Horse Rescue:Attorney Timothy M. Ryan, Anaheim, Sued for Malpractice

Attorney Timothy M. Ryan (from Anaheim) who represents Wells Fargo/Bk of A in the Lassen County horse debacle of the century (alleged animal abuse)……  has been accused publicly by the ‘Grace’ Foundation, of El Dorado Hills, of causing Grace to  allegedly spend $350,000 — for taking care of “seized” horses.  According to Grace’s news story, she had attorneys view the Lassen County Superior Court files and has been advised to sue not only Ryan, but Lassen County and their animal control. Grace filed her case in El Dorado County then Ryan moved it to Orange County.

Attorney  Timothy M. Ryan has now cross complained and is suing Grace for “defamation, trade libel, and intentional interference with contract”, which we don’t believe are well grounded claims, considering the attorney’s action seen from actual legal documents, and his actions in acting in concert with the Grace rescue. *See new post 2/22/2013 re Grace filing an Anti-SLAPP motion to strike Ryan’s defamation counter suit……..

The case had become mired in further litigation ; incorrect boundaries apparently clouded the title,  owner of improvements  sued lenders because of the discrepancy, as the clouded  title stopped refinancing from taking place. At that juncture, banks including Wells Fargo [alleged successor in interest] were held to answer the complaint, and then bank[s] decided to suddenly file cross complaint, changing their position of “non monetary” to creditor. [This information was taken from court documents and does not summarize the entire case as it is far too involved to do so.]

Attorney Timothy M. Ryan told her she was getting “ownership” of the seized horses, CEO Grace alleged, and she had already taken— via voluntary placement by owner—NOT seizure—about 20 horses in April 2011. One of the horses went to the Folsom Police Dept as a mounted police horse. Contrary to the public news stories, most of the horses were not in bad condition.

The “seized” horses (approx. 36, not taken by Grace until August 2011) were gained by Ryan filing an ex parte law and motion hearing for his “Receiver” on the case, claiming that the “Receiver” was  seizing the horses “for animal control”, in late July 2011, due to claimed exigent circumstances caused by immediate medical conditions.  

As we know, a seizure claiming “exigent medical” does not require a warrant.  No warrant was issued or used. The order was granted.  But these horses that were claimed to be under exigent medical circumstances, were NOT under any medical urgent circumstances at all. No separate post seizure hearing was held, and no proper hearing on the issue was ever held. Almost a month lapsed— before the animals were even moved.

These horses, upon claimed dire medical issues,  were not even “SEIZED” until almost a MONTH later…..  Obviously NOT exigent circumstances.

Further, Grace did not show photos of many of these horses on their website, because they were in good condition. (Can’t raise money if animals don’t look pathetic, right?) 

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Findlaw 

Banks Deception Devastates Non-Profit Organization

NeswBlaze top writersIn emails to The Grace Foundation, Mr Ryan instructed the organization to “cease any adoptions and non emergency medical procedures” until the horses were released from the bankruptcy, stating that the organization faced …FULL ARTICLE AT NEWS BLAZE  [this article does not state that despite Grace’s contention, the owner’s horses were never her property, nor does she have ownership of them; she only believed she had actual ownership but what she actually has is temporary custodial care as the animals are evidence in an alleged criminal case and the purported order “giving” away and seizing was done by an improper and illegal “Receiver” set up by Wells Fargo attorney.]

According to Grace, when Ryan allegedly handed over the horses to Grace, he never disclosed that owner of horses had already filed bankruptcy.  The bankruptcy filing stops almost all actions upon its filing, against the debtor, including the transfer of animals, property, money, etc.  Although the state court had issued an order (that Ryan drafted, filed, argued and executed– to take/seize the horses)- the owner was never allowed to engage in an opposition to this. No deprivation hearing. 

After that, Ryan appeared to have worked with the District Attorney, and scads of media, reporters, and anyone who would listen, and got Grace to get up to 2,000 people to call the District Attorney to arrest owner on “abuse” charges.  Ryan took full credit for doing this, and in fact he appeared to take great joy in doing it, by his own admission, he claimed to have ‘saved’ the horses [which were not ill] but the Court was told that such horses were in immediate medical peril–when they were not.

Ryan went on Facebook, and other online venues, he misrepresented the actual story, appeared to try and make it appear as though he was the hero, and failed to ever mention what had actually transpired. He published most of this online to third parties, knowing that others would see it.  It was seen and the owner’s attorney filed parts of the online documentation with the Federal Court.  There is much more legal data to this, but you get the idea. Do we have the evidence of this? Yes we do. If we had not seen it, we could not say we knew. Is Ryan in trouble?  We would say a big YES. He needs to be slapped–HARD.

 

 

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