Grace Fdn. Horse Rescue Loses Appeal v Bank Atty

Sort of what we expected but too bad so sad…………….. You will have to read the data in the link below.

When Grace AND attorney Timothy M. Ryan for the banks, put out all of the defamatory stuff on  the horse owner, the horse owner could have sued Grace and probably Ryan, but there is a one year statute on defamation in California.

In any event, Grace’s CEO De Caprio, is used to slinging mud by online methods, and by appealing to the legislators and government and AGs. However in doing so, she took her own mud slinging and posted it everywhere, thus her protection for work product by any of her attorneys (litigation privilege) when published to the Web, eliminated that exemption. “Case law has expanded the scope of the litigation privilege to include publication to nonparties with a SUBSTANTIAL INTEREST in the proceeding…” see pg. 9 of the appeal decision…this does not encompass publication to the general public through the press.

DE CAPRIO GRACE V RYANMASS  (appeal decision)

Below is part of what Grace posted:

May 2012 – Grace foundation sends plea to volunteers asking for legal assistance. Attorneys research case and documents at the courts and find possible fraud and numerous violations by Banks, county and Tim Ryan. Recommends that Grace hires attorney that can file lawsuits against all parties involved. Acting in good faith Grace sends letters to top bank officials asking that they right their wrong before action is taken. Wells Fargo calls several times asking for more time to research. Grace explains that organization can no longer pay their bills and something has to be done immediately. Wells Fargo asks for a few more days.

PD note: We are not sure of what claims Grace has left against the bank attorney, probably malpractice. There could be more.

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Below**** is what the Grace Foundation is posting…….but EVEN if Grace could get rid of the horses via “adoption”— that will not bring in hundreds of thousands of $$$ since Grace valued resale horses at $250 each. AND since the Los Angeles Court case has mostly not ruled in Grace’s favor, we don’t see that even animal law attorneys will prove to be the cure for what Grace did. Grace conveniently blames all other parties for their predicament, but let’s not forget that it was well publicized long ago, that Grace’s own business attorney publicly stated Grace would simply dump the horses back in Lassen County. It was Grace that wanted to take the horses, and Grace worked WITH Lassen County and the Receiver to do so.

Anyone that becomes aware of ANY attorneys (animal law, criminal law or otherwise) which start working for Grace better be put on notice; the former attorneys, despite much work, did not QUIT for NO reason. Much work was done but it is doubtful that ANY of the attorneys FULLY realized what FACTS were actually involved.

If researchers had read 50% of the case, and found out beforehand what was really going on, we are fairly certain that the only attorneys that would even touch the case would need $100,000 DOWN because that’s about what it would take to understand what has actually happened BEFORE Grace got into hot water.  Unfortunately, very few understand what did happen.  Further, when the final orders come down in Los Angeles, the judgements will be res judicata and likely not able to be relitigated. Much of what has already happened is about 85% against the Grace group, as many procedural issues early in the game (such as filing the case in the wrong county–El Dorado, instead of Lassen– to begin with ) has proven to have serious bad outcomes. We don’t see that part changing for the most part.

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****Dear Grace friends,
Since our last email we have been doing everything possible to get the responsible parties to authorize medical treatment for the horses, gain legal authority to adopt the horses into approved homes and most importantly, to resolve this nightmare once and for all. However, the parties have ignored our requests and pleas.  For the past 2 1/2 years we have been fighting not only for the 42 Susanville horses, but for our lives as an organization.  Sadly, knowing that the horses are evidence has only complicated the situation further.
It is impossible to explain how maddening it is that The Grace Foundation, the party that was lied to and defrauded, continues to be victimized month after month SIMPLY FOR DOING THE RIGHT THING….KEEPING THE HORSES ALIVE AND SEEING THAT JUSTICE IS SERVED.
While we recently tried to get a judge to grant us legal authority to adopt the horses out, we were informed that we won’t be able to do so until Lassen County confirms or denies that the horses are part of the criminal case, and they continue to remain silent.

Not only is this behavior unethical, but it is hard to believe that it could possibly be legal to withhold this information from the organization who has been providing care to these animals for 2 1/2 years, not to mention from the public and from the courts. We do not have the money to continue to care for the 42 horses that we do not own, in addition to the 100+ animals that we are also responsible for. Without the legal authority to medically treat the Susanville horses, their lives are at risk and our liability is compounded. This, along with the burden of the overwhelming costs of providing care for all of our animals, is forcing us to make some very difficult decisions regarding the horses.  It is infuriating that those responsible for the horses can put us through this, but our hands are tied.

