Tuesday, April 23, 2019

OPEN LETTER TO FARMER'S ATTORNEY CHRISTIAN F LAMOND


NOTHING IS STOPPING FARMERS INSURANCE, SHADOWBROOK ESTATES HOA AND CAMMARATA MANAGEMENT FROM DOING THE RIGHT THING ABOUT WATER DAMAGE AND STACHYBOTRYS MOLD THEY CAUSED WITH LAWN SPRINKLERS. 

(Covering up some of the evidence of the ongoing damage with wood chips is not an appropriate form of Stachybotrys mold remediation.)


Dear Mr. Christian F LaMond, KMFM Law Firm, Farmers Insurance, Shadowbrook HOA, Cammarata Management, et al;

To clarify, my autistic son James and I were trapped for years in pro per as “defendants” in BC661819 in a HERO home repair property tax financing scam. You may examine the public records to verify my statements. 

James was in a downward spiral the entire time, a downward spiral started years ago by your ruthless, vindictive, heartless client, Shadowbrook Estates Homeowner's Association. You are free to examine the frivolous case the Shadowbrook HOA filed in court that nearly killed James. James never recovered from what the HOA put him through.

Then Farmers and the HOA compounded the previous injury with new unnecessary injuries and took advantage of our predicament and just didn’t do the repairs on our home since we were spread too thin to be able to take on the formidable task of forcing them to make repairs WHILE grappling with our injuries.

Now we have prevailed in BC661819 and the threat of losing our home to that scam is over. However, James’s health has continued to get worse. My health, documented as good by a full exam in 2016 suddenly began to sharply decline when a FARMER'S representative called me DURING an exam in 2016, after I specifically asked this FARMER'S representative NOT to call during this time period and the doctor noted that the call offering me "a settlement of $300 and a bag of wood chips and a small piece of drywall had caused my blood pressure to spike dangerously high. Farmers made that call to me even after I told them not to call me because I was having an exam. 

This Farmers representative called me back right after I told I could not talk because I was having an exam, but he defiantly called back again immediately because he just could not wait a few hours for me to finish my doctor visit to tell me of the HOA’s offer to “settle” a massive water damage problem with a bag of wood chips and a piece of drywall and $300/$500 dollars. 

This FARMER'S representative acted so excited to tell me of this settlement offer made by the Shadowbrook Estates Home Owner's Association as if it was the biggest settlement made in the history of mankind. The shock of the absurdity and cruelty of such mean spirited low balling of a serious stachybotrys mold problem made my blood pressure spike. The doctor said my records never showed blood pressure this high before. I had never received such a gut punch before. This FARMER'S employee will be called upon to testify before a jury as to who put him up to that stunt and why he agreed to engage in such cruel  behaviour. 



Your client offered me a tiny piece of drywall for this area of Stachybotrys mold by our staircase where the only water source was the lawn sprinklers:











You client refused to pay for all the drywall needed.






It was a miracle we were able to get the two (property tax scam) Mechanics Liens removed in our condition, with no legal help because we couldn’t afford an attorney. You could have made it easier by making our home safe to live in while we went through that ordeal. Instead you decided to let us live in a dangerous, gutted house, suffer back to back lung infections, and have no kitchen facilities, no place to cook and to wash dishes for YEARS. You did this to us because you wanted to, not because you had to. There was nothing stopping you from finishing the mold remediation and repair of our home once tests showed the sprinklers caused the damage. You hoped to get away with not being responsible.

As plaintiffs now that the PETERSEN DEAN / HERO FINANCING PROPERTY TAX SCAM is no longer a threat, it will be easier to get an attorney to sue Farmers and Shadowbrook Estates, Cammarata Management et al, easier but not easy. 

I remind you that you did not have to force me to take on this burden in our wounded state. You and your client have always been free to do the right thing and make the home repairs. Since you are forcing me to sue to get mold remediation and water damage repairs, I insist on a trial by jury and I insist you explain to the jury why you took this route, why you decided to put me and my son through such extraordinary pain for what should have been, by all the video, photographic and test result evidence gathered and shared with the California Department of Insurance, a simple repair job and a ceasing of bad watering habits by your client.

An attorney on AVVO messaged for me to call his office weeks ago for possible representation and I had to keep messaging him that James was too sick for me to have the meeting yet.
In fact, James has just stated screaming again now. What you can't see in a letter is how many times I have to leave the work and attend to James. I have to finish this letter in stages. You can’t do an intake with an attorney under these conditions. I have to wait until James is well enough for me to answer the attorney's questions in one sitting. In his current state James is unable to go to his physical therapy appointments and only goes to doctor appointments, sometimes five days a week, to try to diagnose and manage the crisis.

I’m having to multi task now WHILE I write this. I can’t do intake on a legal case while taking care James in crisis. James was having such a bad reaction to medication after his recent emergency room visit that we had to reschedule his surgery. He was too sick for surgery. This is what I was trying to tell you yesterday over the phone. I was multitasking during that phone call as well. We were in line at the cashier shopping, James had to have an emergency bathroom visit and change his diaper and I had to protect him from darting into traffic while I was talking to you. That was a “good day” because he didn’t need his wheelchair. On a bad day he is screaming at the top of his lungs and no conversation can be held.

A jury will understand what we have been put through, that you unnecessarily forced me to sue you in order to get our home repairs. I also believe a jury must be shown the full history of what Farmers allowed the HOA to put us through knowing it was very damaging to an autistic person to have their home, their life disrupted like this.

