PLEASE SHARE THIS POST LINK, https://petdefense.wordpress.com/2013/06/20/susanville-horse-abuse-case-banksimproper-receiver/ WHICH CONTAINS THE APPEAL ON THE CASE–IT MAY END UP HAVING FAR REACHING EFFECT IF THE COURT UNDERSTANDS WHAT THE BANK ATTORNEY ACTUALLY DID–ON PURPOSE!!! and here is related link: https://petdefense.wordpress.com/2013/07/27/ca-seizure-why-peopleanimals-often-lose/
The rather complex case has been hampered by having part of the case in Los angeles with Lassen County, Grace Fdn. and the Receiver and bank attorney/banks— battle through the civil discovery. So far, we don’t believe the Grace Fdn. is winning at this point BUT recently Grace at least got the deemed admitted “admissions” withdrawn, so at least the discovery is not a lost cause.
Lassen County court continues to let the banks keep moving along with their motions BUT now that appeal was filed, and a copy will be filed with Lassen County, MAYBE the new judge will NOT be so quick to shut down the horse owner.
But no assumptions, since anything can happen. It appears that the long awaited appeal in Sacramento Third District Court of Appeals was filed by horse owner. ….. DBsAOB SA Final email [click to read appeal]
However, the following could happen: The Receiver could/should be categorized as a void appointment and thus have no validity. If that was the case, then it could be that Lassen county or Grace took possession of animals improperly seized. We believe that was the case from the beginning. The Receivership as actually carried out, was improper from the beginning, and then was morphed by attorney Timothy M. Ryan (Irvine) from a rents and profits receiver into an equity receiver. This was obvious but yet the state court Judge rubber stamped Ryan’s actions—which should be clear error.
It should also show far more egregious behavior on the part of Ryan. We cannot see how the court could find the Receiver was properly appointed nor that the receivership was properly implemented. We also do not believe there were sufficient grounds for prosecution of horse owner with the evidence available; and we believe manufactured evidence and photos were submitted to bolster the “criminal” animal abuse allegations, but that is not actually a key part of the appeal.
We believe the court will determine that the landowner’s 40 acres were improperly taken, owner was kicked off the land, placed in jail, and found guilty of contempt; none of the accusations against the citee were properly filed nor was the proper procedure used to contempt him. Ryan purposely morphed his action from an equitable lien/mortgage into taking the land of a third party not in privity without prove-up. Ryan also added in reformation when no actual reformation had been sought initially.
Ryan then used a Receiver to purportedly take the land without doing a writ or proper attachment. Ryan then controlled the Receiver and even executed an indemnification. RYAN Receiver Indem The owner was never allowed onto the property again to even take his own personal property or belongings. Ryan also set up the horse seizure by working with Grace and Lassen County. Grace has stated Ryan said she would somehow gain ‘ownership’ of the horses even though the bankruptcy court returned horses to owner, bank attorneys went to state court to take the horses from owner, and apparently did that last December 2012.
Where on earth would you EVER see a BANK attorney continue to file motions to TAKE animals from an owner when the bank attorney was already engaging in improper conduct, and has a personal vendetta out for the animal owner? You will likely NEVER see a case like this in the United States.
We believe that the attorneys involved in the mortgage debacle will face repercussions with the State Bar, or worse, and that even if Grace Fdn loses some rounds, Ryan will be the big loser in the end due to the egregious actions taken and noted by his pleadings, declarations, and general filings and procedural errors with the court. In our book, we would call it abuse of process and worse.
Let us quote from little ‘ole Ryan’s website:
“The Ryan Firm has one of the most successful appellate litigation practices in all of mortgage banking law. With significant and groundbreaking published opinions to our credit, and an undefeated appellate record, including reversals.” or … “The Ryan Firm represents some of the world’s largest financial institutions and local banks, businesses, and real estate firms. The Ryan Firm has a trial and appellate track record second to none and landmark mortgage banking opinions to its credit.” Well geez louise— let’s just see how Timothy M. Ryan does in the pro se appeal, which is attempting to void out everything that Ryan did in court????
We obtained the PDF of the appeal and it will likely be rather boring for most people to read since a good deal of it goes into the problems with the mortgage related actions, and not very much is actually focused on the animals at this point.
The animal seizure was USED as a tool by the bank attorney Ryan to gain possession of the land; to try and put horse owner in jail without making bail [judge let owner out on OR] …. in his overarching, overdriving and improper conduct, Ryan caused a lawsuit that was already costing millions, to escalate to even greater amounts.
We have shown the case to attorneys who know mortgage/banking, real estate law, etc. and every one has agreed–the attorney is in trouble. That doesn’t mean owner would get any horses back, but if successful against the attorney and banks, he should be able to buy as many horses as he wanted to keep. http://redding.craigslist.org/grd/3890630353.html.