SUPERIOR COURT OF
CALIFORNIA
COUNTY OF LOS
ANGELES
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PETERSEN-DEAN,
INC.,
Plaintiff,
v.
JENNIFER
MARSHALL,
Defendant(s).
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PROPOUNDING PARTY: PLAINTIFF, PETERSEN-DEAN, INC.
RESPONDING PARTY: DEFENDANT, JENNIFER MARSHALL
SET NUMBER: ONE
(1)
Defendant Jennifer Marshall (“Defendant”)
hereby responds to Plaintiff’s Form Interrogatories, Set One as follows:
/ / /
/ / /
/ / /
PRELIMINARY
STATEMENT AND GENERAL OBJECTION
1.
The
information provided in Defendant’s responses to Plaintiff’s Form Interrogatories,
Set One (“Interrogatories”) does not constitute any admission by Defendant that
such information is relevant to the pending litigation. Defendant reserves all objections to the
relevancy or admissibility at trial, or in connection with any motion, hearing
or other proceeding, of any information provided herein.
2.
Defendant’s
discovery, internal investigation and preparation for trial in this matter are
not completed as of the date of these responses. Information produced at this time is based solely
upon such information as is presently known to Defendant. Further discovery and investigation may
reveal information not presently known to Defendant, and upon which Defendant
may rely at time of trial. Therefore,
the following responses are given without prejudice to Defendant’s right to
produce subsequently discovered evidence and introduce same at the time of
trial.
3.
Defendant
reserves the right, without assuming any obligation not required by law, to
amend or supplement her responses to Plaintiff’s Interrogatories to reflect
information acquired through further discovery or other means. Defendant expressly incorporates this
preliminary statement into each and every of the following responses.
4.
These
responses are given without prejudice to Defendant’s right to expand, modify or
otherwise change these responses as may be appropriate. As discovery is ongoing, Defendant reserves
the right, but not the obligation, to supplement these responses as additional
facts are discovered.
5.
Notwithstanding
the specificity of Defendant’s responses to the individual numbered Interrogatories
in this set, Defendant expressly incorporates this Preliminary Statement and
General Objection by reference as though fully set forth into the responses to
each and every numbered Interrogatory in this set. Thus, if any objection contained above is not
restated under the specific response to an individual Interrogatory, this
should not be construed as a waiver of any of the objections not restated
below.
/ / /
FORM INTERROGATORY NUMBER 1.1:
State
the name, ADDRESS, telephone number, and relationship to you of each PERSON who
prepared or assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone
who simply typed or reproduced the responses).
RESPONSE TO
INTERROGATORY NUMBER 1.1:
Jennifer Marshall
1328 Abraham Terrace, Harbor
City, CA 90710
FORM INTERROGATORY NUMBER 50.1:
For each
agreement alleged in the pleadings:
(a) identify each DOCUMENT that
is part of the agreement and for each state the name,
ADDRESS, and telephone
number of each PERSON who has the DOCUMENT;
(b) state each part of the
agreement not in writing, the name, ADDRESS, and telephone
number of each PERSON
agreeing to that provision, and the date that part of the agreement was made;
(c) identify all DOCUMENTS that
evidence any part of the agreement not in writing and for
each state the name,
ADDRESS, and telephone number of each PERSON who has the DOCUMENT;
(d) identify all documents that
are part of any modification to the agreement, and for each state
the name, ADDRESS, and
telephone number of each PERSON who has the DOCUMENT;
(e) state each modification not
in writing, the date, and the name, ADDRESS, and telephone
number of each PERSON
agreeing to the modification, and the date the modification was made;
(f) identify all DOCUMENTS that
evidence any modification of the agreement not in writing
and for each state the name,
ADDRESS, and telephone number of each PERSON who has the DOCUMENT.
RESPONSE TO INTERROGATORY NUMBER 50.1:
a-1) HERO FINANCING APPLICATION DOCUMENTS dated 8/27/2016,
email titled: Info Needed -HERO Application Marshall, HEROID: CA037123518. All parties have copies.
PETERSEN DEAN has copies. HERO/RENOVATE AMERICA generated the document and
emailed it to me on 8/27/2016. A copy is filed with the court in case BC661819.
A copy of this document was sent to the Department of Justice, the CSLB, the
CFPB and the DCBA, LOS ANGELES COUNTY. This application was the ONLY
application I filled out regarding the proposed project of the roof and solar
package. I was completely candid about my financial status and it was only my
intention to go solar if I could save money by going solar. My ONLY motive for
going solar was to save money. I did not buy the air-conditioning HERO’S
contractors gave me an estimate for because I could not afford it. The
excessive size of the solar panels PETERSEN DEAN put on my roof looked like
enough to power the whole neighborhood and made no sense because I did not opt
to go forward with the air-conditioning.
All parties understood that I could not qualify for regular
financing because my credit score was approximately 420, my income was fixed IHSS and my son was on SSI due to his
disability. It was completely
understood by all parties of HERO FINANCING and PETERSEN DEAN that I am a
senior citizen and a single mom / care-provider. At no time during this process
was I informed by HERO/RENOVATE AMERICA employees or PETERSEN DEAN employees
that they knew I was not a candidate for going solar via property tax
financing, that doing so would cause an extreme financial hardship that would
last the rest of my life and result in the loss of our home. They knew. It
would be impossible for them to operate their business without knowing this
information. They know what tax brackets are and are not eligible for the solar
rebates that they portray as part of their financing deal when in fact these
rebates are NOT in the financing deal and should not be falsely claimed as a
“free roof for going solar” deal.
The proper title for the PETERSEN DEAN deal, to avoid false
advertising, would be:
“Free Roofs for Going Solar ONLY for Millionaires In The
Proper Tax Bracket, who lie to the IRS like we told you to and list the roof
cost as part of the solar cost. Uncle Sam won’t notice. Wink-Wink. PS: If you
are a senior citizen on fixed income, you are going to lose your home a year
after you sign off with us, boy are you in for a surprise, sucker! LA County can’t keep up with us and the
beauty is they are going to be the ones who take your home after we are long
gone! Ha-Ha-Ha!”.
Not only did HERO/RENOVATE
AMERICA fail to inform me that getting the roof and solar package through HERO
FINANCING would be a dangerous mistake, I have documentation that HERO also
urged me to get a new door and an air-conditioner through their SEARS
contractor and their HOME DEPOT contractor. HERO urged me to spend every penny
of the equity in my home. I refused. I told them that I only accepted the
agreement to spend $20,000 on the roof and solar package because I needed the
rest of the equity for my autistic son’s dental surgeries that were not covered
by his insurance and to keep my home loan from being upside down. In fact,
HERO/RENOVATE AMERICA employees coaxed and urged me to commit financial
suicide, to spend every single penny of the KEEP YOUR HOME CALIFORNIA equity
that was granted to my OCWEN home loan. EVERYTHING I was told about how much
the project would cost and how much I would save by going solar was untrue.
I cannot emphasize this fact enough: ABSOLUTELY EVERYTHING I
WAS TOLD BY HERO FINANCING AND THEIR UNLICENSED BROKER PETERSEN DEAN WAS
UNTRUE, ABSOLUTELY ALL OF IT. At the time I did not
know PETERSEN DEAN did not have a license to broker HERO/RENOVATE AMERICA
financing. At the time I did not know and nor was I informed by HERO or
RENOVATE AMERICA that I was not a candidate for property tax financing, a fact
both HERO/RENOVATE AMERICA and PETERSEN DEAN knew because they were both
advised of my finances and could come to no other conclusion with the
information they had. They both refused to share that information with me
because they wanted me to spend all the equity in my home even if it destroyed
our lives. There is no way that PETERSEN DEAN and HERO/RENOVATE could claim
ignorance of these facts of their trade. They
knew.
These HERO APPLICATION
documents and emails are critical documents because no work would have been
started if I did not apply for property tax financing through HERO/RENOVATE
AMERICA. PETERSEN DEAN does not possess any other financing applications from
me because I only applied for financing through HERO/RENOVATE AMERICA. DAVE
SHANHOLTZER was keenly aware that I could not qualify for regular financing
because of my credit score, debt ratio and fixed income. I discussed this at
great length on several occasions with MR. DAVE SHANHOLTER of PETERSEN DEAN and
again with HERO FINANCING. There is no way that what happened was accidental.
PETERSEN DEAN and HERO FINANCING both deliberately conspired and committed
financial fraud on purpose. They did not lack the information needed. They were
fully aware that I was not a candidate for property tax financing but they kept
that information to themselves and fully expected me to find out the truth a
year after the SIGN OFF like most victims of this property tax financing scam
do.
