MAGNATE FUND #1 LLC at 1204 Alpine Road Walnut Creek CA

Filed 9/12/13  Chokatos v. Magnate Fund # 1 CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

JOHN N. CHOKATOS,             Plaintiff and Appellant, v. MAGNATE FUND #1 LLC et al.,             Defendants and Respondents.	A137174             (City & County of San Francisco             Super. Ct. No. CGC 10-500839)
GIANCARLO MARANGHI,             Plaintiff and Appellant, v. MAGNATE FUND #1 LLC et al.,             Defendants and Respondents.	A137187             (City & County of San Francisco             Super. Ct. No. CGC 09-487944)

            Plaintiffs John N. Chokatos and Giancarlo Maranghi appeal judgments of dismissal in favor of several defendants following orders sustaining without leave to amend demurrers to plaintiffs’ third amended complaints for fraud (complaints). We consolidated the appeals for review.

            Plaintiffs allege individuals and related corporations conspired to operate a “Ponzi scheme” in which money was borrowed from plaintiffs with false promises that the loans were secured by deeds of trust. We conclude the court rightly sustained demurrers brought by several limited liability companies because plaintiffs failed to allege adequately facts that support the alter ego or single enterprise doctrine under which plaintiffs seek to hold the affiliated companies responsible for the acts of other companies. The deficiency may be cured, however, and we thus conclude that the court erred in denying plaintiffs leave to amend their pleadings.

background

            Plaintiffs allege that defendant Benny Chetcuti, Jr., represented himself as an experienced real estate developer offering safe investment opportunities in his projects when, in fact, he was operating a Ponzi scheme with z and their related companies.

            According to plaintiffs’ complaints, Chetcuti and his company Chetcuti & Associates, Inc. (collectively, Chetcuti) “borrowed money from his victims, usually short term loans, with the promise of high . . . returns.” Chetcuti signed promissory notes and issued deeds of trust to properties owned by himself or “other entities” to secure the loans. Before recording the lenders’ deeds of trust, Chetcuti issued and recorded deeds of trust in favor of Simonse and related entities on unfunded sham loans “that would totally encumber the property.” “Simonse and his other entities would then foreclose on the properties, leaving the victims without any security for their loans, and defendant Simonse and his entities would have free and clear title to the properties, without actually making any loans. Defendant Simonse would then create new entities, and transfer title of the foreclosed properties to the newly created entities, without any consideration, to make the properties even more removed and difficult for the creditors and victims of defendant Chetcuti to recover the security for their loans.” “When defendant Chetcuti could not find enough investors to pay for various other loans, the scheme collapsed, leaving his victims with unpaid promissory notes with no security for their loans.” Chetcuti filed for bankruptcy. According to plaintiff Chokatos, Chetcuti perpetrated fraud upon at least 114 victims who suffered an aggregate loss of $28 million or more.

            Plaintiff Maranghi loaned Chetcuti $250,000 secured by a lien in the form of a trust deed on a Woodward Street property. Chetcuti defaulted on the loan and Maranghi has not been able to collect because Chetcuti did not record the deed of trust and Magnate Fund #2 LLC, managed by Simonse, made sham loans and recorded deeds of trust on the Woodward Street property before Maranghi could record his deed of trust. Magnate Fund #2 then foreclosed on the property and transferred title to 55 Woodward LLC, another Simonse entity.

            Plaintiff Chokatos’s allegations are similar. Chokatos says he contributed $500,000 toward a $2.8 million loan to Chetcuti secured by a deed of trust on a Parkridge Drive property. Before Chokatos’s deed of trust was recorded, Magnate #2 made a sham loan to Chetcuti secured by a recorded deed of trust. Magnate Fund #2 foreclosed the Parkridge Drive property pursuant to the “scheme and plan” of Chetcuti and Simonse “to leave plaintiff and others with an unsecured loan.” Magnate Fund #2 then transferred title to 20 Parkridge LLC, another Simonse entity.

            Plaintiffs sued the individuals and entities directly involved in the disputed real estate transactions as well as other entities. At issue here are claims for fraud, declaratory relief, and elder financial abuse (pled by Chokatos alone) against eight defendants that successfully demurred to the complaint: Magnate Fund #1 LLC, Magnate Fund #3 LLC, JWS Capital Management, Inc., LHJS Investments LLC, 27th Street Associates LLC, South Van Ness Street Associates LLC, 55 Woodward LLC, and 20 Parkridge LLC.[1] Plaintiffs allege that each of these entities was formed and controlled by defendant Simonse. We shall hereafter follow the complaints’ convention in referring to these eight defendants as the “Simonse Entities.”

