Updated October 1, 2017
Whites Get Judge to Retaliate Against Black Who Complained of racism
Will you be next?
[This redaction is based on an email/letter to City Council president Herb Wesson against a Los Angeles Superior Court Commissioner’s ruling in small claims court case. Complaining about racism is supposed to be a federally protected activity.]
Subject: Continued Request to Council President Herb Wesson to Request Attorney General Investigation of Judge- Fraud on the Court by Judge- Failure to Ensure Rights
From: [tenant name and email redacted]
Date: Sunday, October 1, 2017 1:22 PM
Dear Councilperson and President:
I request that you request the office of the State Attorney General to investigate Hon. Daniel J. Buckley Presiding Judge, Superior Court of Los Angeles County for treason on the Constitution and failure to execute duties as the presiding Judge supervising Commissioner William McTaggert and based on the attached small claims case 17IWSC03877 and the order of the commissioner filed September 19, 2017, as it violates existing law section civil code 1942.5 and State Civil Code section 51, 52 et seq. , and failure to ensure rights under both those state law, and failed the Judge’s oath to act faithfully and impartially and perform duties under the Constitution and laws of the United States, and the Commissioner failed to ensure rights granted under the US and State of California Constitutions, and the Commissioner’s order failed to ensure rights under 42 USC section 1981 (below), in particular sections (b) and (c).
At the hearing on this matter, I was never told a commissioner would hear this case rather than a Judge, nor was I given the option to have a Judge hear the case rather than a commissioner, a violation of my Constitutional due process rights. I ask that you request that the state Attorney General void the order on the grounds stated herein.
I ask that you request the Attorney General seek every judgment from May 19 2017 and September 19 2017 of Judge McTaggert, including but not limited to any and [all] cases, be vacated/voided on the grounds herein that all proceedings were tainted by fraud on the court and lack of impartiality by Judge and staff:
At the July 18 initial hearing, the matter was continued due to lack of time. However, the defendants, all white, [LBPM was not in attendance at either hearing] approached the court clerk. I was witness to the conversation as well as other member of the public were witness. The three defendants asked the clerk how they could get the matter thrown out [my words] because they did not believe they were liable. The clerk replied that in order to get the matter resolved, they simply needed to write the Judge a letter.
At the September 19 hearing, the matter was heard. I copy this from the original court complaint: “failure to correct deficiency/maintain housing intercom; general/special damages, bad faith, unreasonable, false, specific performance…”
…[The Judge…] allowed the defendants’ retaliation against those who oppose racism to taint and bias his duty to do “equal right to the poor and to the rich”. The Judge favored the “rich” property owners over the “poor” plaintiff, and denied equal rights to myself…
At the September 19 hearing, plaintiff presented evidence of the rent agreement stating that all defendants are the “owner”, state law 1942.5 making the agents of the owner liable, and receipts for damages.
At the July 18 hearing, the Judge McTaggert issued numerous entries of default judgment which appeared to be only as regards plaintiffs who were white, and defendants who did not appear.
At the September 19 hearing, even though on the basis of the complaint there is no complaint of racial discrimination, the defendants, without benefit of a cross complaint, presented numerous pictures to the Judge showing protestors with signs reading “Google Racism Hi Point Apts”.
At the September 19 hearing, with all defendants white, the Judge would later issue judgment saying that all defendants did not owe plaintiff money. The Judge favored whites, even the defaulting LB Property Management who did not appear, and he denied entry of default to myself, a Black, while he had previously granted entry of default to plaintiffs who were white.
I realize that entry of default judgment is discretionary, but the Judge has showed his decision rather than be fueled by discretion, was fueled by the flames of racial hatred of those who retaliate against those like myself who engage in protected activity protesting racial discrimination.
By presenting those pictures to the Judge, the defendants intent , and result, was to improperly influence the Judge to act against his oath to act in a fair and impartial manner and perform all duties under the Constitution and laws of the United States and he allowed the defendants’ retaliation against those who oppose racism to taint and bias his duty to do “equal right to the poor and to the rich”. The Judge favored the “rich” property owners over the “poor” plaintiff, and denied equal rights to myself.