I was told that
HERO/RENOVATE AMERICA destroyed a lot of documentation in 2017. While I cannot
say which HERO and PETERSEN DEAN employees kept or shredded or deleted copies
of these HERO APPLICATION DOCUMENTS, here is the list of employees who had
access:
HERO EMPLOYEES:
DAMON SHERMAN DSherman@heroprogram.com
(858)942-8857
KAREN LEON-BEHR kleon-behr@heroprogram.com
(858)605-4115
ROY GUTHRIE (877)747-4889
16409 West Bernardo Drive, San Diego, CA 92127
ROSS SOLORBERO (858)605-3925
D WACKER dwacker@heroprogram.com
C COSTELLO ccostello@heroprogram.com
TONYA (858)942-8808
PETERSEN DEAN EMPLOYEES:
HELENA SHI, SOLAR PROJECT
COORDINATOR hshi@petersendean.com
(510)946-2338
DAVE SHANHOLTZER,
714-309-0837 dshanholtzer@petersendean.com
VICTOR (951)376-4090
GEORGE MILIONIS 510-371-6555
GREG O’DONNELL godonnell@petersendean.com
JASON SMITH jsmith@petersendean.com
(611)414-7023
KYLE SMITH 661-209-7818
JILL TAMARU jtamaru@petersendean.com
JOSH TOFTELAND jtofteland@petersendean.com
LIONEL RODRIGUEZ lrodiguez@petersendean.com
951-276-4890
ROSE MONTES rmontes@petersendean.com
(408)797-1092
OTHERS:
SAMUEL LUQUIN, CA17-013771
DCBA LA COUNTY (626)293-1440 sluquin@dcba.lacounty.gov
JESSIE FLORES, CSLB
SF20169935 562-345-7671 jessie.flores@cslb.ca.gov
DEPARTMENT OF JUSTICE piu@doj.ca.gov piu.piu@doj.ca.gov
DEPUTY ATTORNEY, DOJ DESIREE
TULLENERS, 213-269-6298 desiree.tulleners@doj.ca.gov
PAT FRAMKE, CAP SPECIALTY pframke@capspecialty.com
(608)829-4256
TOM GOETZINGER CDI (800)927-4357
thomas.goetzinger@insurance.ca.gov
H&R BLOCK ADVISORS, JOHN
MARTIN (310)543-9688
WALTER SMITH, LADWP
213-367-6191 512.esr@ladwp.com
GLEN PANTALEON, LADWP
COMMUNITY SOLAR PROGRAM cps@ladwp.com
213-367-4869
BUILDING AND SAFETY, LADBS
213-473-3231
(a-2) HERO APPLICATION APPROVAL FOR $71,819.17 ID#
CA037123518 dated 9/12/16
This document is in response
to the ONLY application I made for financing for the roof and solar package.
This is the actual notice of approval. This is the ONLY approved financing for
the roof and solar work which is the subject of case BC661819.
As previously stated, I was
told that HERO/RENOVATE AMERICA destroyed a lot of documentation in 2017. I
held on to documents and emails that I had for dear life because it became
clear that PETERSEN DEAN, RENOVATE AMERICA/HERO FINANCING and CAP SPECIALTY
intended to deny anything that was not documented in writing. That is why PETERSEN DEAN resisted
correcting the contract to clarify the “free roof for going solar deal” and
tried to get away with talking and a chart instead. While I cannot say
which HERO and PETERSEN DEAN employees kept or shredded or deleted copies of
these HERO APPLICATION DOCUMENTS, again, here is the list of employees who had
access to their own copies and/or were emailed copies by me:
HERO EMPLOYEES:
DAMON SHERMAN DSherman@heroprogram.com
(858)942-8857
KAREN LEON-BEHR kleon-behr@heroprogram.com
(858)605-4115
ROY GUTHRIE (877)747-4889
16409 West Bernardo Drive, San Diego, CA 92127
ROSS SOLORBERO (858)605-3925
D WACKER dwacker@heroprogram.com
C COSTELLO ccostello@heroprogram.com
TONYA (858)942-8808
PETERSEN DEAN EMPLOYEES:
HELENA SHI, SOLAR PROJECT
COORDINATOR hshi@petersendean.com
(510)946-2338
DAVE SHANHOLTZER,
714-309-0837 dshanholtzer@petersendean.com
VICTOR (951)376-4090
GEORGE MILIONIS 510-371-6555
GREG O’DONNELL godonnell@petersendean.com
JASON SMITH jsmith@petersendean.com
(611)414-7023
KYLE SMITH 661-209-7818
JILL TAMARU jtamaru@petersendean.com
JOSH TOFTELAND jtofteland@petersendean.com
LIONEL RODRIGUEZ lrodiguez@petersendean.com
951-276-4890
ROSE MONTES rmontes@petersendean.com
(408)797-1092
OTHERS:
SAMUEL LUQUIN, CA17-013771
DCBA LA COUNTY (626)293-1440 sluquin@dcba.lacounty.gov
JESSIE FLORES, CSLB
SF20169935 562-345-7671 jessie.flores@cslb.ca.gov
DEPARTMENT OF JUSTICE piu@doj.ca.gov piu.piu@doj.ca.gov
DEPUTY ATTORNEY, DOJ DESIREE
TULLENERS, 213-269-6298 desiree.tulleners@doj.ca.gov
PAT FRAMKE, CAP SPECIALTY pframke@capspecialty.com
(608)829-4256
TOM GOETZINGER CDI
(800)927-4357 thomas.goetzinger@insurance.ca.gov
H&R BLOCK ADVISORS, JOHN
MARTIN (310)543-9688
WALTER SMITH, LADWP
213-367-6191 512.esr@ladwp.com
GLEN PANTALEON, LADWP
COMMUNITY SOLAR PROGRAM cps@ladwp.com
213-367-4869
BUILDING AND SAFETY, LADBS
213-473-3231
a-3) TWO COMPUTER-GENERATED CONTRACTS UNREAD BY ME WITH
COMPUTER GENERATED SIGNATURES AND INITIALS THAT ARE
NOT MY HANDWRITING. I did not approve these documents and I did immediately
protest them and immediately and repeatedly requested a corrected hard copy
that I could read before signing. I
was never given a corrected hard copy to review and sign. Copies of the
e-contracts or computer-generated contracts are filed with the court in case
BC661819. I have no idea how many versions of these contracts exist or who they
were distributed to. Eventually I was given a chart instead of a contract. This
chart supposed to satisfy me but my tax preparer H&RBLOCK immediately
warned me that this chart was evidence of a tax credit scam.
50.1 a-4) DOCUMENT TITLED: JENNIFER MARSHALL – SOLAR SAVINGS
WITH HERO FINANCING. December 17, 2016.
This is an important
document because PETERSEN DEAN AND HERO/RENOVATE AMERICA expected me to accept
it in lieu of a corrected hard copy of the contract that would clearly spell
out the deal I accepted and match the verbal agreement I had been given by DAVE
SHANHOLTZER of PETERSEN DEAN. This document was supposed to calm me down and
make me rest assured I was getting the deal I was told verbally that I was getting
even though the computer-generated contracts did not reflect that deal. This
document: “DOCUMENT TITLED: JENNIFER
MARSHALL – SOLAR SAVINGS WITH HERO FINANCING. December 17, 2016.” was supposed to convince me that I would
not be facing financial ruin, that this deal was indeed good for me, that I
would be better off than I was before going solar, that nothing bad was going
to happen. I was verbally lied to over a period of months September 2016 to
January 2017. BOTH PETERSEN DEAN and HERO refused to put the reassurances they
were telling me in writing, in the form of a corrected contract, just as SAM
KARIMZADEH currently refuses to put his settlement offers in writing and
tirelessly pressures me to get back into that dangerous “verbal only” situation.
(SEE EXHIBIT A.) The sheer number of
PETERSEN DEAN and HERO employees who repeatedly urged me to believe their
VERBAL promises and reassurances is proof that this is financial fraud and could
not have been an “accident”. The fact that Los Angeles and other California
counties are inundated and overwhelmed with similar property tax credit scams
precluded this from being a simple error or accident. This is premediated,
repeated financial fraud. My case differs from thousands of others in that I
found out DURING the scam instead of
a year after as is the usual,
preferred by PLAINIFF way.
PLAINIFF has called me
“belligerent” and other names for not accepting my fate as a scam victim.
PLAINTIFF, in the fall of 2016 had the unmitigated gall to verbally tell me
that they had me, that there was no way out, I was going to lose my house one
of two ways, so I might as well sign off and lose it the slower way with a year
to figure out what we were going to do and where we would go before the balloon
hit. These strange men indicated that if I went the other route, stood my
ground, I would be steam rolled, that there was no chance I could win and the
stress would be UNIMAGINABLE on my disabled son. They kept mentioning my son as
if he was a bargaining chip and I could make it easier on him if I would “SIGN OFF”. The men who called on
behalf of PETERSEN DEAN insinuated that I was a bad mom if I fought this scam. The
“we got ya’ so you might as well make it easy on your son’ attitude of
PLAINTIFF is further proof of criminality. My son’s illness would never have
been mentioned like that in a normal business negotiation. I was repeatedly
verbally warned via telephone by various thug like sounding PETERSEN DEAN men I
had never met that if they were the last chance for me to avoid something UNIMAGINABLE, that I better “SIGN OFF” because they would have to
turn me over to GEORGE MILIONIS if I didn’t. These men kept asking over and
over to meet me alone in person face to face. I did not know who these
men were. The terror of being talked to this way was what led up to my position
of insisting that all communication be in writing. We survived the housing
crisis of 2008. I have a perfect payment history on my HAMP home loan
modification of 2010 with OCWEN. There is no reason on earth my son and I
should lose our home due to having a home repair and improvement with HERO
FINANCING that we were PROMISED would SAVE us money.
