PETERSEN
DEAN vs JENNIFER MARSHALL
BC661819
AMENDED
ANSWER-CONTRACT
ATTACHMENT 4
WITH
IMPORTANT TYPO/CLERICAL CORRECTIONS MADE 5-5-18 and item by item answer.
DEFENDANT IS
VERY ILL AND MAKING MANY CLERICAL ERRORS DUE TO ILLNESS
SEE EXHIBIT
C: HEALTH STATUS REPORT TO DR. SEEMA MISSER REGARDING ILLNESS OF JAMES MARSHALL
AND JENNIFER MARSHALL
NOTE: DEFENDANT
is ill with fever and lung infection and is caring for her ill autistic son
JAMES MARSHALL 24/7 while doing this paperwork and in spite of proof reading
her work she has still managed to miss glaring clerical errors such as not
noticing that STAPLES OFFICE SUPPLY did not copy page two, that the document
was left in the copy machine uncopied and that after correcting that, the
document was unsigned and after correcting that, discovering that on page 2 of
the signed ANSWER-CONTRACT form she had accidentally mixed up PLANTIFF with
DEFENDANT and in as much accused herself of placing INVALID MECHANICS LIENS
upon her home. Defendant’s form on www.courts.ca.gov printed blank several times after
she completed it, making her have to start from the beginning several times. Even
after falling down twice and injuring her knee and foot due to illness,
DEFENDANT continued to correct mistakes that were pointed out to her. PLAINTIFF
said they would not agree to ask the court for an extension due to DEFENDANT’S
illness. Working while ill caused many accidents, clerical and physical
accidents and injuries plus a relapse into worse illness. ILLNESS and request
for a copy of the SUMMONS AND COMPLAINT were the ONLY topics discussed with
PLAINTIFF. Attorney for PLAINTIFF, George Milionis refused to return
DEFENDANT’S phone calls, would not email her and had a girl at his office email
the COMPLAINT to DEFENDANT the day the ANSWER was due and refused to discuss
the case.
Please see
Attachment: EXHIBIT A: EXAMPLE of ERROR on ANSWER CONTRACT.
DEFENDANT
was so distressed on 9-13-16 when her signature was electronically deposited on
what appeared to be TWO contracts instead of ONE that she repeatedly complained
to DAVE SHANHOLTZER and repeatedly asked for clarification as to why she was
being asked to pay for a roof that she had been verbally told was “free with
the purchase of the solar package.” DEFENDANT has made and saved recordings of
commercials where PETERSEN DEAN sells this “free roof” solar package and can
play this recording for the court/jury to hear.
At one
point, DAVE SHANHOLTZER said to DEFENDANT that people her AGE often had
difficulty understanding the electronic process. In spite of my advanced age, I
own a laptop that does not normally flicker and have a jumpy screen. In all my
many, many years I also have purchased and leased many cars and while HONDA
FINANCE uses electronic signatures, they afford you a hard copy to examine
BEFORE depositing your signature on it. It has been my experience with
businesses such as H&R Block, who also began using electronic signatures,
that I was ALWAYS given a hard copy of what I would be signing and what I
signed ALWAYS matched what was discussed verbally. The verbal and written
contracts at HONDA always matched. This has been my experience with every
business except the HERO/PETERSEN DEAN project where the price was never
stable.
I was deeply
distressed and alarmed on 9-13-16 and repeatedly called HELENA SHI for some
kind of proof that I was really getting the deal that DAVE SHANHOLTZER only
verbally confirmed I was getting. HELENA SHI repeatedly verbally reassured me
that I was “getting the deal everybody else was getting” and that was the “free
roof if you buy the solar package”. Then I was told that perhaps the deal I
heard on the radio had expired and that my senior citizen discount had expired but
to rest assured I was still getting the same deal under the new promotion. I
was not given anything in writing as to what this new promotion was and that it
was the same as the old promotion.
The ever-changing
information alarmed me further. I continued to ask for something in writing
that would prove that all the money in the second contract would “fall off” in
a year when payment was due to HERO as I was being verbally assured it would. When
I kept asking for things in writing I was given not so subtle insults about my
age, as if young people no longer want things in writing and only old people
who are not up with the times would be so annoying. I was not directly told,
“You are annoying”, it was put to me in such as way as to try to shame me into
stopping asking for the deal in writing, inferring, “You don’t want to be that
kind of old annoying person, do you?” If requesting documentation is annoying,
DEFENDANT wants to continue being annoying.
After many
weeks I was finally given a chart (attached) which I made an appointment with
H&R BLOCK to verify the veracity of. MR JOHN MARTIN of H&R BLOCK
examined the documents and the chart and informed me that it was a tax credit
scam, that I was not in a tax bracket to receive one penny of the tax write
off, the $10,000+ was NOT going to “fall off” in a year, that I would be hit
with a balloon payment I could not afford to pay and most likely I would lose
my home to HERO.
I was
further distressed on 9-13-16 by DAVE SHANHOLTZER’S shameless, repeated
reminders that some of his customers got even MORE discount by NEGLECTING to
separate the roofing expense from the solar expense, giving UNCLE SAM the
impression that $30,000 was spent on solar instead of $20,000.
I reported the
stucco accident and the unfinished work and the information from H&R BLOCK
about the tax credit to HERO and at first it seemed HERO was going to be true
to their promise to protect their customers from unscrupulous contractors.
(See EXBIBIT
B: where HERO warns me not to let the contractor make me sign off that the work
was done satisfactorily prematurely, to make sure PLAINTIFF finished the job
first. Also see attached letter from attorney GEORGE MILIONIS demanding to be
paid and to have the sign off of job completion signed BEFORE PLAINTIFF would
make any repairs and compete the job.)
HERO,
PETERSEN DEAN and I agreed that the solar panels would be removed (copies of
emails confirming this agreement have been filed previously in this case) and
that HERO would finance the roof only, and only after PETERSEN DEAN removed the
solar panels and completed the rest of the job and repairs. There are MANY
emails. DEFENDANT needs an attorney to organize and present the large amount of
emails and physical evidence and make amendments to this ANSWER to include all
the evidence correctly.
PETERSEN
DEAN deceived me the week in January 2017 when they were scheduled to remove
the solar panels. I suspected by HELENA SHI’S suddenly different tone of voice
that she did not like or want to be dishonest with me but was being told to
give me the impression she was arranging the details of the removal of the
solar panels when in fact that was not really what was happening. With a copy
of the SUMMONS AND COMPLAINT showing the dates PLAINTIFF took certain actions,
it lines of with the exact time PLAINTIFF was having HELENA SHI supposedly
working on scheduling removal solar panels when in fact GEORGE MILIONIS was preparing
and filing MECHANICS LIENS.
I kept
letting HELENA SHI know that BUILDING & SAFETY kept informing me that
PETERSEN DEAN had not yet applied for a SOLAR PERMIT REFUND, something that is
always done. It was sheepishly suggested to me that PETERSEN DEAN did not need
the refund. That seemed highly unlikely because PETERSEN DEAN fought tooth and
nail to try force me to pay for over half of the damages they did to our home.
It seemed like they were trying to trick me into signing off that they had made
the repairs and then continue not to make the repairs but I would have
absolutely no legal rights because I signed off. Months had gone by and they
had not resumed work or made any of the promised repairs. I had ample reason to
suspect they were never going to make the repairs.
I stood my
ground and told HELENA SHI that BUILDING AND SAFETY said it was a necessary
step to clear the title of the property to avoid confusion in any future
transaction. It had to be clear, for refinancing or selling purposes, that the
solar panels were removed. When I suspected something was off, HELENA SHI told
me she was told she was not allowed to talk to me anymore. To clarify for the
court: HELENA SHI was my contact at PETERSEN DEAN and she told me she was not
allowed to talk to me anymore. The ramification of this is that PETERSEN DEAN
shut down all communication on an unfinished project and would not let the
contact person in charge of my solar project speak to me. Soon HERO went dark
as well and also began saying they were not allowed to speak to me. At no time
did GEORGE MILIONIS try to resolve the problem. GEORGE MILIONIS gave and
ultimatum in writing to SIGN THE COMPLETION CERTIFICATE in spite of HERO
warning me not to sign it or face having our home taken away from us by him via
liens. SEE EXHIBIT B letter from GEORGE MILIONIS. At all times GEORGE MILIONIS
knew our financial status and knew we were on SSI DISABILITY and did not have
$34,000 and he knew the job was not completed and he knew he was violating the
terms of HERO FINANCING, that he was reneging on the agreement to remove the
solar panels and properly complete the rest of the job. What is not clear to
DEFENDANT is why HERO agreed to go along with GEORGE MILIONIS. DEFENDANT on the
silent treatment, refusing to talk to DEFENDANT about the job anymore. The FBI
recently called DEFENDANT with questions for clarification and DEFENDANT had to
tell the FBI that she could not answer that question, that HERO had never given
her verbal explanation of why they stopped communication and disappeared,
abandoned the project. HERO did not send an email for a letter explaining why
they were not allowed to talk to me anymore about the job they were financing
on my home. Like HELENA SHI, solar program contact at PETERSEN DEAN, they only
told me they were not allowed to talk to me anymore and did not state why. I
reported this to the FBI and to the CSLB and to the CFPB. I had never hard of
financing disappearing before. I was not familiar with this type of obvious
scam. AARP never warned me about this type of “disappearing home improvement
financing” and now I am the one sounding the alarm so other senior citizens do
not fall prey. My YELP review of RENOVATE AMERICA/HERO has received thanks from
citizens who were grateful that I shared what is happening to my son and me at
the hands of PLAINTIFF and their partner which they are hiding from the court,
HERO/RENOVATE AMERICA. I recently also received thanks from a citizen in my
neighborhood who said my blog helped them not fall victim to this property tax
scam.
