Jennifer
Marshall
Temporarily
Self-Represented
SUPERIOR COURT OF
THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
|
Plaintiff,
v.
JENNIFER
MARSHALL,
Defendant
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DEFENDANT’S
REPLY IN OPPOSITION TO PLAINTIFF’S SUPPORT OF PLAINTIFF’S MOTION TO STRIKE
AND CONCURRENT DEMURRER
DECLARATION
OF JENNIFER MARSHALL
Date:
August 1, 2018
Time:
8:30 AM
Notice
of Intent to Appear by Telephone by JENNIFER MARSHALL
|
TO
THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD:
Defendant JENNIFER MARSHALL hereby
respectfully submits this REPLY in OPPOSITION of
PLAINTIFF’S
DEMURRER, concurrently filed with a MOTION TO STRIKE.
INTRODUCTION
1. I, JENNIFER MARSHALL am the DEFENDANT
in this action and I am currently forced to be in pro per but I am not
qualified to represent myself and I am suffering mentally and physically due to
the prolonged and illegal actions of PLAINTIFF. I am a victim of crime.
PLAINTIFF has committed crimes that have destroyed my life and the life of my
autistic son JAMES MARSHALL.
2. DEFENDANT has failed to file and
serve an OPPOSITION in a timely manner because to do so would have endangered
the life of her autistic son JAMES MARSHALL. Our local police can be called
upon to testify in court that JAMES MARSHALL has been suffering from toxic
stress as a result of his living conditions caused by PLAINTIFF and that they,
the police had to explain to new neighbors that JAMES MARSHALL is screaming
nonstop, suffering insomnia, exhibiting severe separation anxiety to the extent
that he screams if his mother is not visible to him and the police have
witnessed JAMES MARSHALL in this state of toxic stress and have witnessed that
the condition the house is in as a result of PLAINTIFF disrupting mold
remediation and blocking DEFENDANT’S access to equity for JAMES MARSHALL’S
badly needed DENTAL SURGERY as well as restoration of JAMES MARSHALL’S home so
that it is safe to live in again. The state of the home is frightening for an
adult and completely overwhelming for an autistic person. The police kindly
asked DEFENDANT if there was anything they could do. DEFENDANT replied that
doctors reported that they felt as if their hands were tied and they were at a
loss what to do because the problem is environmental, being caused by an
outside force and we are all powerless to make PETERSEN DEAN stop this
immediately, we are trapped in a long process that is ripping JAMES MARSHALL apart.
The police have witnessed the frightening looking environment that is
distressing JAMES MARSHALL so badly and said they would explain to concerned
neighbors that JAMES MARSHALL was not being assaulted, that he is in pain but
unable to take pain medications and sedatives due to allergic reactions and
that the source of his pain cannot be addressed until this legal case is
resolved, allowing access to home equity to pay for his surgeries not covered
by MEDICARE/MEDICAL. DEFENDANT and her son have to try to hang in and stay
alive. The police can testify that they witnessed that it is impossible to have
a complex conversation, to do paper work or read while JAMES MARSHALL is in
this state and that to attempt to do so would be endangering JAMES MARSHALL’S
life and a criminal offense of unjustifiable neglect. In this state JAMES
MARSHALL attempts self-injury. The entire neighborhood is aware of JAMES
MARSHALL’S suffering, his fear of his own home and his being trapped in limbo
regarding his dental surgeries. When new people moved into the neighborhood,
they called the police because the intensity and months of duration of JAMES
MARSHALL’S screams frightened them.
DEFENDANT’S son has had a few days of
calm and DEFENDANT immediately called attorneys to request representation. With
each call, JAMES MARSHALL showed signs of increased anxiety and began clapping
his hands nonstop, which he does before he regresses into full on head-banging.
