The California Secretary of State provided absolute proof the non-profit association failed to follow the original 1973 foundation of formation and bylaws.
On July 14, 2014 this letter arrived.
Fraud happened and this is a list of real property APN's related to those lies. That link to the left includes a short brief about a section of land in Riverside County that was said to be governed by a phony Home Owners Association (HOA) that never materialized per its 1973 foundation of Association documents.
.657">CA Civil Code Section .657, Property is either:
1. Real or immovable; or,
2. Personal or movable.
I own Record of Survey 53/40 parcel #2 record #124200 recorded on DEC 20, 1968 APN #571-040-002 common address of 44100 Ginger Circle Hemet CA. This is a copy of my Grant deed. The real property has three separate grants of easement related to the land.
The following officially recorded documents provide real property sizes.
All mapped locations are a portion of the West 1/2 of the West 1/2 of Section 4 Township 7E in Riverside County CA.
- Dec. 3, 1968 Record of Survey 53/37 doc. #117559
- Dec. 20, 1968 Record of Survey 53/40 doc. #124200
- Jan. 3, 1969 Record of Survey 53/43 doc. #849
- Jan. 9, 1969 Record of Survey 53/47 doc. #2420
- Jan. 20, 1969 Record of Survey 53/51 doc. #5706
- Jan. 24, 1969 Record of Survey 53/53 doc. #782
This is where the frauds of Weber Heights non-profit Association first started.
On October 18, 1973 a group of people calling themselves "Weber Height nonprofit Association" held a meeting regarding its bylaws. That group consisted of land owners and want to be land owners. They were trying to start a non-profit Home Owners Association. Somehow they failed to complete the goals set at the meeting.
The first very important fact is the group leaders failed to register the non-profit with the Secretary of State as stated on page 2 of the Oct. 18 foundation minutes.
The Second fact is, as a legal standalone entity the group did not possess ownership title for any real property. Nor did it own recorded rights of authority to control two wells or the water rights thereto and or utility service rights to real properties located in the West 1/2 of the West 1/2 of Section 4. The County Recorded 100% fails to have any recorded rights granting the association as a whole any rights to act in the capacity that was noted within those 1973 incomplete bylaws or the 2002 revised bylaws.
Page 1 The name is Weber Heights non-profit Association
Page 2 Reading page 2, the intention clearly stated "This must be done before we can proceed any further".
As Mentioned on page 2 above a recording with the Secretary of State never happened, therefore the initial association never took shape as a recorded non-profit, nor was it ever shown as a legally recorded CA 501 c 3 non-profit.
The Bylaws for Weber Heights Non Profit Association were formulated.
- Page 1. The name of an Association is on page one. "Weber Heights Non-profit Association."
- Page 2. Legal ownership to two wells did not exist then or now as was claimed at section 8.
- Page 3. An officer was missing from the board of directors as is required within those 1973 official bylaws?
Weber Heights Non-profit bylaws were not completely agreed upon. (see pg. 3).
The result was a "DEFUNCT" association right from the start.
Those 1973 bylaws did not have a section that allowed for any new member to join. This is a plot map with locations of the original named 1973 directors and the related real properties.
October 4, 1982 Nine years later a notice of lis pendens was filed record # 171171. This is a fact; Weber Height nonprofit Association was not named on Page 1, Page 2 or Page 3. of the action. Look at the named plaintiffs compared to the original 1973 founding directors.
October 22, 1982 Wilson and Loire Cantrell and Elater and Chalortt Wood become land owners 18 days after the Oct. 4, 1982 lis pendens was filed. What gave them the rights join the lis pendens? How did that right to join the claim pass without ownership rights to the real property? That fact alone provides proof the lis pendens was meritless, and any anyone willing to add their name to into the action was allowed to do so.
March 13, 1985 an Attorney's notice letter was delivered to property owners and Weber Valley is not named in that letter. How did the rights to the well property pass to the defunct Association? They didn't.