DEFENDANT
finds it hard to believe that PETERSEN DEAN would casually not care about
getting a permit refund or any refund they were entitled to because of they
fought tooth and nail for months not to pay a licensed contractor to repair the
electrical damage in the garage PLAINTIFF made with a sledgehammer before my
very eyes, the stucco powder remediation and the replacement of rotten wood on
the roof that they had neglected to remove and replace and other unfinished
repairs noted by the CSLB as violations.
PLAINTIFF
offered me a fraction of the money the estimates for repair all the licensed
contractors submitted. PLAINTIFF wanted to pay me a fraction of the repair cost
instead of making payment directly to licensed contractors. Why would someone
who was frantic not to pay for repairs to damages they were witnessed making
suddenly be so casual as to say they were not interested in getting their money
back from BUILDING AND SAFETY for the solar permit refund? I was suspicious and
the SUMMONS AND COMPLAINT confirms that deception was happening on those dates.
(See attached emails where I report to HERO that no communication is happening
and I suspect something is going on. The LIENS were being prepared and filed at
that time).
In my
discussions with BUILDING AND SAFETY it was also accidentally discovered in the
course of conversation that PETERSEN DEAN never drew a permit to alter my water
heater in my garage, which was what PLAINTIFF was doing at the time of the
stucco accident that damaged my autistic son, JAMES MARSHALL’S lungs as well as
covering our garage, our house and our air vents with fine dust. PETERSEN DEAN
never paid either of the two remediation companies who gave estimates to clean
up the stucco powder and never made any of the other repairs.
PETERSEN
DEAN did complain to their insurance company that JAMES MARSHALL was already
sick in bed the day of the accident and had been sick all year. DEFENDANT never
suggested that PLAINTIFF caused JAMES MARSHALL’S autism, only that they pushed
him into a massive regression that threatens his ability to remain in society
and that they made his physical condition deteriorate as well by filling his
room, his lungs, his stuffed animals, bedding and clothes closet with stucco
powder, a very fine dust made of grey paint, stucco and concrete which PLAINTIFF
stubbornly refused to pay a professional licensed remediation company to clean
and remove from the air vents. The exterior paint of DEFENDANT’S house formed
part of the mixture of fine powder, stucco and concrete and has not been tested
for toxins. PLANITIFF used a stucco saw several feet away from the open bedroom
window of JAMES MARSHALL and the open garage door that PLAINTIFF had opened to
alter the water heater without obtaining a permit to do so from BUILDING AND
SAFETY. BUILDING AND SAFETY notified DEFENDANT in conversation that the last
permit granted for the water heater was 2008 and no permit had been requested
or granted in 2016. PLAINTIFF told DEFENDANT that they did have a permit to
alter her water heater but refused to give her a copy.
It has not
been determined if the powdered paint from DEFENDANT’S was safe to inhale.
JAMES MARSHALL did have to go to the emergency room days after the accident
that filled his room and his lungs with a large amount of the
stucco/concrete/paint powder and turned into an infection. There is a mold
problem/water damage problem on the exterior of DEFENDANTS home in addition to
mold that was documented to be in the walls of the home cause by excessive
watering by the HOME OWNER’S ASSOCIATION of SHADOWBROOK ESTATES. There have
been no tests of the exterior stucco/paint to determine what the toxicity level
of inhaling a powder made from these substances. At the time of the accident
PLAINTIFF offered immediate remediation but reneged upon receiving quotes from
licensed remediators. PLAINTIFF than began making ludicrous suggestions such as
having men unlicensed in remediation use leaf blowers to clean the interior of
her home. That would only cause destruction of property and every remediation
company consulted said it would make the house more dangerous to breath in by
making toxins airborne and causing more cross contamination. PLANTIFF began
having many strange men employed by PETERSEN DEAN who were not licensed
contractors and who did not work on the job call DEFENDANT and try to talk her
into signing contracts before they would remove the stucco powder from the home
and resume the job. These men talked like thugs, like mob “fixers.”
DEFENDANT
requests time to find and hire an attorney with the skills to gather this
toxicity and other vital documentation for presentation to the court.
PLAINTIFF’S
subcontractor DAVID BLAZELL tired to force electrician GARETT WALLACE to clean
the garage and my son’s room and air vents with a leaf blower. MR WALLACE
informed his boss, DAVID BLAZELL via phone in front of me on my drive way that
he could not do that job, that it would take him four days or more and he could
not clean my son’s bedding and clothing and he did not have a leaf blower with
him and that it was not the kind of work an electrician does.
DAVID
BLAZELL agreed to have a remediator who is licensed to do that that kind of
work clean the mess and make JAMES MARSHALL’S room safe to occupy again but
balked at the estimates from licensed companies and both he and “goons and
thugs” from PETERSEN DEAN began a campaign against me that can only be
described as mental torture. I do not used the terms “goons and thugs” lightly.
Many different strange me began calling me and working on changing my mind to
convince me to sign off that the work was done before it was actually done. It
was the most bizarre, unprofessional months of a series of painful phone calls
I ever experienced or heard of anyone ever enduring. I was repeatedly accused by
different men I had never met before of not wanting the stucco dust removed.
JAMES
MARSHALL became very ill after inhaling the stucco powder that formed a cloud
in his bedroom and made it unsafe for him to sleep there safely anymore when we
came to the house to let contactors in. My home insurance tested the air
quality of all the rooms in the house as part of the mold remediation testing
and while my son’s room showed no mold, it was the dirtiest room in the house
because of the stucco accident. In a matter of days James developed a serious
lung infection that required treatment in the emergency room. JAMES was
bedridden while PETERSEN DEAN was trying to break me down mentally so I would
sign a document saying the job was completed BEFORE they would complete the job
and do any of the repairs. PETERSEN DEAN was aware of the emergency room visit
and STILL made no move to remove the stucco dust in the air vents and in James’
room and allowed it to continue drift throughout the house instead.
PLAINTIFF
repeatedly reminded DEFENDANT that they knew JAMES MARSHALL had a difficult
year and that I would be putting him in harms way if I did not sign the
document they wanted me to sign. My son JAMES became agitated and upset about
these long, agitated phone calls from PLAINTIFF. JAMES would cry for me to put
away the phone and grew to not want me to talk on the phone at all. Just the
ringing of the phone became enough to upset my autistic son. I told KYLE SMITH
to stop calling us because it was having a bad effect upon us. KYLE SMITH said
he knew, that he felt bad for us too. That did not make sense. His so called
sympathetic calls were crazy making. My son and I always felt so sad and
depressed after his long, bizarre calls. Who would like calls from a
“sympathetic stranger” out of the blue professing to be a nice person very
concerned for you when it was very clear it was all about PLAINTIFF achieving a
goal to get a document signed?
KYLE SMITH
was most definitely playing the “good cop/bad cop” game with us and chastised
me for saying he made me and my son feel horrible. I never met anyone before
who acted like they cared about us so much when they didn’t know us, acted
offended if the whole ordeal of talking for hours and hours with a stranger who
was trying to get you to sign a document made you feel upset. He acted like he
was offended that JAMES and I didn’t want to talk to him, didn’t want him to
come over to our house, didn’t want him to loan me $500 dollars of his own
money. I thought it was highly inappropriate for him to offer me a loan. I
didn’t want to meet him but he kept insisting that he come over to our house
and meet us and spend days with us helping us clean. He wanted us to leave our
emergency housing where JAMES was sick in bed and meet him at the gutted house
and work together for days. Where did he expect JAMES to be while this job that
should be done by professionals was being done by me and KYLE SMITH? JAMES’
room was not safe to occupy. Was JAMES supposed to sit in a hot car for hours
for days, possibly weeks? KYLE SMITH was the kind of person who can’t take a
hint and can’t take a direct no. MR SMITH keeps working on you until you tell
him you cannot bear to talk to him anymore. JAMES could not take it anymore
either. We were both crying the day I told MR SMITH these phone calls had to
stop.
PLAINTIFF
used my son’s illness as leverage to try to force me to sign more documents.
PLAINTIFF played “Good Cop/Bad Cop” with us, different having men I never met
before the stucco accident to phone me and tell me they were “good and cared
about me and James” and would hate to turn us over to GEORGE MILIONIS because
if that happened, it would be irreversible, unimaginable hell for us. The word
“unimaginable” was pounded into my brain.
I was so
frightened by these months of bizarre calls from different strange men who
worked for PLAINTIFF that I told PLAINTIFF I went to the police to discuss the
situation. PLAINTIFF was angry with me for telling them I would meet them at
the police station, that this had to stop. PLAINTIFF had one man call me to
insist that if he could only meet me face to face he felt confident that he
could change my thinking. It sounded for all intents and purposes that he was
telling me that if he pitched DAVE SHANHOLTZER’S sales pitch to me all over
again like a refresher course, that I would believe again that $10,000+ would
“fall off” my debt in a year. That sounded crazy to me and I asked why couldn’t
the information be mailed to me, why did it require “face to face” refresher
courses.
I refused to
meet these strangers alone at the gutted property, the job site. Several of the
men asked to meet me at the property in pairs, presenting the suggestion of
having TWO men as if there were TWO of them I would be less afraid. That idea
made me MORE afraid and seemed very unusual and unprofessional. Why couldn’t
they mail me a copy of what they wanted me to sign? Why couldn’t they mail me a
written document that proved I would save over $10,000?
I insisted
they meet me at the police station if they HAD to meet me “face to face” to
convince me I should sign papers. This infuriated the men from PETERSEN DEAN
who had been calling me and working me over verbally on the phone for many
weeks. I believe I have an email from one of the PETERSEN DEAN men expressing
in writing that he is angry I suggested meeting at the police station if it was
so critical to meet “face to face” instead of mailing me a copy like other
businesses do. I felt it was necessary for the safety of my son and myself.