DEFENDANT spoke to ROMAN E. DARMER of the law firm of JONES DAY. MR DARMER
heard JAMES MARSHALL crying for DEFENDANT not to talk on the phone, not to talk
about this case. The mere act of discussing this case drives JAMES MARSHALL to
scream and hurt himself. He has also become terrified of people talking to his
mother. He reacts as if everyone might hurt us as PLAINTIFF has. MR. DARMER of
JONES DAY put us in contact with PUBLIC LAW CENTER. I reported to PUBLIC LAW
CENTER that I was also beginning to show signs of toxic stress myself, that I was
forgetful, experiencing shortness of breath, dizziness and constantly fighting
off a feeling of utter dread and panic
that we will lose our home, that I felt I was also succumbing to the YEARS of
unrelenting stress. While PUBLIC COUNSEL and BET TZEDEK has not been able to
help us because they are inundated with homeowners who have been scammed like
we have been, fortunately PUBLIC LAW CENTER was able to begin the intake
process and will try to match us with a PRO BONO attorney. I am on my last leg.
I will not survive without help. I do not know how my son JAMES and I survived
approximately two years of this unjustified abuse from PLAINTIFF. LEIGH E
FERRIN, Directing Attorney, Consumer Law & Pro Bono of PUBLIC LAW CENTER,
601 Civic Center Drive West, Santa Ana, CA 92701 told me that unfortunately she
would not be able to match us with a pro bono attorney in time for the AUGUST
1, 2018 hearing. MS FERRIN said she would need several weeks. Therefore, I
respectfully ask that the court grant additional time for MS FERRIN to process
and match us with the correct attorney for our case.
3. Furthermore, as DEFENDANT believes
PLAINTIFF is guilty of serious crimes, she asks the court to consider that
PLAINTIFF is so keenly desperate to avoid a trial by jury because PLAINTIFF
knows full well that the discovery process will unearth those white collar
financial crimes. PLAINTIFF has exhibited patterns of behaviors that suggest
consciousness of guilt and a burning need to avoid discussing any of the
details of the extremely strange and illegal financing of 2016. PLAINTIFF
simply wants the court to fork over DEFENDANT’S home to them and be done with
it. DEFENDANT has expressed her concern that GEORGE K MILIIONIS is guilty of
crimes in a complaint to the STATE BAR which is attached as EXHIBIT A.
DEFENDANT also begs the court to consider PLAINTIFF’S brazen disregard for
human life, the eagerness to mow down innocent human beings to cover up a
sloppy tax credit scam and avoid justice.
4.
In response to PLAINTIFF’S item 2 of DECLARATION OF SAM KARIMZADEH IN SUPPORT
OF PLAINTIFF’S MOTION TO STRIKE AND DEMURRER TO DEFENDANT’S THIRD AMENDED
ANSWER, I JENNIFER MARSHALL agree that I did ask to communicate via email only
because my autistic son JAMES MARSHALL becomes upset when this case is
discussed verbally and because on many occasions in 2016, many different men
who worked for PETERSEN DEAN began calling me and working on me verbally for
many months and it was a horrifying experience. To avoid a repeat of such
abuse, I felt it would be safer if everything was in writing. The court will
notice there are no specific settlement offers presented to DEFENDANT by
PLAINTIFF. If this had been done verbally, DEFENDANT strongly suspects
PLAINTIFF would claim they made many good offers and that I turned them all
down.
5. In response to item 3 of the DECLARATION of
SAM KARIMZADEH, I did not understand the law well enough to make an informed
response and that is why I asked the court for more time to search for an attorney.
The saying that a person who represents them self has a fool for a client is
based on solid truth. I am only representing myself until I can find help. I do
not know how to properly answer a complaint. PLAINTIFF wants me to do the work
anyway and pressures me to focus on doing work I am not qualified to do rather
than use what precious few moments of time I have when my son is calm enough to
search for an attorney instead. It is clear that PLAINTIFF does not want me to
find an attorney. PLAINTIFF is also aware of what crimes they have committed
and they know full well that most small firms cannot afford to take a case like
this. PLAINTIFF is fully aware that they have harmed my son JAMES MARSHALL and
that this also makes it harder to focus on searching for an attorney since the
time needs to be spent seeking medical and emotional help. PLAINTIFF has
discussed JAMES MARSHALL with their insurance CAP SPECIALITY (since they filled
his lungs with stucco powder on November 2, 2016 and began engaging in deliberately
frightening us) because they wish not to be liable to what is happening to him
as a result of their actions.
