Thursday, November 21, 2019

Baldwin Park City Attorney, Robert Nacionales-Tafoya, Sanctioned $36,037.54; Potential Bar Discipline May Follow

City Attorney for Baldwin Park and General Counsel for
West Valley Water, Robert Tafoya aka Robert Nacionales-Tafoya,
(c) Los Angeles Times
On October 2, 2017 - the Los Angeles Superior Court sanctioned Robert Nacionales-Tafoya - attorney at law - $36,037.54 for filing a false disability lawsuit for plaintiff Lorena Cabrera against the defendant, Popchips, Inc. The court found that Tafoya hired a doctor with an ex-felony conviction to testify about the plaintiff's disability. The problem was that the doctor never actually examined the plaintiff himself. How can an attorney like this continue to practice law?

Not only was the trial court shocked by the doctor's contrived testimony, the court found that the lawsuit was completely "concocted" and sanctioned the plaintiff and attorney Tafoya $36,037.54. On September 11, 2019 -The Court of Appeal affirmed the sanctions with its opinion.

On October 28, 2019 - Tafoya filed a late petition with the California Supreme Court. On October 29, 2019 - the Court denied Tafoya's excuse for filing late and refused to review his petition. Now, Tafoya and the plaintiff are on the hook for $36,037.54. Also, Tafoya may be subject to bar discipline.

Currently, Tafoya acts as a government attorney for the City of Baldwin park and the West Valley WaterBoard. For the former, he's a contracted city attorney. For the latter, he's general counsel.

According to the court sanction documents, Tafoya and the plaintiff pursued the case to trial, even though they didn't have the facts to support a jury verdict. Their strategy was to prolong litigation, marshaling "scorched earth tactics". In short, even though Tafoya didn't have a case, he was hoping that the defendant would settle with them, because he was driving up the legal fees for the other side.

The defendant, Popchips, decided not to settle and proceed to trial. At the second day of trial, without any explanation, Tafoya left at lunch and never returned. Another attorney, who didn't have sufficient knowledge of the case, had to proceed. At trial, the defendants prevailed.

The Court of Appeal agreed with the trial court. It stated, The plaintiff's "first cause of action for disability discrimination was frivolous because she did not have a disability." It also affirmed that the disability "was completely concocted." The court noted that Dr. Woodward, the "defrocked" doctor who testified at trial . . . never examined" the plaintiff.

This isn't the first time that Tafoya has abused his position as an attorney to defraud the courts and taxpayers. Tafoya's law firm submitted questionable billing at the Central Water Basin. Tafoya defendant an alleged rapist and serial sexual predator. After losing at trial, he cost his client $7.3 million. In a case against my client, Tafoya misrepresented my signature.

Currently, Tafoya is being sued personally in a whistleblower lawsuit. According to the San Bernardino Sun, Tafoya awarded "lucrative" contracts to his friends.

Also, "Tafoya’s law firm, Tafoya & Garcia LLP, paid for certain board members to travel to Mexico, Las Vegas, Phoenix, and Miami; arranged and paid for NFL games, golf and expensive meals; made campaign contributions to Taylor and Crowther, and hosted a fundraiser  for Crowther at the Los Angeles Athletic Club."

Finally, in exchange for alleged corrupt acts and nepotism, the Kaufman Law Firm gave "Tafoya lavish trips, event tickets, expensive meals and other gifts and payments, paid for Taylor, Tafoya and Crowther to attend a football game,".

Tafoya may be facing bar disciplinary action. This is because state law and the attorney's code of ethics requires Tafoya to self-report his sanctions within 30 days. (Bus. & Prof. Code, § 6068(o)(3)). Given the way he operates and Tafoya's history, this most likely did not have happen.

Also, the law prohibits the filing of a frivolous lawsuit. (Bus. & Prof. Code, § 6068(c) and California Bar Rule 3.1).

This type of egregious conducts carried out by licensed attorneys require discipline for three reasons. One, filing of false claims wastes the court's resources. Think about the judge and jury time and defense counsel's time and work all wasted on this case. Two, the courts cannot mete out justice or fair decisions with deceit and dishonesty being admitted regularly. Three, the public loses trust in the justice system and instead turns to vigilantism.

For all the above reasons, no wonder why there's lawyer jokes that go like this. What’s the difference between a vacuum cleaner and a lawyer riding a motorcycle? The vacuum cleaner has the dirt bag on the inside.

*Lawzilla first broke this story.