I was pressured to meet
alone with PETERSEN DEAN men I had never met before, never heard of before, pressured
to meet strange men alone at the construction site because they said they felt
if they could be “face to face” with me they could “make me understand” that I
was getting the deal I had been promised and I would agree to sign off. They
did not want to meet me in the lobby of the San Pedro Police Station. I had
gone to the police because I was afraid. One of these men purred at me in a
sickening sweet voice, as if he was our very best friend, and feigned being
hurt that I did not trust him. I did not know him from Adam and did not want to
spend any time alone with him. It was as if he was taking the position that all
other women in the USA trusted him instantly, sight unseen and something was
wrong with me for not wanting to meet him. I did not want to meet him. The more
he pushed it, the more I did not want to meet him. I did not want a personal
loan of $500 from him to purchase stucco powder remediation materials from HOME
DEPOT with. I told this to the police because I knew none of this was normal
and I had to always make decisions that would keep my son and I safe. The
police told me not to meet any of these men alone at the work site.
The document titled: “DOCUMENT TITLED: JENNIFER MARSHALL –
SOLAR SAVINGS WITH HERO FINANCING. December 17, 2016.” was
supposed to convince to me it was safe sign
off on the deal proved the opposite. I showed the document, the “CHART” to
H&R BLOCK and was immediately warned that it was a tax credit scam, that it
was obvious I was not going to qualify for any of those savings that supposedly
were specifically charted out for my financial situation. This document is pure
fiction and evidence of the willingness of HERO/RENOVATE AMERICA and PETERSEN
DEAN to destroy lives as if people mean nothing at all. The ONLY thing PETERSEN
DEAN and HERO/RENOVATE AMERICA care about is if a home has any equity in it.
That is ALL they care about. They want that equity and they simply do not care
if they have to lie to homeowners, omit, conceal and withhold information to
get that equity.
PETERSEN DEAN and
HERO/RENOVATE AMERICA are conducting bald-faced equity grabs and they don’t
care if they cause countless senior citizens to die prematurely from the
unbearable stress of having their home taken away from them late in life when
it will cost more of their SSI checks to rent an apartment than it did to make
their house payment, IF THE SENIOR
CITIZEN VICTIMS OF THIS SCAM ON FIXED INCOME ARE FORTUNATE TO FIND AN APARTMENT
THEY CAN AFFORD. IF victims of this tax credit scam are fortunate enough to
find an apartment with rent as low as their house payment was, they most
certainly will lose a heart breaking amount of their appliances and possessions
that they cannot fit into the apartment. It will be an experience very similar
to having lost your home in a fire or other natural disaster, only this
disaster is a crime spree that is moving through California and other states
under-regulated and unchecked, un-survivable for some of the elderly, like a
natural disaster. Due to what appears to me to be blatant, “in your face”
criminality by GEORGE MILIONIS of PETERSEN DEAN in his “above the law” flagrant
misuse of MECHANICS LIENS without bothering to meet the requirements for the
filing of such liens, I have asked CRU, Complaint Review Unit of the Office of
the General Counsel of the STATE BAR OF CALIFORNIA to review GEORGE MILIONIS
separate from the lesser complaints against SAM KARIMZADEH and GARRET-MITCHEL
P. MENDOZA. I have requested that GEORGE MILIONIS be investigated for criminal
actions, fraudulent use of MECHANICS LIENS. I firmly believe that GEORGE
MILIONIS and employees of HERO FINANCING committed criminal acts. I am prepared
to file this accusation against GEORGE MILIONIS directly with the CALIFORNIA
SUPREME COURT because I believe the evidence is indisputable that the two
MECHANICS LIENS are invalid and were wrongfully and deliberately filed with the
intent to circumvent justice and get away with a property tax credit scam. I
will testify to this under oath, under penalty of perjury whenever necessary.
CAP SPECIALTY INSURANCE for
PETERSEN DEAN has taken the position that they will wait and see if PETERSEN
DEAN gets away with it. CAP SPECIALTY indicated that they will only take action
against PETERSEN DEAN if they are forced to. CAP SPECIALTY will not react to
obvious criminal behavior unless PETERSEN DEAN gets caught. The message was
loud and clear, CAP SPECIALTY has no problem with criminal activity unless the
criminal gets caught. Don’t get caught and you’re fine. Likewise, HERO’S “Senior Protection Program” was
supposed to protect me but it turned out not to exist, it was just a photo on
an ad on the HERO website and on twitter ads to seduce seniors into believing
they would be safe from contractor crime if they went with HERO FINANCING. It
was not even a real department. It was fictitious. A frustrated HERO employee
got tired of making up excuses to tell me and blurted to me after I had asked
for the “HERO Senior Protection Department” one too many
times, “There is no “HERO Senior
Protection Department”, it’s the same thing as “customer service” and they
already said they aren’t allowed to talk to you anymore”.
HERO FINANCING did not
contest the patently false information in this document titled: JENNIFER
MARSHALL SOLAR SAVINGS WITH HERO FINANCING DECEMBER 17, 2016. They stand by it
and so does PETERSEN DEAN and CAP SPECIALTY INSURANCE. This document if proof
of fraud.
As previously stated, I was
told that HERO/RENOVATE AMERICA destroyed a lot of documentation in 2017. I
held on to documents and emails that I had for dear life because it became
clear that PETERSEN DEAN, RENOVATE AMERICA/HERO FINANCING and CAP SPECIALTY
intended to deny anything that was not documented in writing. While I cannot
say which HERO and PETERSEN DEAN employees kept or shredded or deleted copies
of this document, again, here is the list of employees who had access to their
own copy and/or were emailed a copy by me:
HERO EMPLOYEES:
DAMON SHERMAN DSherman@heroprogram.com
(858)942-8857
KAREN LEON-BEHR kleon-behr@heroprogram.com
(858)605-4115
ROY GUTHRIE (877)747-4889
16409 West Bernardo Drive, San Diego, CA 92127
ROSS SOLORBERO (858)605-3925
D WACKER dwacker@heroprogram.com
C COSTELLO ccostello@heroprogram.com
TONYA (858)942-8808
PETERSEN DEAN EMPLOYEES:
HELENA SHI, SOLAR PROJECT
COORDINATOR hshi@petersendean.com
(510)946-2338
DAVE SHANHOLTZER,
714-309-0837 dshanholtzer@petersendean.com
VICTOR (951)376-4090
GEORGE MILIONIS 510-371-6555
GREG O’DONNELL godonnell@petersendean.com
JASON SMITH jsmith@petersendean.com
(611)414-7023
KYLE SMITH 661-209-7818
JILL TAMARU jtamaru@petersendean.com
JOSH TOFTELAND jtofteland@petersendean.com
LIONEL RODRIGUEZ lrodiguez@petersendean.com
951-276-4890
ROSE MONTES rmontes@petersendean.com
(408)797-1092
OTHERS:
SAMUEL LUQUIN, CA17-013771
DCBA LA COUNTY (626)293-1440 sluquin@dcba.lacounty.gov
JESSIE FLORES, CSLB
SF20169935 562-345-7671 jessie.flores@cslb.ca.gov
DEPARTMENT OF JUSTICE piu@doj.ca.gov piu.piu@doj.ca.gov
DEPUTY ATTORNEY, DOJ DESIREE
TULLENERS, 213-269-6298 desiree.tulleners@doj.ca.gov
PAT FRAMKE, CAP SPECIALTY pframke@capspecialty.com
(608)829-4256
TOM GOETZINGER CDI
(800)927-4357 thomas.goetzinger@insurance.ca.gov
H&R BLOCK ADVISORS, JOHN
MARTIN (310)543-9688
WALTER SMITH, LADWP
213-367-6191 512.esr@ladwp.com
GLEN PANTALEON, LADWP
COMMUNITY SOLAR PROGRAM cps@ladwp.com
213-367-4869
BUILDING AND SAFETY, LADBS
213-473-3231
NUMBER 50.1-(b) VERBAL AGREEMENT WITH DAVE SHANHOLTZER TO
ACCEPT PETERSEN DEAN’S “FREE ROOF IF YOU GO SOLAR PACKAGE” THAT DOES NOT SHOW
IN ANY WRITTEN CONTACT. VERBAL CONVERSATIONS WITH HELENA SHI ABOUT PREPERATIONS
TO REMOVE THE SOLAR PANELS THAT WERE REFERENCED AND DOCUMENTED IN EMAILS BUT
NOT WRITTEN INTO A FORMAL CONTRACT.
As stated, this agreement in
no way matched the two computer-generated documents that were SUPPOSED to be
the written form of this agreement. This was never corrected. I was given the
above mentioned “CHART” in lieu of a corrected contract that reflected the true
package I agreed to accept. Before the day was over I sounded the alarm to
anyone who would listen. I fully expected this to be corrected.