6. In response to item 4, the pressure
SAM KARIMZADEH placed upon me to have a settlement conference to narrow the scope
of the case when in fact justice can only be served by expanding the scope of
the case was palpable. Again, PLAINTIFF is in a very big hurry to take our home
away from us without getting into the details of what exactly happened in 2016.
I did not want to be railroaded. I was very concerned about the lack of any
real communication. PLAINTIFF wanted to publish in a newspaper instead of
serving me a copy of the complaint. To this day the only complete copy of the
compliant I have is the one I purchased with my fee waiver. I made the mistake
of TRUSTING that the copy PETERSEN DEAN emailed to me THE DAY MY ANSWER WAS DUE
was a complete copy. Since the copy I got from the court was a hard copy, I
forwarded the emailed copy of the complaint to THE PUBLIC LAW CENTER when they
requested that I send a copy. To my shock, I received an email from PUBLIC LAW
CENTER informing me that the emailed copy of the COMPLAINT BC661819 was
incomplete, most of it was missing. I told PUBLIC LAW CENTER I was sorry, that
I never realized it was in incomplete copy because I never had occasion to rely
on it because it was sent to me so late, on the very day my answer was due. I
had used the copy I purchased from the court to answer the complaint. This is a
prime example of the dirty tricks PETERSEN DEAN plays and played since 2016.
PETERSEN DEAN is desperate to avoid a trial by jury because when all the dirty
tricks are paraded out in front of a jury there will only be one conclusion to
be had and that is that PETERSEN DEAN is in the business of dirty tricks and
they don’t care if people suffer and die because of it. In 2016 PETERSEN DEAN
employees BRAGGED about how GEORGE MILIONIS would mow us down, how it was
hopeless and I should just sign the document they wanted me to sign.
6. In regards to MR KARIMZADEH’s Item 5.
Yes, the documents are forgeries. The electronically generated initials and
signature were not my handwriting and the amount of money in the contracts the
signatures were deposited on was not the amount of money I agreed to. Even
after I found out about the incorrect amounts, PETERSEN DEAN employees engaged
in more trickery and kept trying to convince me I was still getting the $10,000
off as part of the free roof for going solar package even if it didn’t look
that way. It is forgery. I will swear to this under oath.
7. In regards to MR. KARIMZADEH’S Item
6. I do not understand item 6 and have requested time to find an attorney
because there is so much I do not understand regarding case filings. I cannot
put my son’s life in further danger by neglecting him to attempt to do
something I clearly am not qualified to do. I did not ask for months, I asked
for until August 1, 2018 in my previous filing, praying to God that somehow, some
way I would be able to take care of JAMES and seek an attorney too. I came very
close to the deadline I asked for. PUBLIC LAW CENTER said they would need
weeks, not months, to process my intake, review the case filings and find a
match. Again, I must emphasize that most of the legal aid organizations are
swamped with solar scam victims, tax credit scam victims. PLAINTIFF is aware of
this and counting on it. PLAINTIFF has no intention of winning this case on the
merits of the case because PLAINTIFF knows full well they committed crimes. The
day I talked to JONES DAY law firm I apologized and warned them my son would
grow increasingly agitated the longer I talked and that I couldn’t call back
later because it would still happen. I told them I would email information and
talk as fast as I could but I wouldn’t be able to talk long. JAMES screams for
weeks on end. This started in fall 2017 when we were forced to move back into
our gutted house because we ran out of hotel money. The first night we spent in
the gutted house James screamed so loud the neighbors thought someone was being
murdered. The doctors were at their wits end as to what to do about an
environmentally caused stress with no end in sight. Since we finally have some
hope, I respectfully ask the court to grant PUBLIC LAW CENTER time to process
us.
I
declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed
on this 26th day of July, 2018
SIGNED__________________________________
JENNIFER MARSHALL
EXHIBIT A
STATE BAR OF CALIFORNIA
Complaint Review Unit
Office of The General Counsel
180 Howard Street
San Francisco, California 94105-1617
July 24, 2018
Inquiry Number 18-20383
Dear State Bar of California Complaint Review Unit,
I respectfully request a review my three separate complaints
regarding three separate attorneys that got lumped together as one. I believe
the more serious complaint is the one against Attorney George Milionis and that
lumping him with less serious offenses was a mistake. Perhaps the mistake was
mainly mine for reporting unprofessional behavior of two attorneys from the
same firm at the same time I reported what I believe to be the criminal
behavior of George Milionis.
