Below is yet another news story on The Grace Foundation of Northern California, now claiming they may have to dump the seized horses because there is no ‘immediate’ resolution to the case where Grace is suing WFB, BofA, attorney Timothy M. Ryan of Anaheim, Lassen County, the Receiver Ryan selected, and even the horse owner that Grace+Ryan targeted for arrest….
Ryan has now been removed as Wells Fargo/B of A’s attorney in the civil case, which is being appealed by horse owner DB N of App Ryan has also been removed as the banks’ attorney in the bankruptcy action, and he is defended by what is believed to be a malpractice defense firm in the Grace action; Grace suing Ryan for fraud and malpractice. Grace is seeking a minimum of $2million and up to $20 million. We did not see any 1983 claims in Grace’s complaint.
For any people out there that want to see a primer on filing for CA Federal District Courts, see http://www.cand.uscourts.gov/proselitigants We believe it was done by VLSP of CA.
updated 9/27/2012 10:46:47 AM ET
A nonprofit organization that has been rescuing horses and other animals for nine years said Wednesday that it was curtailing its activities and considering closure.
The Grace Foundation is on a 600-acre ranch in a rural part of El Dorado Hills.
For the past year, the group has been locked in a legal battle that has left it with more than $800,000 in unpaid bills.
The battle began more than a year ago when the Grace Foundation rescued 36 horses from Whispering Pines Ranch, near Susanville in Lassen County.
The owner of the ranch, Dwight Bennett, had been accused of neglecting the horses and was facing foreclosure on his property, said Beth DeCaprio, executive director of the Grace Foundation.
DeCaprio said the Grace Foundation brought the horses to its facility and began caring for them with the understanding that the cost for their care would be paid for by the banks that were seizing the property until the horses could be placed through adoption.
However, DeCaprio said a few weeks later, she learned that the ranch owner had filed for bankruptcy protection, which had the effect of preventing the horses from being adopted by new owners.
Since then, she said Bank of America and Wells Fargo have refused to pay for the horses’ upkeep.
“We thought that we were all in this together and that they were our friends,” DeCaprio told KCRA 3.
She said several of the horses rescued from Susanville were pregnant mares who have since given birth — increasing the size of the herd from 36 to 45.
The group made a plea for donations this week, but said it would have to begin curtailing its volunteer and community outreach programs beginning this weekend.
Furthermore, DeCaprio told KCRA 3, she may have to close the foundation entirely if she cannot find a solution soon.
The foundation, which employs five people, provides tours for school groups and serves as a setting for children and adults with emotional or physical disabilities to receive horse-centered therapy.
Tim M. Ryan, a real estate attorney based in Anaheim, represented the banks in the foreclosure proceedings.
Reached by phone Wednesday evening, Ryan said he had retained a lawyer for himself in this matter.
“The faces of this will come out in trial, and we’re confident in how this will turn out,” said Ryan, before declining any further comments.
Representatives for Bank of America could not be immediately reached for comment.
In July, after the Grace Foundation staged a protest outside of a Wells Fargo branch, the banks said they had already paid $40,000 for the horses’ care and that they had each offered to pay an additional $200,000.
The banks said the foundation had refused its offer.
DeCaprio said she may be left with no alternative but to ‘return the rescue horses and their offspring’ to the property in Lassen County.
She said she was planning to do so as early as next Monday (10/1/2012) and that it would then be the responsibility of the bankruptcy receiver to care for them.
She said if sufficient resources were not found, the organization may have to euthanize its remaining horses and cease operations.
“It’s a nightmare that I live with every day right now,” DeCaprio said.
Certainly NICE to hear Ryan is confident in how “this will turn out” because he was instrumental in having the entire civil case follow a pattern of deception, and that is not a joke, it’s a fact that is demonstrated by looking at his pleadings and what he did, just about every action that was taken is emblazoned in writing ..and some were just blatantly submitted with changes that one would not see unless you read every single page OVER AGAIN…… this is called outright abuse of process. And yes, if Ryan’s malpractice defense attorney has any sense, they will not represent him if they see the subterfuge that was engaged in by Ryan. Not simply an allegation of fraud, but provable misconduct on the court. It is all demonstrated in his pleadings and it was done on purpose. On purpose means no negligence, but deliberate purposeful action. One can obtain an expensive software program that can change documents on the fly, particularly PDF documents.
