Update: We were informed that Timothy M. Ryan’s defense attorneys have moved the case filed by Grace Fdn to Los Angeles but have not yet confirmed it. The tentative ruling issued 10/18/12 does state that the case was transferred and no hearing will be held unless notice was timely given. Horse owner was never served with the complaint in this case and is not a participant. Grace has now attempted to “intervene” into the case on appeal by filing motions to Lassen superior court, who would seem to have no jurisdiction since case is on appeal, but Lassen Court never follows the law, so no surprise. We were also informed that the horse owners is filing quasi criminal, and criminal charges alleged against the bank attorney and other parties but we were not given details as this point. It is our opinion that even if Grace’s case was moved to Los Angeles it was a mistake to file it in El Dorado county to begin with.
The story of the Susanville case involving horses made national headlines, yet few realize what actually happened, how the illegal seizure happened, and why the case grew to what will probably be one of the worse examples of bad attorney actions in California, if not the United States. An egotistical, overconfident, unethical and maybe even greedy attorney, an officer of the court, who ignored the law and manipulated the case egregiously.
Bank attorney Timothy M. Ryan of Anaheim, aka “Paddle boy” (we won’t disclose why), working for 2 major banks, created several substantial plans to ensure that the property (improvements) and land in Susanville would be foreclosed upon. However, it purposely actually never went into a legal foreclosure, although Paddle boy claims it went into judicial foreclosure. Not.
BUT what few realized, was how the horses were used and exploited in order to not only improperly try and take the land/improvements, but to purposely criminalize the horse owner, kick him out of the residence (no eviction), got him put in jail (Judge OR’d) had owner arrested for contempt (for not moving/or giving all business records), worked collusively with the Grace Foundation of Northern California+others, has his client bank(s) pay Grace $40k-$80k to take illegally seized animals, personally posted and publicized defamatory information re horse owner, including a defamatory video made by Grace Fdn, and including blogs, news sites, Facebook pages+others; filed false documents with the courts (huge mistake in stupidity), purposely used an alleged rents and profit receiver as an equity receiver, (very very bad move), purposely contacted/had the bankruptcy trustee “abandon” the owner’s horses for the purpose of claiming Grace could then sell them (even though bank atty arranged the illegal seizure motion claiming it was the “Receiver”), knowingly set up multiplicity of issues re equitable lien and mortgage while failing to do the required process under law (subject of appeal)……….and that’s just part of the wrongdoing. There is Far, far more.
Ask yourself, why would a bank attorney be doing these things? There is probably only one answer: to take all of the land/improvements because there was not any other way to do it, without giving the owner some monetary credit in the process. However, apparently attorney decided he would personally bury the owner by using any methods he could, even if they were neither appropriate, legal, or ethical. Because the owner refused to cave in to the bank attorney’s actions, despite being pro se (not represented by counsel), bank attorney got extremely mad.
Paddle-boy (aka Timothy M. Ryan of Anaheim) set up the ‘ole okie doke on owner, the courts,and Lassen county….. If you don’t know what the okie doke means– here ya go:
Believing a lie;falling for a scam;a con-game;untruths;fraud et
Yes— the animals were illegally given to Grace Fdn of Nor Cal all right, because an illegal seizure was used…….deprivation of a liberty or property interest REQUIRES DUE PROCESS, and whether it’s Lassen County, or a Receiver for the banks acting as an arm of the court, due process must enter the picture. What’s worse, it wasn’t the “Receiver” trying to take the horses, it was actually Paddle Boy since he drafted,filed,argued and implemented the motion and seizure facts in the motion.
In this case not only was the seizure illegal, SOMEONE (Grace) got PAID to take the illegally seized property—by the party that set up the illegal seizure. Hmm……that sounds rather suspicious doesn’t it? Okie doke.
Furthermore, SOMEONE then got the Trustee to purposely abandon the animals, to have bankruptcy court NOT oversee the illegally seized property!! Okie doke again… And the SOMEONE flat out stated (according to Grace’s records) that the NON overseeing of the horses, termed abandonment in the bankruptcy Estate, would then mean Grace owned them…. so why doesn’t Grace own them?
The Trustee’s attorney clearly informed owner that the horses were his since the Estate was not interested in the property. Abandonment by Trustee did NOT make Grace the owner, even if she thought she owned them, or even if Lassen County thinks she owns them.
Then, that same SOMEONE (Paddle boy) claimed to Grace, that the illegally seized property could than be sold off, while holding another party (Lassen County) responsible. Uh oh, the ‘ole okie doke in action again!
Paddle boy set up the “Receiver” to do the seizure motion by calling it a surrender, with exigent medical as the reason, the Receiver knew nothing about doing a motion, she is a real estate agent, she did not use her own attorney, so Paddle boy was essentially doing the Receiver’s job? Bad move. Illegal. No attorneys involved in the litigation should be drafting the alleged Receiver’s pleadings, arguing the “Receiver’s” motion, etc. The Receiver is supposed to be a completely neutral, separate entity acting as the arm of the Court. Lassen Court didn’t even object to it. Okie doke again.
The owner of land, Bennett, had previously reported to both police and others, that perpetrators on quadrunners were killing his horses at night, cutting the fencing, poisoning horses, attempted to set the house on fire, used an incendiary device, it was investigated by ATF and reported in the Domestic Violence Restraining Order that was given to horse owner, against the ex girlfriend; 3 women were calling animal control almost daily and also called other local counties surrounding Lassen County, reporting that there were dying horses on the ranch in Susanville, and the police or animal control would show up before owner would even know where a horse was killed? Then a witness identified Person X as a person seen outside the ranch at night when fleeing the property, plus another witness got information which basically stated that the Person X hired Person Y to go and help kill the horses? Did you read any of this in the newspapers? Nope.