March 15, 1985 Mr. Charles Reed Jr. signed a Grant of easement record # 53702 and Weber Valley is not and was not listed as a legally entitled rights owner. Mr. Charles Reed Jr. then sold his property. Note not all of the named grantees are the same as was in the that October 4, 1982 lis pendens. In my opinion, he, Mr. Charles Reed Jr. was extorted into signing a grant of easement in order to sell his real property. Weber Heights Non Profit Association never possessed the real property ownership rights as was fraudulently claimed in those 1973 fraudulent based bylaws on pg. 2 at section 8.
November 3, 1989 CA Water Code Section 13801 section 2.1.1 applies to all new wells. In May of 1990 Charles Campbell drilled a well on parcel 53/40 par 2 without a permit.
Riverside County ORDINANCE NO. 682 (AS AMENDED THROUGH 682.4) An ordinance in the COUNTY OF RIVERSIDE regulating the construction of wells. Section 3. PERMIT REQUIREMENTS. A. No person or entity, or agent, contractor, subcontractor, representative, or employee thereof, shall dig, drill, bore, drive, reconstruct or destroy (1) a well that is to be, or has been, used to produce or inject water, (2) a cathodic protection well, (3) a monitoring well or (4) geothermal heat exchange well, without first filing a written application to do so with the Department, and receiving and retaining a valid permit as provided herein.
February 26, 1990 an application for a well driller's permit was submitted to Riverside County Environmental Health for APN #571-030-037. AKA Deborah St Pierre's property.
February 27, 1990 a well driller's permit was issued for Deborah St Pierre's property, see the overhead of APN# 571-030-037 .
In 1989 the State of California Water resource control board adopted a model well ordinance. Known as Section 13801 of the CA Water Code. At Section 1.1 is states the mission of the board, quote "1 Purpose and definitions: 1.1 INTENT OF ORDENANCE: It is the purpose of this general welfare of the people of the State of California by ensuring that the ground waters of this state will not be polluted or contaminated. To this end, minumn requirements are contained in this ordinance for construction, reconstruction, repair, and destruction of water wells, cathodic production wells and monitoring well" The document incorporated a schedule for well permitting.
At Section #2, quote "2 Permits 2.1 Permit Applications: 2.1.1 When Required: No person shall dig, bore, drill, deepen, modify, repair, or destroy a water well, monitoring well or any other excavation that may intersect ground water without first applying for and receiving a permit as provided in this ordinance unless exempted by law" end quote.
April 13, 1990 Charles Campbell signed a grant of easement for 44100 Ginger Circle and after the words, "This deed for grant of easement April 13, 1990 by Charles and Joann Campbell to", Weber Heights Non-profit was not named anywhere within the granted rights as a benefactor of those real property rights.
May 24, 1990 the Grant of Easement by Charles Campbell was recorded #191167. Being named in the return mail to area of a Grant of Easement does not entitle the named as having benefactor rights of enjoyment being transfered.
May 1990 Riverside County ORDINANCE NO. 682 and CA Water Code 13801 were not followed and Lynch Wells Co. drilled a new "domestic use" well as shown on a well driller's report to be located within the parcel that permit #16254 was granted for use on. The problem is a well drilled at 44135 Perryman lane as permit #16245 was issued for did not produce a working water well. Another well was drilled at APN 571-040-002 and it did produce a 9 gallon per minute working well. The fact is that property 44100 Ginger Circle APN #571-040-002 was un-permitted as a location to drill for water. Water code section 13801 Permit 2.1 Permit Application 2.1.1 when required
For many years DEH may have believed this "water well location" was owned by the defunct Weber Heights and it was located at 44135 Perryman Lane. Look at this picture, it is the well located at 44240 East Benton Rd. That pictured well house is not now and never was located at 44135 Perryman Lane, AKA Mrs. Deborah St Pierre and Mr. Robert Franko's real property address. DEH inspection reports related to this well have continously named the location as 44135 Perryman Lane. Why?
In 1985 the real property was AKA as Mr. Charles Reed Jr's property APN 571-040-004 as shown or the 1968 Record of Survey 53/40 parcel #4. It seems as if DEH officials may have thought they were inspecting a well on parcel #571-030-037 when in all reality, they were inspecting the well at 44240 East Benton Rd. as in the 1985 Mr. Charlie Reed's grant of easement property.