            Plaintiffs allege the Simonse Entities were “participants, aiders and abettors in the wrongful activities alleged herein . . . , and the liability of each arises from the fact that each has engaged in all or part of the improper acts, plans, schemes or transactions, which operate a fraud against plaintiff.” They “had actual knowledge of the acts and conduct complained of herein and participated in the furtherance of the fraudulent acts.” The Simonse Entities “have participated as members of the conspiracy, or acted in furtherance of it, or aided or assisted in carrying out the fraudulent purposes . . . , and have performed acts and made statements or representation in furtherance of the conspiracy and in so doing aided and abetted the fraudulent conduct” of Chetcuti, Simonse and other defendants.

            It is further alleged the Simonse Entities “are being sued as alter egos of defendant Simonse.” Plaintiffs allege, on information and belief, that there exists “a unity of interest between defendants Simonse and the Simonse Entities, such that any individuality and separateness between defendant[] Simonse and defendants Simonse Entities have ceased, and each defendant Simonse entity is the alter ego of defendant Simonse, in that the defendants Simonse Entities are not adequately capitalized, or the capitalization was completely illusory; defendant Simonse commingled and used assets of the defendants Simonse Entities for his personal use; and that the defendants Simonse Entities were mere shells, instrumentalities, or conduits through which defendant Simonse carried on his business and affairs.” The complaints continue, stating that “Adherence to the fiction of the separate existence of each of the defendants Simonse Entities . . . would sanction fraud and promote injustice” in that Chetcuti has transferred money borrowed from individuals to the Simonse Entities and Simonse has transferred assets to the Simonse Entities. Also, “defendant Simonse can transfer title to the subject property to any one of the defendants Simonse Enterprises at any time to perpetrate the fraud,” as he did in transferring title to the properties securing plaintiffs’ loans “without any consideration and without regard to any company formalities.” Plaintiff Chokatos alleges that the Magnate Fund companies among the Simonse Entities were once lien holders on at least 100 properties and, a year later, were lien holders on only five properties, suggesting that they transferred assets to other entities.

            The Simonse Entities demurred to plaintiffs’ third amended complaints. The demurrers were sustained without leave to amend. The court found: “Plaintiff has not alleged facts showing that an injustice would result if the separate existence of the moving defendants is respected. Plaintiff has alleged that an injustice might result in the future, but this [is] insufficient to pierce the corporate veil. Moreover, plaintiff seeks reverse piercing, which is not available in California. (Postal Instant Press, Inc. v. Kasawa Corp. (2008) 162 Cal.App.4th 1510). Amendment is most unlikely to cure these defects.”

discussion

            On appeal “from a judgment of dismissal following the sustaining of a demurrer without leave to amend, we give the complaint a reasonable interpretation, and treat the demurrer as admitting all material facts properly pleaded.” (Joseph v. Johnson (2009) 178 Cal.App.4th 1404, 1409.) “The denial of leave to amend is appropriate only when it conclusively appears that there is no possibility of alleging facts under which recovery can be obtained. ‘A demurrer should not be sustained without leave to amend if the complaint, liberally construed, can state a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment.’ ” (Cabral v. Soares (2007) 157 Cal.App.4th 1234, 1240-1241.)

            The central claim here is fraud. “The elements of common law fraud are: ‘(1) a misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (or scienter); (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) resulting damage.’ ” (AREI II Cases (2013) 216 Cal.App.4th 1004, 1021-1022.) It is undisputed that the complaints adequately state causes of action for fraud against Chetcuti, Simonse and the companies that borrowed money from plaintiffs, recorded deeds of trust, received title to disputed properties or otherwise directly participated in allegedly fraudulent transactions. In dispute is the liability of companies allegedly controlled by Simonse, the Simonse Entities. The Simonse Entities argue that the allegations are insufficient to establish their liability for acts of fraud committed by others.

            Plaintiffs assert that the Simonse Entities are the alter egos of defendant Simonse and, in the only argument they advance on appeal, seek to impose liability on that basis. [2] Traditionally, the alter ego doctrine is used to establish liability upon an individual for the acts of a corporation and not, as here, to establish liability upon a corporation for the acts of an individual. (Postal Instance Press, Inc. v. Kasawa Corp., supra, 162 Cal.App.4th at p. 1513.) “Ordinarily, a corporation is regarded as a legal entity, separate and distinct from its stockholders, officers and directors, with separate and distinct liabilities and obligations. [Citations.] A corporate identity may be disregarded—the ‘corporate veil’ pierced—where an abuse of the corporate privilege justifies holding the equitable ownership of a corporation liable for the actions of the corporation. [Citation.] Under the alter ego doctrine, then, when the corporate form is used to perpetrate a fraud, circumvent a statute, or accomplish some other wrongful or inequitable purpose, the courts will ignore the corporate entity and deem the corporation’s acts to be those of the persons or organizations actually controlling the corporation, in most instances the equitable owners.” (Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 538.)