Mr. Milionis is deliberately abusing the MECHANICS LIENS
process and using the process as his personal tool to avoid detection of
PETERSEN DEAN and HERO FINANCING’S multiple wrong doings and to cover up financial fraud PETERSEN DEAN committed
with HERO FINANCING when they acted as HERO’S unlicensed broker.
As per the enclosed HOMEOWNER’S GUIDE TO PREVENTING
MECHANICS LIENS, there is a LIEN REQUIREMENTS CHECKLIST. Mr. George Milionis
knows full well he did not meet those requirements. He is aware he is not using
MECHANICS LIENS correctly for the purpose that they exist for. MECHANICS LEINS
used to cover up a crime is nefarious and such an attorney should not be
allowed to continue committing financial crimes with impunity.
Mr. Milionis knows that a
job must be completed before he can place a MECHANICS LIEN. In June 2018
Petersen Dean paid a $500 citation (Copy of Citation enclosed) to the CSLB for
not removing and replacing rotten wood, for covering rotten wood with new
shingles, for not doing the work they were hired to do up to standard. That
citation will remain on Petersen Dean’s record for five years and yet Mr.
Milionis shrugs it off as if it is nothing because the fine was laughably small
and he can still leave the work unfinished, still leave rotten wood under the
new shingles, still remove the financing and demand more money than was agreed
for the job and still file Mechanics Liens to cover up the financial fraud.
Petersen Dean and George Milionis flaunt their lawlessness in your face, in the
court’s face, in my face. Mr. Milionis clearly feels he may act with impunity
and that the laws that apply to others do not apply to him and his client
PETERSEN DEAN.
Mr. Milionis knows the CSLB Lien Checklist requires that the
homeowner must accept the improvement
and be using the improvement and he
knows the job was never completed, that the homeowner did not sign off the
completion documents with HERO FINANCING because was never completed in 2016. The
solar panels were never turned on all these years. DWP never inspected the
panels. Both HERO and PETERSEN DEAN agreed to remove the solar panels after
H&R Block indicated that I most certainly would not receive $10,000 tax
credit because as a senior citizen caring for my adult autistic son, we do not
pay taxes. Mr. Milionis decided to withdraw the HERO FINANCING and pretend it
never existed and he proceeded to deliberately misuse the MECHANICS LIEN
process to cover up financial fraud that had become noticed by the homeowner’s
tax preparer Mr. Martin of H&R Block.
I believe many of the actions of Mr. Milionis rise to a
criminal level.
The other two SEPARATE complaints against Mr. Karimzadeh and
Mr. Mendoza, (all three given the same INQUIRY NUMBER) are for unprofessional
conduct and do not rise to a criminal level. Lumping all three separate
attorneys under one INQUIRY served to water down the very serious complaint
against George Milionis. Mr. Mendoza was toying with me. Mr. Karimzadeh was
faking having communication with me just so he could say he tried but I
wouldn’t’ cooperate. He made no real effort to discuss the case with me. Who
sues a person then refuses to communicate with them?
Mr. Karimzadeh was unprofessional and did not make any true
effort to have a legitimate meet and confer with me. He wanted Judge Murphy to
believe true communication was offered but in his emails to me you can clearly
see no real settlement offers were discussed, no mention of the financing was
discussed. Mr. Karimzadeh limited his communication to trying to manipulate me
to give up my right to a trial by jury. He refused to discuss any details of the
case with me. That is not an opinion. That is supported by his emails, our only
means of communication. The emails do not show any good faith discussion of the
case and the financing. Mr. Mendoza asked questions about the incomplete
work….questions he knew the answer to because the CSLB citation made it
clear…and he was not the attorney of record. Mr. Karimzadeh did not discuss the
incomplete work, the rotten wood under new shingles, the removal of the solar
panels or ANY of the details of the financing and the case. He stubbornly
refused to discuss the financing that had vanished into thin air. Where did the
HERO financing go? Why is PETERSEN DEAN allowed to get rid of HERO and call for
$34,000 cash ($10,000 more than agreed) without financing and without finishing
the job?