There were extensive phone
conversations between me and HELENA SHI about when PETERSEN DEAN would be
arriving at the property to remove the solar panels. There were emails
referencing the verbal agreement to remove the solar panels. Abruptly HELENA
SHI informed me she was no longer allowed to speak to me and no one gave me any
reason for or explanation of the sudden change of plans. MECHANICS LIENS were
filed upon my property the week the solar panels were supposed to be removed. I
was not served copies of the MECHANICS LIENS. I found out about the existence
of the MECHANICS LIENS from an attorney I consulted because both PETERSEN DEAN
and HERO had stopped communicating with me and I wanted to sue HERO as well as
PETERSEN DEAN. I had to purchase copies of the liens. I also had to purchase
copies of the SUMMONS and COMPLAINT because PETERSEN DEAN did not serve me and
when they did provide an emailed copy the day my answer to the complaint was
due, I found out from THE PUBLIC LAW CENTER that it was not really a copy of
the complaint. I had to send PUBLIC LAW CENTER a copy of the copy I purchased
from the court.
While I cannot say which
HERO and PETERSEN DEAN employees will risk their jobs and tell the truth or lie
under oath to protect their employment with PETERSEN DEAN and HERO/RENOVATE
AMERICA, I can say that not one PETERSEN DEAN OR HERO EMPLOYEE was honest with
me about the computer-generated contracts not matching the verbal deal of “free
roof if you go solar” offer I accepted being a serious problem. Every PETERSEN
DEAN employee and every HERO/RENOVATE AMERICA employee urged me to believe
there was nothing to worry about, that I was getting the deal that I initially
accepted verbally, that I was saving money by going solar with HERO/PETERSEN
DEAN. I was expected to believe that I was getting the “free roof if you go
solar” package even though there was no mention of that in writing anywhere.
The only honesty about the situation came in the form of a written letter from
an anonymous PETERSEN DEAN whistleblower employee who seemed very afraid of
being hurt by PETERSEN DEAN. That letter is filed with the court. Here is the
list of PETERSEN DEAN EMPLOYEES, HERO EMPLOYEES and OTHERS that I expressed my
concern to about the agreement never being properly put in writing and told how
I was worried that I was not getting the deal I was verbally promised I was
getting:
HERO EMPLOYEES:
DAMON SHERMAN DSherman@heroprogram.com
(858)942-8857
KAREN LEON-BEHR kleon-behr@heroprogram.com
(858)605-4115
ROY GUTHRIE (877)747-4889
16409 West Bernardo Drive, San Diego, CA 92127
ROSS SOLORBERO (858)605-3925
D WACKER dwacker@heroprogram.com
C COSTELLO ccostello@heroprogram.com
TONYA (858)942-8808
PETERSEN DEAN EMPLOYEES:
HELENA SHI, SOLAR PROJECT
COORDINATOR hshi@petersendean.com
(510)946-2338
DAVE SHANHOLTZER,
714-309-0837 dshanholtzer@petersendean.com
VICTOR (951)376-4090
GEORGE MILIONIS 510-371-6555
GREG O’DONNELL godonnell@petersendean.com
JASON SMITH jsmith@petersendean.com
(611)414-7023
KYLE SMITH 661-209-7818
JILL TAMARU jtamaru@petersendean.com
JOSH TOFTELAND jtofteland@petersendean.com
LIONEL RODRIGUEZ lrodiguez@petersendean.com
951-276-4890
ROSE MONTES rmontes@petersendean.com
(408)797-1092
OTHERS:
SAMUEL LUQUIN, CA17-013771
DCBA LA COUNTY (626)293-1440 sluquin@dcba.lacounty.gov
JESSIE FLORES, CSLB
SF20169935 562-345-7671 jessie.flores@cslb.ca.gov
DEPARTMENT OF JUSTICE piu@doj.ca.gov piu.piu@doj.ca.gov
DEPUTY ATTORNEY, DOJ DESIREE
TULLENERS, 213-269-6298 desiree.tulleners@doj.ca.gov
PAT FRAMKE, CAP SPECIALTY pframke@capspecialty.com
(608)829-4256
TOM GOETZINGER CDI
(800)927-4357 thomas.goetzinger@insurance.ca.gov
H&R BLOCK ADVISORS, JOHN
MARTIN (310)543-9688
WALTER SMITH, LADWP
213-367-6191 512.esr@ladwp.com
GLEN PANTALEON, LADWP
COMMUNITY SOLAR PROGRAM cps@ladwp.com
213-367-4869
BUILDING AND SAFETY, LADBS
213-473-3231
NUMBER 50.1 (c) Emails between JENNIFER MARSHALL and PETERSEN
DEAN and HERO/RENOVATE AMERICA employees dated from November 2016 until mid
January 2017.
PLAINTIFF is in possession
of all the email communications between DEFENDANT and PLANTIFF. Copies of emails
were filed with the court in case BC661819. Copies of the emails were shared
with individuals in the OTHER section below. I have no way of knowing if the
PETERSEN DEAN and HERO EMPLOYEES listed below kept their copies or deleted
their copies of the emails that reference and document agreements such as the
agreement to remove the solar panels:
HERO EMPLOYEES:
DAMON SHERMAN DSherman@heroprogram.com
(858)942-8857
KAREN LEON-BEHR kleon-behr@heroprogram.com
(858)605-4115
ROY GUTHRIE (877)747-4889
16409 West Bernardo Drive, San Diego, CA 92127
ROSS SOLORBERO (858)605-3925
D WACKER dwacker@heroprogram.com
C COSTELLO ccostello@heroprogram.com
TONYA (858)942-8808
PETERSEN DEAN EMPLOYEES:
HELENA SHI, SOLAR PROJECT
COORDINATOR hshi@petersendean.com
(510)946-2338
DAVE SHANHOLTZER,
714-309-0837 dshanholtzer@petersendean.com
VICTOR (951)376-4090
GEORGE MILIONIS 510-371-6555
GREG O’DONNELL godonnell@petersendean.com
JASON SMITH jsmith@petersendean.com
(611)414-7023
KYLE SMITH 661-209-7818
JILL TAMARU jtamaru@petersendean.com
JOSH TOFTELAND jtofteland@petersendean.com
LIONEL RODRIGUEZ lrodiguez@petersendean.com
951-276-4890
ROSE MONTES rmontes@petersendean.com
(408)797-1092
OTHERS:
SAMUEL LUQUIN, CA17-013771
DCBA LA COUNTY (626)293-1440 sluquin@dcba.lacounty.gov
JESSIE FLORES, CSLB
SF20169935 562-345-7671 jessie.flores@cslb.ca.gov
DEPARTMENT OF JUSTICE piu@doj.ca.gov piu.piu@doj.ca.gov
DEPUTY ATTORNEY, DOJ DESIREE
TULLENERS, 213-269-6298 desiree.tulleners@doj.ca.gov
PAT FRAMKE, CAP SPECIALTY pframke@capspecialty.com
(608)829-4256
TOM GOETZINGER CDI
(800)927-4357 thomas.goetzinger@insurance.ca.gov
H&R BLOCK ADVISORS, JOHN
MARTIN (310)543-9688
WALTER SMITH, LADWP
213-367-6191 512.esr@ladwp.com
GLEN PANTALEON, LADWP
COMMUNITY SOLAR PROGRAM cps@ladwp.com
213-367-4869
BUILDING AND SAFETY, LADBS
213-473-3231
NUMBER 50.1 (d) WRITTEN DOCUMENT RAISING THE PRICE FOR
REPLACING MORE WOOD THAN ORIGINALLY EXPECTED.
PLAINTIFF has a copy of this
agreement signed by me. I was told that it could not be avoided, that there was
additional wood that needed replacing and so I agreed to have it replaced. What
is horrible about this is that the STATE CONTRACTOR’S LICENSING BOARD inspector
found that in spite of my being charged extra, there was still rotten wood that
had not been replaced. I had confronted PETERSEN DEAN about rotten wood that
could be seen with the naked eye from the ground. I was told that this was not
“rotten wood” that it was “thirsty wood”. Additionally, the incorrect sized
pieces of wood that replaced SOME of the rotten wood caused the side of the
roof to be C-shaped instead of a straight line. I sent pictures of this to HERO
and PETERSEN DEAN. Nothing was going to be done about it otherwise. PETERSEN
DEAN wanted me to tell my neighbors about them and at first I did but my
neighbors could see the side of my roof was C-shaped instead of a straight line
and they could see things going wrong over and over. My neighbors were appalled
by the sight of me and my autistic son struggling alone trying to clean the
stucco powder off our laundry, wearing masks as we tried to salvage electronic
equipment and employees of the MARRIOTT where we stayed saw us both come down
with serious lung infections over and over during that time period. THE
MARRIOTT employees said for me not to fax documents to the CLSB from our house anymore
since it was making us so sick that we had to go to the emergency room and they
faxed hundreds of pages for us from their office instead. We were too sick to
keep food down on Thanksgiving Day 2016 because of what PETERSEN DEAN did to
us. My son and I both had occasions where we stopped breathing and fainted,
James more times than me. This had never happened to me before. I was terrified
that my son was going to be alone in a hotel room with a deceased mom.