The parties have ignored our pleas with full knowledge that:

  • GRACE DOES NOT AND HAS NEVER OWNED THE HORSES
  • THE TRANSFER OF OWNERSHIP OF THE HORSES TO GRACE IN AUGUST 2011 WAS ILLEGAL
  • IGNORING THEIR LEGAL RESPONSIBILITY IS PUTTING THE LIVES OF THE HORSES AT RISK
  • THE HORSES ARE A PART OF THE CRIMINAL CASE AGAINST MR. BENNETT
I believe the true test of your own moral and ethical compass is what you are willing to give up in order to protect what you believe in. The easiest thing would have been to let these horses go long ago, but the cost of doing so would have been too great.  We know if the horses leave our hands, many, if not all of the animals will be euthanized.  By Lassen County Counsel’s own testimony: if they  were to be abandoned and the county were to take them back over, there’s a very good chance that many of them would be disposed of, unfortunately probably euthanized because we — there’s just no way that the county can you know. Worst case scenario, if there’s 30 or 35 horses that come back to the county at that point, that’s a real problem.’
It’s impossible to explain how difficult it is to continuously ask private citizens for money on behalf of billionaire banks and an entire county. How a small non-profit and their supporters can be expected to find thousands and thousands of dollars each month to provide care for animals they do not own, is a question that the responsible parties aren’t willing to answer. It has come to the point that we can’t continue like this; there has to be a break.A decision regarding the legal custody, care and ownership of the horses has to be determined immediately. If we cannot feed or medically treat the 42 horses and we cannot place them into new homes, legally our only option would be to return them to where they came from.  We have found new counsel who have years of experience in animal law, and we hope they can initiate a change in the case and get a resolution. But unfortunately in such a specialized field, this will be costly. We are so grateful that they are willing to help us get the issue of ownership resolved and get us legal authority to medically treat the horses, but unless we can retain them, we will be unable to continue the fight..

For those of you who have submitted applications for the Susanville horses, we still have hope that we will gain legal authority to rehome these horses. The last thing that we would ever want to do is to put somebody else in a similar position as us or involve anyone else in this situation. We have made it over one of the hurdles in the process, but we still must get court approval before moving forward. There have already been far too many people unnecessarily hurt by this ordeal and we must ensure that all legal steps have been taken so there is never a question or any possibility of future problems arising with the adoptions.

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Re Grace not owning horses?– Grace as CEO should have asked her own Board of Directors before pushing to TAKE physical custody of 35, 45, or any large number of horses without legally verifying the legal status of same. Instead, Grace worked with the bank attorney, Lassen, and the Receiver well in advance of TAKING physical possession of horses. Then Grace’s “vet” testified in open court that seized horses were never examined and did not require treatment. In fact there is viable factual data that shows this. There were no exigent circumstances and bank attorney used the horses to try and gain leverage to boot off owner of animals, which is evidenced by the facts.

Re horses illegally seized?  The evidence proves the horses were illegally seized by a Receiver controlled by the bank attorney– at least on paper–and that was after a convoluted chain of paperwork that does not appear to match what happened in court hearings. Such Receiver supposedly then handed such horses over to Lassen who in turn then handed them to Grace. Lassen should have known the horses were taken without a warrant and no exigency. Grace should have known as well. By a rents and profits receiver–not an equity receiver. Horses were never ‘abandoned’ yet in Los Angeles, argument against purported abandonment by bank attorneys swayed Los Angeles judge; that led to appeal of the issue.

Part of the criminal action against owner? Even if such horses are the ones that Lassen has claimed criminal counts on, the vet has already admitted he didn’t examine them, because they appeared fine, yet Grace is claiming some are sick and dying three years down the road?  The “abuse” charges pushed by Grace which was bringing in donations is not working so well? We still think Grace will end up filing bankruptcy. Her attorneys debts by now must be outrageously high after the amount of work that was done. Had Grace filed bankruptcy earlier in the game, she might have had a chance to do more damage. At this stage, our opinion is if Grace did or could qualify for bankruptcy (we have no facts on it)–at least she would be in a court that does not play games like Lassen County.

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