Monday, February 17, 2014

OP-ED....Declaration of Marilynn Meyer w/Response by Grant West

   (From the Sentinel -- names have been deleted for privacy  reasons)

   Mrs  Meyers: "  On April 8, 2011 I purchased a property in Copperopolis that required me to be a member of the Copper Cove Lake Tulloch Owners Association.

   My background as a resident of Sacramento for most of my adult life was in lobbying property rights issue with the State Legislature-I owned a founded California Lobby-and to broker commercial real estate transactions. DRE # D0459901.

   Everything that I have done professionally has been highly regulated by Calif State Statutes of which I personally followed with no exceptions, ever.

   When my husband and I decided that one of us should get involved with the CCLTOA by running for the Board in May of 2011, we were both appalled to find out that the appointed (non-elected) new President in April of 2011 **** ****, was NOT qualified to be a Board Member per the CCLTOA Bylaws nor was **** ******* a candidate who had been on the Board as President before qualified.

   They were both not listed first on their Conveyance Deeds. It then became clear that the Election Inspector and now Defendant ***** ****** was allowing the membership to believe that they both were first on their Deed and the 2011 Election was Fraudulent and as it turns out so was the 2012, and 2013 Elections."

    Mr. West: "It's true that our original By-laws written in 1969 said you had to be listed First on title in order to run for the board.

   But no one had ever followed or enforced this old outdated rule because it was now illegal.  Mr. and Mrs. Meyers or any other potential candidate had never been stopped or denied a chance to run for the board because of this By-law.

      It has since been changed in writing to reflect  California state law.  No homeowners CCNR's can overwrite California state law.

   We even had our legal team explain this to the Meyers in a 4 page letter, but the Meyers Still wanted to argue and have **** ******* and ***** **** removed.'

       Mrs Meyers: "I spoke out. My husband, Thomas Meyer Esq wrote CCLTOA attorney Nathan McGuire stating that ******* and **** were not qualified to be on the Board.

   I wrote the Sonora Union Democrat editor trying to alert the 2031 members that the election had candidates that were not qualified to run."

     Mr. West;  " So, even after our Legal team pointed out California State law to them and proved that they were wrong and that CCLTOA was following state law, they still felt they needed to argue.

   At this point what can you do when some people just want to argue???"

  Mrs. Meyers: " I believed I had the right according to the US and California constitution to do so. I had done this type of "speaking out' in Sacramento my entire life!

   I have always been under the protection of the First Amendment. HOWEVER CCLTOA defendants knowing I had first amendment rights and knowing they had not offered Davis Sterling Required ADR...."

     Mr. West:  "Now this is a Lie.  CCLTOA offered the Meyers a ADR and I, Grant West and other board members  were present at the ADR and the Meyers NEVER SHOWED UP. We have the minutes to prove it.

      The Meyers requested a ADR and then never showed up. FACT."

    Mrs. Meyers:  " and knowing they had not served me the 43 page Petition for Workplace Violence Restraining Order and knowing that they were lying that I had ever threatened anyone with violence and knowing that I had not seen any of the defendants or office staff or spoke to any of the defendants in over 8 months, they filed a SLAPP Work Place Violence Restraining Order."

   Mr. West:  "Another LIE.  We have the proof of service from a professional process server that proves she was served.

   They even charged CCLTOA extra having to hop over their always locked gate."

    Mrs. West;  " In  ***** ****'s Special Motion to Strike Declaration, he committed perjury.  Every word of his Declaration is a lie.

   And, the staff he refers to in the Declaration have been either fired by Mr. **** or quit.

   What I do know is that in a friendly phone conversation I had with Mr. **** when he first took over as President April 2011, he told me that ******* ******** was lazy and worthless and implied he was going to find a way to have her not there anymore."

   Mr. West;  " THIS IS TRUE. ******* ******** was stealing money from the HOA and abusing drugs.

   I didn't have the proof until a few months after I became president and then the rest of the board and I fired her.

    The board compiled pages of evidence and turned it over to the Sheriff.  While waiting for her conviction (that took months0 Mr. Meyers kept saying it was her "first amendment rights" to spread lies about me and the rest of the board saying things like ;We had something to do with it, etc, etc.

    The list goes on and on.  Mrs. Meyers kept harassing the office staff and board via email aaand even calling the sheriff to report crimes that didn't even take place.

   The Sheriff came out to take reports of crimes that Mrs. Meyers reported, it was constant harassment.

   She even sent an email saying she was going to have us all HUNG.  Yes, we have proof of this and more. It's in the court documents.

    At that point we attempted to have a Workplace Restraining order placed against her so that she would stop harassing the office.

   She was served and then Never showed up to court.  The Judge deemed that because there was no threat of Physical Violence he couldn't grant the order.

   So that case was dismissed. No action was ever taken against the Meyers."

   Mrs. Meyers:  "   I do know that per CCLTOA Bylaws he was her only supervisor. I do know that ***** ****  brother was made the Webmaster for CCLTOA."