It is ironic that PETERSEN
DEAN drew up a document about needing more money than originally agreed upon to
replace rotten wood and then STILL left rotten wood that was discovered and
documented by the CSLB roof inspector. They refused to draw up a document that
was clear and understandable about the “free roof if you go solar” agreement.
PETERSEN DEAN and HERO/RENOVATE AMERICA kept urging me to believe nothing was
wrong, that I was getting that offer that wasn’t reflected anywhere in writing.
DAVE SHANHOLTZER was in charge of getting me to sign to pay more for additional
wood. I was also asked to sign for an inspection that never happened and I
protested that my carbon monoxide detectors had not been inspected because I
don’t have any and that some of my fire alarms had stopped working. The truth
was not wanted. I was told it didn’t really matter. If it didn’t really matter,
why was my signature needed? DAVE SHANHOLTZER also urged me on several
different occasions, with a “wink-wink, nod-nod” attitude, to lie to the IRS,
to lump the solar and the roof together as if it was all the solar expense and
get a bigger tax credit. I was dumbfounded that he assumed that it was alright
to tell me this. The series of events presented a pattern which I can only
describe as a criminal mindset. PETERSEN DEAN AND HERO/RENOVATE AMERICA behaved
like criminals and seemed so steeped in crime that they had the warped idea
that everyone was as into crime as they were.
I was astounded and deeply
upset by the dishonesty. DAVE SHANHOLTZER’S phone number is (714)309-0837 dshanholtzer@petersendean.com.
A jury will be presented with all the documents and asked the question, “What
homeowner in their right mind would wake up one day and knowingly decide they
wanted to pay three times more for electricity than they currently did?”
PETERSEN DEAN and HERO FINANING both knew I was not in the tax bracket to be a
candidate for property tax financing.
NUMBER 50.1 (e) MODIFICATIONS NOT IN WRITING.
I do not recall any
modification actually being made that was not in writing other what the CSLB
roof inspector found. It is probably legally called a modification of the
agreement to leave rotten wood under brand new shingles, but that is not
something I agreed to or even knew about for sure until the inspector found it.
PETERSEN DEAN was fined and issued a five-year CITATION for this and seems to
believe that paying a fine means they are excused from having to complete the
work properly. The CSLB fine is separate from that and does not replace or in
any way excuse completing the work properly and also does not excuse the
financial fraud, the tax credit scam and the need to go forward with the
removal of the solar panels and repair all damages made to the property. The
financial fraud and improper use of MECHANICS LIENS has to be addressed in the
trial by jury as it is not a function of the CLSB to resolve these matters.
NUMBER 50.1 (f) EMAILS REFERRING TO THE REMOVAL OF THE SOLAR
PANELS AND EMAILS REFERRING TO THE SCHEDULING OF THE REMOVAL OF THE SOLAR
PANELS.
PLAINTIFF had copies of the
emails PLAINTIFF sent to me in regards to removing the solar panels. I have no
way of knowing if PLAINTIFF kept or deleted those emails. I have filed copies in
court in CASE BC661819. MATTHEW MONNING wrote emails on this subject and HELENA
SHI was my contact for making the arrangements to remove the solar panels and
scheduling the removal of the solar panels. The solar panels were to be removed
after I informed MATTHEW MONNING and HERO’s DAMON SHERMAN that H&R BLOCK
reviewed their document titled: “JENNIFER MARSHALL – SOLAR SAVINGS WITH HERO
FINANCING. December 17, 2016.” and
H&R Block found this document to be evidence of a tax credit scam. The document
given to me in lieu of a corrected contract which was titled: “JENNIFER MARSHALL – SOLAR SAVINGS WITH
HERO FINANCING. December 17, 2016”.
Here is the list of PETERSEN
DEAN and HERO employees and OTHERS who had access to their own copies and/or
were emailed copies of this document by me:
HERO EMPLOYEES:
DAMON SHERMAN DSherman@heroprogram.com
(858)942-8857
KAREN LEON-BEHR kleon-behr@heroprogram.com
(858)605-4115
ROY GUTHRIE (877)747-4889
16409 West Bernardo Drive, San Diego, CA 92127
ROSS SOLORBERO (858)605-3925
D WACKER dwacker@heroprogram.com
C COSTELLO ccostello@heroprogram.com
TONYA (858)942-8808
PETERSEN DEAN EMPLOYEES:
HELENA SHI, SOLAR PROJECT
COORDINATOR hshi@petersendean.com
(510)946-2338
DAVE SHANHOLTZER,
714-309-0837 dshanholtzer@petersendean.com
VICTOR (951)376-4090
GEORGE MILIONIS 510-371-6555
GREG O’DONNELL godonnell@petersendean.com
JASON SMITH jsmith@petersendean.com
(611)414-7023
KYLE SMITH 661-209-7818
JILL TAMARU jtamaru@petersendean.com
JOSH TOFTELAND jtofteland@petersendean.com
LIONEL RODRIGUEZ lrodiguez@petersendean.com
951-276-4890
ROSE MONTES rmontes@petersendean.com
(408)797-1092
OTHERS:
SAMUEL LUQUIN, CA17-013771
DCBA LA COUNTY (626)293-1440 sluquin@dcba.lacounty.gov
JESSIE FLORES, CSLB
SF20169935 562-345-7671 jessie.flores@cslb.ca.gov
DEPARTMENT OF JUSTICE piu@doj.ca.gov piu.piu@doj.ca.gov
DEPUTY ATTORNEY, DOJ DESIREE
TULLENERS, 213-269-6298 desiree.tulleners@doj.ca.gov
PAT FRAMKE, CAP SPECIALTY pframke@capspecialty.com
(608)829-4256
TOM GOETZINGER CDI
(800)927-4357 thomas.goetzinger@insurance.ca.gov
H&R BLOCK ADVISORS, JOHN
MARTIN (310)543-9688
WALTER SMITH, LADWP
213-367-6191 512.esr@ladwp.com
GLEN PANTALEON, LADWP
COMMUNITY SOLAR PROGRAM cps@ladwp.com
213-367-4869
BUILDING AND SAFETY, LADBS
213-473-3231
FORM INTERROGATORY NUMBER 50.2:
Was
there a breach of any agreement alleged in the pleadings? If so, for each
breach describe and give the date of every act or omission that you claim is
the breach of the agreement.
RESPONSE TO INTERROGATORY NUMBER 50.2:
Yes. FIRST BREACH OF AGREEMENT: Petersen Dean salesman DAVE SHANHOLTZER
and I verbally agreed I would accept the “free roof if you go solar” deal. I
expected that deal to materialize in writing but it never did. I immediately
protested that the electronically generated contract that I briefly saw only flashing,
fast moving snippets of on a jumpy screen did not appear to match our verbal
agreement. I was unable to read the text but I was able to see it was TWO
contracts. I kept asking DAVE SHANHOLTZER and HELENA SHI why there were TWO
contracts. I called HELENA SHI, SOLAR PROJECT COORDINATOR of PETERSEN DEAN many
times and immediately expressed my concern to her. HELENA SHI reassured me that
I was getting the deal I thought I was getting. DAVE SHANHOLTZER repeatedly
assured me that it didn’t matter if the computer-generated contracts, there
were two of them, matched the verbal agreement, that I was still getting what
we agreed upon verbally. The whole project would end up costing $20,000.00, not
the $30,000.00 the on screen contracts seemed to be indicating. I was repeatedly told the computer-generated
document that did not reflect the verbal offer would result in the same
savings. I was told this, many times, by DAVE SHANHOLTZER of PETERSEN DEAN and
HELENA SHI of PETEREN DEAN: (510)946-2338, 39300 Civic Center Drive, Suite 300,
Freemont, CA 94538.
SECOND BREACH OF AGREEMENT: Breach of HERO FINANCING terms by PETERSEN DEAN via
attorney GEORGE MILIONIS via CERTIFIED LETTER dated December 7, 2016
threatening to circumvent and breach the HERO FINANCING terms if I did not sign
off before the work was completed as agreed. Emails from DAMON SHERMAN of HERO
said not to worry about the threatening letter from GEORGE MILIONIS. Phone
calls from HERO and PETERSEN DEAN employees also said not to take the letter
seriously, that MR. MILIONIS was not really going to circumvent the HERO
PROGRAM rules. I received an email from JACKIE CARREON of HERO / RENOVATE
AMERICA warning me in plain English: “DO
NOT SIGN OFF ON ANY COMPETION CERTIFICATES IF THEY ARE PRESENTED TO YOU UNTIL
THE PROJECT IS ACTUALLY COMPETED.” HERO and GEORGE MILIONIS were not on the
same page, then suddenly HERO stopped protecting me without explanation. All
parties to this action, including HERO / RENOVATE AMERICA have copies of these
documents and emails. The CSLB, DEPARTMENT OF JUSTICE, CFPB, DCBA LA COUNTY are
government agencies that have copies of these documents and emails.
