Sunday, December 24, 2017
Saturday, December 16, 2017
THE DISCOVERY PROCESS PETERSEN DEAN AND HERO TRIED TO COVER UP
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Sunday, December 3, 2017
REQUEST TO DISMISS CASE BC661819
SUPERIOR COURT OF
THE STATE OF CALIFORNIA
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Plaintiff,
vs.
JENNIFER
MARSHALL,
Defendant
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REPLY:
ADDITIONAL DOCUMENTATION OF EMERGENCY HOUSING DATES.
REQUEST
FOR TRIAL BY JURY.
PROOF
OF HERO FINANCING/ACCEPTANCE EMAIL. STATEMENT OF JENNIFER MARSHALL
REQUEST TO DISMISS BC661819 AND REMOVE MECHANICS LIENS
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I,
Jennifer Marshall, swear under the laws of the State of California that this
statement and the attached documentation is true and correct. My autistic son,
JAMES MARSHALL and I were in EMERGENCY HOUSING at the attached MARRIOTT HOTELS.
PETERSEN DEAN often contacted us at the hotel and knew we were living at the
hotel. When PETERSEN DEAN disrupted the mold remediation our home was
undergoing, we were forced to shut down remediation of mold and use our hotel
time to search for help and file complaints with multiple government agencies
to save our home from PETERSEN DEAN’S constant threats to take our home away
from us. The hotel staff helped us fax documents to the CSLB and other
agencies. PETERSEN DEAN pretended they could not find us so that they could
take our home fast without the hinderance of our protests. When our insurance
could no longer fund the EMERGENCY HOUSING, I covered the housing for as long
as I could with my MARRIOTT points until they ran out. PETERSEN DEAN put us
through over a year of horror, putting our lives on hold and at risk. We have
no safe housing for the winter. The heater in our house cannot be used because
PETERSEN DEAN filled the vents with stucco powder and refused to pay a
remediation contractor. The mold remediation team closed the heater vents to
stop the cross contamination until remediation can be resumed. The mold
remediation team strongly urged us not to live in the house until remediation
was complete, stating that there were many dangerous threats to JAMES MARSHALL’S
safety and health. PETERSEN DEAN knew they shut down the mold remediation.
PETERSEN DEAN discussed driving a bucket of water over to our house to clean
the stucco dust off everything in the house because they had seen there was no
sink due to the mold remediation, that the kitchen and much of the house was
without drywall and appliances. The offer to bring over a bucket of water was
part of the mental torture we were subjected to for over a year now. No
reasonable person would attempt to clean a two-story house and air vents with
one bucket of water. The phone calls to me from PETERSEN DEAN suggesting such
solutions were seedy, frightening, repetitive and not like any interaction I
ever had with a legitimate business. Life as we knew it was shattered and we
were suddenly being bullied and cornered by shady characters that acted more
like mafia than regular businessmen. HERO FINANCING Senior Protection
Department was supposed to protect us from this very thing but they withdrew
financing to allow PETERSEN DEAN to corner us.
PETERSEN
DEAN tried to send various men from their offices that I did not know and I
never met who were not licensed contractors. One of the men, Kyle Smith wanted to
clean our entire house with a bucket of water he claimed he would drive over in
his car since there was no kitchen sink due to the derailed mold remediation.
This man told me he would loan me $500.00 of his own money so I could go to
Home Depot to buy cleaning materials. He expected me to drive from the MARRIOTT
hotel to the house with my very ill son who was suffering lung infection and
leave my son in the car on a hot day while we cleaned everything in my son’s
bedroom with one bucket of water, including the air vents. Professional
estimates were that it would take four days WITH proper equipment such as
negative air pressure and air scrubbers and masks. PETERSEN DEAN’S electricians
protested to their boss in front of me that they were not licensed for stucco
remediation and did not want to do the job. BUILDING CLEANING SERVICES and MIDA
cleaning services gave PETERSEN DEAN a bid to do the clean-up but PETERSEN DEAN
did not like the price. PETERSEN DEAN wanted to send men from their offices to
clean our house with a bucket of water in their car. It was clearly
“gaslighting” and trash talk. At all times PETERSEN DEAN knew they were making
ludicrous and unprofessional suggestions. I had never experienced a business
that refused to use licensed contractors for repairs and remediation before. The
man, Kyle Smith and other men from PETERSEN DEAN kept trying to scare me over
the phone and get me to meet them alone in person. At one time two men kept
trying to get me to meet them both alone in our house. They offered to give me
$2000 if I would sign that they had made the repairs that they had not made.
