Based on the “defective sublease defense”, Procaccianti, the sublessor, moved to have the 1999 sublease amendment declared invalid, and the 2012 lawsuit plaintiffs filed to substitute in the unincorporated Council of Co-Owners, which is named in the sublease, the State Farm lawyers cooked up another bogus legal theory to sell to Judge Gordon: That after Judge Willett, in January 2011, invalidated the homeowners’ January 18, 2006 meeting vote approving the ground rent rate, the homeowners had “voted by pen” by signing their ground lease amendment. What makes it more outrageous is that amendment relies on and cites the January 18, 2006 rent setting vote. Sounds bizarre and unbelievable?
Even Procaccianti, the Sublessor, objected to it at first, but warmed to it after Judge Gordon bought it hook line and sinker.
Unlike a Good Neighbor...
Scottsdale Hilton Casitas - the HOA from Hell!!
The State Farm Lawyers:
To win a case, in these days of “it depends on what is, is”, lawyers seem prepared to say, argue or do anything. The State Farm lawyers are not an exception.
During their losing of the 2006 lawsuit, they cooked up the “defective sublease defense” and in the 2012 lawsuit the State Farm lawyers launched it by claiming that the non-profit Hilton Casitas Council of Homeowners was not a party to 2006 lawsuit and the subleases and was barred by state law from preforming the function of the HOA named in the sublease. A position that screws all the other casita owners’ properties, which was taken without knowledge of and approval from the HOA board or the casita owners.
State Farm Screw-U Team Members
Beyond the question of why any would of the casita owners oppose reducing their ground rent, as claimed by the State Farm lawyers, is:
Why would State Farm pay out $295,000 in losing the 2006 lawsuit (does not including what they paid to their State Farm lawyers), and then not only risk even more exposure in other lawsuits, but damage their insured?
Also, why would the HOA president, a State Farm agent, commit perjury at the behest of the State Farm lawyers and injure his neighbors?
Was it corruption, incompetence, or maybe hubris?
In a December 18, 2018 letter the State Farm executive (that supervised and directed the State Farm lawyers along with approving their pay) has been asked to enlighten all of us. Additionally, Mr. Tipsord, the State Farm President and CEO, has been asked to comment as well.
In objecting to the unincorporated Council of Co-Owners being declared Hilton Casitas’ HOA, the State Farm lawyers failed to produce a HOA board resolution and a homeowners’ resolution. But in August 2014 Judge Gordon bought it anyway.
The State Farm HOA President:
“One down, three to go” that’s what HOA president Bengson-the-perjurer said to me another casita owner after illegally canceling the March 2017 annual homeowners meeting. He was referring to Diana Shaffer, one of the casita owners who dared challenge the morons who enjoy paying high ground rent. Ms. Shaffer lost her home after being drained by the cost of fighting for lower rent for herself and her idiot neighbors.
Before Bengson-the perjurer became the HOA president, the State Farm lawyers admitted that they were being directed by State Farm and not the HOA board. Having Bengson-the-perjurer, a State Farm agent, as the HOA president was perfect for keeping their “defective sublease” defense alive within the State Farm family.
In June 2016 Bengson-the-perjurer gave sworn statement that he has personal knowledge that the unincorporated Council of Co-Owners became a non-profit corporation known as the Hilton Casitas Council of Homeowners in 1994. He must have been using the same State Farm time-machine that allowed the mullet casita owners to have a “vote by pen” in 2006 after Judge Willett in January 2011 invalidated the original January 2006 vote.
After his June 2016 perjury, Mr. Bengson followed up with perjury in another case. In September 2016 after finding out that the casita owners had paying $120 a month for Safeguard security to the Scottsdale Hilton Hotel, but only $98.71 a month was actually being paid to Safeguard. Of the $98.71 a month we had been paying for six and half years, a portion was for home monitoring. Only we were never told the home monitoring service, nor received the service.
In August 2016 we asked the HOA to seek a refund from Safeguard. They refused, and we filed in small claims court for our $3,317.23 overpayment. Instead of settling the case and seeking a refund from Safeguard, Mr. Benson had the then HOA lawyer (who was his friend and personal lawyer) transfer the case to the JP court and made a false sworn statement that my wife had attended the March 13, 2011 annual meeting where Safeguard made a presentation. Only he was not a homeowner at that time and did attend the meeting.
The HOA not only lost the case but appealed and lost again. They ended paying us the $3,431.26 JP judgment, got saddled with a $10,340.30 judgment for attorney fees, and probably spent at least $15,000 on their lawyers.
So, to add injury to perjury, Mr. Bengson instead of asking Safeguard for a refund for services that were never rendered, he decided to lose $30,000 of his neighbors’ money on a meritless lawsuit. Another example of spending other people’s money. What a Genius! Perhaps he should run for congress.