NO THEY DIDN'T SAY THAT ! - paralegal39years's Blog

NO THEY DIDN'T SAY THAT ! - paralegal39years's Blog - Tehachapi News http://www.tehachapinews.com/home/Blog/paralegal39years Researched Responses to Published Statements Made by Tehachapi City Officials. Researched Responses to Published Statements Made by Tehachapi City Officials. en-us TEHACHAPI SYMPHONIC CHORUS AND ORCHESTRA CONCERT THIS SUNDAY. http://www.tehachapinews.com/home/Blog/paralegal39years/17051 http://www.tehachapinews.com/home/Blog/paralegal39years/17051 <div>I hope your time and your Family's, will permit you to attend a wonderful event on Sunday afternoon at 4:00 pm at Country Oaks Baptist Church, just off Backes Road and Schout.  The Tehachapi Symphonic Chorus will be performing in concert with the Tehachapi Symphonic Orchestra.  </div> <div>. </div> <div>I'll be one of the first sopranos on the 2nd row.  We've prepared many months for the performance which you will surely enjoy.  I hope that you can come and share in some pre-holiday music and fellowship.  </div> <div>.</div> <div></div> <div>I don't think you'll find a better musical event -- that's free! </div> <div>.</div> <div>It's all for you Tehachapi !</div> <div> </div> FRAUD IS BEING PRACTICED ON YOU, IF YOU HEAR IT. http://www.tehachapinews.com/home/Blog/paralegal39years/16625 http://www.tehachapinews.com/home/Blog/paralegal39years/16625 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.       You've Got LOCAL FOLKS To Help Tehachapi Residents With Estate Planning. http://www.tehachapinews.com/home/Blog/paralegal39years/15824 http://www.tehachapinews.com/home/Blog/paralegal39years/15824 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. . 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.   . 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. . 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. . 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!!!!!!!!!!!!!!!!!!!!!!   . 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? . 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."   Arab Saying: "Invite Them To Dinner -- But Tie Up Your Camel". http://www.tehachapinews.com/home/Blog/paralegal39years/15768 http://www.tehachapinews.com/home/Blog/paralegal39years/15768 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. . <style id="ssxyzzy" type="text/css" media="screen"> #message79142531434239081255777380399246675668846277 { overflow:auto; visibility:hidden }</style> <div class="msgbody clearfix" id="message79142531434239081255777380399246675668846277" style="VISIBILITY: visible"> <div id="yiv1739611643"> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">Dear Amador Ledger Dispatch Editor:</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">. </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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".</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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".</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.)</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">. </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">The organization KNOWS that Seniors are vulnerable which is why they are the TARGET GROUP.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">AMADOR NEWSPAPER ARTICLE:</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">"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."</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">Your publication says nearly verbatim, what the flyer says that was distributed in Tehachapi and likely in Bakersfield.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.  </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">. </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">. </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">PLEASE VERIFY WHAT I'M TELLING YOU.  Don't just take my word for anything -- rather, verify what I'm saying, by going to:  </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"><a target="_blank" rel="nofollow" href="http://www.canhr.org/news/TrustMillLawsuit20041122.html">http://www.canhr.org/news/TrustMillLawsuit20041122.html</a> and find out about these guys for yourself.  Also go to <a target="_blank" rel="nofollow" href="http://www.publicinterestgroup.com/">www.publicinterestgroup.com</a> and contact Attorney Renne for yourself.  </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">. </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">I'm going to Blog an article in the <a target="_blank" href="http://tehachapinews.com/">TehachapiNews.com</a>'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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">. </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.  </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">. </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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.  </div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">.</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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?</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> .</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt">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".</div> <div class="MsoNormal" style="MARGIN: 0in 0in 0pt"> </div> </div> </div> TO BE "FOREWARNED" ABOUT THIS GROUP - IS TO BE "FOREARMED". http://www.tehachapinews.com/home/Blog/paralegal39years/15766 http://www.tehachapinews.com/home/Blog/paralegal39years/15766 <div>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.</div> <div>.</div> <div>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?  </div> <div>.</div> <div>The folliwng are published statements concerning the group coming to Tehachapi on Monday, Oct. 15, 2007:</div> <div>.</div> <div>"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." </div> <div>.</div> <div>(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.)</div> <div>.</div> <div style="MARGIN: 0in 0in 12pt">The plaintiffs are represented by Morgan, Lewis & Bockius LLP and by Renne Sloan Holtzman & Sakai, LLP.</div> <div style="MARGIN: 0in 0in 12pt">.</div> <div style="MARGIN: 0in 0in 12pt">" 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." </div> <div style="MARGIN: 0in 0in 12pt">.</div> <div style="MARGIN: 0in 0in 12pt">"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."                                                                                                         </div> <div style="MARGIN: 0in 0in 12pt">.</div> <div style="MARGIN: 0in 0in 12pt">"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." </div> <div style="BACKGROUND: white">.</div> <div style="MARGIN: 0in 0in 12pt">"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." </div> <div style="MARGIN: 0in 0in 12pt"> </div> <div style="MARGIN: 0in 0in 12pt"> </div> I DON'T THINK THE SENIOR CENTER HAD ANY IDEA ABOUT THIS GROUP. http://www.tehachapinews.com/home/Blog/paralegal39years/15764 http://www.tehachapinews.com/home/Blog/paralegal39years/15764 <div style="BACKGROUND: white; MARGIN: auto 0in">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.  </div> <div style="BACKGROUND: white; MARGIN: auto 0in">.</div> <div style="BACKGROUND: white; MARGIN: auto 0in">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.</div> <div style="BACKGROUND: white; MARGIN: auto 0in">.</div> <div style="BACKGROUND: white; MARGIN: auto 0in">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.</div> <div style="BACKGROUND: white; MARGIN: auto 0in">.</div> <div style="BACKGROUND: white; MARGIN: auto 0in">SOURCE:  <a href="http://www.elderlawanswers.com/resources/article.aspID=3542">http://www.elderlawanswers.com/resources/article.aspID=3542</a></div> <div style="BACKGROUND: white; MARGIN: auto 0in">.</div> <div style="BACKGROUND: white; MARGIN: auto 0in">"Lawsuit Charges Annuity Sellers With Elder Abuse </div> <div style="BACKGROUND: white; MARGIN: auto 0in">.</div> <div style="BACKGROUND: white; MARGIN: auto 0in">Last Updated: 9/27/2007</div> <div style="BACKGROUND: white; MARGIN: auto 0in">.</div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">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. </div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">.</div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">The lawsuit, reported in <a target="_blank" href="http://www.thematuremarket.com/SeniorStrategic/dossier.php?numtxt=3740&idrb=5">TheMatureMarket.com</a>, 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 <a target="_blank" href="http://www.tehachapinews.com/3rdparty/editor/editor/%20http://www.ioaging.org/">Institute on Aging</a> and <a target="_blank" href="http://www.canhr.org/">California Advocates for Nursing Home Reform (CANHR)</a> -- 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. </div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">.</div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">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. </div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">.</div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">The organizations are joined in the lawsuit by several individual seniors who say they have been victims of deceptive marketing practices. </div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">.</div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">"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." </div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">.</div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">"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." </div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">.