The “legal options” of the owner were crushed when the illegal seizure took place. Grace NEVER obtained any legal ownership, she always had temporary physical custody because of the illegal seizure and other acts of the attorney.
As the Banks claim, they never owned the horses (correct) or the whispering pines land (correct); the Receiver did not own the horses (correct) and Lassen County never said they actually owned the horses (correct) so what does that mean?———————————————————————————–
It means that Paddle boy set up a bogus Receivership to seize all the personal property of owner, THEN rigged it together and motioned the court to APPROVE his rigged plan, and the Court did.
THEN the alleged 3-way deal was that 1) Receiver [controlled by Paddle boy] claimed to give to (2) Lassen County, and Lassen then gave to (3) Grace
WHILE Banks (4) gave Grace $40,000 or $80,000 or whatever to (5) take illegally seized property, when bank lawyer was the one who SET UP the illegal seizure AND bank lawyer actually signed an indemnification agreement with “Receiver”, who was alleged to be “taking the animals” due to exigent medical conditions… it becomes clear that bank attorney used the “Receiver” improperly, executed the seizure improperly, and then had his clients PAY another party after he illegally obtained the seizure (but called it a surrender) Last but not least, owner was never allowed to oppose the seizure at the hearing. Either Lassen County is pretty dumb, or they willingly took part in this nonsense, or both.
The horses were then USED — as a national sideshow with huge PR help and with Grace throwing in defamatory video, Paddle boy thinking he would then sweep owner directly into jail, get conviction and presto, Banks get title/possession.
After all, Paddle boy himself devised the District Attorney’s “prosecution” package, with help from Grace and the ex girlfriend of owner, +handed it over on a FLASH DRIVE, with his letter to the District attorney, thousands of pages of data, mostly pictures. The District Attorney didn’t have plans to prosecute owner, it was bank attorney and Grace that pushed prosecution. That might be why owner is out on OR.
C’mon people, this is nothing more than a different brand of HSUS simply pimping off the sideshow to take all the attention away from the illegal stuff going on in the court case. Just look at KATRINA and the $34 million. In fact, we have never seen in over 20 years, this amount of egregious actions taken in one case.
Not only illegal seizure, but outright illegal use of the legal system, sort of like how HSUS and the paid Plaintiff in the Barnum elephant case ran, but without taking 11 years to do it. HSUS and friends ARE facing civil RICO charges right now in the Barnum case. This case might have two huge banks and four litigation firms, but they cannot win by doing that which is improper under the law. They can only protect Paddle boy’s actions by trying to defend what he already did. Good luck with that. There is so much evidence against Paddle boy that even the best defense attorney will not likely be able to do it.
As for the Grace Fdn, wouldn’t it have been easier to hire an attorney to make sure the seizure was done properly FIRST so that you are not taking illegally seized animals? Shouldn’t a group making $500,000 or $700,000 a year have the brains to hire an attorney for 3 hr? What kind of group spends $1,000,000 that they don’t HAVE— and then laments later that they borrowed money, spent it all, and now are broke, but someone else OWES them for all that spending? Then refuses to allow an inventory of the animals?
Why didn’t the 501(c)(3)’s board of directors figure out someone was spending $1,000,000 and quickly figure out that something was wrong? What kind of group does their accounting like this? Is this actually a realistic way to run a bona fide non profit? How does a group go into the hole for $1,000,000 and then claim it’s because they didn’t know? Grace was put on notice in August 2011 when owner filed bankruptcy, and when she filed bankruptcy declarations for Paddle boy, with the bankruptcy court, Grace claimed the value of the horses was almost nil.
If you KNEW all of the above, and you KNEW money was “tight” and you KNEW hay prices had climbed very high, would you then TAKE animals which “you” believed may have medical issues, if YOU KNEW all the above factors– and you KNEW that the costs of caring for such animals would be high? Perhaps so high that even if you DID adopt them out, you would still be LOSING a helluva lot of money??? Where the hell was the illustrious Board of Directors? How can a non profit manage to claim to bring in $700,000 and no one can figure out to hire competent counsel for 3 hr time when the legal issue cropped up a year ago????
What exactly is so great about that–taking in animals you can’t afford, and piling them up? It can serve little purpose except to get DONATIONS—to “rescue” more yard ornaments.
Best Friends in Utah has about 1300-1600 of such permanent animals that will NEVER leave. They are permanent yard ornaments. Best Friends raises money by working with HSUS and pimping off seized puppies, and by closing down pet stores, and advocating NOT to buy animals, not by adopting out the yard ornaments.
So, no, we don’t feel sorry for groups that keep spending $$ they don’t really have; that keep TAKING in animals they can’t get out; that need $700,000 or $2million to “rescue” animals that never leave the premises and simply decorate the land but cost a fortune to feed. In no way is that what rescue is about. Failure to place is FAILURE– not success.
One is NOT doing animal rescue correctly if one is not placing such animals. Rescue is NOT an easy task and it is certainly NOT CHEAP to do. It costs a lot, it is a lot of work, and that alone explains why HSUS does not believe in no kill. That explains why PETA kills everything.
Animal rights makes money by talking about animals, possibly killing them, and definitely exploiting their plight, so they can RAISE money to lobby, advertise, and take away animal owner rights. Animal Rights is NOT about saving shelter animals— it’s only about not selling or owning animals as “property.” That’s it– NOT owning and NOT selling them. There is no other story.