To clearly
illustrate the cause of my growing fear, in all my years, no business had EVER
kept demanding to meet me alone, especially not in a house they knew was not
habitable, a house that was not safe to breath the air in, alone and “face to
face” to discuss signing a contract, to have a “face to face” refresher course
on why the original contract was a GREAT deal (even after H&R Block said it
was a very padded tax credit scam) and to accept an inadequate check that would
not cover the cost of completion of the job and repairs. BANK OF AMERICA does
not do this. SEARS and HOME DEPOT and COSTCO and LOWES and FLOOR AND DÉCOR and
just about any home improvement business you can think of does not send thugs and
goons out to your job site to “enlighten your understanding” that you may have
forgotten and make you sign things. If it can’t be dropped in the mail, it
sounds nefarious. I threatened to file a complaint with the CSLB if PLAINTIFF
did not stop trying to scare me into signing documents. My one regret is that I
did NOT file the CSLB complaint immediately on November 2, 2016. Giving
PLAINTIFF the benefit of the doubt only resulted in PLAINTIFF coming up with
schemes to hurt us more.
GENERAL
ALLEGATIONS OF PETERSEN DEAN/PLAINTIFF
ITEM 1: The
damages of $34,118.06 is undeserved by PLAINTIFF. Once PLAINTIFF realized I
found out about the MECHANICS LEINS and found out about case BC661819 from an
attorney in Santa Monica that I consulted about suing RENOVATE AMERICA/HERO for
breaking their contract and promise to me to protect me from their rogue
contractor PETERSEN DEAN (and all senior citizen customers through their SENIOR
PROTECTION PROGRAM, which for all intents and purposes never existed and was
just an advertising gimmick).
Once
PLAINTIFF realized I knew about BC661819, GEORGE MILIONIS called me and asked
me to agree to pay $19,000. He seemed extremely and unreasonable angry when I
told him I could not and did not qualify for a $34,000 loan in 2016, that I had
been told by PETERSEN DEAN that I would only actually owe $20,000 because
thousands of dollars would “fall off” with the deal I was given.
PLAINTIFF
told an outrageous lie but for the sake of clarifying PLAINTIFF’S argument,
even if $10,000+ “fell off”, I STILL would not qualify for $20,000 financing at
ANY business for ANY work or product or service due to my low credit score of
420 which was extensively documented by the CFPB in 2016 due to a problem with
OCWEN home loan reporting incorrect information to the three credit bureaus. I
talked about this extensively with PLAINTIFF’S salesman DAVE SHANHOLTZER and
repeatedly reminded DAVE SHANHOLTZER not to run my credit because if he did an
inquiry it would lower my 420 score even more. I kept reminding DAVE SHANHOLTZER
not to do this to me and my son, that it would damage us financially and I
could tell him with complete confidence any application for credit would be
denied. It is common knowledge that every time you allow and inquiry by a
business into your credit, it lowers your score. DEFENDANT was very worried
that DAVE SHANHOLTZER was going to forget and just casually run her credit
without her permission, causing her financial harm and the task of having to
apply to all three credit bureaus to remove an authorized inquiry, so DEFENDANT
made it clear to DAVE SHANHOLTER not to run her credit, not to harm her family
by doing this knowing it would result in a denied application for credit and
lower her score more.
DAVE
SHANHOLTZER fully understood my financial situation and he fully understood
that I could only afford to have the work done with the HERO PROGRAM FINANCING
if the figures he was giving me were true and accurate. H&R BLOCK confirmed
definitely, without a trace of doubt, that the figures I was given by PLAINTIFF
were not accurate, did not apply to me and would cause me to lose my home. Not
one penny was going to “fall off” the $34,000 in a year via tax credits and I
was most not definitely getting the deal both DAVE SHANHOLTZER and HELENA SHI
told me I was getting. I was not really getting the “free roof if you go solar
deal” that both DAVE SHANHOLTZER and HELENA SHI promised me repeatedly on
September 13, 2016 that I was getting.
ITEM 3 of
PLAINTIFF’S COMPLAINT/GENERAL ALLEGATIONS:
PLAINTIFF is
being dishonest with the court. At all times since summer 2016 PLAINTIFF was
acutely aware of the names and capacities of DEFENDANTS. PLAINTIFF was
extremely aware of JAMES MARSHALL’S autism and illness and frequently used it
as leverage in conversations to try to force signatures from me on questionable
documents they refused to mail to me.
PLAINTIFF
was very aware that I am a single mom and apparently of the opinion that I am
very, very old, according to how they talked down to me about “people my age”
not being able to understand computers and the concept of electronic signing.
PLAINTIFF was insinuating that my AGE was the reason I could not understand on
September 13, 2016 that I was getting the “free roof with solar combo deal”.
When I kept asking for clarification in writing, which eventually came after
many weeks of asking in the form of a chart which is attached, I was made to
feel that my AGE was the reason I was upset and asking so many questions and
wanting reassurance in writing, that a normal, young person would not be having
the problem I was having believing I was getting a free roof. It was implied
that younger person would settle for the verbal explanation. I was made to feel
that my request for the deal to be clarified in writing was because I was old
and perhaps feeble minded, that people my age frequently give them a hard time
like I was doing. I do not doubt that. I believe there might be grounds for a
class action of all the elderly, disabled and poor who have been targeted by
this type tax credit scam. The very people RENOVATE AMERICA/HERO/PETERSEN DEAN
target with this type of financing that can be had with a low credit score are
people PLAINTIFF knows full well and in advance are not in the tax bracket to
qualify for the tax credit. On behalf of all my feeble-minded peers, I pray a
class action eventually does happen to afford people some relief and to put an
end to this especially heinous predatory practice specifically aimed at the
poor, disabled, ill and elderly. I have been informed by government agencies
and attorneys that California is inundated with this type of tax credit scam
financing. This makes it even harder to obtain an attorney on contingency
because there are so many victims of this type of financing. Most victims find
out a year after the contractor has done the work. In that regard, my case is
different. I found out before the job was completed. PLAINTIFF began behaving
bizarrely when I confronted them with the truth from H&R Block.
It is
appalling that PLAINTIFF in Item 3 is claiming to be unaware of the true names
and capacities of defendants sued herein in BC661819. PLAINTIFF knew their mark
inside and out. This feigned ignorance is part of the effort to paint a false
impression of DEFENDANT and convince the court to allow PLAINTIFF to wrongfully
take a home away from a citizen with a perfect payment history of all her
bills, verified by all three credit bureaus. I may have had a very low credit
score in 2016 due to a scam the CFPB stopped OCWEN from getting away with
(reversing loan modifications of homeowners with perfect payment histories). My
credit score was 420 for a year but my credit history does not lie. I have had
a perfect payment history since I became a single mom, since I got power
attorney to pay my ex-husband’s debts, since I got a HAMP loan modification
with OCWEN and pulled the house out of foreclosure.
In 2016 I
received the HAMP INCENTIVE $5000 award applied to my loan principle for NEVER
missing a payment, NEVER BEING LATE, EVER on a house payment. HONDA FINANCE can verify that I was NEVER
late on a payment EVER when the court allowed me to reaffirm my HONDA debt keep
my HONDA after a horrible slash and burn divorce where my ex-husband told an
attorney he WANTED the house to go into foreclosure because he was inheriting
his parent’s house and was angry that I chose to stand by my autistic son (his
stepson) instead of running off with him without the “burden of autism” which
he had grown tired of. The attorney told me that he could see I was frightened
but that sometimes divorce is a good thing, that JAMES and I would be better
off. It took me six years to save our house. It is shocking that PLAINTIFF is
so flippant about taking houses away from people, as if taking homes away from
people is their main source of income and home repair is just the gateway to
get access to houses to snatch.
PLAINTIFF
decided to scrap my real life, the life in which all I asked of my ex-husband
was that he sign a power of attorney to allow me to pay his bills so I could
keep the house and pull it out of foreclosure. PLAINTIFF decided to ERASE my
real life history, a life where I once told a judge in this very courthouse
that I did not want child support even though the judge told me that after 14
years of marriage and JAMES MARSHALL being autistic, was entitled. With an
embarassing river of tears rolling down my face, 14 years of tears released
without warning that day in court, I told the judge I did not want the support.
I did not know where those tears came from but I could not stop them. It was
like my head was full of water and it was leaking out of my eyes. My ex-husband
was likely to fight nonstop about having to pay child support because he had
complained that he was AFRAID that he would be forced to pay child support and
had already hurt JAMES’ feelings enough. In the best interest of my son, JAMES
MARSHALL I decided not to enter into a bitter battle that would go on for
years. I canceled my in pro per petition for divorce and told my ex-husband
that he could completely control the divorce process, use his family’s attorney
and calm down because I was not going to ask for anything. I promised my son
peace and quiet. I promised JAMES no one would ever blame him for everything
anymore, that it was over.
Even with
all my efforts to make my ex-husband calm down, the judge said he would leave
it open and I could come back if we ever needed the child support. I never came
back to ask for child support even though my ex-husband and his family are all
well off and could afford expensive attorneys. Perhaps I cried a river that day
because it was finally over. My son and I would have a difficult time
financially but there would be no more screaming and yelling about autism being
the reason my ex-husband was upset about everything. We were off the hook. I
gave James happy birthdays and holidays. I did not subject him to the family
that turned him away at the family Christmas party and broke his heart. I did
what was best for JAMES. But PLAINTIFF has decided to create a new version of
me to portray to the court as a gold digger, as they did in writing to Pat
Framke of CAP SPECIALTY, the insurer of their BOND: “Miss Marshall is the kind
of person who wants to get something for nothing.”
My actions
in life, my documents filed with the CFPB, my credit history, my perfect
payment history is not something PLAINTIFF can rob me of, but that is what they
are attempting to do in BC661819.
I am not the
kind of person who wants to get something for nothing. It is abundantly
documented that I am in fact the opposite of that, the type of person who will
forego “entitlements” to do the right thing, to afford an autistic person the
opportunity to have a happy life and live in society instead of an institution.