            The Simonse Entities correctly argue that plaintiffs’ allegations do not present a traditional use of the alter ego doctrine. Plaintiffs allege that the corporate Simonse Entities “are being sued as alter egos of defendant Simonse,” which reverses the usual case of an individual held responsible for the acts of a corporation. A California court has emphatically rejected third party “reverse piercing of the corporate veil, by which the corporate veil is pierced to permit a third party creditor to reach corporate assets to satisfy claims against an individual shareholder.” (Postal Instance Press, Inc. v. Kasawa Corp., supra, 162 Cal.App.4th at p. 1513.) The court noted that “Traditional piercing of the corporate veil is justified as an equitable remedy when the shareholders have abused the corporate form to evade individual liability, circumvent a statute, or accomplish a wrongful purpose. [Citations.] [¶] The same abuse of the corporate form does not exist when the judgment debtor is the shareholder. In that situation, the corporate form is not being used to evade a shareholder’s personal liability, because the shareholder did not incur the debt through the corporate guise and misuse that guise to escape personal liability for the debt.” (Id. at p. 1522.)

            Plaintiffs’ arguments, in large measure, attempt third party reverse piercing of the corporate veil, which is foreclosed by Postal Instance Press, Inc. v. Kasawa Corp., supra, 162 Cal.App.4th 1510. The trial court was correct in this regard. But the trial court was incorrect in denying leave to amend because “there is a reasonable possibility an amendment could cure the defect.” (AREI II Cases, supra, 216 Cal.App.4th at p. 1012.) The cure lies in another variant of vicarious liability known as the single enterprise rule.

            “[U]nder the single-enterprise rule, liability can be found between sister companies” or other affiliated companies. (Las Palmas Associates v. Las Palmas Center Associates (1991) 235 Cal.App.3d 1220, 1249.) “The theory has been described as follows: ‘ “In effect what happens is that the court, for sufficient reason, has determined that though there are two or more personalities, there is but one enterprise; and that this enterprise has been so handled that it should respond, as a whole, for the debts of certain component elements of it.” ’ ” (Id. at pp. 1249-1250.) The single enterprise rule recognizes that “it would be unjust to permit those who control companies to treat them as a single or unitary enterprise and then assert their corporate separateness in order to commit frauds and other misdeeds with impunity.” (Id. at p. 1249.)

            We reject the Simonse Entities’ argument that amendment should not be permitted because alter ego liability under the single enterprise rule is inconsistent with plaintiffs’ “theory of their cases at the trial court level.” It is true that plaintiffs’ allegations focus on corporate liability for Simonse’s acts, rather than liability between corporations, and thus the allegations fail to support a single enterprise theory as presently stated. But the allegations are consistent with the single enterprise rule and, in fact, mirror many of the factors used to establish liability upon corporations engaged in a single enterprise. “Factors for the trial court to consider” when assessing alter ego liability under the single enterprise rule “include the commingling of funds and assets of the two entities, identical equitable ownership in the two entities, use of the same offices and employees, disregard of corporate formalities, identical directors and officers, and use of one as a mere shell or conduit for the affairs of the other.” (Troyk v. Farmers Group, Inc. (2009) 171 Cal.App.4th 1305, 1342; accord Greenspan v. LADT LLC (2010) 191 Cal.App.4th 486, 512-513 [listing factors].) Plaintiffs allege the Simonse Entities “engaged in all or part of the improper acts, plans, schemes or transactions, which operate a fraud against plaintiff”; acted in concert; have “a unity of interest”; “commingled and used assets” are controlled by the same individual (Simonse); lack adequate capitalization; and are “mere shells, instrumentalities, or conduits through which defendant Simonse carried on his business and affairs.” The complaints also allege that Magnate Fund #2 LLC, which remains a defendant in the case, transferred property to 55 Woodward LLC in one case, and to 20 Parkridge LLC in the other, without consideration in a concerted effort to defraud plaintiffs. Further, the complaints allege that “Chetcuti himself transferred money borrowed from individuals like [plaintiffs] to the other Simonse Entities directly, like Magnate Fund #3 and LHJS.” The allegations suggest the Simonse Entities and other defendants acted as a single enterprise. Amendment of the pleadings will permit plaintiffs an opportunity to develop that claim.

Disposition

            The judgments are reversed. The cases are remanded to the trial court with directions to grant plaintiffs leave to amend their complaints. Plaintiffs shall recover costs incurred on appeal upon timely application in the trial court. (Cal. Rules of Court, rule 8.278.)

                                                                                    _________________________

                                                                                    Pollak, J.

We concur:

_________________________

McGuiness, P. J.

_________________________

Siggins, J.

---

[1] Most defendants were dismissed from both lawsuits. However, 55 Woodward LLC remains a defendant in Maranghi’s suit over the Woodward Street property. Likewise, 20 Parkridge LLC remains a defendant in Chokatos’s suit over the Parkridge Drive property.

