECTION 54950-54963
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54950.  In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business.  It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. 
The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. 
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54950.5. This chapter shall be known as the Ralph M. Brown Act
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54951. As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. 
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
.  
54953.1. The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body.
.  
54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. 
(b) Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the taping or recording.  Any inspection of a video or tape recording shall be provided without charge on a video or tape player made available by the local agency. 
54953.6. No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and public meetings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination, or obstruction of view that would constitute a persistent disruption of the proceedings. 
.
54954.1. Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person.  If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.  Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first.  
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Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service.  
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability related modification or accommodation, including auxiliary aids or services may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
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In case anyone is interested in the law that governs their lives, please refer to the following website:  www.tehachapicityhall.com/municodes.htm.
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The read is about as exciting as watching paint dry; but a necessary requirement if you're to know what can occur in your City and not occur.  It's right there in the Municipal Code for you to read.  This isn't rocket science. 
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Current City Officials "are banking" on your NEVER reading the Municipal Code that tells City Officials and Residents what they can do, and cannot do.  However, you wonder why so many Officials appear out of control with their power?  They are in fact out of control -- but are banking on YOU not knowing they're out of control -- so they take, and take, and take, and you can't stop them, because YOU won't read the very Municipal Code that governs them.  They know the Code -- and know when YOU don't know.  You wonder why they take great license with your lives and future?   It not that great a leap to the conclusion.  This isn't rocket science. 
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Think of it this way, if you read just two pages of the Municipal Code once a day, you'd know the overview of the entire Code in less than 30 days.  THE TEHACHAPI MUNICIPAL CODE is the LAW in Tehachapi that ALL City Officials are suppose to follow.  If they do not, they're in violation of the law.  Knowing what is happening to you, and what's not suppose to be happening to you, is as close as your computer.
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I once heard someone say that if you wanted to keep things from the majority of people, then put it in the pages of a book; and they will NEVER read it.  Are they correct?
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Based on the plain language of the Tehachapi Municipal Code, Ms. Holly Hart was in violation of the law when she attacked Councilman Beckman.  The Presiding Officer of the Council meeting (Ed Grimes) knew it, or should have known it; Councilman Phil Smith knew it or should have known it; Councilwoman Vernon knew it or should have known it; and Councilwoman Deborah Hand knew it or should have known it.
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Tehachapi Municipal Code, Title 2 ADMINISTRATION AND PERSONNEL. Chapter 2.08 CITY COUNCIL, states in pertinent part that:
"2.08.250 Decorum--Enforcement-Penalty for
Violation:  
.
A. Sergeant-at-Arms. The chief of police or his representative shall be ex officio sergeant-at-arms of the council. He shall carry out all orders and instructions given him by the presiding officer for the purpose of maintaining order and decorum in the Council Chambers.    PRESIDING OFFICER GRIMES KNEW OR SHOULD HAVE KNOWN TO DISCHARGE HIS DUTY AND DIRECT THE SERGEANT-AT-ARMS.
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B.   Any person in the audience who uses loud, boisterous or profane language at a council meeting, or language tending to bring the council