When I find
an attorney to represent us on contingency in BC661819, I will also ask them if
I may sue DEFENDANT for defamation of character for that letter they wrote to
CAP SPECIALTY trying to portray me as a gold digger. For the sake of argument,
if I was a gold digger, what kind of gold digger goes after solar panels and
roof shingles? We could not afford to run an air-conditioner and every summer
SOCIAL SERVICES calls to remind us when it is not safe to stay in our home
certain hours of that day due to the heat. What kind of gold digger spends 35
years taking care of an autistic person, changing diapers, sleeping in a chair
by his bed when he is ill, doesn’t date, doesn’t hang out in bars to con
gullible men out of fur coats and diamonds but is still evil and decides to
express her evilness by being a 24/7 care-provider and stealing solar panels
powerful enough to power the neighborhood but she doesn’t own an
air-conditioner and can’t afford to buy one? None of this adds up. Who buys
solar panels so expensive they can’t afford to buy an air-conditioner? H R
Block said I would be approximately 88 years old before I could finally afford
to buy an air-conditioner, IF I didn’t lose the house and I would lose the
house because I would not be able to afford the balloon. Not only is PLAINTIFF
maligning me by calling me the kind of woman who rips people off, they are
insinuating I am so bad at being a gold digger that I would steal solar panels
and roof shingles instead of a hot car, jewelry, fun vacations and the stuff
other gold diggers go for. For the record, when H&R Block verified that
RENOVATE AMERICA/HERO/PETERSEN DEAN were conducting a tax credit scam, I agreed
and even was the first to suggest the settlement of removing the unaffordable solar
panels, panels it was crystal clear I could not afford. I am not the party that
broke that agreement. PLAINTIFF broke that agreement.
ITEM 7
GENERAL ALLEGATIONS PETERSEN DEAN COMPLAINT:
On September
12, 2016 HERO/RENOVATE AMERICA approved the project. AT ALL TIMES PLAINTIFF understood
that they were to be paid directly by HERO/RENOVATE AMERICA and not by
DEFENDANT. On September 13, 2016 PLAINTIFF did electronically deposit
DEFENDANTS signature on TWO questionable contracts that did not match the “free
roof with solar package” DEFENDANT had verbally entered into an agreement to
accept on the basis that it would cost approximately $20,000 after discounts
and possibly less with all the savings factored in and DEFENDANT has been
raising sand about it ever since.
DEFENDANT
kept asking, “Why are there TWO contracts?” HR BLOCK confirmed absolutely that
there would be NO SAVINGS, NO TAX CREDIT and DEFENDANT and her disabled son
would be living in stark poverty till she was 88 years old, unable to afford an
air-conditioner while paying off solar panels that could power the whole
neighborhood. DEFENDANT would be enslaved paying for solar panels she would
never be able to use for air-conditioning and would be paying three times more
for electricity than she would have if she never met PLAINTIFF and never fell
for their scam. HR BLOCK said in all likelihood DEFENDANT would lose her house
in 2017 if she signed off on the deal as it was.
Again,
PLAINTIFF reneged on the January 2017 agreement to remove the unaffordable
solar panels. Walter Smith of the Los Angeles Department of Water and Power can
confirm the job was never finished and the solar panels were never turned on.
Furthermore,
in 2017 DWP solar program #303146129 advised me that I was eligible to be paid
$300 a year by DWP if I let DWP put solar panels on our house. I wanted to
accept the offer but PLAINTIFF refused to allow me to accept the offer by
refusing to keep their promise to remove the solar panels that had never been
activated. DWP said PETERSEN DEAN had to remove their panels so DWP could
install theirs.
In the
course of finding out from BUILDING AND SAFETY that PETERSEN DEAN was refusing
to ask for a SOLAR PERMIT REFUND that is routinely asked for when solar panels
are removed, BUILDING AND SAFETY informed me that PETERSEN DEAN lied about
having a permit to alter my water heater. BUILDING AND SAFETY told me that the
last permit drawn concerning my water heater was in 2008. PETERSEN DEAN altered
my water heater on November 2, 2016 and lied about having a permit to do so. PETERSEN
DEAN also asked me to sign a document stating that my fire alarms and carbon
monoxide monitors had been inspected by a man. No man had come into the house
to inspect these items. I protested that no man had inspected my fire alarms, that
two of them are broken and that I do not have carbon monoxide monitors.
PETERSEN DEAN told me the form didn’t matter, I just had to sign it for routine
reasons. AGAIN, I was made to feel that my concern, worry and questions were
because of my advanced AGE, that young, healthy, reasonable people do not fret
the details and hold things up like us old people do.
ITEM 9
DEFENDANT
did NOT agree to pay PLAINTIFF directly. DEFENDANT agreed that PLAINTIFF was to
be paid according to the HERO FINANCING PROGRAM guidelines after satisfactory
completion of the job including the repair of any damages made by PLAINTIFF to
the property. There were considerable damages as documented by CSLB CASE SF
2016 9935 and none of those damages have been repaired or remediated at all.
PLAINTIFF has deliberately concealed from the court repair estimates that
PLAINTIFF asked for from contractors.
ITEM 10
This is an
egregious and deliberate lie to the court. PLAINTIFF is playing the court
system as a fool. There is plenty of credible documentation from multiple
agencies and witnesses that the job was abandoned, not completed. The CSLB is a
respectable agency and found PETERSEN DEAN to be in violation for not doing the
job correctly, not finishing the job. It is DEFENDANT’S belief that PLAINTIFF
fully expected this case to move though the court without DEFENDANT finding out
about it until after PLAINTIFF conned a judgement out of the court.
DEFENDANT was
made aware of the case by a law firm in Santa Monica that DEFENDANT was
consulting about suing RENOVATE AMERICA/HERO FINANCING for letting their
contractor go rogue on DEFENDANT after all their promises that it would not
happen, that PETERSEN DEAN would take down the panels and that DEFENDANT should
not take the constant threats of MECHANICS LIENS seriously. Had DEFENDANT only
sought remedy through the complaint to the CSLB and had DEFENDANT not consulted
an attorney, PLAINTIFF might have successfully navigated their corrupt,
dishonest BC661819 through the court without getting caught until after the
fact.
On the first
occasion that DEFENDANT’S autistic son JAMES and DEFENDANT appeared in court, DEFENDANT
arrived early and DEFENDANT kept trying the door to Department 32, but it was
locked. To DEFENDANT’S horror she recognized PLAINTIFF’S attorney GEORGE
MILIONIS from his photograph on the web and he looked equally horrified to see
DEFENDANT and her son JAMES. DEFENDANT had been told so many stories by
PETERSEN DEAN men about what GEORGE MILIONIS was going to do to DEFENDANT and
her son that DEFENDANT was shocked by PLAINTIFF’S attorney’s reaction to them. GEORGE
MILIONIS was seated close to DEFENDANT could see JAMES was in pain and that
DEFENDANT had to keep taking JAMES back to the bathroom.
(DEFENDANT
had to keep changing JAMES’ double diapers, due to excessive urination and loss
of bladder control that can be verified by Dr. Ronald Solomon, JAMES MARSHALL’s
urologist. Medications meant to help JAMES cope with the unbearable stress this
housing nightmare caused JAMES to lose all control of his bladder and the
excessive urination made it necessary to wear two diapers. It is astounding the
volume he urinates, the diapers hit the trash can with a thud and feel so heavy
with urine it is as if they had a cantaloupe in them. Thankfully the bathroom
was nearby.)
GEORGE K
MILIONIS saw DEFENDANT trying the door of Department 32. He saw DEFENDANT was
nervous. DEFENDANT noticed that GEORGE MILIONIS looked uncomfortable as well.
GEORGE MILIONIS was sitting on the bench next to DEFENDANT, not across the hall
from DEFENDANT. DEFENDANT worried if she would know what to say if he said
something to her. He did not say hello. He did not say anything.
Very close
to 8:30 am JAMES cried out and DEFENDANT rushed him to the bathroom and changed
his diapers as fast as she could and rushed back to the courtroom. The door was
unlocked and DEFENDANT saw GEORGE K MILIONIS going down the hallway as if a
fire drill was being conducted. DEFENDANT was mortified to learn that GEORGE K
MILIONIS deliberately let the court think DEFENDANT was not present. GEORGE K
MILIONIS definitely saw and recognized DEFENDANT. GEORGE K MILIONIS had seen
plenty of photos of us on social media as well because DEFENDANT used social
media to contact him, HERO, RENOVATE AMERICA, and various government agencies
that help with housing problems as well as attorneys who might potentially represent
DEFENDANT in this matter.
GEORGE
MILIONIS has been outraged that DEFENDANT used twitter, yelp, blogspot and
other forms of social media to seek help in this distressing and dangerous
matter. GEORGE K MILIONIS’S anger made it seem like if it was up to him, he
would remove our yelp review and ban DEFENDANT from being able to use social
media to publicly discuss her situation and how it was impacting her autistic
son. DEFENDANT missed the hearing that day by several minutes. DEFENDANT tried
to call GEORGE MILIONIS but he did not return DEFENDANT’S phone call. DEFENDANT
believes that her use of social media and her complaint to the CSLB caused
GEORGE MILIONIS to back off and refrain from using aggressive forms of
intimidation because he was made to realize by DEFENDANT that everything he
said to DEFENDANT was being reported to government agencies and published on
DEFENDANT’S diary of events on blogspot. GEORGE MILIONIS’S skittish behavior
that day in the courthouse hallway confirmed DEFENDANT’S suspicion that
PLAINTIFF never expected to encounter DEFENDANT and never had any intention of
speaking to DEFENDANT again.
PLAINTIFF
was clearly trying to get a judgement to take DEFENDANT’S home before DEFENDANT
found out about it. PLAINTIFF avoided DEFENDANT like the plague while giving
the court false and conflicting impressions that PLAINTIFF was in constant
contact asking DEFENDANT to pay a bill without actually billing her and
claiming DEFENDANT was refusing to pay bills that were never sent, producing no
copies of billings mailed, no evidence of use of a collection agency, no
evidence of reporting the debt to the credit bureaus and yet at the same time
PLAINTIFF claimed on the other hand that PLAINTIFF could not find DEFENDANT
they claimed to be getting refusals from and yet PLAINTIFF wrote letters to
their insurance CAP SPECIALTY which prove PLAINTIFF knew where DEFENDANT was
and prove that DEFENDANT was in constant communication with CAP SPECIALITY and
the CSLB regarding this matter and everyone knew where to find DEFENDANT except
PLAINTIFF.