[2] Plaintiffs’ complaints also contain conspiracy allegations but they make no effort on appeal to assert conspiracy as a basis for liability. We therefore do not reach the issue of whether plaintiffs have alleged, or could sufficiently allege, a basis for imposing liability on these entities grounded on a conspiracy theory. Nothing in our opinion should be construed to endorse or to preclude conspiracy allegations in future pleadings. (See AREI II Cases, supra, 216 Cal.App.4th at pp. 1021-1025 [setting forth elements of conspiracy to defraud].)

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Unfortunate Victims - Statistical Anomaly or Tactical Plan?

Unfortunate Victims - Statistical Anomaly or Tactical Plan?

In 2005 I nearly died from a bacterial infection but my allegations I'd suspected I was poisoned.  The how and why was suspicious.   The subsequent victims below closely fit my targeting profile I've developed.  When you understand the underlying motivations chances are you may try to argue or debate conclusions but the connotations suggest there a corundum is present.

Using a peer group modeling technique where we'll seeking comparative counties.  One critical is wealth and where it's concentrated weighs heavily within the Peer Group Study.  A core limitation is empirical data, medical reports and first person observations but perhaps this analysis will galvanize the Dr. Walker to first review my medical reports, interview ER Staff, review their Cell Phones records, emails and friends list.  The well used adage "the Turtle gets the worm" in my case "You can blow up my truck, beat me, poison me and try to run me over in the Walnut Creek Safeway Parking Lot but I'm going to use words over swords"

Why is my opinion so strong?  They rolled me over next to another person who was suffering with intestinal issues but they didn't know was I knew who she was and I've looking for her - she's gone.

---

November 6th, 2012
Gary Bell

http://www.contracostatimes.com/breaking-news/ci_22307636/richmond-councilman-elect-gary-bell-coma-unable-attend

August 2009

Danville Councilman Michael Shimansky

http://www.pleasantonweekly.com/news/show_story.php?id=2588
une 2008

Eric Nunn  - Was he impaired?

http://www.halfwaytoconcord.com/erik-nunn-dies-in-nevada-plane-crash/

Supervisor Federal Glover Sept 2007
Nearly succumbs to bacterial infection - non specific but near fatal

Pete B. November 2005
Nearly Succumbs to bacterial infection with 105 fever, severe vomiting and worse.  It was a close call as the ER doctors stated I was either septic or had septicemia.

I have found others but a vast number are divorcees or moms.  

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Anthony Banta Jr. - Hallucinogens or Food Poisoning

Hallucinogens or Food Poisoning?
You be the judge

December 30th 2012

Walnut Creek CA - Back in 2005 while living in Danville with Danvillians on Mission Place I was also dealing with another round of intestinal issues.  What was clear was something was making me sick all the time so at the Triage Window they'd say "you again" but now with all these incidents perhaps when Dr. Walker might read my medical charts he might finally begin to wonder if my complaints were spot on or better I can tell him which cases might be referred the coroners offices. 

 "Poisoning: MedlinePlus "

A Day of Hallucinations - Spiked Medications or Food
One day after taking a stronger dose of parasitic medication I began hallucinating but speaking with other CNET victims AKA Contra Costa County divorcee scandal I may not be alone as via Facebook, Divorce Court or Forums e.g. Contra Costa Times or Patch or Claycord.com were connecting.

My personal conclusion was the medication was laced but someone attempted to offer me something at the Safeway at 500 S. Broadway Walnut Creek mid-summer 2012 but that could have been a fatal mistake.

My theory was solidified after reading numerous Patch.com comments about the real Anthony Banta Jr. to by all accounts appeared to to be nicest person ever killed by a Police Officer.  I don't know what happened but I walk through out downtown Walnut Creek all the time.  The local homeless have taken my advice and I'll be frank - they are not taking food unless its factory sealed and they are looking better.  More later on that.

Perhaps the Walnut Creek Police may have killed a nicest victim ever who consumed something that wasn't supposed to consume it's worse other victims like myself reported strange medical problems but for me ten years I was worth about One Million dead but to bury even further it will cost the county even more. 

By the way of the many incidents I've been keeping track of many are suspiciously near our treasured trail system.  When the Google Earth Files you will see the weird overlays of trails to incidents.

Trail Suspect Profile: good shape, biker, hike, walk or run fast enough to get down the trail, a van or large SUV to stash the bike, fake plates while having extensive expertise in Forensics, biological agents, and toxins but if you worked for former Commander Wielsch you got access to all kinds of drugs or if you worked at the Coroners Office you could easily attain parasite samples from cadavers.  Sounds brutal and sound scarier than anything you've read occurring in the county.

My personal experience resulted in serious illness but my event overlapped a visit by a group of real estate agents who were scheduled to be in the house.  I'll never know whether it was coincidence or actaul but the county ER send me home and sleep it off. 