THIRD BREACH OF CONTRACT: HERO/RENOVATE AMERICA breached their agreement to
stop any of their contractors from going rogue and hurting us. HERO/RENOVATE
AMERICA specifically promised that they would protect us from contractor abuse
if we financed our project through them. They claimed they had a senior
protection department as well. At first HERO FINANCING did give the appearance
that they would protect us from GEORGE MILIONIS’S threats and demands that we
break HERO protocol. HERO sent me an email telling me not to sign off and
another email assuring me GEORGE MILIONIS’S threats were not to be taken
seriously. Then HERO/RENOVATE AMERICA breached all their agreements with me and
refused to speak to me anymore and would not tell me why they were abandoning
their own policies and allowing GEORGE MILIONIS to continue threatening us.
FORM INTERROGATORY NUMBER 50.3:
Was
performance of any agreement alleged in the pleadings excused? If so, identify
each agreement excused and state why performance was excused.
RESPONSE TO INTERROGATORY NUMBER 50.3:
No. Absolutely not. No
performance of any agreement alleged in the pleadings was excused. The CSLB Citation that will remain on
PETERSEN DEAN’S bond/license for five
years does not grant any excuse for unfinished work, damages and financial
fraud. The CSLB fine paid by PETERSEN DEAN also does not absolve PETERSEN DEAN
from having to make repairs, restitution, remediation such as removal of rotten
wood. The CSLB did not put in
writing that because of the FIVE-YEAR
CITATION attached to PETERSEN DEAN’S
bond, PETERSEN DEAN was hereby absolved from having to remove the rotten wood
mentioned in the citation.
PETERSEN DEAN lied about
making the arrangements to remove the solar panels and filed two MECHANICS
LIENS that week instead. None of the agreed upon repairs were made. I was left
with the task of having to pay for all the repairs and I could not afford to.
The solar panels were never turned on because they were to be removed according
to agreement. PETERSEN DEAN abandoned the job and all the agreements.
FORM INTERROGATORY NUMBER 50.4:
Was
any agreement alleged in the pleadings terminated by mutual agreement, release,
accord and satisfaction, or novation? If so, identify each agreement
terminated, the date of termination, and the basis of the termination.
RESPONSE TO INTERROGATORY NUMBER 50.4:
No. There was absolutely no
mutual agreement to terminate any agreement. There was extraordinary and cruel
pressure placed upon me and my autistic son to attempt to FORCE me to sign
releases and to falsely claim satisfaction BEFORE the job was done. I went to
the San Pedro Police Department to ask what I should do about PETERSEN DEAN’S
many attempts to force me to sign off prematurely. PETERSEN DEAN made it clear
they would not finish the job unless I signed off in advance and said I was
satisfied BEFORE I could see the final work.
H&R BLOCK examined the PETERSEN
DEAN figures and declared the deal was a tax credit scam and as a response to
being confronted with that information, PETERSEN DEAN and HERO agreed the
solution was to remove the solar panels. PETERSEN DEAN claimed to be making the
necessary arrangements to remove the solar panels but that agreement was not
only broken by PETERSEN DEAN, but PETERSEN DEAN also took extra steps to give
the APPEARANCE that they really were making necessary arrangements to remove
the solar panels when they were actually filing MECHANICS LIENS.
This was verified by BUILDING AND SAFETY who confirmed to me
at the time that PETERSEN DEAN was not really requesting a Solar Permit Refund
from them.
BUILDING AND SAFETY relayed
to me that this was an important, necessary step for the title of the property
to be correct. BUILDING AND SAFETY urged me to call PETERSEN DEAN about this
solar permit refund immediately. BUILDING AND SAFETY stressed to me that this
was important for me to do.
I rightfully assumed that
what PETERSEN DEAN meant by “preparing” to remove the solar panels involved
BUILDING AND SAFETY. THE SOLAR PERMIT REFUND is a very important step in the
removal process.
I relayed this information
to HELENA SHI of PETERSEN DEAN several times that week in January 2017. This is
information that any solar company already knows. At first PETERSEN DEAN tried
to give me the impression that PETERSEN DEAN was being “magnanimous” by not
caring about the SOLAR PERMIT REFUND. I was expected to believe that PETERSEN
DEAN was giving up the solar permit refund as an act of generosity towards me. I
explained to HELENA SHI what BUILDING AND SAFETY told me to relay to PETERSEN
DEAN, that this “generosity” would buy me nothing but trouble and that it was
IMPORTANT to apply for the SOLAR PERMIT REFUND, according to BUILDING AND
SAFETY, to keep the title of the home correct, otherwise there could be
difficult selling the home, refinancing or getting a home equity loan such as
the one I planned to get for my son JAMES MARSHALL’S urgently needed dental
surgeries.
PETERSEN DEAN deliberately
doing the proper SOLAR PERMIT REFUND paperwork could block us from being able
to access our equity to help JAMES get his surgeries. Deliberately refusing to
apply for a SOLAR PERMIT REFUND was not a magnanimous gesture worthy of praise
as PETERSEN DEAN tried to frame it that week in January 2017, it was an act of
cruelty that would cause any homeowner a lot of trouble. HELENA SHI sounded
like she was very uncomfortable with what she was being obviously being told to
say by someone else, she had no answer to what BUILDING AND SAFETY said to tell
her and excused herself to consult with someone and when she returned to the
call, she got choked up and told me she was not allowed to talk to me anymore.
It became apparent that
PETERSEN DEAN was only pretending to prepare to remove the solar panels while
it was making other nefarious arrangements to breach the agreement to remove
solar panels.
Prior to this week in
January 2017 I was literally hounded by PETERSEN DEAN to sign off with HERO /
RENOVATE AMERICA prematurely and to sign other mysterious contracts that I was
NEVER given a copy of to examine in advance, where my signature would be
exchanged for cash that would pay for SOME of the remediation and repairs but
not all. I was negotiating with men from PETERSEN DEAN and they were asking me
to take a loss. I was not able to find a licensed remediation company that
would take a loss, a partial payment. I was not able to understand what I was
being asked to sign because I was never given a copy of any of the contracts to
read and show to H&R BLOCK. I was not allowed to review any of the proposed
contracts. I was never given copies of any of those contracts I was asked to
sign sight unseen.
FORM INTERROGATORY NUMBER 50.5:
Is
any agreement alleged in the pleadings unenforceable? If so, identify each
unenforceable agreement and state why it is unenforceable.
RESPONSE TO INTERROGATORY NUMBER 50.5:
Payment to PETERSEN DEAN
became unenforceable when GEORGE MILIONIS removed PETERSEN DEAN, without
explanation, from the HERO FINANCING arrangement that all parties had agreed
was to be the method of payment. GEORGE MILIONIS and PETERSEN DEAN refused to
comply with HERO FINANCING rules and made NEW RULES where I must SIGN OFF
before PETERSEN DEAN would finish the work, not AFTERWARDS according to HERO
policy. For all intents and purposes, it appears that it is now impossible for
PETERSEN DEAN to be paid by HERO FINANCING / RENOVATE AMERICA as agreed by
contract because PETERSEN DEAN decided to circumvent and sabotage the HERO
FINANCING in order to try to seize our home by methods other than the original property
tax credit scam, i.e., via MECHANICS LIENS if they could get away with it.
GEORGE MILIONIS was at all
times aware that he was not meeting the requirements for filing a MECHANICS
LIEN but he was determined to see if it would work, it he could get away with
it. He knew the solar panels were not turned on. He knew the job was not
finished in many respects. He knew that if challenged, the MECHANICS LIENS
would be declared invalid and unenforceable. As stated, DAMON SHERMAN of HERO/
RENOVATE AMERICA assured me that GEORGE MILIONIS was not really going to do
this crazy thing, but when he did, DAMON SHERMAN and all my contacts at HERO
FINANCING suddenly refused to talk to me about my financing with them. I have
complained to the STATE BAR OF CALIFORNIA about GEORGE MILIONIS’S verifiable
and deliberate misuse of MECHANICS LIENS and will bring the matter before the
CALIFORNIA SUPREME COURT if the INVALID LIENS are not immediately removed.
There is NOTHING for to negotiate regarding INVALID MECHANICS LIENS. The longer
an INVALID MECHANICS LIEN remains unremoved, the more liable for damages caused
by the delay in removal of the invalid liens PLAINTIFF is. PLAINTIFF received the
CERTIFIED LETTER DEMANDING REMOVAL OF THE TWO INVALID MECHANICS LIENS (as per instruction
by the CSLB pamphlet which also clearly shows PETERSEN DEAN did not meet the legal
requirements for filing a MECHANICS LIEN), in April 2017.
In order to file BC661819 as
an UNLIMITED CASE in court instead of small claims court, GEORGE MILIONIS had
to completely dispense with the “free roof if you go solar deal” (as per the
PETERSEN DEAN commercials which I recorded) that I had been repeatedly told by
HELENA SHI and DAVE SHANHOLTZER that I definitely was getting and which would
have been $20,000 and not qualified to be filed as an UNLIMITED CASE.
In order to give the
MECHANICS LIENS the superficial appearance of legitimacy that the MECHANICS
LIENS might slip through the courts unnoticed, GEORGE MILIONIS had to cut ties
with HERO FINANCING and HERO had to be in on this, HERO had to agree at a
certain point not to interfere with GEORGE MILIONIS’S new plan in spite of
their promise to me via their senior protection department that they would look
after me, their customer.