DEFENDANT
submits that PLAINTIFF’S bizarre, skittish, conflicting behaviors present a
pattern that suggests PLAINTIFF was nefariously attempting to seize DEFENTANT’S
property.
As stated
previously, the last time GEORGE MILIONIS spoke to DEFENDANT was over the phone
when he made the offer to DEFENDANT to settle for $19,000 instead of $34,000 knowing
fully well DEFENDANT could not qualify for a loan of that amount, that PLAINTIFF
needed to go back to the original financing at the HERO FINANCING PROGRAM to
resolve this matter and stop trying to get DEFENDANT to be afraid enough to
frighten DEFENDANT into dropping her HERO FINANCING. During that phone
conversation he gruffy told DEFENDANT that HERO has nothing to do with this,
that this was only between him and her. It was clear that if DEFENDANT didn’t
take his $19,000 offer and give up her HERO FINANCING, he was going to take away
DEFENDANT’S home. MR MILIONIS knew at all times that DEFENDANT could not afford
to take his offer to pay for the roof and half of the solar when all of the
solar was supposed to be taken down and it had never been finished and turned
on. MR MILIONIS has not talked to DEFENDANT since.
DEFENDANT believes
that by publishing this situation in her blog/diary of this ordeal
PETERSENDEAN.BLOGSPOT.COM, MR MILIONIS grew to feel blocked from treating DEFENDANT
the way he might have because DEFENDANT made public what MR MILIONIS’S “good
cop” told DEFENDANT the “bad cop” would do to her and her son.
DEFENDANT believes
MR MILIONIS still has hope of winning the case by default, on the merits of DEFENDANT
making a serious enough clerical error to cause DEFENDANTS to lose their home.
As the court has seen, DEFENDANT has made errors while learning how to properly
file documents. DEFENDANT’S son is autistic. Both DEFENDANT and her son JAMES
MARSHALL are ill at this time and bedridden when not in court trying to file
this ANSWER properly. DEFENDANT is dyslexic and under stress DEFENDANT also has
difficulty doing unfamiliar paperwork. If it is something DEFENDANT knows how
to do, DEFENDANT can do it but if it is new, DEFENDANT makes mistakes and has
to keep correcting them as she finds them. DEFENDANT believed she was supposed
to get the document stamped by the court, then serve it and then come back and
file the proof of service. It was a process of trial and error for DEFENDANT to
figure out what she was doing wrong. It was exacerbated by both DEFENDANT and
her son having fever, dehydration, lung infections and finding it difficult to
stand up in line at the filing window. JAMES leaned on DEFENDANT and a stranger
said how sweet is was that he loved his mommy so. If fact JAMES was leaning on DEFENDANT
because he could not stand up on his own. DEFENDANT was also dizzy and could
not hold the weight of her purse and the legal documents. DEFENDANT had to
place them on the floor and push them forward until it was her turn at the
filing window. The terror of the possibly
of losing their home because of a clerical error by DEFENDANT is palpable like
a constant heavy weight upon DEFENDANTS.
Having a
copy of the SUMMONS AND COMPLAINT would have helped DEFENDANT. The week before
the April 23, deadline DEFENDANT was seriously ill with a bad fever and recurrent
lung infection (which DEFENDANT still has) and DEFENDANT was talking on the
phone with an attorney in Orange County who said DEFENDANT had a good case but
that his firm could not take it on contingency, DEFENDANT would have to raise
money some how to hire an attorney or keep looking for a firm large enough to
afford take it on contingency. He spoke to me for two hours approximately and
went stone cold silent, then sputtered a bit when he heard me say I still did
not get served a copy of the SUMMONS and COMPLAINT yet, and that PETERSEN DEAN
had to be given my email directly by the judge before they would use it again even
though it was plastered all over the case filings and they had used it in 2016
when they WANTED to. “You don’t have a copy of the complaint?” He sputtered the
words because it seemed outrageous to him. DEFENDANT explained to the Orange
County law firm that PLAINTIFF had been giving me the silent treatment while
maintaining to the court that I was rejecting requests they were not actually
making to me. It was and is dumbfounding that PLAINTIFF is behaving in this
bizarre manner.
PETERSEN
DEAN only finally emailed DEFENDANT the complaint on 4-23-18 after days of DEFENDANT
calling, leaving messages on their machine stating that she needed a copy of
the COMPLAINT and sending emails demanding they properly serve her a hard copy
via the mail and email her the COMPLAINT since they can no longer claim they
don’t know how to contact her after the judge told them how and read her email
to PLAINTIFF. It took DEFENDANT threating to tell the court to get them to
email a copy of the COMPLAINT. PLAINTIFF still has not OFFICIALLY served DEFENDANT
a copy of the COMPLAINT. It is DEFENDANT’S guess that maybe PLAINTIFF thinks
they are exempt because they filed a document saying they TRIED to serve DEFENDANT
at the house (when PLAINTIFF knew full well DEFENDANT was living in emergency
housing at the MARRIOT). Documents that DEFENDANT received from PLAINTIFF were
not copies of the COMPLAINT. Documents DEFENDANT received from PLAINTIFF were
CASE MANAGEMENT documents.
DEFENDANT believes
GEORGE MILIONIS intends to win this case by demanding the court rule that
DEFENDANT made a fatal clerical error, not by the “merit” of PLAINTIFF’S false
claims.
The week
before April 23, 2018 with multiple attorneys DEFENDANT consulted as
potentially representing her as witnesses who can be called upon to testify, DEFENDANT
was so sick she could hardly talk or finish sentences without choking and
coughing for long periods. DEFENDANT called PLAINTIFF and begged them to ask
the court for a delay due to fever and lung infection. JAMES was bedridden as
well and dizzy. JAMES MARSHALL’S doctor was concerned JAMES might fall or faint
again and be injured again by falling. DEFENDANT fell from physical weakness
twice on APRIL 23, 2018 and injured/bruised her knee on the first fall and
bruised her toes on the second fall.
GEORGE
MILIONIS refused to return DEFENDANT’S urgent calls. He refused to talk to DEFENDANT
at all yet had the gall to state in his CASE MANAGEMENT STATEMENT that he
communicated with DEFENDANT. His receptionist relayed a message to me: “No”. I
could not reschedule until after my fever broke. GEORGE MILIONIS did not
discuss the case with DEFENDANT as he falsely suggested to the court. GEORGE
MILIONIS flat refused to communicate with DEFENDANT at all other than that one
phone call asking her to pay $19,000 and give up the HERO FINANCING, never
mention HERO again.
If GEORGE
MILIONIS calls DEFENDANT tomorrow and asks DEFENDANT if she will agree to a
delay on the May 14, 2018 hearing because of his health or the health of a
family member or office member, DEFENDANT would without hesitation agree.
Nothing in this world is worth becoming a bad person over. DEFENDANT wouldn’t
be nice because she is a fool or a “sucker” or as DAVE SHANHOLTZER put it, she
is a person “her AGE” and therefore not too bright. DEFENDANT would be nice
because she wants to feel good about herself. DEFENDANT wants to have a happy
life with her autistic son for however much longer they are on this earth.
Being mean to someone would only mess her up inside. DEFENDANT maintains that standing
up for her rights is not the same thing as being mean.
ITEM 11:
At all times
PLAINTIFF knew it was unprofessional, cruel, illegal and wrong to directly ask
DEFENDANT to pay. PLAINTIFF did it only to create an impression to justify
filing case BC661819. PLAINTIFF knew they could not successfully file BC661819
if they included the true and correct fact that PLAINTIFF was to be paid by
HERO FINANCE, not DEFENDANT. AT ALL TIMES PLAINTIFF knew they were to be paid
by RENOVATE AMERICA/HERO FINANCING but pretended otherwise to deceive the court
into making a judgement. This charade is for the benefit of convincing the
court that an agreement existed that in fact did not exist and that the viable
agreement with RENOVATE AMERICA/HERO FINANCING did not exist because PLAINTIFF
didn’t want to pay for damages to the property, didn’t want to remove the solar
panels as agreed and went rogue and decided to create a new reality and
convince the court it was true. That is the fake reality where DEFENDANT is
supposed to be a bum, a gold digger who runs around stealing roof shingles
instead of the usual vacations, diamonds and pearls. What a dismal portrait of DEFENDANT.
DR RONALD
SOLOMON probably wondered why my eyes filled with tears when he said DEFENDANT
was a good mom, that he doesn’t know how DEFENDANT does it, how she weathers
JAMES’ painful regressions caused by this housing nightmare. DR SOLOMON doesn’t
know that PLAINTIFF is telling the court that DEFENDANT is a bad, irresponsible
person. Getting a compliment from DR SOLOMON brought tears to DEFENDANT’S eyes.
DEFENDANT is
not going to abandon JAMES MARSHALL for not being able to tolerate what
PLAINTIFF has done to JAMES’ bedroom, his lungs, his life. DEFENDANT will admit
it takes super strength to stay up 24/7 with someone who is so distressed that
they are giving up on life and trying to head bang their head through the wall
and can’t stop screaming. In the back of DEFENDANT’S mind she fears the
regressions might become permanent since they began happening almost back to
back since PETERSEN DEAN disrupted their lives. The terror that this might
become who JAMES MARSHALL is permanently is very real. It happens. Autistic
people can’t take this stuff. This is what the PETERSEN DEAN’S “good cop” was
referring to when he said DEFENDANT better do as he says or GEORGE MILIONIS
will step in and DEFENDANT’S lives will become unimaginable. It is terrifying but DEFENDANT is determined
to save her son and walk him out of this and back into normal life. DEFENDANTS
lives have been a living hell since November 2, 2016 when PETERSEN DEAN began
trying to manipulate and victimize them. PETERSEN DEAN actually was victimizing
DEFENDANT from the start but it was November 2, 2018 when the pain hit very bad
and kept getting worse and it became very clear something was seriously wrong,
that PLAINTIFF meant us harm.