They wanted me to sign contracts they refused to mail to me. One of the two men
became very angry at me when I said I would meet them at the San Pedro police
station to review whatever documents they wanted to hand deliver to me. The man
became furious because I wanted my son and I to be safe and meet in a public
place. I did not understand why PETERSEN DEAN did not mail me the contract they
wanted me to sign and why they wanted to trade my signature for only $2,000.00
worth of the repairs and cleaning that far exceeded that amount according to
all the estimates. I would be stuck with the problem of how to pay for the
work.
PETERSEN
DEAN decided to take our home after H&R Block said the HERO / PETERSEN DEAN
deal I was being offered was a tax credit scam and that I would lose my home if
I signed the documents they were trying to scare me into signing. At first
PETERSEN DEAN and HERO agreed the solution was to remove the solar panels since
the cost had been misrepresented to me. While PETERSEN DEAN pretended to be
preparing to remove the solar panels, BUILDING AND SAFETY told me that in fact
PETERSEN DEAN was not actually doing the work they said they would do to begin
the process of removing the solar panels and that in fact PETERSEN DEAN had made
no application with BUILDING AND SAFETY requesting a solar permit refund.
BUILDING AND SAFETY told me that this was an important first step if PETERSEN
DEAN was really going to remove the solar panels. I asked PETERSEN DEAN why
they did not apply for a solar permit refund and their hemming and hawing and
strange responses made me suspect they were doing something else, not keeping
their word. It turned out that the week PETERSEN DEAN claimed they were getting
the solar permit refund from BUILDING AND SAFETY, they were in fact filing two
MECHANICS LEINS instead. HERO FINANCING claimed to be as surprised as I was and
did nothing to stop their contractor PETERSEN DEAN in spite of having assured
me their contractors were safe and we could not get hurt, that all contractors
had to answer to them or they would not get paid. HERO finally admitted to me
that they did not exactly have a separate SENIOR PROTECTION DEPARTMENT, that it
was in fact just regular customer service. The ads about SENIOR CITIZEN
PROTECTION were just ads, there was no formal department that protects senior
citizens.
At
no time after November 2, 2016 did PETERSEN DEAN and HERO operate like a normal
business. At all times after November 2, 2016 the interactions were frightening
and it seemed like I was dealing with organized crime instead of a normal
business. PETERSEN DEAN even insisted in writing that I sign documents stating
that I was happy with the job BEFORE they would agree to finish the job and
make any of the repairs. PETERSEN DEAN used my autistic son, JAMES MARSHALL’s
rapidly declining health as leverage to try to force me to sign documents and
refused to mail those documents to me so they could be reviewed by a lawyer
BEFORE I signed them. I was very suspicious because PETERSEN DEAN had already
tricked me with electronic signing that put my initials and signature on
documents I was not given a hard copy of and was not allowed to read first and
in fact did not match the deal I was told I was being given. I immediately
called Helena Shi at PETERSEN DEAN the day of the electronic signing to
complain to her that I suspected my signature landed on a $10,000.00 roof
contract when I had been told I would be getting the roof for free if I
purchased the $20,000.00 solar. I told her the screen was jumpy and moving very
fast but still I was sure I saw I was being charged for the roof. I was told
that I was still getting the free roof deal, that the $10,000.00 would fall off
due to tax credits. I asked for proof of this and after months I was given the
attached chart, which H&R Block examined and said does not apply to me
because I am not in that tax bracket. H&R BLOCK also pointed out that the
figures are padded. For example, a person cannot save $300,00 on their DWP
electric bill if their electric bill is only $80.00 a month. The attached chart
is further proof that PETERSEN DEAN and HERO were deliberately scamming me and
my autistic son. At all times PETERSEN DEAN and HERO FINANCING knew these
figures did not apply to our financial circumstances. They hoped we would not
notice, but H&R BLOCK reviewed the chart for me and did notice. Men at
PETERSEN DEAN, Dan Shanholtzer, Kyle Smith, Matthew Monning and others kept
working on me mentally to try to break me down until I believed I was getting a
good deal and should sign off on the final papers in spite of what H&R
Block said. In this way it was like being a POW being mentally tortured.