HERO had to agree to abandon
their financing contract with me in order to help GEORGE MILIONIS give to the
courts the appearance that there never had been any HERO FINANCING, to drastically
and wrongfully narrow the case and also give the courts the impression that I had somehow qualified for a $34,000.00 loan
with some mysterious, unnamed financing company PETERSEN DEAN used but refused
to name or that PETESEN DEAN just outright did $34,000.00 worth of work on a
home without running a credit report, without any paperwork, without any
official financing arrangement. OF NOTE:
HERO had to give the appearance that it was not financing this project, not
working with PETERSEN DEAN on this project but in order for HERO to still list
PETERSEN DEAN as their vetted contractor and still encouraged new customers to
trust PETERSEN DEAN while they withdrew without explanation and went into
hiding, waiting to see if PETERSEN DEAN got away with the unenforceable
MECHANICS LIENS caper in case BC6619819, HERO had to just vanish without
comment and that is what they did. HERO
refused to take my calls, DAMON SHERMAN, my HERO contact, blocked my email
account. My financing, without explanation, without saying “goodbye”, took a hike.
To the point, yes, it
APPEARS the HERO FINANCING that was to be the method by which PETERSEN DEAN was
paid has been rendered unenforceable by some secret and mutual agreement
between PETERSEN DEAN and HERO. Both parties refused to talk to me about it.
GEORGE MILIOINIS actually called me up on the phone and told me HERO FINANCING
no longer had anything to do with this, that it was between me and him from now
on. He did not offer any explanation as to how this metamorphosis came about or
how he convinced HERO to stand down. HERO refused to talk to me anymore. HELENA
SHI simply told me she was “NOT ALLOWED”
to discuss my project with me anymore. Suddenly all HERO employees were also “NOT ALLOWED” to discuss my financing
with me anymore.
Frankly, a reasonable person
would have no choice except to believe PETERSEN DEAN deliberately sabotaged their
own financial arrangement to escape liability in an exposed (by H&R BLOCK)
and therefore aborted property tax
financing scam and pave the way to file valid seeming MECHANICS LIENS if
the truth remained concealed long enough to pull it off.
HERO/RENOVATE AMERICA did
not take any steps to stop the illegal actions of their contractor even though
they promised me they would. HERO/RENOVATE AMERICA and CAP SPECIALTY INSURANCE
decided to “wait and see”, to go along with “plan B” or “Scam B” because GEORGE
MILIONIS was confident he could pull it off.
The two MECHANICS LIENS
filed by GEORGE MILIONIS for PETERSEN DEAN on an uncompleted job are not valid,
will not pass scrutiny in the APRIL 2019 trial by jury and therefore ultimately
are unenforceable. At all times GEORGE MILIONIS knew the MECHNICS LIENS were
invalid but felt he could succeed if he managed to avoid scrutiny, thus the
never-ending barrage to avoid a trial by jury. The attempt to enforce them
without proper scrutiny is criminal and amounts to fraud.
All “secret agreements” are
unacceptable and unenforceable. I hereby, categorically refuse to enter into
any and all “secret agreements” and “confidential settlements”. At no time did
I ever or will I ever agree to a “secret agreement” or “confidential
settlement”.
PLAINTIFF’S desperation to
avoid the trial by jury is an attempt to circumvent this scrutiny. The PLAINTIFF
has engaged in nonstop attempts to frighten me and coerce me into private
settlement conferences. When I repeatedly say “no” to these private settlement
conferences, when even the judge explained to SAM KARIMZADEH in court on August
2, 2018 that he, the judge, can understand that I want a trial by jury because
I adamantly deny and disagree with PLAINTIFF’S Complaint, that he, the judge,
does not find me hard to understand, it crosses all lines of reason, decency
and professionalism that to this day PLAINTIFF is STILL trying to scare me into
a settlement conference.
“NO” does not mean “NO” to
PLAINTIFF. A judge’s clear explanation does not deter PLAINTIFF from ignoring
every word the judge said on August 2, 2018. A judge coming right out and
asking PLAINTIFF, “What are you doing?” does not register with or deter
PLAINTIFF. After a judge explained to SAM KARIMZADEH on August 2, 2018 that I
did not want to accept the invitation to a settlement conference, that I clearly
wanted a trial by jury, on August 9, 2018, SAM KARIMZADEH sent EXHIBIT A, an
invitation ignoring every “No” I said for months and ignoring what the judge
said to SAM KARIMZADEH on August 2, 2018.
This situation illustrates
and is a perfect example of why I will only communicate with PLAINTIFF in
writing. The most recent letter from PLAINTIFF, sent to me AFTER the judge
explained my position to PLAINTIFF, seems to be telling me in writing that I’m
not supposed to tell the judge that PLAINTIFF is STILL pressuring me to have
the settlement conference the judge explained to PLAINTIFF that I was refusing
and had the right to refuse.
I am filing a cross
complaint to bring HERO FINANCING and CAP SPECIALTY INSURANCE into this case so
the jury can scrutinize the whole chain of events, not just the cherry-picked
snippets GEORGE MILIONIS has selected like a master chef to feed the court.
I hereby announce what no
DEFENDANT should HAVE to announce, it should go without saying, but obviously
in this case it needs to be clearly stated to SAM KARIMZADEH and PLAINTIFF:
“CEASE AND DESIST: Do not
mail, email, fax or in any way send me any correspondence that I may not share
with the judge and jury. Absolutely ANY AND ALL communications PLAINTIFF has
with me will be shared with the judge and jury. There will be no SECRET
AGREEMENTS. Enough is enough.”
My son and I need our lives
back, our real lives, not a “we will stop hurting you and your son if you let
us get away with this crime” agreement. Life became a little less terrifying
when I put my foot down and refused to communicate with PLAINTIFF in any way
other than:
verbally ONLY in the court
room
and in writing, via email
for MEET AND CONFER and all other communications with PLAINTIFF.
I cannot allow PLAINTIFF to
decimate my autistic son emotionally as they were doing with the verbal threats
in 2016. I have to take these steps to protect us. I will soon be represented
by counsel and I will speak verbally when counsel is by my side and I am
instructed to speak by my counsel. Until then PLAINTIFF will only hear my voice
in the safety and sanctity of the court room.
FORM INTERROGATORY NUMBER 50.6:
Is
any agreement alleged in the pleadings ambiguous? If so, identify each
ambiguous agreement and state why it is ambiguous.
RESPONSE TO INTERROGATORY NUMBER 50.6:
Yes. All verbal agreements
with PETERSEN DEAN were extremely ambiguous and often changed without warning
or explanation or disappeared completely without explanation as if they had
never been made. The sheer number of ambiguous verbal agreements with
references to equally ambiguous, mysterious, never materializing written
agreements, verbally suggested to me by PETERSEN DEAN from November 2016 to
January 2017 quickly became a veritable rat’s nest of ambiguities that would
exhaust anyone. There was no way to know what was in the written agreements I
was never allowed to see. I was to sign them on the spot. I reported this to
the police because it was so obviously outrageous and the police told me NOT to
meet PETERSEN DEAN at the construction site, not to meet them alone, to have an
attorney examine the documents. I was never given copies of the agreements I
was asked to sign. I was never given a CORRECTED copy of the computer-generated
contract that did not at all match the verbal contract. I had nothing to show
an attorney. The discussion I had at the police station gave me the backing I needed
to stand my ground and just not do anything that sounded strange, wrong,
frightening and suspicious. I told PETERSEN DEAN they needed to put it IN
WRITING and mail or email me the agreements they wanted me to sign. They
refused. The ambiguous verbal agreements were increasingly peppered with
terrifying, sick threats, which PETERSEN DEAN will deny and which is why I had
to put an end to it by insisting that all communications be by email. The
unrelenting efforts strange men I never met made to get me to meet them at the
work site alone was in and of itself a huge red flag. This was in no way
normal. It became unbearable for me and my autistic son JAMES MARSHALL to
listen to the threats. It literally knocked the wind out of us, made us heavy
with depression for days on end after each horrific phone call and made us drag
about like zombies for days after each miserable phone call from PETERSEN DEAN.
We cried. We fell silent for days on end, unable to speak, clinging to each
other, terrified. My son especially could not sleep unless he could see me each
time he opened his eyes. If I got up from the chair by his bed to go to the
bathroom while he was asleep and he opened his eyes, he would scream very
loudly even though I was just a few feet away in the bathroom. When I demanded
PETERSEN DEAN employees stop making these calls, they denied that any pain they
were inflicting was intentional, they put salt in the wound by saying it was
imaginary, it never happened, that had only been bending over backwards trying
to help us because they CARED about us. I pointed out that we felt horrible
after their long phone calls to us. I pointed out that a COSTCO employee who
overheard one of the calls told me to “HANG UP” on whoever it was. It was sick.
It was sickening. It wasn’t accidental. We were being worked on and I had to
find a way to survive. My solution was, “everything in writing”. No more of
these “deniable” calls.