I have asked my congressman Ted Lieu to help me press criminal charges against Roy Guthrie, CEO of Hero/Renovate America home repair financing and their Contractor Petersen Dean for the property tax financing scam home repair scam. I will seek help from every possible source to bring you to justice as well. It is wrong to cause a life threatening situation and just leave your victims in it with the hope you will get away with it. You should be ashamed and punished to the full extent of the law for treating a stachybotrys mold problem you caused like a joke.

I will manage to sue Farmers and the HOA  et al since you refuse to finish the remediation and repair unless a court forces you to. I will do this as soon as humanly possible under the circumstances. I will ask the court to make you buy us a new home for putting us through this, for neglecting to make required repairs.

In court it is also my intention to allow the jury to review the historical facts, the entire history of this HOA tormenting my autistic son for years in a frivolous case that was ultimately dropped because it had no merit and cost HOA homeowners, including me, $50,000 for the vindictive, hateful harassment and abuse of the court. The Management company (Bali, not Cammarata) confirmed that they filed the frivolous case as “punishment” because we had been able to keep our side-yard safety gate (to keep James from darting  into traffic and being killed) and that we must pay a “sacrifice” for being allowed by law to keep that gate, that something we cherish must be sacrificed because the HOA was offended and called for a “sacrifice”.  The HOA and Bali Management went down a list of things and when none of those sacrifices satisfied them, they kept coming up with new "sacrifices", as if our pain was not impressive enough and they had to keep going until they felt satisfied that we had suffered sufficiently. They said they could see my TV dish if they tip toed on my neighbors porch and demanded I take it down. You can see other home owners TV dishes without tip toeing on a porch. I took the dish down. Then they demanded I remove my flowers or they would kill them the next day. They demanded we remove the side yard safety gate. I reported them to various agencies and asked for advice. They sued us over the color blue and said we should use PINK window treatments in my son's room, that PINK would be allowed. Other home owners had blue window treatments. This went on for YEARS. They literally ruined my son’s life and totally changed him physically and emotionally. That heinous history is part of what is happening now and a jury needs to review the full history of how James came to be damaged by this HOA and two management companies and how they stopped James from ever recovering by being forcing him to live in a dangerous gutted house and stressing us without cause.

This has become a mold Remediaton case that was not properly handled and further complicated a deliberate violation of disability rights. The HOA lawsuit against us caused James to be given sedatives that further harmed him, destroyed his teeth and locked him in an even more painful downward spiral. James began self injuring and deteriorating emotionally. 

The HERO PROPERTY TAX HOME REPAIR SCAM delayed our ability to handle all these moving parts but nothing was preventing you and your client from doing the right thing, ending our pain, making the water damage repairs. Be advised , Justice will be served. A single mom, 65 years old and a very ill autistic young man cannot deliver swift justice, but we will move towards it as fast as we are able. Farmers and their client will be held accountable for deliberately hurting my autistic son. A jury will review all the facts. Our damages are catastrophic. 

The HOA could have repaired our mold damaged house WHILE we struggled to get the BC661819 Mechanics Liens removed but instead they chose to force us to live in an unsafe house and after YEARS of doing nothing to help us recover from the Stachybotrys mold, on the eve Easter Weekend 2019, they littered our yard with the wood chips we told FRAMERS in 2016 would only make the problem worse. The wood chips buried the visibility of the ongoing water damage to a pipe that bursts every year or so due improper watering. The wood chips conceal the rusted chicken wire and they conceal rodent holes where rodents can breed freely without being seen anymore and get into my garage if I don’t close it quick enough.

Wood chips "settlement" instead of repair and remediation will be presented to the jury as Farmers idea of mold and water damage remediation. The jury will see video of our home and how Farmers and the HOA forced us to endure these conditions for years. When I said nothing was stopping the HOA from doing the right thing, reasonable people would take that to mean finishing the mold remediation that testing proved was the result of sprinklers, not from appliances and making the repairs to concrete and metal water damage, not to gleefully dumping wood chips on top of the damage.

I have had to tend James many times during my attempt to write this letter. The same was so when I had to write the interrogatories in case BC661819. If you can imagine an autistic person who is melting down because the kitchen is gone ( from mold caused by sprinklers) and having bad reactions to medications and then imagine you are alone in that scary gutted house with no kitchen answering interrogatories without an attorney because you don’t have a retainer while that autistic person screams in emotional and physical agony. 

Your client was told in 2016 that wood chips were a ludicrous and dangerous, inappropriate “solution”. This goes beyond intentional infliction of emotional distress into deliberate endangering of life and mental torture.

I will ask the court and jury to have you and your client pay to relocate us to a new home. You have all but killed us. I do not think any jury will be amused by your cruel wood chip defense. I do not think any jury will want us to endure any more time in this damaged house. You have tortured us enough.


The pipe that bursts every year or so due to over-watering is now turning green again UNDER the cover of wood chips, so I won't be able to give you the heads up it's time to change it because it's about to burst again warning I usually give because I won't be able to hear the hissing this time because of the wood chips.... a fountain of water will hit the side of my house AGAIN. This HOA just does not care and neither do you and FARMERS INSURANCE.





Much of this damage is covered with wood chips but the chicken wire continues to rust and crumble under those chips.








Does the HOA want Farmers to cover this Stachybotrys mold damage in the kitchen that was caused by the water sprinklers with wood chips as well? Tests proved it was not caused by an appliance as the arch patterns of mold matched the location of sprinklers and the arch pattern of the sprinklers spray.













A class action is a possibility because other if the 90 or so homes have similar damage.

Sincerely,
Jennifer Marshall
and son James Marshall








































JAMES MAY DIE BECAUSE FARMERS IS ADDING INSULT TO INJURY

It's not enough that FARMERS INSURANCE and SHADOWBROOK ESTATES HOA forced my autistic son to live in a dangerous house for years, now...