PETERSEN DEAN kept demanding to meet me alone and “explain” the deal to me
again. I cried and asked, “Why can’t you just mail me the explanation of the
financial deal like other businesses? I can’t handle listening to this stuff
anymore. It’s making me sick. This is not normal. Just email it like other
businesses do.” PETERSEN DEAN put us through hours and hours, days, weeks and
months of endless talking in circles to “make us understand the deal”. I was
told that people my age have trouble understanding the electronic signing. I
was insulted over and over as not being intelligent enough to understand I was
getting a good deal. “You are getting the same deal everyone gets,” I was
told. That has no meaning, no math, no
financial facts and in the next breath PETERSEN DEAN refused to give me my deal
in writing when I told them my neighbor could not understand my VERBAL explanation
of my financial deal with HERO/PETERSEN DEAN. PETERSEN DEAN contradicted
themselves and said, “Every deal is different, give us your neighbor’s number
and we’ll explain it to her.” I cannot find the words to do justice in
describing the mental torture PETERSEN DEAN put me through in an epic effort to
avoid giving me specific facts about my project. It was exhausting. The phone
calls sometimes went on over an hour and were too frequent. I complained to
PETERSEN DEAN that the phone calls from them were exhausting and made me feel
like crying. They were not normal phone calls. They were not exchanges of
information. PETERSEN DEAN used the calls to work on me mentally, asking me to
let them come over to the house and meet there alone to talk face to face, that
face to face they felt like they could make me understand. They ended up
horrifying me. I went from crying to feeling afraid to go near my house for
fear that they might physically corner me there. The lighting is dim due to the
mold remediation and my neighbors might not be home and might not hear if I
screamed for help. I would only go to the house when a mold remediation
contractor needed me to open the house and I would leave when they left. Since
we lived in the MARRIOTT, I picked up my mail at the post office and in the
fall of 2016 the men of PETERSEN DEAN sounded so menacing over the phone with
their repeated requests to meet me alone at the construction site that I even
became afraid to pick up my mail at the near by post office. I told my home
insurance adjuster, DAVID KLEIN of ASSURANT and CRS Emergency Housing that I
was glad we were staying at the MARRIOTT, that I was afraid to go to our house
because of the bizarre phone calls I was getting from PETERSEN DEAN asking me
over and over to meet them alone at the construction site. It was like a horror
movie where a stranger keeps calling and asking you to do things you know are
not normal.
Two
men from PETERSEN DEAN kept insisting that they need to meet me alone in my
gutted house, not at the MARRIOTT and certainly not at the police station as I
had suggested. They wanted to meet me alone in the gutted house with two
thousand dollars in one hand and the document they wanted me to sign in the
other hand. They told me that they would “let go of the two thousand dollars in
one of their hands” after I signed the document that was in their other hand.
It sounded like something out of a bad spy novel where hostages are exchanged
on a bridge. It did not sound at all business like. I told the police about it.