No matter how you draw the picture DEH could not have inspected something that does not exist at 44135 Perryman Lane as shown on permit #16245.
The fact is, in May of 1990 a new and un-permitted well was illegally drilled and located at 44100 Ginger Circle APN# 571-040-002
In 1992 for the first time a permanent pump was installed in the well on parcel 571-040-002 thereby completing the domestic well as shown on a well driller's report and within an invoice written by Lynch wells Co..
On September 11, 1992 Ronald Mark Leusehen signed a road and water tank "Grant of Easement" # 227694 thereby creating rights to and for a new water storage system. The grant was recorded on May 16, 1993 Pictured here. Mr. Ronald Mark Leushen did not grant rights to the entity known as one Weber Valley Heights Non-Profit Association anywhere within the legally recorded and documented easement rights.
CA CIVIL CODE SECTION 654, 657
The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be ownership is called property.
657. Property is either:
1. Real or immovable; or,
2. Personal or movable.
Ask yourself this question, "how and in what year did those real property rights transfer to the union of that stand alone mutual benefit association"?
Title 22 Chapter 14 64211. Permit Requirement. (c) A change in ownership of a state small water system shall require the submission of a new application.
64215. Water Supply Requirements. Prior to receiving permit approval, a state small water system which was not in existence on November 12, 1991 shall demonstrate to the local health officer that sufficient water is available from the water system's sources and distribution storage facilities to supply a minimum of three gallons per minute for at least 24 hours for each service connection served by the system.
Where are the test results and records of those tests showing 44100 Ginger Circle or APN 571-040-002?
64216. Mutual Associations Prohibited. No state small water system which was not in existence on November 12, 1991 shall be issued a permit to operate.
The following document provides proof a joint ownership of a common interest water system was created after 11-12-1991.
May 16, 1993 Mr. Ronald Mark Leushen recorded explicit rights for use to his real property. Not one of those rights named Weber Valley Heights Water Association as a benefactor.
Why was WVHWA granted a permit to operate something it does not own as a third and independent party? Was fraud involved.
July 13, 2002 The "revised" Association Bylaws now show a new name and that the status as a non-profit no longer exist. This was a new mutual benefit association with new bylaws. California Safe Water Act 64216 Mutual Association Prohibited after November 12, 1991. Why did DEH issue the association a permit to operate? One line at the bottom of a letter provides proof this was a second association that had started. I quote "We be on our own again" was addressed to DEH by Mrs. Deborah St Pierre. The meaning behind that quote may have been we were on our own and without DEH before we revised the newly named Association.
Sometime in 2003 the two following maps on file with DEH provided an accurate number of water supply hook-ups, map 2 and map 1, the maps show that two completely separate systems then existed. Jumping forward in time this document written by Mrs. Deborah St Pierre also claims only three hook-up per the two as noted separate systems that then existed
Some basic facts related to the Association.
Look back at the 1973 Weber Heights Non-profit Association bylaws, compare them to the acting and revised 2002 Weber Valley Heights Water Association Bylaws. There are two similar yet different named associations having similar but completely different bylaws Page 1. and Page 2.
September 11, 2004 as shown Weber Heights Non-profit Association was no longer the name. A newly formed union of Weber Valley Heights Water Association was started. The new Association meeting agenda pg. 1-2 and elections of officers.
Mrs. Deborah St Pierre was elected President of WVHWA in 2004; she failed her fiduciary duty to the association on September 11, 2006 by not calling for an election of a new board as required by the revised 2002 association bylaws.
As of Sept. 12 2006 an incumbent board representing Weber Valley Heights Water Association no longer existed.
Mrs. Deborah's charade started on September 12, 2006. Assets of the non-incumbent association (finical accounts) continued to be controlled by the past president. She in her own mind seemed to think she remained the association President even after failing to uphold the required association bylaw for election. Her actions lasted from September 12, 2006 until January 14, 2012. Noting not one meeting was held betweeen 2005 and 2012.
All legal documents representing that newly formed revised 2002 association that were signed after September 11, 2006 by Deborah St Pierre whereas she was claiming to be President of WVHWA were in fact signed by means of decption. According to County of Riverside ORD. 682 the State Small Permit 1790 should be revoked. The fact is her elected term as President of that Association had expired on 9-11-2006. Her new title was ex-President elect after the termination timeline of elected President status according to the 2002 bylaws.