FIRST CAUSE
OF ACTION
ITEM 13
On or about
January 13, 2017, while GEORGE K MILIONIS was secretly filing MECHANICS LIENS
that he did not send DEFENDANT notice of, PETERSEN DEAN had HELENA SHI
convincing DEFENDANT that PETERSEN DEAN was in the process of arranging to
remove the solar panels as per agreement with HERO and DEFENDANT. The deceptive
game began here but did not end here. There are numerous examples of this
deceptive behavior that continued on even to the present. It is astounding the
PLAINTIFF is putting so much effort into concealing information and creating an
alternate version of reality in order to gain financially.
That much
effort and cunning placed into honest labor would make a business prosper.
PLAINTIFF could make more HONEST money if they hired someone with even the limited
social media experience DEFENDANT has instead of trying to cheat money out of
people. Hiring a skilled social media employee would help PLANTIFF learn that a
good, reputable business doesn’t “BLOCK” customers on twitter. The focus should
be on promoting an affordable solar product, not tricking people into buying a
life-destroying, iceberg hitting TITANIC of a product and then “BLOCKING” the
customers on twitter as they cry for rescue. It boggles the mind why anyone
still believes crime pays. Crime, from my observation of this matter only seems
to cause enormous human suffering and eats away at the soul of the person
willing to destroy lives for money. I do not believe there is such a thing as a
happy criminal. They seem pretty angry all the time to me. To me, from where I
see what is unfolding, this is a miserable way to make money.
My son and I
might not survive this ordeal. It became time to notify my son’s doctors of the
seriousness of this life-threatening case. SEE EXHIBIT C
SECOND CAUSE
OF ACTION
ITEM 18
DEFENDANT
did not breach the contract. PLAINTIFF breached the contract. PLAINTIFF did not
complete the job as agreed. PLAINTIFF violated the terms of HERO FINANCING and
lied to DEFENDANT. PLAINTIFF had an opportunity to settle the matter and agreed
to that opportunity then reneged on the agreement to remove the solar panels as
per agreement with me and HERO FINANCING. Falsely accusing DEFENDANT of BREACH
OF CONTRACT was the only way PLAINTIFF could think of to attempt to pull of
this heist. To get away with this heist, PLAINTIFF needed to conceal
information from DEFENDANT and the courts. DEFENDANT was warned by PETERSEN
DEAN employees that GEORGE MILIONIS was adept at this and that my son and I
likely would not survive it. DEFENDANT as told by various PETERSEN DEAN and one
anonymous PETERSEN DEAN employee who sent a letter, that PLAINTIFF destroys
people, that the situation would become unbearable and hopeless. I think that
is an accurate description but I think it would have been worse for JAMES and
me if I had not filed a CSLB complaint, had not written a yelp review and had
not started a diary of events on blogspot.com. My son and I probably would have
died of the horrible stress by now if I had not done those things to give us
some bearing and hope.
THIRD CAUSE
OF ACTION
ITEM 19
DEFENDANT
did not promise to pay PLAINTIFF directly. DEFENDANT agreed that PLAINTIFF
would be paid via HERO FINANCING as per agreement upon satisfactory completion
of the job. The open CSLB case is evidence that the job was not completed.
PLAINTIFF sought to defy all of the HERO FINANCING rules, demanding to be paid
in advance, refusing to make repairs, agreeing to remove panels and then
reneging of the agreement. PLAINTIFF behaved erratic, out of control and not at
all like a proper business. DEFENDANT feared/fears she is dealing with mobsters
who make more money doing shady things like this than they make doing home
repairs.
ITEM 20
PLAINTIFF is
trying to deceive the court into believing DEFENDANT was supposed to receive
payment from DEFENDANT. PLANITIFF knows full well they were to paid by RENOVATE
AMERICA, not directly from DEFENDANT. PLAINTIFF is putting on a show for the
court, knowing full well that what PLAINTIFF is telling the court is not
factual.
FOURTH CAUSE
OF ACTION
ITEM 22
PLAINTIFF is
a HERO PROGRAM/RENOVATE AMERICA contractor. PLAINTIFF is deliberately
neglecting to inform the court of this third party which is the actual party
that was to pay PLAINTIFF. DEFENDANT had an agreement to pay HERO a year after
the project was completed and it never was completed. HERO agreed that the cost
of the solar panels had been misrepresented and agreed with the solution of
removing the solar panels and financing the roof only. PLAINTIFF blew this deal
deliberately and deceptively, pretending to agree to it the very same week
PLAINTIFF was in court filing MECHNICS LEINS.
ITEM 23:
PLAINTIFF
kept a deceptive record, a second set of books designed to trick the court into
believing there was no HERO financing. PLAINTIFF tried to keep DEFENDANT from
telling the court by not serving her the SUMMONS and COMPLAINT and lying to the
court and maintaining they could not serve DEFENDANT.
ITEM 24:
The balance
due on this project has changed so many times that it boggles the mind almost
as much as the new term DEFENDANT learned from PLAINTIFF: “thirsty wood”. PLAINTIFF explained to DEFENDANT that the
rotten wood left on her roof was not actually rotten wood, it was “thirsty
wood”. Unfortunately for DEFENDANT, PLAINTIFF has equally wild ideas when it
comes to money and accounting as well. I was told $10,000+ would “fall off” my
debt to HERO…”fall off” the way one falls off cliff? I was told I would save
$300 a month on my LADWP electrical bill when in fact I pay an average of $60 -
$80 per month. HERO FINANCING had other contractors give me estimates for other
projects such as replacing a front door that had been damaged by mold. The HERO
Home Depot contractor wanted to charge thousands more for the door than if I
just went to Home Depot without the HERO program. When asked WHY he wanted to
charge thousands for the same door, he said in writing that he had to dispose
of it. I wrote back that I could drag it to the curb for a free WASTE
MANAGEMENT pick up, that it was not nuclear waste. This HERO contractor told me
that my insurance would probably pay for it, why didn’t I just run it by them.
I called both the HOA insurance, FARMERS and my home insurance ASSURANT, since
they were bickering over who was responsible for the mold and I reported it to
TOM GOETZINGER of the California Department of Insurance. This may be the reason
HERO FINANCING disappeared like a thief in the night, just vanished. HERO did
try to resolve the matter by agreeing to remove the solar panels but apparently
PLAINTIFF had other ideas and concocted the story you see in court in case
BC661819 today.
After the
shock of seeing DEFENDANT found out about the case and appeared in court with
her autistic son JAMES, PLAINTIFF’S attorney GEORGE MILIONIS tried to get
DEFENDANT to agree to pay $19,000.00 outside of the HERO program. Before that
occasion, both HERO FINANCING and PLAINTIFF agreed that the panels would be
removed and that DEFENDANT would pay HERO $10,000 for the roof only minus the
electrical, stucco and wood repairs which most estimates said would be $4000.00
stucco remediation, $2,000+ for electrical repairs but I did not receive the
estimates for the broken concrete in the back yard where PETERSEN DEAN
employees used my patio planter as a work bench and knocked a large chunk of
concrete out, causing the very large planter to split open and I did not receive
an estimate yet for the roof because no one is allowed up there until CSLB
completes their case because PLAINTIFF would blame anyone who went up there for
any damages found. Rather than deal with being caught red handed by H&R
BLOCK for the tax credit scam and rather than facing that everyone must pay for
property they damage, PLAINTIFF decided to take our home away from us.
AT ALL TIMES
PLAINTIFF knew asking me for money was wrong. PLAINTIFF was to be paid by HERO,
not me. PLAINTIFF threatened me then gave me the silent treatment for nearly
two years. PLAINTIFF would have the court believe there was communication where
there was none. PLAINTIFF would have the court believe there was a monthly
payment that was not being made. There was no such arrangement. There was no
financial arrangement with PETERSEN DEAN. DEFENDANT’S payment arrangement was
with HERO FINANCING.
ITEM 25:
DEFENDANT at
no time agreed to directly pay PLAINTIFF. PLAINTIFF tried for months from
November 2, 2016 to January 2017 to trick and scare DEFENDANT into signing
documents that would cause her to lose her home. AT ALL TIMES PLAINTIFF knew
they were supposed to be paid by HERO FINANCING. PLAINTIFF is a RENOVATE
AMERICA/HERO contractor. They know full well where they get their paycheck from
and what they have to do to get that pay check. Harassing and threating
DEFENDANT is not how a RENOVATE AMERICA/HERO contactor gets paid. DEFENDANT
never agreed to pay PLAINTIFF directly.
PLAINTIFF
electronically put DEFENDANT’S name and initials on more contracts than they
discussed verbally with DEFENDANT. PLAINTIFF openly falsified inspection
documents on two occasions in front of DEFENDANT as if every body does this, as
if it is common practice to say an inspection happened when it didn’t. With
this appalling pattern of deception, any contract presented by PLAINTIFF should
be viewed as suspect. I never experienced so many desperate, crazy financial
changes in my life.
No business
I have ever done business with has acted this crazy, not even did OCWEN LOAN
SERVICING act this erratic and OCWEN has a reputation with the CFPB for pulling
stunts. From the frantic, desperate, petty behavior of PLAINTIFF I wondered if
PLAINTIFF might be in serious financial trouble because the way they were acting
seemed so desperate.
On more than
one occasion I feared for our lives.