I went to the San Pedro police department with my son to discuss what PETERSEN
DEAN men were asking me to do. The police told me not to meet the men alone in
my house, that my instincts were correct. The police said I needed to seek a
lawyer and when my son was well enough, that is what we did with our time. The
mold remediation was put on hold because it was not possible to do so many
complicated tasks at once with a very ill person to care for. I am James’ sole
care-provider and have to take him with me. He is terrified to be away from me
with all that has happened this year. It also did not make since to do mold
remediation on a house that was being taken away from you. I would in fact be
raising my home insurance rates to allow PETERSEN DEAN to get a better price on
my house. The priority became, keep James alive, he was dangerously near death
on several occasions, stop Petersen Dean from taking our home, then resume mold
remediation. James, in addition to being severely autistic, has allergic reactions
to most medications. This is why stressing him is dangerous. The medications
used to calm him down often cause loss of bladder and bowel control, fainting,
seizures and internal bleeding. Doctors repeatedly said James must avoid stress
in the first place so that the medications don’t have to be used. PETERSEN DEAN
knew this and in fact used it as a bargaining chip with me. PETERSEN DEAN told
me they knew James was having a tough year in 2016 and it would be a shame if
they had to sick their legal department on us because the stress would be
unimaginable, we had better comply with their wishes to avoid that. PETERSEN
DEAN knew my son might not survive what they were going to do to us. After a
year of this nonstop stress, I began having high blood pressure like my son had
been having.
There
is no way to completely share via words the horrors of the past year because I
have never heard of anything like this happening to people before. I did not
know simple home repairs could turn into something like this. The closest I can
compare it to is having been through a natural disaster, having your home
damaged and then being kidnapped, isolated, trapped and not being able to get
your life back much less to get your home fixed because looters and criminals
won’t stop hounding you, won’t let you resume normal life and force you to keep
searching for help you can’t afford while you are very sick, hurt and when they
know you don’t have money to pay $10,000.00 legal retainers for help because PETERSEN
DEAN AND HERO know your finances because they SCREENED you, they know you HAD
to use HERO financing and by simply withdrawing the HERO financing, they have
you hopelessly trapped. I believe they thought we would die from stress related
illness before anyone found out we were trying to save our home. They wanted
the court to believe we were living in our house and ignoring them when they
knew full well we were staying at the MARRIOTT. They wanted the court to
believe we did not care if PETERSEN DEAN took our house away from us and sold
it for a huge profit in spite of a sloppy, unfinished job and financial FRAUD.
PETERSEN DEAN uses home repair as an ENTRY point to commit financial fraud.
Once PETERSEN DEAN gets a foot in your door, they do things that make it almost
impossible to keep your home. Their partner cuts off the financing so the only
possibility for payment is selling your home, making you homeless while they
make hundreds of thousands of dollars on a con job. When so many in the USA
lost their homes in hurricanes, I wished we were one of them instead of being
in this terrifying trap of PETERSEN DEAN’S. At least then we could recover and
rebuild. PETERSEN DEAN and HERO won’t let you get your life back. They corner
you and let you know the only choice you have is who gets your house, HERO or
PETERSEN DEAN. They make it pretty clear that it’s not your house anymore. All
this horror just because of a home repair that should have been routine,
transparent and completed in a few days. Our home has been filthy and shut down
for over a year now.
I
respectfully request a TRIAL BY JURY and time to find an attorney who will
represent us on contingency and countersue PETERSEN DEAN and also sue their
partner in this: RENOVATE AMERICA/ HERO FINANCING, because PETERSEN DEAN and
HERO are trying to conceal a very large amount of evidence and want to keep
this horrifying thing they do private and undiscovered so they can keep doing
it to families like ours. I want a jury of my peers to see what PETERSEN DEAN
and HERO did to my autistic son and me and what they continue to do to us. It
is like we have been homeless in limbo for a year but worse. It’s more like
false imprisonment with no way out that will let you keep your home and
everything you worked for all your life. PETERSEN DEAN tells you to walk away
from your property, that there is nothing you can do. They demand you pay
$34,000.00 after they originally told you it would cost $20,000.00. They know
you don’t have that kind of cash because you went through the HERO application
process and made that clear. PETERSEN DEAN only gives you the option of WHO
takes your house, HERO a year later when the tax credit scam hits and you
cannot afford your house payments anymore, or PETERSEN DEAN via illegal use of
MECHANIC’S LEINS placed when a job that hasn’t been completed and financial
fraud has been committed to trap the homeowner in a no win situation.