For the defendant who did not appear, the Judge failed to treat that defendant in accordance with the fact they did not appear, but unjustly considered them on the same level of the appearing defendants.
The Judge has failed in his duty to “administer justice without respect to persons”, but instead allowing his decision to be guided by those white defendants who clearly practiced unlawful retaliation against the plaintiff. The Judge used the racial hatred presented by the defendants against Blacks to deny plaintiff entry of default, and to deny Plaintiff judgment against the white defendants.
Non-appearing LB Property Management received the benefit of the court system without paying a dime or even appearing at court.
The conduct of the court, and the actions of defendants in presenting pictures of Blacks engaged in protected activity, was to get the court to participate in the denial of full and equal housing services and privileges to Black tenants and to get the court to send a message , “At all costs, keep that 1940’s N—-r from getting any justice.”
[Tenant name redacted]
A Black American
1522 Hi Point St #9 Los Angeles CA 90035
28 U.S. Code § 453 – Oaths of justices and judges
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
42 U.S. Code § 1981 – Equal rights under the law
(a) Statement of equal rights
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) “Make and enforce contracts” defined
For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
(c) Protection against impairment
The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
(R.S. § 1977; Pub. L. 102–166, title I, § 101, Nov. 21, 1991, 105 Stat. 1071.)
[Editor note: the “N” word is spelled out in the original letter to the City Council. LACK OF RESPECT AND WHITE PRIVILEGE. If a white at 1522 complains about their intercom or some other repair like the mailbox, Whites jump up right away, “Hi, how can I help you?” But when Blacks complain, the question is ignored or they receive “I don’t know”. Lok up and down Hi Point St and you will see numerous box buildings and most have working intercoms. The city code enforcement, LADBS, RSD, state DFEH, District Attorney, are all code enforcement agencies who can investigate with/without a complaint. Dr MLK, Jr., Rosa Parks, Medgar Evers, Malcom X, Chaney, Goodman, and Schwerner : what did they fight for? 1522 Hi Point St is a vivid example of why many believe race relations are worse than they have even been in America.]
Updated July 10, 2017
Garcetti Told of Racist Code Inspectors
Subject: Your department called today about 10:40 a.m. – Racism at Hi Point Apts
From: [tenant #9, name redacted]
To: email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org;
Cc: email@example.com; matt@WilliamsREA.com; firstname.lastname@example.org; email@example.com;
Date: Thursday, July 6, 2017 9:06 PM
To whom it may concern City government Los Angeles personnel:
Your phone call of today at 10:40 am is not acceptable as a resolution of the damage claims dated June 22, 2017 against the LADBS, HCIDLA, City of Los Angeles, and others.
Black tenant vows to destroy the
You have failed in your mandatory duty [below*] not to discriminate against me. You have participated in discriminating against me as a Black American and granted preferential treatment to white tenants at the 1522 Hi Point St address, i.e the working intercom, in particular inspectors Michael Soto, Bryan Kirkness, James Blythe, and other inspectors who have been on the property/in my apartment; the State Constitution prohibits you from discriminating against me as a Black American. A white tenant unit #1 has preferential treatment of three parking stalls,[two vehicles used for an unlawful dog boarding business]… such preferential treatment denied to the two Black tenants in unit #9 who only have been assigned parking for only one vehicle. I remind you that the state nuisance laws empower the city or myself to destroy the non-working intercom at the front of the building and destroy the abandoned vehicle at stall #14. California civil code 3494; 3493; 3495 “Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.”
A phone call/voicemail from you is not acceptable as a resolution.
All rights reserved.
[tenant name, address, phone redacted]
cc: Williams Real Estate Advisors Jade, Matt, and Filip via email above
* Under the CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SECTION 1. “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” [Emphasis added]
“…The State shall not discriminate…”
Under CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 31. (a) The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. (f) For the purposes of this section, “State” shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State. (g) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California anti-discrimination law.” Under CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 26. The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.