On the heals of my November 2005 near fatal poisoning it could have been yet another intestinal bout.  There are others reporting similar maladies with fingers pointing in the same direction.  Although some may say this is improbable but my concerns that Councilman Mike Shimansky now deceased who died within weeks of my June 2009 police was another target and my timing perhaps clarevoyant.

What changed my perception of everything going on near me was the July 2011 accident that was a very deliberate attempt to kill or harm me.  That accident like others failed (again) but manage to destroy my car and but my accident on July 20th 2011 was close to Charles Silverman's accident geographically and timeline as he was killed on July 10th 2011 Pleasant Hill Road at Springbrook. 

Just your normal Walnut Creek bartender who happened to work at the Havana Grill ended crashing his car at your everyday speed of over 100 mph.  A Patch.com comment stated she saw him at Withers Ave / Taylor - in her words "he had the look of terror in his eyes" and two minutes later she came upon the Silverman wreck. 

My visit to the county jail in April I soon discovered my brakes were sabotaged but like all Walnut Creek Police reports - they're never gonna file that report because they won't file a report because they don't file reports when it comes to attempted murder they only target bar owners .  As you read my blog you might get the impression someone has been trying to kill me - don't ask me just ask yourself - what is this guy saying?

http://claycord.com/2012/10/07/28-year-old-clayton-man-killed-during-vehicle-collision-in-lafayette/

There are numerous out of context events such as Alison Bayliss (Danville Divorce), Brian Erb (Back Forty BBQ) Michael McNulty (Humbolt), Michael Spence (Janitor) who jumped to his death about 1,000 feet from where Micheal Banta worked.  My customer was Christopher Spence (gun cleaning accident), and Loretta Hale (Suicide Mt. Diablo) Green Valley School parent (Tanabe, Joel Gollub, plus there is Roma Bhatia.  All three were real estate agents in the area and suffered what's best described as untimely deaths - but all these deaths shared a common thread - there were no witnesses. 

There is no question something is going on as if you spent the time you'll quickly conclude that there are far too many victims out there.  A homeless man named Dave who lives (or tries to) to live in downtown Martinez for no clear reason jumps in front of the Amtrack Train or Glenn Davis tragic collision with a car on Clayton Road in Concord near Treat Blvd appears to be another zombie death walk.  His sad video ran on Claycord.com depicting him as one of the demonic Claycord Eleven and how many churches do we have in Contra Costa? 

My point is why do perfectly normal persons suddenly flip?  Well in my younger days (1970s) experimenting was common so I was able to keep control over events but more than once I felt like I was being drugged. 

In my bacterial article called "Bacterial Infection or Murder by Bactieria" points to someone with great expertise, access to bacterial agents or toxins.  My June 2009 police report was filed weeks after dinner with Supervisor Glover who like me suffered a non-specific (near fatal) bacterial infection but that was also weeks before Danville Councilman Shimansky died.  I've learned that I'm either clairvoyant or good at recognizing patterns that don't fit the norm.  Mike was the nicest person ever but these infections could easily carve a path to winning elections or affecting a persons livelyhood such as it did mine. 

In terms of these "medical events" I'll simply never know but if you're reading this you're informed and that's enough.

If this is deliberate then the delivery method would be food, drinks, or medication or perhaps atomized, skin contact, or injection.  Lacing the medication is challenging but targeting near impossible unless you're in the house or near enough to that person. 

I've noticed near the fire bombings, arson and all these pipe bombs is the close correlation to the trails so someone seeking to be truly random would take advantage of easy to enter locations. 

Was this what befelled Anthony Banta stated we'll never know unless they do an extensive tox-screen but even then I believe hallecinogens are hard to detect.  I suspect this is mechanism of choice that just happens to parallel outsourcing of Kaiser's IT department. 

It's all about opportunity and motive but I know more than one victim that was also a Kaiser Patient - I know it's just a coincidence. 

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Former SFPD Lt. Oberhoffer - Trail of bodies in S.F. flat

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PLAINTIFF's Winners Circle For Alicia and her Daughter

Two Murder Suicides One Block Apart?

In Nov 2004 a pipeline explodes in Walnut Creek CA, then there is a Murder/Suicide of a nearby mom/daughter, then years later down the road, two Los Lomas High School Students drown, then 1990's Alumni drowns in the very same channel, then ten years later this researcher discovers that main witness is dead while copiously missing from the investigation process then after a CalFire Pipeline Engineer slams the phone down this researchers keeps digging. The Murder/Suicide victim are related to the heavy equipment operator.


This researcher has a long forgotten connection as there is litigation connecting Bennett to Dr. Kim Fang whose offices overlooked this same channel. In the middle is the Walnut Creek Police Department and the City of Walnut Creek CA.