Mr. Mendoza emailed me until I told him to stop. There was
no reason for him to contact me at all, even once, ever. Mr. Karimzadeh is the
attorney of record and it was his job to tell me anything that Mr. Mendoza told
me. I only answered Mr. Mendoza because I thought he acted like he was taking
over the case for Mr. Karimzadeh. These two men both behaved unprofessionally.
I filled out separate complaints for each attorney because no attorney deserves
to be lumped together and accused of another attorney’s behavior and actions.
Especially when those actions of one individual rise to a criminal level.
I believe George Milionis is a criminal and that he has done
great harm to many homeowners in the State of California. Please separate his
Inquiry from the other two nuisance complaints for attorneys acting
unprofessionally and take a second look at the actions of George Milionis.
It is my opinion that George Milionis should not be
practicing law in the State of California in light of how he has blatantly,
undeniably, deliberately abused the MECHANICS LIENS process. Mr. Milionis is
making up his own MECHANICS LEINS laws as he goes along. He changes the
MECHANICS LIENS law to suit his need and uses it as a weapon to control and
intimidate people, wielding the threat of the MECHANICS LIENS in writing to force signatures from
homeowners long before the job is
finished, YEARS before the job is finished in this case. Mr. Milionis helps
PETERSEN DEAN broker HERO FINANCING without a license and revokes the financing
and demands instant cash payment in full,
more money than agree upon and with no
financing if someone (in my case H&R Block) discovers the property tax financing fraud in
progress.
Please take a second, closer look at this.
Thank you for considering this matter.
Sincerely,
Jennifer Marshall
COPY OF LETTER SENT TO PETERSEN DEAN AS PER CSLB BOOKLET:
FROM: Jennifer E. Marshall
April 9, 2017
VIA CERTIFIED MAIL
TO: Petersen Dean, Inc.
39300 Civic Center Drive, Suite 300
Fremont, California 94538
RE: INVALID LIEN 20170093119
INVALID LIEN
29170093193
Dear Petersen Dean, Inc,
I was not served a copy of the two liens in question. I
purchased copies from the courthouse in El Segundo, California via check and
have the receipt.
Both liens are invalid because they do not adhere to the
strict time frames and lien requirements.
Both liens are invalid because the job was abandoned by you
on November 2, 2016.
The work and necessary repairs were not completed. The
stucco powder you refused to hire Building Cleaning Services or any other
reputable cleaning service to remove has drifted and contaminated the entire
house making it uninhabitable. Numerous contractors interviewed to rebuild the
kitchen refused to enter the house until the stucco powder is remediated as it
made them instantly feel sick. I suffered a bloody nose, sore throat and
burning eyes. My autistic son James developed a severe lung infection. Assurant
Insurance paid for air quality testing of the entire house. The powder you
refused to remove from my son’s room on November 2, 2016 has contaminated the
air vents and the carpeting and is everywhere now. The mold remediation being
done in the kitchen by Assurant was disrupted by your abandonment of the job on
November 2, 2016 and put on hold until you made the air quality safe again,
which you still have not done.
The solar panels are not in use. You agreed in writing to
remove the solar panels after H&R Block examined your figures and
determined that I would not receive ANY of the savings, that it was a tax
credit scam. You did not remove the panels as agreed. The roof is creaking and
you did not fix that or any of the items you previous agreed to repair. A
complete list of everything you didn’t finish and left in disrepair is attached
to the CSLB claim and is being verified by the Contractors State Licensing
Board Case Number: SF20169935.
I hereby request that you immediately remove both of the
invalid liens. If I have to hire an attorney to make you remove the invalid
liens, I am instructed to remind you that I am entitled to be awarded all
reasonable attorney fees.
Sincerely,
Jennifer E. Marshall
I SENT PETERSEN DEAN THE ABOVE CERTIFIED LETTER AS PER THESE
CSLB INSTRUCTIONS:
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