According to The Grace Foundation of Northern California, they NOW claim they didn’t know the horses were illegally obtained, they didn’t know the horses were evidence for the “abuse” case against owner, and that they can’t treat the horses because they are evidence in such case? Grace then attempts to claim the horses are abandoned, using Penal Code 597: (the following is taken directly from what The Grace Foundation of Northern California has published online)
“California Penal code 597s Willful abandonment of an animal states: (a) Every person who willfully abandons any animal is guilty of a misdemeanor. ”
” Lassen County (and the other parties) have refused to respond to our numerous requests and demands and have placed the horses lives in danger. Therefore, by California law we believe the animals have been willfully abandoned and by California civil code 1837: are in danger of perishing.”
“THEREFORE, UNDER THE GUIDELINES OF CALIFORNIA LAW AND WITHOUT PAYMENT AND LEGAL AUTHORIZATION FROM THE PARTIES TO CARE AND TREAT THE HORSES OR ANY LEGAL OBJECTION … “
“WE WILL BEGIN THE PROCESS OF ADOPTING THE WHISPERING PINES HORSES INTO NEW FOREVER HOMES!”
“(February 19, 2014) After more than two years of uncertainty, 42 rescued horses are finally getting the opportunity to find forever homes.”
“In August of 2011, The Grace Foundation was given ownership of 32 horses (many of which were pregnant); survivors in an animal cruelty case that received international attention. After removing the horses from Lassen County and transporting them to the Grace Foundation ranch, the non-profit learned that neither Lassen County, nor the bank officials attempting to foreclose on the Whispering Pines property had the legal authority to transfer ownership of the animals; therefore the horses could not be rehomed. Since that time the horses, and their foals, have remained at The Grace Foundation while a two year legal battle to determine rightful ownership and the parties responsible has ensued.”
“For more than two years Lassen County officials have denied that the horses relinquished to The Grace Foundation were evidence in a pending animal cruelty trial against the horses owner, Mr. Dwight Bennett. However, recently information was uncovered that has turned this case upside down. In February of 2014, The Grace Foundation received documentation from the Lassen County Public Defender that PROVES that the horses are in fact evidence for the criminal trial. ”
“Now that the horses are evidence and a government agency is the responsible parties, The Grace Foundation is unable to treat the horses without authorization from Lassen County. To date, all requests to authorize treatment have been ignored.”
“This new information has brought to light numerous possible criminal violations by Lassen County officials and other parties involved in this case, and on Friday, February 14, 2014 The Grace Foundation filed a formal criminal complaint against Lassen County officials and Wells Fargo and Bank of America officials for the actions surrounding the illegal transfer of the horses. These allegations include grand theft, embezzlement and willful abandonment.”
PD: We are NOT saying anything Grace has stated is true or factual. What we think it looks like is this— Grace should have KNOWN when any animals are taken or seized or otherwise obtained from a party of any type— there must be compliance with the law. Especially where the owner is not present?
Regardless of what order or alleged documents are shown, an attorney should be able to determine FIRST– whether the actual taking, moving, or possession was in FACT done correctly. Preferably NOT the same attorney that took the animals by his own drafted motion? WHICH WAS THE BANK ATTORNEY TIMOTHY M. RYAN OF IRVINE, CALIFORNIA—which is who The Grace Foundation used for “advice” supposedly? How dumb. this shows absolutely no non profit governance at all. Any dummy would realize an instant conflict of interest.
Second, when one (such as Grace) RAN to cast all blame on animal owner for abuse, and made $$ off those donations, and even claims the horses are EVIDENCE in a criminal case, but NOW says they (Grace) are going to ADOPT THEM ALL OUT— just who is running the Grace show? What kind of “rescue” takes evidence from a criminal case and offers to sell them? While claiming that they are now abandoned? If in fact they were abandoned, they would have been abandoned when Grace got them?
While losing the case currently in Los Angeles against the banks and the “Receiver” that the banks set up–should Grace be brazenly selling off the evidence in a criminal case that she helped set up, while Grace claims it’s Lassen County breaking the law, but Grace is not?
Apparently what Grace does not realize is that the guilt has already been established in North County, while she was losing in So Cal…….. bald faced admissions have already been given in open court, pretty much establishing the liability for the banks, the bank attorney and the bank attorney’s Receiver. But Grace hasn’t won her case against the bank attorney for malpractice yet, even though she was working directly with the guy as a tag team to take down the horse owner.
She will likely end up winning as to a malpractice claim, but she set herself up for it when she failed to disclose what was really going on with taking the animals. Word is out that Grace will be facing some more legal proceedings, but she won’t be the Plaintiff. Our opinion is that Grace got the non profit into trouble due to her own negligence and non disclosure, and failure to adhere to proper non profit governance. Meaning the non profit should be shut down because it does not meet the standards required for non profit governance in California.