Fang v. Bennett 1987) once had offices overlooking channel, 14 years later Kellie Reed a cook and bartender from Tiki Toms cook is killed on Ygnacio on same channel, but five men were burned alive above channel, a woman jumps to her death near the Channel, a man drowns in tributary to channel, and two jump from Kaiser


On Sept. 28th 2013 Bennett was nearly killed on this very same channel, still no police report, still wondering and asking for a police report which prevents him from getting VCP or Victims Compensation so he can begin to rebuild his life, take care of his sons.

Sooner or later this serial arsonist-murder operation will attempt to kill sons alive in the shit shack where they live.

Lt. David Oberhoffer SFPD - statements of psychopath that has my court files.

Has copies of all my legal documents
Knows where my sons live
Involved with CNET Officers
Has been near Piedmont Fires

Marcy's Law Except Pete Bennett whose outgunned, out manned and overwhelmed

No one will help me get access to the services, my license, my cars, my endless losses and endless misery while I've chronicled the deaths of my friends.

I know Wielsch, Butler, Tanabe, Lombardi, Bergen,

I know even more victims.

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Arson or Fire: 57 People Displaced In Walnut Creek Fire it's another Chris Butler Client

NOTE:  Nearly eight years later I find someone who lived in the unit that caught on Fire and hired Chris Butler.  Same story like mine - attempted murder in Sonoma, Marin, Alameda, San Francisco but NOT Contra Costa County - I've got plenty more like this one.

57 People Displaced In Walnut Creek Fire

Friday, August 18, 2006

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Aug. 18 - BCN -- Contra Costa County's fourth major fire in eight weeks has left 57 Walnut Creek residents displaced and rescue workers feeling exhausted, Red Cross spokeswoman Mila Fairfax said today.

The most recent, four-alarm fire began sometime after 5:30 p.m. Thursday at the Broadway Plaza apartment complex at 1170 Lincoln Ave. in downtown Walnut Creek, destroying seven units and heavily damaging 10 more, according to Contra Costa County Fire Protection District spokeswoman Emily Hopkins.
Contra Costa County Fire Inspector Bob Davis said firefighters evacuated 38 units, some of which were heavily burned or gutted by flames. The floor in one unit partially collapsed, preventing firefighters from completely controlling the fire until about 10 p.m.

According to Hopkins, a male firefighter and a female resident were taken to the hospital for minor injuries. Hopkins said the firefighter has been released but she had no information today on the woman's condition.
Early this morning, residents were allowed to return to their apartments to gather personal belongings, though according to Fairfax, almost nothing was salvageable from some units.

Animal control officers spent the morning looking for missing pets, Fairfax said. She said she was hopeful because "most of the animals in the fire were cats, and cats have skill in escaping fires. If there is a way for a cat to get out, they will."
Fairfax said residents whose apartments were not damaged would probably be allowed to return home this afternoon.

The Red Cross is making available mental health professionals for fire victims, and Fairfax said two dozen people were waiting to speak with counselors by 10 a.m.

Hopkins said those displaced by the fire should visit the Red Cross service center at Civic Park Community Center, 1375 Civic Drive at North Broadway. It is open until 6 p.m. today.

"This is the fourth major fire in eight weeks in Contra Costa County, so both the first responders and Red Cross volunteers are feeling strained," Fairfax said.
The first of the four apartment fires occurred in Bay Point on June 27. The second happened on July 18 in Concord and the third fire took place in Walnut Creek on Aug. 5.

The cause of Thursday's fire, which caused an estimated $2 million in damage, is under investigation.

For more information on how you can help victims of the fire, contact the Bay Area Red Cross at www.bayarea-redcross.org or call (415) 427-8000.

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Food Stamps or Victims Compensation Fund

Food Stamps or Victims Compensation Fund 

One has to wonder how one resident can be attacked, beaten, poisoned, suffer bacterial infection, get a case of MRSA, and parasites plus nearly be killed in more than one accident over 30 years and managed to collect over 75 police reports ranging from theft, break-ins, fires, arson and vandalism?

 

"I'm not this unlucky - simply impossible"

In the eighties Pittsburg Police Officers and their cronies stole my tools, property and vehicles.  In 2004 Danville Deputies pulled the same routine as they swiped my coin collection now valued at $40,000 which vanished during this wild nightmare.  

 "CNET officers are solid opportunists with well honed tactics"

The sad part is these officers have a long history of stealing from residents where they use asset forfeiture procedures take residence using a unique targeting model.  There must be a team of researching matching the perfect asset ripe for the taking.  This includes the Tow Companies of which you can blame your legisslature for that problem but read my Marriot Priced Storage Facilities - the greed is evident. 

There are teams of target homeowners that routinely find properties which are generally fully paid who do a drug drop (Plant Evidence) then seize and sell.  The stories seem to surface almost daily and suggest that Contra Costa County coffers are no more than a slot machine for attorneys.  

Since 2004 lost over $30,000 in cars, a $400,000 inheritance as another attorney in Walnut Creek probably colluded with my brothers to tweak trust documents.  