Tuesday, November 19, 2019

Baldwin Park Sued for Fining Activist $12,400 for Hanging Jackass Banner of Council Member Ricardo Pacheco

Anti-Corruption Pacheco Banner
On November 18, 2019 - Plaintiffs, Baldwin Park Free Speech Coalition and Robert Elhers - filed a federal lawsuit against the City of Baldwin Park, because the City fined Elhers $12,400 for hanging a jackass sign of Baldwin Park Council Member Ricardo Pacheco - accusing him of being corrupt, a liar, a bully, and an abuser. First and foremost, the complaint alleges that the City's law is attempting to control Free Speech, by retaliating against those who would criticize the city's politicians. Second, the complaint alleges that the City has violated Due Process by blocking Elhers from a fair chance to make his case on why his banner is not violating the law. Third, the complaint alleges that the City is excessively fining Elhers $12,400 - which is grossly disproportionate to the alleged crime of hanging a banner.

For these reasons, a court order (called an injunction) will be sought against the City's sign law again. This is the third Free Speech lawsuit in federal court against the City. In the second lawsuit, also involving Ricardo Pacheco, the federal court declare Baldwin Park's sign law illegal, not just once, but twice.

On or around March 17, 2019 - Elhers hung the anti-Pacheco banner on his commercial property. Elhers felt compelled to do so, after a jury found that Pacheco had sexually and racially discriminated against the former police chief - Lili Hadsell - costing the City around $9 million, which is unprecedented in the City's history. (This includes damages and attorney's fees.)

The allegations of Pacheco's corruption continues. Around June 18, 2019 - Ricardo Pacheco was accused of directly or indirectly charging his water board credit card at strip clubs.

On or around November 8, 2019, it appears, as a result, that Pacheco was suspended and pushed out from his job as assistant general manager at the West Valley Water Board. The Board paid him for three months of suspension and six months of severance pay. Pacheco makes $190,000 a year.

For hanging this sign, from March 17, 2019 until now, the City has cited Elhers in various amounts ranging from $200 to $2,000. The total amount the City has fined Elher is now $12,400.

Also, twice, the City has threatened to place a tax lien with California's Franchise Tax Board.

Elhers believes that by displaying the anti-Pacheco banner he is doing his duty for the public, by notifying them of Pacheco's belief and values. He hopes that if enough citizens see the banner, that they would vote him out of office and vote for someone, who is more honest and public-focused.

The lawsuit also seeks to have the City permit people to present their case to the city manager, in the event that they're fined. In doing so, the City could dismiss fines it issues in error. According to the complaint, city administrators actively blocked Elhers from defending his citations.

Finally, Elhers seeks to stop the practice of the City making up outrageous fine amounts for petty offenses. $12,400 for hanging a sign is excessive.

Regarding the spirit of this case, George Orwell had it right when he said: "Freedom is the right to tell people what they do not want to hear."

Saturday, November 16, 2019

Baldwin Park School District Requests Prosecutor File Felony Against Me; Cook Alleges False Accusation and Retaliation

Tiger and Snake by
Eugene Delacroix
Around November 13, 2019 - the Baldwin Park School District - most likely by Superintendent Froilan Mendoza - filed a complaint with the Los Angeles County Prosecutor alleging I extorted then with the threat that if they didn't drop my citation, I would out Poe and all her dirty laundry. The school district hopes to slow me down by fighting a criminal case or hoping I spend some time in prison. It's clear that the school board members want to punish me for filing a lawsuit against them. I write this so you can see the true nature of our school district: violent, truth-haters, and thieves. In short: They're evil.

Instead of spending the time to think about reforms and how to improve the terrible education the students here are receiving, the members of the school district are angry that they've been exposed.

The administrators have placed Baldwin Park's children at risk by hiring an ex-felon, fraudster, and serial sexual predator to be around our students. Now Poe is alleging that the school board members have been permitting a pedophile to be around our children too.

These are all signs of rampant corruption. We really need to ask how much is are the school board members and administrators stealing from the taxpayer funds?

And what school districts even have a police department? Have you ever wondered why?

Baldwin Park School District has a long history of corruption, violence, and intimidation. For instance, the school member Margarita Vargas, would extort undocumented parents for money (in the form of gift cards). Vargas would figure out which parents were undocumented by last name and whether their children were on free lunch. One parent had enough, complained to the police, and Vargas had to resign.

Other officials have used the school police department to intimidate parents, who criticized the school. Furthermore, there was a time, a few years ago, when the school police would racially profile parents when they dropped their children off at school to snag parents who didn't have drivers licenses. They would then tow the cars, impound the cars for 30 days, and then the cars would sell at auction. The school district profited.

Hence, it's time for change and justice and a new start. The residents and parents need to know the truth about how this district has really been operating, all the wrong they've done, and how much they've stolen from us. Only in this way, can we start allover.

The lessons here? For the activist, remember; when evil government officials get desperate to stop you, they have to retaliate, but without legitimate means, the way they do it is through false accusations. Be prepared. Be strong.