AS TO THE
CHARGE THAT PLAINTIFF MADE AGAINST DEFENDANT IN WRITING TO CAP SPECIALTY
INSURANCE, THE INSURER OF PETERSEN DEAN’S BOND:
TO REFUTE
what PLAINTIFF has told their insurance company, CAP SPECIALTY bond insurance
about me being just another example of a person who wants to get something for
nothing, I must provide documented history of my life that refutes I was ever
that sort of person, information that is documented in divorce records and
other public documents that goes to this point. I am not a bad person. I do not
rip people off. I have a perfect payment history documented by the three credit
bureaus. I am a single mom who told a judge she would make do without child
support. I want my son to be safe and happy. I saw firsthand what monsters
money can make of people. The Israeli consulate notified me that my son’s birth
father committed suicide in Israel many years ago after nearly 30 years of refusing
to pay child support and hiding from the law. My son and I had therapy in the
1980’s because of how violent my husband became over money. He would beat me
during his visitation visits for having purchased oranges, for having given his
son James oranges because he said his mother wouldn’t give him oranges when he
was little. I went to a battered woman’s shelter when I was pregnant and
doctors told me I was so badly beaten that I should prepare myself, that I
would lose the baby. I did not lose JAMES but he was born very weak and hurt
and after years of therapy I made my choice in life. I chose life over money
hands down.
When I
recently learned of an inheritance in Israel that JAMES was entitled to, I
spoke to the attorneys in Israel and learned that my ex-husband had committed
suicide and that his suicide note mentioned money. I called the psychiatrist my
son and I had seen for years in the 1980’s to recover from being battered. Back
in the 1980’s all the therapists had warned me and other women in the battered
woman’s shelter that if they stayed in the relationship they were afraid to
leave, murder, suicide were very likely in their future. They were right in our
case. He probably would have killed us too. He killed himself just like the
psychiatrist predicted he would. I did not call the psychiatrist to start up
therapy again. I called to touch base, to speak to someone who knew, to say,
“You were right. It happened. Thank you for helping us escape that fate.” After
many painful discussions and countless emails which I still have stored on my
laptop and can provide copies to the court for review, I told the Israeli
attorneys I wouldn’t fight with the child my ex-husband fathered after he went
into hiding. That child was not disabled but he is bitter, angry and feels
betrayed and abandoned by his father, so much so that he lied to the courts and
told them JAMES MARSHALL did not exist. I told the attorney that it was my
personal opinion that the court should split the inheritance between the two
children and I would leave it to the court to decide what to do.
PLAINTIFF
wants SUPERIOR COURT in LOS ANGELES to believe I am a greedy gold digger who
goes around stealing roofing shingles and solar panels instead of the usual
stuff gold diggers go for. If you compare notes with the Israeli court, they
would never recognize the version of me that PLAINTIFF has concocted for
financial PLAINTIFF’S gain.
I let the
Israeli court know that if I received funds for JAMES from the inheritance that
I would use the money for the three emergency dental surgeries to attempt to
save what is left of JAMES’ teeth. I told the Israeli court that PETERSEN DEAN/
PLAINTIFF had tied up the equity in our house and that I was unable to access
it to help my son get his broken, medication dissolved teeth capped to prevent
them from all being lost. AT ALL TIMES I updated PETERSEN DEAN and their
insurance CAP SPECIALTY as to the pain that JAMES MARSHALL was suffering, the agonizing
pain JAMES was living with on a daily basis because PETERSEN DEAN had tied up our
equity that was slated to be used to repair JAMES’s teeth once the CFPB got
OCWEN LOAN MANAGING to correctly report my perfect payment history to the three
credit bureaus. Almost to the day that my credit score shot up from 420 to 730,
PETERSEN DEAN tied up our equity and prevented the three dental surgeries. I am
currently asking DR SNOW ORTHODONTICS in ENCINO to help me find help for JAMES
since this PETERSEN DEAN nightmare is still going on and several dentists say
they can no longer save many of JAMES’ teeth because of the delay.
ITEM 26:
PLAINTIFF
did not “repeatedly demand” payment. PLAINTIFF went dark as of January 2017.
PLAINTIFF tried unsuccessfully to coerce DEFENDANT into signing suspicious
documents from November 2, 2017 until January 13, 2017 and then both DEFENDANT
and RENOVATE AMERICA/HERO seemed to fall off the face of the earth. Both
refused to take my calls. Both refused to answer my emails. I began consulting
attorneys to sue HERO and I filed the CSLB compliant against PLAINTIFF for abandoning
the job and the financing. JAMES was so ill that I could not have filed the
CSLB without the help of the MARRIOT staff at our emergency housing hotel. Our
emergency housing was running out. Everyone was worried about how James would
survive the onslaught of distress.
PLAINTIFF
never once sent me a normal bill. It would have been illegal if they did.
PLAINTIFF’S interactions with DEFENDANT were more like being mugged than any
sort of business transaction. PLAINTIFF merely made ludicrous demands that I
cough different amounts of money at different times ranging from $34,000 to
$10,000 and that I pull this money out of thin air. I did not have a financing
arrangement with PETERSEN DEAN. I was to pay HERO but both HERO and PETERSEN DEAN
vanished. The demands for money they knew I didn’t have stopped. No reasonable
financing plan was presented to as a possible plan to replace the miraculously
vanished without a trace HERO FINANCING. The last time I spoke to GEORGE
MILIONIS was when he called after he saw me and JAMES sitting on the bench in
the hallway outside of Department 32. He asked for $19,000 out of the blue, no
financing, just pull $19,000 out of thin air and give it to him. No HERO
FINANCING, just cough up $19,000. MR MILIONIS came across as desperate and
angry. I think he was angry because I said no and because JAMES and I found out
about the case and showed up in court to try to hold the fort until we could
find an attorney who would clean up this mess on contingency.
PLAINTIFF
did not repeatedly demand the money. PLAINTIFF started the silent treatment in
January 2017 and is still maintaining the silent treatment. GEORGE MILIONIS
will not talk to me. He broke his vow of silence to call me and ask me for
$19,000 and never spoke to me again since then. He does not send me bills.
ITEM 27:
DEFENDANT
has not “failed to pay” any of her debts. PLAINTIFF has not reported DEFENDANT
to the credit bureaus for nonpayment of debt because PLAINTIFF does not have
that sort of contract with me and would likely get into more legal trouble for
making false reports to the credit bureaus. DEFENDANT has suffered compounding
financial hardships due to PLAINTIFF’S scheme and some of the losses suffered
by JAMES MARSHALL are irrevocable. The calcifications he has developed in his
leg muscles from hitting his legs repeatedly with his fists have cost him range
of motion and are now a cancer risk we must monitor. The teeth he is losing
cannot be replaced and due to his autism he is not a candidate for false teeth.
How will JAMES eat food? He loves to eat. As is he cries when he eats because
it hurts so. Will he have to drink liquified shakes and give up all the food he
loves? The damages are gut wrenching to
list because they are ongoing and horrifying.
DEFENDANT
most certainly did not refuse to pay PLAINTIFF. DEFENDANT refused to be bullied
by PLAINTIFF into signing contracts. PLAINTIFF knows full well that any and all
payment was due to him from HERO FINANCING, not DEFENDANT.
FIFTH CAUSE
OF ACTION
OPEN BOOK
ACCOUNT
ITEM 30:
This is the
first time DEFENDANT has heard of this open book account. DEFENDANT cannot
imagine how entries could be made in this cooked up book since no statements
were ever generated, no bills were ever sent. That book must be page after page
of:
Today we did
not send anything to PLAINTIFF. PLAINTIFF called and we refused to take her
call.
We told the
court we didn’t know where she was and we told our insurance company we were
not going to reimburse her for the emergency housing at the MARRIOTT where we
knew she was staying.
It must be
an interesting read if it reflects the bizarre “hide from JENNIFER MARSHALL but
tell the court we don’t know where she is and tell CAP SPECIALTY we are not
paying for that emergency housing at her room at the MARRIOTT”. I imagine there are only falsified entries in
that cook book.
ITEM 31:
The balance
shown in this fictional book has nothing to do with the amount of money
actually owed or the settlement arrangements agreed upon with HERO FINANCING
and DEFENDANT. The actual settlement figure would be less than $10,000 after
repairs, assuming PETERSEN DEAN didn’t owe DEFENDANT money for some of the
repairs that estimates were not given that might bring the amount to over
$10,000 in repairs. It is very likely that PLAINTIFF had to resort to an
earlier figure that did not include the fake tax credit of $10,000 plus in
order to justify filing this case in court for the opportunity to steal a
house. The correct figure would not have permitted this case to be filed in
small claims court because it would be in the red, PLAINTIFF would be filing a
case in court telling the judge they owed me money for botching a job and
attempting to pull off a tax credit scam as well. It was greed that opened the
door for me to discover the tax credit scam. If PLAINTIFF has just made the
repairs I would have signed off to allow HERO FINANCING to pay them before
discovering from HR BLOCK in Spring 2017 that I was not going to get $10,000
off. Because of the unusual, erratic greedy actions of PLAINTIFF I demanded
documents that made it clear it was a scam. The mold remediation going haywire
also helped me discover the tax credit scam. HERO was so greedy and eager to
get to replace the moldy door that they raised red flags when they told me to
go ahead and rip off my insurance company, they might pay the grotesquely
inflated figure, no harm in trying. I was flabbergasted by the suggestion. Over
the top desperate greed displayed by both HERO FINANCING and PLAINTIFF was what
tipped me off that something was very wrong. Most victims of this financing
scam do not find out until a year after the contractor is long gone and HERO
seizes the house because the bewildered homeowner finds out the hard way they
are not really getting a $10,000+ tax credit. I found out BEFORE because both
HERO and the PLAINTIFF were wigging out with greed. They felt the need for
greed and had no shame. I lingered in the San Pedro police station long after
the officer gave me the advice I needed. Don’t agree to meet strange men alone
at the property. Don’t get bullied into signing things. Contact government
agencies that help with housing problems. Discuss the situation with legal aid
and attorneys. I wasn’t in a hurry to leave the station. I had to orient myself
to the seriousness of the situation. When James and I got back to the Marriott
emergency housing, I called my insurance adjuster, DAVID KLEIN and left a
message on his voice mail saying that I know the emergency housing is not for
this purpose but I am extremely grateful for the safety it is affording James
and me during this frightening time. The hotel assured me that we were safe.
