Not surprisingly, The Grace Foundation insists NOW after refusing to turn over the horses to another rancher, that Grace didn’t know she had animals in protective custody, but then Grace announces she’s (CEO De Caprio) going to sell off the animals because Lassen County won’t give permission to “treat” the horses.
We will say it now and have said it a million times. When someone illegally takes, seizes or otherwise gains possession without due process, if it is the government, it’s an illegal seizure where most animals are concerned, usually Penal Code 597.1 is used. If it was not the government, then it is likely theft, conversion, larceny etc unless force/fear is involved, it would be worse. http://codes.lp.findlaw.com/cacode/PEN/3/1/14/s597.1
In this case, the owner’s horses that were “taken” by Grace, Lassen and the Ryan attorney Timothy M. Ryan of Irvine– is the product of an illegal taking. There was no order to actually take all the horses from owner, there was an order for the horses to be returned to owner or owners if their health was ok. Ryan’s “motion” to have such animals “surrendered” was done by the Ryan firm, FOR the Court Receiver who Ryan hired for the banks. Taking animals in this fashion, without any adherence to Penal Code 597, PC597.1 at all, created a nightmare from hell. Million of $$$ have been spent with many legal hours (mainly the banks, Lassen and Grace) slugging it out in Los Angeles. The bank attorneys somehow got the Los Angeles court to believe the animals were “abandoned.” Grace’s attorney has filed, we believe, a writ on that issue. We estimate Grace’s legal bill is probably approaching $300,000+ and that is just from reviewing the court records.
Nevertheless, supposedly there is an “order” by the Lassen Court which says the horses were to be surrendered to Lassen by the RECEIVER who would then hand them off to Grace. There is only such an alleged order because someone CREATED that order where it did not exist. All one has to do is to recreate a minute order and then somehow manufacture the order [it would take help with a court clerk and that is likely why 2 court clerks were fired in Lassen, but they fired the wrong one and kept the bad one..is what we heard via grapevine..] But even IF it did exist, it cannot possibly be VALID since there was NO DUE PROCESS used in the taking of the animals, period. Penal Code 597 does specifically cover seizure/taking/due process.
SO if the “Receiver” did the taking, and there was no due process ever used, then there is no way that the taking could be valid. After bankruptcy court abandoned the animals, technically they were owned by the owner-debtor. Lassen employee testified under oath, the horses were NOT abused. Because they were not abused.
SO what we have is– an illegal taking by COURT Receiver, using a fake order that was not the actual order, drafted by the Ryan Firm of Irvine, for the banks we would assume, with no due process ever used. http://codes.lp.findlaw.com/cacode/PEN/3/1/14/s597.1
NOW Grace is mounting some criminal type charges against Lassen County, claiming she has a lien against them, and she’s going to sell the horses (but then doesn’t), claims the horses are under protective custody but didn’t know it, and then files in Bankruptcy Court, that she is entitled to an equitable lien against the debtor’s property? Had Grace hired a bankruptcy attorney [which she didn’t] they would have told her to do something different, since Judge denied all her requests, including to “strike” the purported “fraud” document submitted by Ryan.
BUT… the good part was that Ryan Firm attorney Timothy M. Ryan, admitted that his firm did file the declaration with the vet’s signature when the vet was out of the COUNTRY and the declaration BY the vet previously attested to fact that he did not say what Ryan says the vet stated. We view Ryan’s admission as the lesser of 2 evils. He claimed that GRACE told him they could do it. WOW…now how dumb is that?RYASSTMTBK (click, see court doc)