Mrs. Deborah St Pierre falsified documents to the Department of Environmental Health everytime ashe was claimed to be President of WVHWA after that date of September 11, 2006.
July 2010 to fulfill her own twisted plan Deborah St Pierre spent unauthorized funds for advice from Attorney Alec Harshey 901 S State St, Hemet, CA 92543.
July 7, 2010 Deborah St Pierre then related her findings from the Attorney Alec Harshey.
July 15, 2010 Deborah sent a letter to Beverly Heath.
July 19, 2010 Deborah wrote what her motive was, "This member making money the use of our water".
July 23, 2010 Total services connections are admitted.
Deborah St Pierre sent out ballots that failed to conform to CA Corp. Law and not authorized at a meeting or by ballot by the well owners.
Deborah St Pierre using the USPS sent a letter demanding a property owner to follow her demand or the legal and appurtenant granted recorded rights would be denied.
August 10, 2010 Deborah St Pierre claimed "We won't be in the state small water system next year".
August 12, 2010 Deborah St Pierre wrote motive #2 "This member is making a lot of money off our water".
August 12, 2010 Deborah St Pierre delivered by mail a ballot without a time for return asking should members uphold bylaws.
Hess voted and Deborah St Pierre shared the tabulated illegal ballot results. Hess is not listed as a well rights owner.
I saw this letter as an attempt to extort Mrs. Beverly Heath into complying with Deborah St Pierre's wishes. Mrs. Beverly Heath owns rights to the wells and rights to the water storage easement. Mrs. Deborah St Pierre knew the Association did not own any rights to the well. She had been informed by an Attorney the Association did not own rights to either of the well. I was there I know what the Attorney told the two of us.
August 23, 2010 it was Deborah who wrote and sent the "Notice of intention to terminate water service". The illegal ballots she sent out never mentioned "termination of water services". Even if they did the Association does not own a right to say how water is or is not used and Mrs. St Pierre claimed Heath was using water commerically.
August 25, 2010 thank you for voting
September 1, 2010 Water inspection noting the total hookups to the water system
September 1, 2010 pg. 2
September 1, 2010 legally connected properties map.
September 13, 2010 SEE BRIEF Deborah St Pierre and Dan Spears severed an appurtenant water supply pipeline embedded in real property not belonging to the past and failed non-profit association.
September 27 2010 Deborah St Pierre sent an illegal ballot trying to terminate Reed's water service.
October 14, 2010 Deborah St Pierre provided false information to a Riverside County Sheriff.
November 30, 2010 without easement owner's approval Deborah St Pierre spent unauthorized funds at attorney Best, Best and Kreger.
November 2, 2010 Deborah St Pierre planned to expand the rights granted within the 1990 Grant of easement.
December 3, 2010 Deborah St Pierre spent un-authorized sums of money for Deborah's personal research goals.
January 2, 2011 Deborah St Pierre provides proof she believed the ballot was to completely terminate Heath's water. The ballot stated uphold bylaws, the word terminate was not mentioned once on the illegal ballot.
January 11, 2011 Deborah St Pierre continued her non authorized spending spree without consideration of her actions.
January 3, 2012 Deborah St Pierre still claiming to be President of the failed association called for a group of people to attend a garage meeting held at Dan Spears property.
The Mrs. St Pierres charade of being continued continued up to January 14, 2012 and even on that date she claimed to be President in order to call a meeting of a defunct association.
- On January 14, 2012 that group consisting of both renters and real property owners voted on a new board of directors. They failed to name their new association.
- The group consisted of:
- Property owner Dan Spears, book/map 53/53 parcel -1
- Property owner Debbie St. Pierre, Bob Franko book/map 53/47 parcel -2 and 3
- Property owner Sherry Reed parcel 53/40 parcel book/map 53/40 parcel -2
- Property owner Leroy and Janice Smith book/map 53/51 parcel -1
- Property owner Gary Boer book/map 53/43 parcel -2
- Property owner Jeff Hall book/map 53/53 parcel -4
Property renter Eric Schaumberger he seconded votes and was a non-easement association right owner. Property renter Tina Ziegler was also a non-easement right owner.