At all times the agreement
PETERSEN DEAN wanted me to sign remained mysterious and ambiguous. The many
verbal agreements suggested to me by PETERSEN DEAN were in fact shamelessly ambiguous. On multiple
occasions men from PETERSEN DEAN would verbally describe written contracts they
wanted me to sign in exchange for a fraction
of the money it would cost me to repair and hire someone to do their
unfinished work, repair their damages to my house and remediate the stucco
powder in our air vents and on all our possessions.
PETERSEN DEAN did not
justify why they offering me less money than the estimates contractors gave
them to make the repairs and remediation. They did not refer me to contractors
who would make the repairs and finish the work the reduced amount of money they
were offering me, approximately $2,000.00 to sign off that the job “was” done when
it obviously, according to the CLSB citations, “was not” done.
PETERSEN DEAN did not stop
trying to scare us and peppered each request to sign unseen agreements with
suggestions of how unimaginably terrible our lives would become if they had to
turn us over to GEORGE MILIONIS. They underestimated how terrible they had
already made our lives. They obviously mistook my shock to mean I wasn’t
horrified enough yet. They heaped on more warnings and portrayed GEORGE
MILIONIS as an unstoppable machine who would destroy us, as if this alone was
reason enough for us to accept a loss, accept payment for only part of the
unfinished work and completely give up any idea of fighting the tax credit scam
because we would not survive. It was clear to me that I was being threatened to
not expose the tax credit scam. That after the descriptions from so many
PETERSEN DEAN men I had never met and who kept calling and calling me, it is no
surprise that I was always on the lookout for anyone who matched the photo of
GEORGE MILIONIS, always afraid that he might really live up to what I had been
told about him. It was like being in a third-rate gangster movie. I feared we
might be ambushed and physically harmed by strange men. I was asked by PETERSEN
DEAN men to leave our hotel room at the Marriott to meet strange men at the
dark, dirty, unsafe job site where there would be two men and one of these men
would hold a contract in one hand and $2000.00 in the other hand and after I
signed, he would let go of the $2000.00. They did not tell me what the second
man would be doing. To this day I do not comprehend why the men from PETERSEN
DEAN thought I would feel safer if there were TWO of them???? Was one of the
men supposed to hold James while the other worked on me????? Why did they think
they could convince me if they could only see me face to face alone? How could
it be possible to “convince” a person that a tax scam was not a tax scam? The tone
of voice of the man making this offer to me was unnerving. It was not normal. I
told this to the police. This exhausting, painful ordeal stopped when I
insisted all offers be made in writing. Attorney Sam Karimzadeh seemed upset
that I wanted all our MEET AND CONFER sessions to be in writing, via email.
I am aware, via an ugly email
sent to me that some suggest was not “accidentally” sent, as was later claimed
by PLAINTIFF, that I am being called names for standing up for myself and my
son. I am not called “brave” for standing up for our rights, I am call,
“belligerent” and other names. Clearly, I was supposed to die of fear instead
of asking the police for guidance as to what I should do in this situation.
Clearly, I am noncompliant at being a cooperating victim. I refuse to take a
secret settlement even if it is a million dollars because I refuse to be part
of this. I refuse to have blood on my hands when future senior citizens have
their lives ripped away from them by HERO and PETERSEN DEAN. I will not help
conceal the truth so that these criminals can keep on scamming senior citizens.
I am confident that a jury
will understand full well why I would protect myself and my autistic son JAMES
MARSHALL from exposing ourselves to what amounts to merciless torture, a
meatgrinder.
The computer-generated
contracts by PETERSEN DEAN in no way reflect the content of the verbal contract
that preceded and it is well established that I could not legally qualify for the agreement PETERSEN DEAN swears in court I
agreed to.
The wording of the computer-generated
contract is vastly different. The content is vastly different. PETERSEN DEAN
brokered the HERO financial agreement for their partner HERO/RENOVATE AMERICA
and I have since learned that PETERSEN
DEAN does not have a license to broker such financing.
The computer generated and computer signed contracts had
absolutely nothing to do with the HERO / RENOVATE AMERICA agreement being
brokered by PETERSEN DEAN.
Again, the ambiguity is off
the rails. It is reminiscent of mobsters, a term Sam Karimzadeh has complained
about me using but is the only way to describe people who have second sets of
books, second sets of financial documents to meet any occasion, such as a
sudden switch from HERO property tax financing to another unnamed financing company.
PETERSEN DEAN appeared to
have and endless supply of ever changing agreements to throw at us like darts.
It is worth remembering that if I agreed to a $34,000.00 debt that I could not
afford, could not legally quality for with any other contractor, could not keep
my home if I agree to, it would be financial suicide and what motive would I
have to do that to myself and my son? Again, who wakes up one morning and
decides they would like to pay three times more for their electricity than they
do currently? What would be the motive for a senior citizen to destroy their
life that way? Just so they could say, “I went solar even thought it meant I
had to go homeless because I wanted to sacrifice my life and the life of my
disabled child for “the cause”…..of making richer these people: PETERSEN DEAN, HERO/RENOVATE AMERICA and LA
COUNTY or ORANCE COUNTY or whatever county would foreclose on the home a year
after the property tax scam blew up in the face of the homeowner?” What senior
citizen would willingly sacrifice the last years of their life for such an evil
and unworthy cause?
The computer-generated
contract is also ambiguous because there is no justification for it, no
foundation to support how it came into being. PETERSEN DEAN did not run a
credit check to qualify me for this large debt. People don’t get financing for
a $500.00 TV without a credit application and verification. Again, no other
contractor would have been able to qualify me for a $34,000.00 home improvement
project in 2016 when my score was approx. 420 and my debt ratio was too high to
qualify. It is ambiguous and wildly inexplicable that this computer-generated
contract came out of no where like a UFO and that PETERSEN DEAN believes a jury
will believe anyone in my situation could ever agree to it or would even be
allowed by law to agree to it.
It is my firm belief that
this is why PETERSEN DEAN keeps trying to scare me out of having a trial by
jury. They know a jury won’t believe it. SAM KARIMZADEH tells me it will be a
lot of hard work. Losing your home and living on the streets with an autistic
person in bad health is even harder. I will suffer the paperwork that PETERSEN
DEAN intends to bury me alive in and I will let a jury decide what is going on
here.
At all times when I demanded
a corrected hard copy that reflected our real agreement and that I could read before signing, I was only
barraged with more ambiguous verbal reassurances that I was getting the verbal
deal even though it didn’t look like I was, until finally I was given that notorious
“chart” titled: “JENNIFER MARSHALL –
SOLAR SAVINGS WITH HERO FINANCING. December 17, 2016.” by MATTHEW MONNING in lieu of a contract.
H&R BLOCK reviewed the chart and declared not one penny of the savings in
that chart applied to me, that it was a scam.
The computer-generated
contracts with computer generated initials and computer-generated signatures
that do not remotely match my signature, are completely different from the
verbal agreement that I agreed to with PETERSEN DEAN salesman DAVE SHANHOLTZER.
My immediate dissatisfaction and protests were noted by both DAVE SHANHOLTZER
and HELENA SHI and other employees of PETERSEN DEAN and HERO FINANCING. I was
repeatedly told not to worry, that I was really getting the “free roof if you
go solar package” even if it did not appear that way on the glimpses I had of
the computer-generated documents. PETERSEN DEAN did not ignore my alarm, they
tried hard to explain it away, they explained it away with more ambiguous explanations on top of other ambiguous
explanations. This is clearly one of many instances that prove the financial
fraud was deliberate, not an error. An error would have been corrected, not
buried in a rat’s nest of ambiguous explanations. There are many emails where
PETERSEN DEAN obviously lies about the costs, the savings, and above all else
the obvious lies about the property tax financing brackets. Both HERO/RENOVATE
AMERICA and PETERSEN DEAN knew that a senior citizen on SSI and IHSS was not a
candidate for property tax financing. This type of fraud is usually not
discovered until a year after the SIGN OFF when it is too late for the
homeowner to save their home because they signed off. I am forever beholding to
H&R BLOCK for telling me the truth that both PETERSEN DEAN and HERO
FINANCING were concealing from me. The sheer number emails with lies in writing
about how much I would be saving when both PETERSEN DEAN and HERO/RENOVATE
AMERICA knew full well that going solar with them would destroy me financially,
that I would be paying three times more for electrical power for the rest of my
life than I currently paid DWP ,well into my late 80’s, is an avalanche of
proof that precludes any of this being called “accidental”. It is premediated,
deliberate fraud. The violation of regulations required for the filing of
MECHANICS LIENS is clearly a criminal attempt to bury the tax credit scam even
if it means causing the premature death of me and my autistic son JAMES
MARSHALL due to unsurvivable stress. That PETERSEN DEAN and HERO
FINANCING/RENOVATE AMERICA target the disable and senior citizens with this
property tax financing scam, knowing none of them are in the appropriate tax
bracket, that none of them are candidates for going solar via this program, is
heinous. If I am to be called names for protesting this criminal activity, so
be it.
//
//
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Dated: August 26, 2018 _______________________________
Jennifer
Marshall
Defendant in
Pro Per
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