</div> <div style="BACKGROUND: white; LINE-HEIGHT: 18pt">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." </div> Thank You Tehachapi News For A Great Means of Conversation With Everyone. http://www.tehachapinews.com/home/Blog/paralegal39years/15713 http://www.tehachapinews.com/home/Blog/paralegal39years/15713 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.      Ever Noticed The $ ONE MILLION DOLLAR Star In The Street? http://www.tehachapinews.com/home/Blog/paralegal39years/15680 http://www.tehachapinews.com/home/Blog/paralegal39years/15680 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?  JASON CAUDLE LOOKED SO HOT IN HIS NEW BLACK HUMMER ! http://www.tehachapinews.com/home/Blog/paralegal39years/15679 http://www.tehachapinews.com/home/Blog/paralegal39years/15679 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. Relevant Parts of The Brown Act That Govern City Council Meetings-Part 3 of 3 http://www.tehachapinews.com/home/Blog/paralegal39years/15659 http://www.tehachapinews.com/home/Blog/paralegal39years/15659 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. <pre>CHARGE OR COMPLAINT INVOLVING INFORMATION </pre> <pre>PROTECTED BY FEDERAL LAW</pre> <pre>.</pre> <pre>CONFERENCE INVOLVING A JOINT POWERS AGENCY</pre> <pre>.</pre> <pre>AUDIT BY BUREAU OF STATE AUDITS</pre> <div style="MARGIN: 0in 0in 0pt">.</div> <pre>54956. A special meeting may be called at any time by the </pre> <pre>Presiding officer of the legislative body of a local agency, or </pre> <pre>by a majority of the members of the legislative body, by </pre> <pre>delivering written notice to each member of the legislative </pre> <pre>body and to each local newspaper of general circulation and </pre> <pre>radio or television station requesting notice in writing.  The </pre> <pre>notice shall be delivered personally or by any other means </pre> <pre>and shall be received at least 24 hours before the time of </pre> <pre>the meeting as specified in the notice. The call and notice</pre> <pre>shall specify the time and place of the special meeting and the</pre> <pre>business to be transacted or discussed. No other business </pre> <pre>shall be considered at these meetings by the legislative body.</pre> <div style="MARGIN: 0in 0in 0pt"> </div> <pre>The call and notice shall be posted at least 24 hours prior to the</pre> <pre>special meeting in a location that is freely accessible to members</pre> <pre>of the public.</pre> <pre> </pre> <pre>54956.5. (a) For purposes of this section, "emergency situation"</pre> <pre>means both of the following:</pre> <pre>   (1) An emergency, which shall be defined as a work stoppage,</pre> <pre>crippling activity, or other activity that severely impairs public</pre> <pre>health, safety, or both, as determined by a majority of the members</pre> <pre>of the legislative body.</pre> <pre>   (2) A dire emergency, which shall be defined as a crippling</pre> <pre>disaster, mass destruction, terrorist act, or threatened terrorist</pre> <pre>activity that poses peril so immediate and significant that requiring</pre> <pre>a legislative body to provide one-hour notice before holding an</pre> <pre>emergency meeting under this section may endanger the public health,</pre> <pre>safety, or both, as determined by a majority of the members of the</pre> <pre>legislative body.</pre> <pre>   (b) (1) Subject to paragraph (2), in the case of an emergency</pre> <pre>situation involving matters upon which prompt action is necessary due</pre> <pre>to the disruption or threatened disruption of public facilities, a</pre> <pre>legislative body may hold an emergency meeting without complying with</pre> <pre>either the 24-hour notice requirement or the 24-hour posting</pre> <pre>requirement of Section 54956 or both of the notice and posting</pre> <pre>requirements.</pre> <pre>. </pre> <pre> (2) Each local newspaper of general circulation and radio or</pre> <pre>television station that has requested notice of special meetings</pre> <pre>pursuant to Section 54956 shall be notified by the presiding officer</pre> <pre>of the legislative body, or designee thereof, one hour prior to the</pre> <pre>emergency meeting, or, in the case of a dire emergency, at or near</pre> <pre>the time that the presiding officer or designee notifies the members</pre> <pre>of the legislative body of the emergency meeting. This notice shall</pre> <pre>be given by telephone and all telephone numbers provided in the most</pre> <pre>recent request of a newspaper or station for notification of special</pre> <pre>meetings shall be exhausted.  </pre> <pre>.