PETERSEN
DEAN and HERO lied about agreeing to remove the solar panels to stall me from
suing them first and from reporting them to government agencies and to give
them time to file the MECHANIC’S LEINS behind my back while I waited for the
appointment to remove the solar panels they never really intended to remove.
PETERSEN DEAN attempted to have hearings without us present to take away our
home by default. Attorneys that I asked to take our case BEFORE the MECHANICS
LEINS were made known to me, attorneys who would not take a CONTINGENCY case to
sue PETERSEN DEAN and HERO / RENOVATE AMERICA on contingency. were the ones who
informed me that PETERSEN DEAN had sued me in a preemptive strike. Several law
firms that could not take our case on contingency made copies of documents they
found in court and sent them to me. I believe that case BC661819 and the
MECHANICS LEINS are an abuse of the court system and respectfully ask the court
to throw this case out and demand the LIENS be properly and completely removed.
The Liens stopped us from being able to get away from OCWEN after the CFPB
stopped OCWEN from reversing our 2010 HAMP home loan modification. I received
$5000.00 HAMP incentive for NEVER being late on a home payment for six years. I
received $76,0000.00 from KEEP YOUR HOME CALIFORNIA applied to the principle of
my loan and OCWEN tried to steal all that by taking my name off the loan. The
CFPB stopped OCWEN and just when I was going to refinance to get away from
OCWEN, PETERSEN DEAN trapped us by putting LIENS on the house making it
impossible to refinance. PETERSEN DEAN also stopped my autistic son JAMES from
getting his three dental surgeries for the same reason. HERO had been angry
with me because I did not let them take ALL the equity in our house by getting
airconditioning from their SEARS contractor and a grossly over priced front
door to replace our moldy front door via HERO’s HOME DEPOT contractor. When I
told HERO that the prices were extremely padded, they first told me what did I
care, my insurance was going to reimburse me. Then HERO berated me saying I
didn’t buy the over-priced air-conditioning and the door, so why was I
complaining? HERO and their HOME DEPOT, SEARS and PETERSEN DEAN contractors
acted ENTITLED to whatever equity was in our house. They were rude about it, as
if I was annoying for watching my finances. I carefully opted not to do repairs
I could not afford. I have a perfect payment history BECAUSE I routinely make
such decisions. I am a single mom and my disabled son needs me to take good
care of him. I can’t do that by making reckless deals. I was astounded at how
rude HERO and PETERSEN DEAN were to me. I was mortified when PETERSEN DEAN told
me repeatedly to remember to cheat the IRS, as if EVERYBODY does it. Everybody
does not do that.
The
actions taken by PETERSEN DEAN were preemptive strikes designed to do away with
me and my son before a government investigation could find out what they were
doing to us. My son James and I have both come close to death several times in
the past year, more often since September 2017. We have both suffered severe
lung problems after being subjected to a large amount of stucco powder. We both
began fainting and suffering extreme high blood pressure. Additionally, three
dental surgeries that my autistic son was going to get in 2016 to save his
teeth that were damaged by medication, surgeries not covered by his insurance,
had to be put off because of PETERSEN DEAN tying up our equity. This month the
dentist said he can no longer save all of JAMES’ molars due to the delay
causing the damage to be irreversible. It is very much like my son and I are prisoners
of PETEREN DEAN and HERO FINANCING a year and counting. PETERSEN DEAN and their
partner HERO deliberately trapped us and want the court and the world to
believe that if my son dies of extreme stress and I follow him, which it
appears I am doing, that it is not their fault. It does appear that watching my
son’s health decline sharply because he cannot handle stress is doing the same
to me. I can’t stand to see James suffer and I can’t make PETERSEN DEAN stop
hurting us. I never had high blood
pressure until 2016 and it grew very bad, worse as each month went by. Watching
my son black out and stop breathing in front of the MARRIOTT and being told by
paramedics the to follow the ambulance in my car made me feel very afraid I was
losing my son and I began feeling dizzy. It was like I was watching my son
almost die of stress over and over and it began to happen to me as well. My son
was deeply distressed at how torn up our house was and how it wasn’t being
worked on to be fixed anymore since November 2, 2016. He became extremely ill
when we lost our emergency housing and the doctors could not calm him. James
was in the Emergency Room five times in September. He got sicker and sicker. James
became stable in November and on November 5, 2017 I fainted in the parking lot
on the way to ask an attorney to consider taking our case on contingency. The
stress of the year caught up with me and hit me like a ton of bricks.