To Garcetti’s Goons, Black Lives do NOT matter.
Excerpts of the Jurisdiction of Garcetti’s code enforcement Goons – [emphasis added]
HEALTH AND SAFETY CODE – HSC
DIVISION 13. HOUSING [17000 – 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 – 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) CHAPTER 2. Rules and Regulations [17920 – 17928] ( Chapter 2 added by Stats. 1961, Ch. 1844. )
Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:
(a) Inadequate sanitation shall include, but not be limited to, the following:
(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(14) General dilapidation or improper maintenance.
(b) Structural hazards shall include, but not be limited to, the following:
(1) Deteriorated or inadequate foundations embers of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(c) Any nuisance.
[Garcetti’s Goons Have stated they have no jurisdiction over the state Health and Safety Code as their justification for discriminating against Blacks. Ask Garcetti’s Goons what they did with the THP monies that were earmarked for Black tenants across the City. Code inspectors Michael Soto, Bryan Kirkness, James Blythe have refused to cite the non-working intercoms of two Black tenants at Hi Point Apts who have complained for years.]
Do Blacks have rights as an individual to claim racism? Yes! Click the Unruh Act for personal rights.
Do Blacks have rights as an individual to claim retaliation? Yes! See California government codes on discrimination.
“Therefore, the pure righteous do not complain of the dark, but increase the light; they do not complain of evil, but increase justice; they do not complain of heresy, but increase faith; they do not complain of ignorance, but increase wisdom.” Arpilei Tohar, p. 27-28.
[Editor: This page continues redacted copies of communications to city Los Angeles government officials—a federally protected activity “redress of grievances”—–and others concerning lack of fair housing at 1522 Hi Point St Apartments 90035. On May 18, 2017, after years of protests to the owner about lack of maintenance and unfair parking policies, owner contractor Mozannar Construction came out to unit 9, and presumably due to retaliation—cut the hot water volume to almost nothing without explanation. It has still not been repaired. Update from Editor: As of July 3, the bathroom sink water volume is better but repair crew left a watermelon size hole in the wall that needs to be patched. ]
Updated June 7, 2017
Hi Point Apts LLC and Mayor Eric Garcetti’s KKK Goons Retaliate and Cut Water Volume To Black Who Complained of Racism
Subject: Why is the water constantly being shut off in this building? Bathroom sink water volume not repaired in unit 9
From: [tenant name redacted]
To: firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org;
Date: Tuesday, June 6, 2017 9:19 PM
this is a rent controlled building
Why is the water keep being frequently shut off? What is wrong with the pipes that the city has not cited the property for substandard conditions? What is wrong in this building?
See the attached notice received about water shut of for today. Note the notice is able to give a time frame of between 10:00 am to 2 pm.
As of today, the bathroom sink hot water pressure [volume] is not operating properly. When will this repair be addressed?
this is a rent controlled building
All rights reserved.
[Tenant name address phone redacted]
To: Williams Real Estate Advisors, Inc.; Hi Point Apts, LLC; Mayor Eric Garcetti, City rent stabilization department; Mozannar Construction; city employees Galardi, Sandoval, Smith, Williams
Updated June 6 2017
SUBJECT: Re: Second request for verification of rent amount re 1522 Hi Point St #9 90035- Taking of rent monies for criminal fraud
FROM: [TENANT NAME AND ADDRESS REDACTED]
DATE: Tue 6/6/2017 9:53 PM
To:Williams Real Estate Advisors <WelcomeHome@williamsrea.com>; Hi LLC <email@example.com>; firstname.lastname@example.org <email@example.com>; Hi Point Resident Manager Cynthia Ogan <firstname.lastname@example.org>;
Cc:Da Lacounty Info <email@example.com>; Charles Floyd <firstname.lastname@example.org>; Ali Maintenance <email@example.com>; firstname.lastname@example.org <email@example.com>; Presi Sandoval <firstname.lastname@example.org>; email@example.com <firstname.lastname@example.org>; Daniel Williams <email@example.com>;
I have been told by Walter Barratt that you have been leasing agent for this building for three years and also that you manage other properties. Seems you would already have access to the building history and rent agreements and illegal rent increases that have occurred in this building since Walter says you have been his agent for over three years. My rent agreement says that as agent of the owner, you are the “owner”.