    Mr. West:  "Yes, this is true. Brad West updates the CCLTOA Website."

     Mrs. Meyer:  " Other Facts I know;

   1.  According to the Sheriff's Investigation Report that my husband had routed to him, the so-called embezzled money was only taken starting when ***** **** became President in April.."

    Mr. West;  "AGAIN MORE LIES, the money was taken starting 2 years back from the old board and stopped 2 months after I became President.

   At our October budget meeting when the new board opened up the books and did the budges, is when we discovered what was going on.

   After we made our discovery and turned over all the paper work to the Sheriff, we had a homeowners meeting to tell all the members what we discovered and we also printed all our findings in a full accounting in our newsletter.

    The board hid nothing from the members. By the Way, the Meyers never attended this meeting.

   You would think people so hungry for "the truth" or Answers would attend to ask questions, etc.

    You see they don't seek the truth. All Meyers wants to do is 'yell fire in a movie theater'.

   Mrs. Meyers;  "...and continued when Defendants' ****, *******, ******* and ***** both had access to this function - transferring money to *********s account - on CCLTOA's computer program.

   2.  The Board claimed they did their own internal audit and found ******* guilty of taking the funds.

   No outside independent auditor was employed!  ******** claims they set her up. I believe her."

    Mr. West;  " Again, More lies. Our insurance company looked over all the paperwork as well as our CPA.

   Our insurance companies independent audit found no other  involvement other than *********.

   Remember, we had a policy that covered employee theft, so it was in their interest to go through our claim with a fine tooth comb.

   So now we have had 3 independent agencies go through the case. The Calaveras Sheriff, our CPA,  and our Insurance Company  have all looked through all the documents and they have all come up with the same verdict.

   ******** did it alone, but the Meyers, who have never come down to look through anything or attend an informational meeting somehow know more than all of us!!!  Are you starting to see a pattern?"

     Mrs. Meyers: "Defendant ***** ****** and defendant ***** ***** allowed three  fraudulent elections 2011, 2012, 2013 which will to be addressed.in my New Malicious Prosecution lawsuit."

   Mr. West;  " Again, MORE LIES. What proof do you have that any of the elections were fraudulent..  Just because you and your husband didn't win and were the lowest vote getters doesn't mean they were fixed or fraudulent."

    Mrs. Meyers;  "I STILL WANT TO SETTLE."

    Mr. West;  " Oh, I bet you do after causing up to $40,000 in legal drama for the HOA I can see you want to settle and pay nothing. Sorry, too late for that.

   I guess your kind of Freedom of Speech isn't FREE."

   Mrs. Meyers:  "I am asking for no money from the defendants."

    Mr. West;  " I guess since you dropped your lawsuit for 1.4 million dollars we should all feel lucky?:

    Mrs. Meyers:  "or Philadelphia  Insurance.  CCLTOA still refuses a settlement agreement. Philadelphia Insurance will pay their costs and fees, yet they still want to have an illegal Special Motion To Strike hearing and want a judgment against me for $18,500 without my being able to go on the stand and be heard."

    Mr West;  "Copper Cove asked you 'The Meyers" to drop your Frivolous law suit before we prepared to defend.

    You decided to take it all the way and then pull your law suit at the last minute, kind of like how 'Lucy pulls the ball away from Charlie Brown".

   You did it to cause    "financial   terrorism. You knew it would cost the HOA to defend so you bluffed your way all the way to the court house steps.

    When you had your day in court, the one you kept asking for, you were found GUILTY and asked to pay up!!

   You now have a $22,000 judgment against you. How much further do you want to take this?"

   Mrs. Meyer:  " How much more malicious can you get? I believe the last thing CCLTOA defendants want is for me to have my day in court.

   The last thing these defendants want is my calling witness after witness who are all members of CCLTOA and eager to tell a jury what CCLTOA has done illegally for at least twenty years.

   And the very last person they would want on the stand is the woman they sent to prison, ******* ********. She would be my first witness."

     Mr. West:  "******* ******** your first witness/  Case Closed."

4 comments:

Anonymous said...

Wow, Mrs. Meyer's sounds like a sore loser. And to think that her husband is going to be running for Judge. Shouldn't he be letting her in on the law...or maybe he doesn't know it himself??? Food for thought Calaveras County voters!!!

Anonymous said...

I'm sure when The Meyers don't win the district 1 election they will cry foul!
This type of crazy rant is the exact type of stuff the Meyers did to the HOA. The quote "I reject your reality and insert my own" seems to apply with the Meyers.

Anonymous said...

In my opinion the Meyers should change his name and her name from Thomas & Marilynn Meyers to "Thomas & Marilynn Liar's" that way at least the name would be in line with what comes out of their mouth.

Anonymous said...

Really embarrassed for the sane residents of CCLTOA. We deserve better than this drama from our board, those speaking for the board and particular residents.