There is no bankruptcy receiver, but there is the “Receiver” that Ryan chose, and got appointed by the state court, and who was used on paper (court documents) to “seize” the owner’s horses. Ryan also got the same “Receiver” to replace the Chapter 7 Trustee, resulting in loss, conversion or otherwise loss of debtor’s personal property, while preventing debtor from obtaining his own personal property or even retrieving it. This same “Receiver” had previously lost her realtor’s license when both Wells Fargo and Bk of America filed an action against her years ago.
Let’s talk about the truth, not fantasy, not threats of dumping horses, etc. In August 2012, owner’s bankruptcy attorney filed a motion asking that the horses that Grace claims they could not afford to feed and keep, as of August 3, 2012, be placed in the custody of an SPCA based out of Tracy, CA, and that the SPCA would place the horses with different individuals/families in different locations, and at NO COST to Grace, with the obvious agreement that the owner (who Grace claims killed horses) would not own nor interact with any of the horses. What kind of rescue would NOT accept such an offer?
PLUS Grace has outright refused to allow an inventory of the animals by owner’s attorney. What is Grace hiding, if anything? Could it be that some of the animals are missing or already given away or sold? Could it be that if an inventory was done the truth would come out regarding how many horses died under Grace’s watch? Could it be that such animals are being used as hostages to gain more money from the banks and by going on TV, making media stories, and NOT telling the facts correctly, that Grace believes the non profit will gain more donations?
We know one thing, we know how to read a court record, and we know when something is wrong, you don’t simply blame everyone else, but look to the legal facts. For several years now, as evidenced by the data uncovered by us and published herein, Grace has claimed to have financial difficulties, but has continued to take in more large animals, only to then claim they cannot really afford to feed them, or that they need more money to feed them. As indicated in the news report above, Grace allegedly stated they might have to kill the entire herd of animals Grace has if they shut down [not the seized horses, just the pasture ornaments that no one wants apparently] since you can’t even give such animals away, it begs the question of why anyone would continue to pile them up like a bunch of collectibles….. It goes without saying, that hoarding animals, especially large ones you can’t afford to actually feed, is not a good idea. It’s pretty obvious that it’s taking either $500k to 1 million to run the Grace group, as evidenced by Grace’s past IRS 990, and even Grace’s allegations of it taking one million to handle the seized horses?
In September 2011, it was published in the news that Grace took the owner’s horses in late August 2011, yet then admitted that she had neither the money nor the space to house them, and had to put them at some ranch in Auburn, CA.
Grace was paid at least $40,000 or $50,000 or more, to take the owner’s “seized” horses– and those horses were illegally seized by:
(1) an invalid order in July 2011, drafted and argued by Timothy M. Ryan, purporting to be doing it for the alleged “Receiver”, with no warrant, without any opposition allowed by the owner at all, and
(2) a subsequent physical removal of the horses, with no exigent circumstances, without a warrant, and without a post seizure hearing, and thus all due process was thrown to the wind.
Ownership does not pass to another upon improper seizure, and one does not obtain title through further transfers simply because one claims ownership. If that was not the case, private parties could simply seize the property of another at any juncture. The illegal seizure was a key element in this case, and all blame for such seizure rests upon Ryan, Lassen and those who set up the seizure. The owner does not owe Grace anything. [To read the Los Angeles case of Ryan, Grace and Lassen, one would get an entirely different story; Grace blames the banks and then Lassen; banks and Ryan blame Grace; Lassen blames Grace. To expect differently would be crazy.]
Grace’s group’s past IRS990 shows an intake of $700,000 and about $500,000 which is plenty–and certainly enough to get a consultation from a local bankruptcy attorney as to the specifics of being paid to take purported “ownership” of that many animals, especially when you don’t have your own hired attorney already.