This is now the sixth of June and I have received no response from you.
This forced us to pay an illegal rent on June 1 because you and the owner failed to respond. I will be filing a rent control complaint against you and asking for money damages.
As the 30 day notice was not served correctly and timely, please refund us the entire amount paid over the [REDACTED] prior rent. In other words, any 5% rent increase must be served again with the required 30 day notice. Since no agent of the owner responded in a timely notice when told that the rent increase notice was defective, I consider the notice and your failure to respond as harassment and retaliation because I complained.
There is no waiver here that the illegal rent includes the illegal rent increases due to reduction in parking and reduction in maintenance to the intercom; illegal rents as noted in the recent lawsuits and RACISM complaint against WREA, yourself, and others. My rent money goes to pay for the salaries and agreements between the owner and his agents which includes you, the maintenance person, resident manager, and management company, etc.
While we are on the subject of parking, please forward me information of what tenant was parking in stall #8 between February 2010 and April 2014, and what tenant by apt number was parking in stall #14 between February 2010 and April 2014. Also include what tenant by apt number was assigned to stall #14 between Feb 2010 and April 2014.
I am insulted by you saying “have a nice weekend” since you are well aware that my intercom has not been in working order for over three YEARS and this disturbs my quiet enjoyment; you, Jade, are a condescending nit [“twit”].
How long does it take for a white person to say “we will fix your bathroom sink today” and how long does it take for a white person to say “we will fix your intercom today”?
How long does it take, Jade? CAN YOU UNDERSTAND ENGLISH?
All rights reserved.
[tenant name and address redacted]
Updated Monday, May 29, 2017
SUBJECT: Application Questions re Hi Point Apts unit #4
FROM: [TENANT NAME AND ADDRESS REDACTED]
TO: firstname.lastname@example.org; email@example.com;
DATE: Monday, May 29, 2017 9:52 PM
I see that Williams Real Estate Advisors, Inc. is advertising unit #4 for lease at 1522 Hi Point St 90035.
I would like to apply but first a few questions:
1. Your ad says the rent is $1750 with $100 towards utilities. Is the rent $1750 plus $100 or is it $1750 including the $100?
2. How did you arrive at the $100 if the building is master metered?
3. How many tenants DO NOT pay the $100 for utilities?
4. Your ad says the unit comes with one parking spot. Is that the single parking
stall or is that the tandem parking stall?
5. If I was a tenant assigned to a single parking stall, how would I apply for a
tandem parking stall if one became available?
6. I understand the intercom system is not fully operational. Will I be disturbed by other tenants’s guests for those tenants who do not have a working intercom?
7. I understand some maintenance like intercoms is still pending after three years. Will that happen to me if I lease unit #4 and report maintenance needs?
8. I understand that a sewer line empties directly into the rear walkway. Is this a slip and fall hazard?
9. I understand there is primary renovations still occurring in the building. Will
this cause utility interruptions and lead and asbestos dust in the common
10. I understand that a number of former tenants did not receive the required THP applications and relocations monies while WREA was leasing agent for the property. What was WREA involvement and has WREA participated in this false and deceptive practice at other properties? Is this what will happen to me if I lease unit #4?
[Tenant name and address redacted][WREA is Williams Real Estate Advisors Inc. who is leasing and management company for the “racist” Hi Point Apts, LLC.]
Updated May 27, 2017
1522 HI POINT ST UNIT 1
LOS ANGELES CA 90035
VIA FED EX
LB PROPERTY MANAGEMENT INC
4730 Woodman Avenue Suite 200
Sherman Saks, CA 91423
VIA FED EX
Mozannar Construction Inc.
10721 Bloomfield Street Ste 1,
North Hollywood, CA 91602.