No wonder why the Proverbs say: "A false accusation is as deadly as a sword, a club, or a sharp arrow." (25:18, GNT).

The solution is to not lose heart and to fight such charges to further shame and further expose the nefarious nature of those in charge - who think they could do whatever they want at our expense and our future.

This isn't the first time I've braved through these false accusations before. Remember when the Mayor called me violent and dangerous and filed a restraining order against me to discredit me and to shut me up? I fought him and his attorney. They lost. (It was my first case I won after getting licensed.)

Lucky for me, this time, the Jill Poe story's already gone viral. Hence, killing the messenger won't kill the message. The people already know something is really rotten at Baldwin Park's schools and that change is required.

And if the school board members and administrators think that they can intimidate me with their bullying or threats, they're delusional. They should know my ancestor once said: "The soldier who fights to the death never dies, but the soldier who fights for existence never truly exists."

Well; the people already know what this is all about. So, "[h]ow terrible for [Jill Poe and the school district] . . . You hypocrites! You are like whitewashed tombs, which look fine on the outside but are full of bones and decaying corpses on the inside."

Wednesday, November 13, 2019

Baldwin Park School Police Chief Jill Poe Fired; School District Sued by Poe and Parent-Activist

Disgraced and Fired
Baldwin Park School Police Chief, Jill Poe
On November 12, 2019 - the Baldwin Park School District fired its police chief, Jill Marie Poe for undisclosed reasons. It appears, however, the District was forced to fire her after the Legal Lens, on September 4, 2019, exposed Poe as a an ex-felon, fraudster, and serial sexual predator. The District immediately suspended Poe after publication of the article.

Recently, Poe retaliated against the school district by filing a wrongful termination suit against the District. In her complaint, she alleges that she was terminated because she's a lesbian. Poe points to the fact that the District permits an employee accused of pedophilia to work there, but because of her sexual orientation - the District fired her and not him. Poe also accuses the Legal Lens of extorting her over a traffic citation.

Nonetheless, Poe's allegations are false, and it appears that the fired police chief is having a difficult time coping with the fact that her sordid past has been exposed.

Poe alleges that NBC news, “painted a horrible picture of Poe alleging that Poe should never had been hired". Apparently, Poe believes in her mind that serial sexual predators should be allowed to work with five year old children. She was also stunned that the school district did nothing to defend her in the story.

Troubling for the District, Poe's lawsuit wasn't the only one filed against it yesterday. John Rios, a resident, activist, and father of a child who graduated from Baldwin Park School District, also sued the Baldwin Park School District, the Superintendent Froilan N. Mendoza, and Jill M. Poe.

According to his lawsuit, the school district is failing to release records under the California Public Records Act by denying release and stalling. Most important in these records requests is how Jill Poe passed her background check. Also, the school district refuses to release information as to whether the school police have received proper training required under state law.

Rios is suing for a court order to freeze operation of the school police department, because its officers are not meeting the state requirement of proper training, minimum moral character requirements, and minimum requirements of having policies and standards in place to operate a school police department.

Greg S. Tuttle, long time city activist and small business owner in Baldwin Park, served the complaint to the school district yesterday in front of teachers, parents, and administrators. During public comments period he said, "The school district should shut down its police department. It should stop wasting money on a useless police force and start investing money in education." After speaking, the audience applauded.

The school district's performance is abysmal. U.S. News ranks Baldwin Park School District at 4,418. It says only 17% are college ready. Only 51% are meeting minimum literacy requirements. And only 17% are proficient in mathematics.

Prep Scholar ranks Baldwin Park in the lower 50% of schools with regards to standardized testing - such as the SAT or ACT.

These scandals rock the school district at a time when it is discussing closing down three schools. Parents are now asking where all the school district money went.

The District has a history of corruption. Even in the late 60's, according to a California Supreme Court case called Serrano v. Beverly Hills Unified School District, "Baldwin Park Unified School District expended only $577.49 to educate each of its pupils in 1968—1969; during the same year the Pasadena Unified School District spent $840.19 on every student; and the Beverly Hills Unified School District paid out $1,231.72 per child."

Hence, it appears that properly running school districts are investing over twice as much per student in their children than Baldwin Park is. Both Beverly Hills and Pasadena do not operate their own police department. Furthermore, it's without say that Beverly Hills and Pasadena school districts are in the top quartile of preparing their students for university.

Transparency is required to account for all the missing money that has been skimmed over the decades - especially in the form of hundreds of millions of issued school bonds. A state audit by the controller's office is necessary.

It's been said: "The thief comes only to steal and kill and destroy". So; it's all of our jobs to drive out these locusts, who are destroying the next generation from even having a future.