</pre> <pre>(e) The minutes of a meeting called pursuant to this section, a</pre> <pre>list of persons who the presiding officer of the legislative body, or</pre> <pre>designee of the legislative body, notified or attempted to notify, a</pre> <pre>copy of the rollcall vote, and any actions taken at the meeting</pre> <pre>shall be posted for a minimum of 10 days in a public place as soon</pre> <pre>after the meeting as possible.</pre> <pre>.</pre> <pre>54956.6. No fees may be charged by the legislative body of a local</pre> <pre>agency for carrying out any provision of this chapter, except as</pre> <pre>specifically authorized by this chapter.</pre> <pre>.</pre> <pre>If the session is closed pursuant to subdivision</pre> <pre>(a), the body shall state the title of or otherwise specifically</pre> <pre>identify the litigation to be discussed, unless the body states that</pre> <pre>to do so would jeopardize the agency's ability to effectuate service</pre> <pre>of process upon one or more unserved parties, or that to do so would</pre> <pre>jeopardize its ability to conclude existing settlement negotiations</pre> <pre>to its advantage.</pre> <div style="MARGIN: 0in 0in 0pt">.</div> <pre>54957.2. (a) The legislative body of a local agency may, by</pre> <pre>ordinance or resolution, designate a clerk or other officer or</pre> <pre>employee of the local agency who shall then attend each closed</pre> <pre>session of the legislative body and keep and enter in a minute book a</pre> <pre>record of topics discussed and decisions made at the meeting.  </pre> <pre>The minute book shall be available only to members of the </pre> <pre>legislative body or, if a violation of this chapter is alleged </pre> <pre>to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies.</pre> <div style="MARGIN: 0in 0in 0pt">.</div> <pre>54957.5. (a) Notwithstanding Section 6255 or any other provisions</pre> <pre>of law, agendas of public meetings and any other writings, when</pre> <pre>distributed to all, or a majority of all, of the members of a</pre> <pre>legislative body of a local agency by any person in connection with a</pre> <pre>matter subject to discussion or consideration at a public meeting of</pre> <pre>the body, are disclosable public records under the California Public</pre> <pre>Records Act (Chapter 3.5 (commencing with Section 6250) of Division</pre> <pre>7 of Title 1), and shall be made available upon request without</pre> <div style="MARGIN: 0in 0in 0pt">delay.</div> <div style="MARGIN: 0in 0in 0pt">.</div> <pre>54957.7. (a) Prior to holding any closed session, the legislative</pre> <pre>body of the local agency shall disclose, in an open meeting, the item</pre> <pre>or items to be discussed in the closed session. The disclosure may</pre> <pre>take the form of a reference to the item or items as they are listed</pre> <pre>by number or letter on the agenda. In the closed session, the</pre> <pre>legislative body may consider only those matters covered in its</pre> <div style="MARGIN: 0in 0in 0pt">statement.</div> <div style="MARGIN: 0in 0in 0pt">.</div> <pre>54957.9. In the event that any meeting is willfully interrupted by</pre> <pre>a group or groups of persons so as to render the orderly conduct of</pre> <pre>such meeting unfeasible and order cannot be restored by the removal</pre> <pre>of individuals who are willfully interrupting the meeting, the</pre> <pre>members of the legislative body conducting the meeting may order the</pre> <div style="MARGIN: 0in 0in 0pt">meeting room cleared and continue in session</div> <div style="MARGIN: 0in 0in 0pt"> </div> <pre>54958. The provisions of this chapter shall apply to the</pre> <pre>legislative body of every local agency notwithstanding the</pre> <pre>conflicting provisions of any other state law.</pre> <pre>.</pre> <pre>54959. Each member of a legislative body who attends a </pre> <pre>meeting of that legislative body where action is taken in </pre> <pre>violation of any provision of this chapter, and where the </pre> <pre>member intends to deprive the public of information to which the member knows or has reason to know the public is entitled</pre> <pre>under this chapter, is guilty of a misdemeanor.</pre> <pre>.</pre> <pre>54960. (a) The district attorney or any interested person may</pre> <pre>commence an action by mandamus, injunction or declaratory relief </pre> <pre>for the purpose of stopping or preventing violations or threatened</pre> <pre>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.</pre> <pre>.</pre> <pre>(b) The court in its discretion may, upon a judgment of a</pre> <pre>violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or</pre> <pre>54957.6, order the legislative body to tape record its closed</pre> <pre>sessions and preserve the tape recordings for the period and under</pre> <pre>the terms of security and confidentiality the court deems</pre> <pre>appropriate.</pre> <pre> </pre> <pre> </pre> 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