VIA FED EX
Williams Real Estate Advisors, Inc.
2701 Ocean Park Blvd., ste 140, Santa Monica, CA 90405
VIA FED EX
May 27, 2017
TO WHOM IT MAY CONCERN:
This letter shall summarize that a Demand Letter was received by you dated May 17, 2017 by email/fax for damages related to the lack of intercom maintenance at unit 9.
Damages indicated in the May 17, 2017 letter include postage(USPS), fax service, calling service, office supplies, fed ex mailing costs, ADT security system, lawyer advice service fees, parking, medical, internet, newspaper ads, consultant, internet ads, phone, off work, rent reimbursement.
Your failure to repair or replace the intercom prior to October 2016 is the proximate cause of the damages that have occurred. Leasing agent/property management WREA has continued to falsely advertise to the Public that all eighteen units at this address have working intercoms.
All intercoms for all units could have been repaired or replaced on the same day.
There has been a reduction of bathroom sink water pressure after I complained about maintenance. Bathroom sink is not in working condition. [Previously reported to you].
You have served me with a notice of rent increase that is not correct, in retaliation because I complained. No rent can be collected if utilities have been cut off in retaliation for me complaining. [Previously reported to you].
I am third party beneficiary to your agreements with the leasing company, maintenance, management company, and resident manager.
The rental agreement section 7 provides: “…renter shall advise owner immediately of any equipment malfunction”. Section 6 states in part: “…good faith is …written proof of owner’s knowledge and opportunity to repair any claimed housing deficiency….”.
ALL RIGHTS RESERVED.
[Tenant name and address redacted]
[Estimated FED EX cost of this letter is $8.00 per each person addressed]
CC 3294; CC 1942.4(a)(3); GC 12955, 12955.8;CC 3300,3306, 3358, 3359, CC 1942.5(a)and(f); violation quiet enjoyment; false and deceptive business practices; nuisance
[Editor Note: Cynthia Ogan, resident manager, can be reached at 310-406-4075; LB Property Management can be reached at 818-793-2033; Mozannar can be reached at 818-335-8175; WREA can be reached at Phone 310.987.7978 ]
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[EDITOR NOTE: Tenants may wonder why so many things in the building seem to be in disrepair. That is due to two reasons (1) maintenance usually overbills the owner by performing faulty work that has to be done a second time or not finished at all and (2) the owner has primary renovations ongoing instead of just fixing everything at the same time; he has dragged renovations out over three years causing numerous utility shutoffs and breakdowns caused by new pipes putting pressure on the old pipes, etc. It’s a mess for the unsuspecting new tenants.]
Updated May 18, 2017
BATHROOM SINK REPAIRED BUT INTERCOM STILL UNUSABLE IN THIS RENT CONTROLLED BUILDING CITY OF LOS ANGELES
From: [tenant name redacted]
TO: firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org; email@example.com;
Date: Thursday, May 18, 2017 8:06 PM
To Owner, Management Company, Resident Manager, City “Mayor”, code enforcement et al:
As of today’s entry into unit 9, my intercom remains unusable.
Maintenance Ali and another person entered the unit about 9:09 a.m.
The sink refinisher was finished and left about 9:50 a.m.
Ali said he would be back about 3:30 pm to reinstall the faucet
Ali returned about 2:53 pm with a helper
The faucet was discovered to be defective and leaking so Ali purchased another one
Ali left at 3:39
Ali repaired the faucet from 4:15 to 4:45 p.m.
I noted that the water pressure coming out of the hot water is about 25% of what is coming out of the cold water.
Maybe code enforcement can check this.
Incorrect low water pressure from the faucet.
Total time in the unit that could have been estimated on the CC 1954 notice: approximately three hours including the unexpected faucet repair.
The repairs obviously were not going to take four hours
Three hours that could have been written on the CC 1954 notice if the manager comprehended English
As of today’s entry into unit 9, my intercom remains unusable.
All rights reserved.
[TENANT NAME AND ADDRESS REDACTED]