A
year ago PETERSEN DEAN specifically told me that I would not be able to imagine
the hell their legal department would put us through if I did not sign the
document they wanted me to sign, a document they would give me $2000.00 for
sign, a document I suspected would take away all my rights and “sign off with
HERO” meaning I was satisfied with the job even though it was not completed.
Any
reasonable person knows you do not sign off BEFORE a job is done. You do not
sign off as a CONDITION for completing a job. You do not take it on faith that a
contractor will keep their word, especially when they have behaved badly and refused
to do the job right. But that is exactly what PETERSEN DEAN demanded and they
had the gall to make this demand over and over and over, in a letter, in emails
and over the phone. PETERSEN DEAN had the gall to tell me on numerous occasions
to try to cheat the IRS by trying to pass off the roof job as part of the solar
job. I was appalled at how many unprofessional things PETERSEN DEAN attempted
and did do. They faked inspections. They used unlicensed workers. They accused
me of not wanting repairs if I didn’t agree to let unlicensed men do the work.
On multiple occasions I caught them leaving rotten wood on my roof. The CSLB
inspection also found rotten wood.
Electrical
wires were knocked out of the garage wall with a sledge hammer and never repaired,
never made safe for my autistic son to be in the garage because he could get electrocuted.
I witnessed it happen and PETERSEN DEAN had men who had never been to the property
call me repeatedly telling me I couldn’t prove it. I don’t think the
subcontractor I witnessed doing it would deny it in a court of law. The worker apologized
for the damage but PETERSEN DEAN denies things their workers apologize for doing
just to try to escape liability and the expense of doing a job right. PETERSEN
DEAN attempted to convince their insurance and the CSLB that no one could know
who was liable for the work that they were suing me to be paid for. It was enough to make your head spin. I kept all
the mind-boggling emails. I came to the house from the hotel each time PETERSEN
DEAN worked on my house. I stayed until they left. I have the names and phone
numbers of the men who worked on my house. I made a point of not allowing
ANYONE except the CSLB on the roof because I knew PETERSEN DEAN would blame
anyone they could. The CSLB did not put rotten wood on my roof under the new
shingles. No one else has been on the roof other than PETERSEN DEAN and the CSLB
inspector. There has not been an electrical inspection and I may have to file a
new case with the CSLB to complete that electrical inspection.
I
am not healthy or skilled enough to handle this case in pro per. My son’s
doctors have said he needs to avoid stress and we cannot avoid stress because
PETERSEN DEAN has trapped us in unrelenting every day stress for over a year now.
I have to find a law firm that takes this sort of complex case on contingency
and pray the court will allow me the time necessary to find such a law firm. Attorneys
have told me that PETERSEN DEAN making a preemptive strike was what was making it
harder for us to find an attorney. Had we been able to consult these same law firms
BEFORE PETERSEN DEAN made us “defendants” by accusing us of what they, PETERSEN
DEAN are guilty of, Breach of Contract, it would have been easier for us to get
help. PETERSEN DEAN and HERO conspired to remove a contract, make is “disappear”
so they could not be accused of breaching it. PETERSEN DEAN and HERO are guilty
of financial FRAUD. I pray the court will dismiss case BC661819. This case was a
bold, shameless lie designed to cripple an already badly injured family and cut
their odds of getting help. This case is an attempt to abuse the courts, to use
the courts in the commission of crimes of financial fraud, to make the court an
unwitting partner in financial crimes by withholding information from the court
and moving fast before discovery can happen.
Signed:________________________________
JENNIFER
MARSHALL
Dated:
December 3, 2017
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