One attorney settled my $400,000 for $55,000 over a personal injury case - details later but I was at a disadvantage.  Shuttering my cabinet shop was the worst as several million in future contracts plus $250,000 in hard losses.  

In 1990 the FBI strongly suggested leaving - they used the words "My Safety Was In Danger" but those fine Danville Deputies waiting at the Martinez Detention Facility then promptly placed Mr. Whamo in my cell which is one of the ways they kill suspects.  Livingston lives in Danville as does Judge Gollub who knows about many of these events but today (December 13th, 2012) he got some bad news as I said you remember my truck blew up on 680, well now that's connected to the pipe bomb found in front of Pleasant Hill Elementary School on Oak Park Blvd just down the street from two persons that the Lafayette Police won't investigate from last years accident.  

Just in case you're wondering about me please watch me on PBS trying to save your job from being shipped overseas. 

Click for Vidoe 
High-tech Companies Seek to Hire More Foreign Workers

When you look over thirty years at all the deaths near - it leaves you wondering.    

The point is when you can't recover your losses when your attorney gets beaten you end up on food stamps, when your car gets totaled you end up on food stamps, when you truck catches on fire you end up on food stamps, when read my lips when your cabinet shop fold when you get attacked over and over - your life falls apart. 


In 1990 I closed up a cabinet shop in Pittsburg after being targeted - some of those officers have landed elsewhere in the county.  

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Contra Costa Supervisors

Supervisor Glover

My connection to Federal Glover leads to the Mid-Eighties when one of his family members worked for me but we also worked together on the first stages of the Pittsburg's Seafood Festival. Nothing remarkable but that the brother of that employee was murdered in 1984 or 85, they call it a justified shooting and use of force.  The how and why for another blog page.

We also share in my opinion was near identical bacterial infections-both near fatal, mine was in 2005, his 2007 which came up during our short conversation during a dinner because we shared a table at Sophie (now closed).  I never shared another conversation with Eric Nunn on June 26th 2008 just days before Mr. Nunn's fatal flight. 

As this blog evolves pages will surface regarding, strange medical, natural causes death, accidents and known events where the public can make their own assessment.  I am reporting events that are real but also often too close to me.

I reported my allegations to Officer Paul Murphy who more or less laughed his way through the report and Councilman Shimansky died within weeks of the that report from Spinal Meningitis which was one of my allegations as I know other victims.



Supervisor Anderson

The best Ms. Anderson could say to me on August 3rd at the Council of Mayors Orinda CA was "I'm sorry you've but I guess you've had a lot problems" but even when they are attempted murders no one follows through.  One core issue is my former Mormon friends are avoiding the victims especially the witness to the Arson Fire in 2004. 

Just so you know the person killed on 24 WB on the early morning hours was a friend from where I sing - just another coincidence just like the night in jail where former Danville Deputies nearly killed me with another inmate but few attorneys will represent me for the very obvious reasons. 

Supervisor Piepho
Very good at not returning phone calls
Supervisor Goia
Not much to say - he seems just to be a normal politician and good human being who cares about his county.

Supervisor Glover
We share a past that's hard for most to understand.  When I went back and rebuilt my long timeline I realized that we share far too many deaths near us.  That's when I started looking, asking questions and researching.  

We both nearly died from Bacterial Infections - the difference is I said from Day One I was poisoned to the staff at Contra Costa Regional Medical Center CCMRC - no one believed me but I suspect they are wondering if I was right. 

Supervisor Michoff
Started out badly, has improved but since I've made so many calls about events it hard not to draw a conclusion that perhaps Candidate Elect Gary Bell medical drama could be linked to near fatal medical but more important my letters precede his illness.

Follow the trail of peanut shells leading back decades

I've left a trail of public letters subject to the California Public Records Act but even after my acquaintance was murdered, my former clients dying, former parents, a few heart attacks, car crashes and a few plane crashes of people I know no one seems to interested.

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Blast kills 2, puts 6 in hospital / Fuel line erupts in flame at work site; 2 missing

By PETE BENNETT - Contra Costa Watch EMAIL
Phone: 510-460-5641
Posted: 12/24/2013

Reposted to Protect My Sons
Perhaps the CEO of Accenture will give my 4.0 Student Son a College Grant 
Arson Murder - Magalia / Paradise CA
Related: Arson / Arson

WALNUT CREEK / Blast kills 2, puts 6 in hospital / Fuel line erupts in flame at work site; 2 missing

Meredith May, Demian Bulwa, Carrie Sturrock and Leslie Fulbright, Chronicle Staff Writers

Published 4:00 am, Wednesday, November 10, 2004

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  Adri Riley (cq) (left) and Sarah Potter run with their pet dogs out of the Diablo Pointe apartment complex at 1450 Creekside Drive in Walnut Creek.They were told to evacuate because of fear of further explosions. (note : they did not live at this complex but rather one just across the street. A gas line explodes killing two members of a work crew as they were working on a construction project on South Broadway near Los Lomas High School. Photo by Michael Maloney / San Francisco Chronicle Photo: Michael Maloney

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A fireball several stories high roared out of the ground near downtown Walnut Creek on Tuesday, killing two construction workers, injuring six and leaving two workers missing after a crew accidentally cut an underground jet fuel line.