Yet claiming to rely on Ryan, the bank attorney, Grace simply marched off with the animals and couldn’t even afford to keep them fed, plus she claimed in her declaration to the bankruptcy COURT that such animals were practically worthless and could be “adopted” out, if at all, for maybe $300 bucks or so…..and since Grace claimed they were all abused, and not fed, who would be willing to pay for a horse at all in that condition?
Grace’s “business” attorney then sent out on 7/31/12, a political letter/mailer to legislative people (senators, congressmen) and those on Board of Supervisors, etc, that Grace could not afford to feed/care for the seized horses and on August 4, 2012, would no longer be caring for them– we quote: “At this time, these horses are at the Foundation ranch and as of August 3, 2012, the Foundation will no longer provide food and care for them.” It should be noted that we believe the next month, or at end of August 2012, Grace claimed to have raised about $38,000.
WHAT kind of idiot who “rescues” animals sends out such nonsensical TRASH? And then won’t take the help offered by owner’s attorney in having an SPCA voluntarily place the animals in the interim?
It would seem to us that Grace is not only NOT credible, she was naive enough to buy INTO Ryan’s game of deception—and it worked, until owner’s attorney informed Grace—Grace NEVER owned the horses, ever—-with or without bankruptcy—-Grace, Ryan, Lassen, the Receiver–none of them EVER took actual ownership of those animals. This has been documented shortly after viewing the “seizing” pleadings.
Let us tell you something. Most if not all of the illegally “seized” horses were not in bad condition at all, and that’s why you can’t see pictures of them, and that’s part of the reason Grace refuses an inventory. The Grace video is a contrived item purposely set up to gain donations. She worked with attorney Ryan and Lassen County for far longer than she admits, she already admitted that she and Ryan sent out emails and notices to the public, volunteers and the Attorney General’s Office, and to rescues and news media nationwide; Grace had an agreement to help get evidence against owner; Grace made up her own defamatory video and outright accused owner of killing horses, and Ryan outright called owner the “horse murderer”— so let’s not beat around the bush here. Ryan bragged consistently of putting together a “prosecution” package because the District Attorney did not choose to prosecute.
Grace and Ryan sent out emails (thousands) to everyone by using the infamous Grace video, urging people to call the District Attorney. Now for some reason, Lassen County law enforcement seeks out the owner to try and find reasons to arrest him….why? We suspect it is because they could lose the criminal case and there is money lurking out there to get rid of the horse owner. What most people do not realize is that the civil case underlying the “animal abuse” is actually a very very expensive, and dangerous case, because it involves violations of the law that Ryan and the banks are trying to cover up. Further, if Lassen County is implicated with Ryan, then it makes sense that Lassen could have ulterior motives.
The underlying case of the horse owner, involving complex land-mortgage issues is NOT something Grace understands. California is a NON judicial foreclosure state and most of the time NON judicial foreclosure is used, NOT judicial foreclosure. Over the course of about 1.5 years, Ryan for WFB and alleged servicer BofA, used improper procedure to tweak the banks’ “ownership” of the land and the improvements. Such improper procedure is listed out in the owner’s Notice of Appeal to the Third District Court of Appeals in Sacramento– and most of the public would not even understand the nature of the improper procedures used, unless one was familiar with judicial foreclosure, equity and equitable mortgage. However, the link to the Notice of Appeal is at top of page.
Part of Ryan’s little game was to get the horses off “the property” and to “take” the property, but the case was not properly done, hence Ryan is being sued and Ryan was replaced, no longer the WF and B of A attorney. We know WHAT Ryan did for the past 2 years. We know WHY he did what he did. And it’s far, far, far greater than one would ever imagine. Thus Ryan, Lassen County, the fake Receiver put in place by Ryan, and the whole shebang is tainted— and yes—– it’s all due to MONEY. That is why Lassen County et al has a vested interest in seeing owner get convicted……….no one wants to get “found out.” It’s far too late to hide that nonsense because Grace, Lassen, Ryan and the Receiver+ others worked together on this case. We already know who’s watching. And we don’t mean us. We mean the agencies put in place for this type of nonsense. People don’t have to believe what we say. But it will show the truth.