They bent over backward to help me prepare and fax documents to the CSLB and
attorneys to request help.
The balance
in this fake account PLAINTIFF refers to in ITEM 31 has nothing to do with the
reality of the balance of job in question. This number was selected so an
UNLIMITED case could be filed in the hopes PLAINTIFF would be allowed to take
our home away from us before we found out the case was filed.
ITEM 32:
This is a
ludicrous claim. PLAINTIFF shot himself in the foot and it trying make others
pay for his foot pain. After two years of being trapped in this real-life
horror story, DEFENDANT’S son is losing his teeth, his legs and his sanity
because due to autism he cannot comprehend what is going on and by now believes
it will never end. What has PLAINTIFF lost? Is failing to complete a scam the
sort of “loss” you can seek compensation for in court and from insurance?
PLAINTIFF did
not finish the job. PLAINTIFF derailed mold remediation causing us to be
exposed to stachybotrys mold all this time when it would have been removed in
the fall of 2016 had they not frozen our world to a screeching halt. Did
PLAINTIFF spend Thanksgiving 2016 vomiting their guts out in a hotel room with
a high fever like DEFENDANT’S son did? Did PLAINTIFF fear for their life, fear
they would lose their home every day and night for two years? What exactly did
PLAINTIFF actually lose? PLAINTIFF committed the heinous acts of putting
MECHANICS LEINS on a house that they did not complete work upon, misusing the
MECHANICS LEIN process to try to coerce signatures prematurely, to circumvent
justice and get money they did not honestly earn. Our loss is massive and ongoing.
I could never afford the repairs DEFENDANT tried to stick me with. My son’s
loss is gut wrenching to review but it must be reviewed. The PETERSEN DEAN
“good cop” told me we would be steam rolled and our pain would be unimaginable,
avoidable only by signing documents prematurely before the work was actually
done. I made the choice to fight for our lives. If I signed my son and I would
have lost our home in 2017 to the tax credit scam. I am literally fighting for
our lives. DEFENDANT probably has many cases like this in court and probably
never lost a night of sleep. Destroying us is just one of many “opportunities”
to take money they do not deserve and have not honestly earned. We are not the
first or the last victim of PLAINTIFF. PLAINTIFF cannot credibly claim a loss
on an account that is in the red because of unfinished work, unrepaired damages
to the property and financial fraud, misrepresentation of the costs and so on.
PLAINTIFF
did not send the account to a collection agency and did not report the lack of
payment to the three credit bureaus. These red flags should alert the court
that something is very fishy about this claim.
SIXTH CAUSE
OF ACTION
Quantum
Meruit
ITEM 34:
DEFENDANT
did not fail to pay for materials. AGAIN, PLAINTIFF was to be paid in full by
RENOVATE AMERICA/HERO FINANCING for all expenses, materials, labor and
equipment. PLAINTIFF could not be bothered to bring necessary equipment for
cutting wood and other tasks. DEFENDANT saw PLAINTIFF use her concrete patio
fixtures as work benches and split the concrete in two. DEFENDANT didn’t care
and made no offer to repair the damage. If DEFENDANT had been foolish to sign
the document PLAINTIFF was trying to force her to sign, none of these repairs
would ever get done. PLAINTIFF was demanding I sign that they already fixed the
broken items they had not actually fixed.
ITEM 35:
PLAINTIFF
understands full well that the reasonable value of all unpaid labor, materials
and services was to be paid by RENOVATE AMERICA/HERO FINANCE. PLAINTIFF is a
contractor of RENOVATE AMERICA and understand completely that PLAINTIFF was not
supposed to ask DEFENDANT for payment. PLAINTIFF should be denied attorney fees
and should have to pay the court for DEFENDANTS legal expenses, reimburse the
fee waiver program for unjustly causing the need for DEFENDANT to use that
program to defend her family in a case that never should have been filed in the
first place.
ALSO,
PLAINTIFF is giving the impression to the court that PLAINTIFF actually billed
DEFENDANT, sent bills to DEFENDANT. No bill was ever sent. There was not
financing with PLAINTIFF. PLAINTIFF never sent this matter to a collection
agency or reported it to the credit bureaus because that would risk discovery
of the tax credit scam with the HERO PROGRAM that PLAINTIFF was attempting to
bury.
SEVENTH
CAUSE OF ACTION
Violation of
Prompt Payment Statute
ITEM 37:
DEFENDANT
did not violate California’s prompt-payment statues. PLAINTIFF abandoned the
job, failed to comply with the rules of the HERO PROGRAM which was to pay
DEFENDANT. PLAINTIFF is not entitled to 2% per month on the amounts not paid
because DEFENDANTS actions and inactions caused HERO FINANCING not to pay
PLAINTIFF.
ITEM 38:
PLAINTIFF is
not entitled to attorney fees under the prompt-payment statues because the
funds were not wrongfully withheld by HERO FINANCING. HERO FINANCING did not
pay PLAINTIFF because PLAINTIFF abandoned the job and did not finish the work
as agreed.
EIGHTH CAUSE
OF ACTION
Declaratory
Relief
ITEM 40:
Again,
PLAINTIFF is concealing from the court that RENOVATE AMERICA/HERO FINANCE, who
PETERSEN DEAN works with, decided not to pay PLAINTIFF when PLAINTIFF reneged on
the agreement to remove the solar panels, complete the job and make repairs on
the items PLAINTIFF damaged.
ON THE FIRST
CAUSE OF ACTION
ITEM 1:
PLAINTIFF is
not entitled to a judgement of $34,118.06. PLAINTIFF is not entitled to be paid
for placing invalid MECHANICS LIENS upon a house when PLAINTIFF abandoned the
job on November 2, 2016. When invalid MECHANIC LIENS are filed and the court
and DEFENDANT are abused by malicious misuse of LIENS, PLAINTIFF is responsible
for the expenses of PROPER removal of said LIENS and any legal expenses the
malicious, improper use of the court cause DEFENDANT. DEFENDANT was forced to buy copies of the
MECHANICS LIENS with cash at the time because she did not have a fee waver yet
and PLAINTIFF did not serve her a copy of the LIENS.
ITEM 2:
DEFENDANTS
home should not be sold. PLAINTIFF is attempting to illegally seize DEFENDANT’S
home with invalid MECHANICS LIENS. The two MECHANICS LIENS should be declared
invalid and PLAINTIFF should pay for all the expenses of PROPERLY removing the
LIENS from the title and for all the medical and dental damages caused to JAMES
MARSHALL by PLAINTIFF making it impossible for DEFENDANT to access equity to
pay for JAMES MARSHALLS three dental surgeries. PLAINTIFF should pay for the
severe emotional distress caused to DEFENDANTS by making them live in fear day
and night for years worrying if they would become homeless.
ITEM 3
PLAINTIFF
should not be allowed for foreclose on a home when PLAINTIFF walked off the job
on November 6, 2016 and never finished the work. PLAINTIFF was to be paid by
RENOVATE AMERICA/HERO and yet concealed RENOVATE AMERICA/HERO from the court.
PLAINTIFF may have promised HERO/RENOVATE AMERICA money to “disappear” so
PLAINTIFF could concoct this attempted miscarriage of justice and seize a home.
ITEM 4
PLAINTIFF
should not be granted a deficiency judgement. PLAINTIFF was to be paid by
RENOVATE AMERICA/HERO FINANCING, their business partner, not directly by
JENNIFER MARSHALL. PLAINTIFF caused the crisis by going rogue with greed.
ITEM 5
PLAINTIFF
SHOULD NOT BE GRANTED A JUDGEMENT ALLOWING PLAINTIFF TO BECOME A PURCHASER OF
DEFENDANT’S HOME AT A FORCLOSURE SALE. PLAINTIFF threatened to do this in 2016
if DEFENDANT did not sign documents that would push DEFENDANT into bankruptcy.
PLAINTIFF appears to be in the business of stealing people’s homes, not in the
business of home repair. PLAINTIFF did sloppy work and deliberately left our
home in a state of disrepair and began talking about taking our home away from
us the day they had a careless accident and didn’t feel like repairing it.
ON THE
SECOND, THIRD, and FORTH CAUSES OF ACTION
ITEM SIX:
DEFENDANT
PRAYS that PLAINTIFF not be granted this judgement.
ITEM SEVEN:
DEFENDANT
PRAYS that PLAINTIFF be denied General and Compensatory damages because
PLAINTIFF concealed HERO FINANCING from the court to trick the court into
making this judgement.
ITEM EIGHT:
DEFENDANT
PRAYS that PLAINTIFF be denied the 2% per month under the BUSINESS AND
PROFESSIONS CODE. PLAINTIFF was unprofessional, did not finish the job and was
supposed to be paid by their partner RENOVATE AMERICA/HERO FINANCE, not
directly by DEFENDANT, so DEFENDANT did not and could not have done the things
PLAINTIFF is accusing her of.
ITEM NINE:
DEFENDANT
PRAYS that PLAINTIFF not be awarded attorney fees because it was DEFENDANTS
idea to file an invalid case on an unfinished job and break the rules of HERO
FINANCING.
ITEM NINE:
DEFENDANT
PRAYS that PLAINTIFF not be granted attorney fees and costs.
ITEM TEN:
DEFENDANT
PRAYS that PLAINTIFF not be granted interest, that PLAINTIFF be paid nothing
for filing an invalid case.
ON THE
EIGHTH CAUSE OF ACTION
ITEM 11
DEFENDANT
PRAYS that PLAINTIFF not be granted this judgement.
ON ALL
CAUSES OF ACTION
ITEM 12
DEFENDANT
PRAYS PLAINTIFF be denied for the cost incurred herein.
ITEM 13
DEFENDANT
PRAYS that the Court deems BC661819 to be an invalid case and that PLAINTIFF
takes nothing.
Dated May 7,
2018
JENNIFER
MARSHALL