The blast occurred about a quarter-mile away from the intersection of Newell Avenue and South Broadway, where two crews contracted by Mountain Cascade Inc. of Livermore were installing a large water main for the East Bay Municipal Utility District.

One group of workers was welding in a trench, and a second group was digging another trench with a backhoe that apparently broke a pipeline that carries aviation fuel from Concord to the San Jose International Airport, said EBMUD spokesman Charles Hardy and Walnut Creek police investigating the accident.

Ellen Sabaduquia, 54, of Walnut Creek was driving on Broadway at 1:30 p.m. when the inferno shot out of the ground a few feet from her Toyota minivan. 

She watched in horror as two screaming men emerged from the hole, engulfed in flames.

"I thought I was in Fallujah for a moment," Sabaduquia told The Chronicle, her voice trembling. "It almost looked like slow motion from a horror movie."

Sabaduquia said she wanted to get out and pick up the workers, but the flames were too ferocious and she was forced to throw her vehicle into reverse.

The six workers who were injured were all burned -- three critically, authorities said. Those with the worst injuries were airlifted to Doctors Medical Center in San Pablo in critical condition with burns over 40 to 60 percent of their bodies, said hospital spokeswoman Paula Ferron.

Two victims were airlifted to John Muir Medical Center in Walnut Creek with burns so severe they were transported again to a burn center at UC Davis, according to a hospital spokeswoman. There was no information available on the sixth burn victim.

Initial reports by authorities had three workers dead, but later in the evening police said that they had confirmed two fatalities and retrieved the bodies of those victims. Authorities did not disclose the names of the dead or the missing.

The accident sparked a series of underground explosions, sent a huge column of black smoke into the sky, burned one home and damaged several others on Doris Avenue, and prompted the evacuations of Las Lomas High School and Muirwood Elementary.

"This is the worst day of my life," said Bill Williams of Mountain Cascade, general contractor for EBMUD's $180 million Walnut Creek-San Ramon Valley Improvement Project to increase water flow in the area.

Williams fielded phone calls Tuesday afternoon from worried wives and scanned work rosters to try to figure out who was unaccounted for.

The explosion rattled shops at nearby Broadway Plaza and caused students to jump in their seats. The force was so intense it blew out the windows of several apartments on Creekside Drive across the street and charred the cab of an 18-wheeler parked near the construction site.

Initially, firefighters were prevented from approaching the searing hot flames, so they were forced to keep the public away and wait for the gasoline to burn out.

Firefighters capped the pipeline at cutoff valves in Concord and Alamo, and the inferno receded about 90 minutes later, said Steve Maiero, battalion chief of the Contra Costa Fire Protection District.

They discovered two bodies in or near the hole, Maiero said.

The jet fuel line, owned by Kinder Morgan Energy Partners of Houston, was marked on maps that construction workers were using, according to Eugene Braithwaite, director of operations for the company's northern region.

Kinder Morgan is under investigation in a separate incident in which 85, 000 gallons of fuel spilled from one of its pipelines into the Suisun Marsh last April.

Braithwaite said as soon as it was safe, Kinder Morgan would assess how to clean up the Walnut Creek pipe break, possibly using vacuum pumps to remove any residual fuel.

A few Doris Avenue residents spent the night with friends or in hotels with help from theRed Cross. Among them were Enos and Leto Chabot, who lost the back half of their two-story home at 2053 Doris Ave. The fireball rose 90 feet from the construction pit, up a concrete wall and burned their entire backyard, melting the windows on their back wall.

The couple were having lunch at the Hick'ry Pit restaurant nearby when they heard the boom, and they returned home to find their neighbors evacuated to a street corner a few blocks away.

"The important thing is we're OK," said Leto Chabot. "We have insurance, but this will take months to get fixed."

At Las Lomas High, Sarah Jones, 16, said she was in her physics class when she heard what she thought was someone dropping something on the roof.

Students were instructed over the loudspeaker to stay inside, then told to evacuate to Civic Park. They could see the plume of black smoke from the parking lot.

"I don't think we were so much scared as confused," Jones said. "Because nobody told us what was going on."

The evacuation went smoothly, however, because nearly all the students had cell phones and could call their parents to come get them. Only about 50 of the school's 1,700 students made it to Civic Park, and the rest went to downtown coffee shops and juice bars to wait for their parents.

As darkness fell, authorities used a robot to shoot close-up photographs of the accident scene.

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