- The Minutes from last meeting held onSeptember 11, 2004 were dispersed and discussed.
- No bylaws were adapted for the new mutual benefit association consisting of both real property rights owners and the property renter who moved motions as noted by Tina Ziegler who somehow was appointed as a temporary Secretary.
- At the close of the meeting on January 14, 2012 adjourned at 2:10 pm a new mutual benefit association group was formed without bylaws and without a name.
- The two previous association's one being Weber Heights non-profit and the other mutual benefit association known as Weber Valley Heights Water Association no longer were functioning as a valid non incorporated associations as of September 12, 2006.
CORPORATIONS CODE SECTION 12460-12466. (b) A regular meeting of members shall be held annually.
18035. (a) "Unincorporated association" means an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized for profit or not. Is illegally drilling a well considered a legal purpose?
Article 6. Dissolution ..... 18410
18410. An unincorporated association may be dissolved by any of the following methods:
(c) If the association's operations have been discontinued for at least three years, by the board or, if the association has no incumbent board.
(d) If the association's operations have been discontinued, by court order.
18100. The interest of a member in an unincorporated association is personal property.
18105. An unincorporated association may, in its name, acquire, hold, manage, encumber, or transfer an interest in real or personal property.
18110. Property acquired by or for an unincorporated association is property of the unincorporated association and not of the members individually.
18115. The acquisition, transfer, or encumbrance of an interest in real property by an unincorporated association shall be executed by its president and secretary or other comparable officers, or by a person specifically designated by a resolution adopted by the association, or by a committee or other body or person authorized to act by the governing principles of the association.
The facts are, 3 separate and completely different Grants of Easement provided 13 totally separate interest real properties appurtenant rights of interest in common for the benefit of said land as in exhibit (A) of the recorded rights being those separate 3 distinct and legally recorded grants of easement and not one of the easements granted rights to the failed and defunct Weber Heights Non-profit Association.
EVIDENCE CODE SECTION 410.As used in this chapter, "direct evidence" means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact.
CORPORATIONS CODE SECTION 12460-12466. (b) A regular meeting of members shall be held annually. One meeting held on 9-11-2004 and another held on January 18, 2012 is not what would be called regular.
CA Corp Code Section 18035. (a) "Unincorporated association" means an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized for profit or not.
1. Illegally drilling a well is not a lawful purpose. Riverside Ord. 682 CA Water Code 13801
2. Without a legally issued building permit, running over 1000 foot of 220 voltage wires and illegally burring it is not a lawful purpose. Riverside County Building and Safety Code.
CA Corp Code 5223. (a) The superior court of the proper county may, at the suit of a director, or twice the authorized number (Section 5036) of members or 20 members, whichever is less, remove from office any director in case of fraudulent or dishonest acts or gross abuse of authority or discretion with reference to the corporation or breach of any duty arising under Article 3 (commencing with Section 5230) of this chapter, and may bar from reelection any director so removed for a period prescribed by the court. The corporation shall be made a party to such action. (b) The Attorney General may bring an action under subdivision (a), may intervene in such an action brought by any other party and shall be given notice of any such action brought by any other party.
Conclusion,
I hereby and respectfully ask DEH to take action and please revoke that State Small Water Board permit #1790 issued in the name of that defunct non-profit association. If DEH refuses to revoke the permit, I ask the Attorney General to direct DEH revoke permit #1790 due to the misleading facts and information submitted to DEH by past so called members.
Furthermore, I hereby ask the Attorney General to please review the fact I have included in this case and then call a grand jury to investigate all the frauds and illegal activates named herein as mentioned within this investigation and discoveries.
As per CA evidence code section 500.
Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.
The three grants of easements and my grant deed provide proof Weber Heights and or Weber Valley Heights does not and did not own rights of entitlement for usage or rights to control the granted easement rights, nor did or does the Association as a union have any rights to use or control use of my real or personal property. Therefore I ask DEH to please revoke permit #1790 that is issued to a Weber Valley Heights Association as that permit related to my real property illegally.