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November 16, 2016 at 7:39 pm #3062Rana GoodmanKeymaster
It was quite a few years ago, but then my friend, a very stubborn and proud Scotsman has a long memory and does not seem to let things go until they are set right. Over the years we have argued about some of these issues when I have tried to tell him to let them go and move on, however, in this particular case neither of us is willing to let it go.
To those of you who have not met Norman McCullough or have not heard the story, let me give you the “Reader’s Digest version going back to the beginning so that you will understand this update.
It began at an association board meeting when Jack Troia was president. At the last public comment section a lady at the microphone made a comment that seemed to cause Norman concern and he had a question regarding her comment. He quickly walked to the microphone on the other side and raising his hand he said to Jack Troia, “I have a question on that” Jack replied, “the meeting is over” and began to walk off the stage.
Norman quickly walked over to the then CAM, (I was several steps behind him so we could walk out together) He touched the CAM on the shoulder, to get her attention and said “would you please tell him I have the right to ask a question?” The CAM, Caren Carrera, snapped,”he said the meeting is over” she then left the room.
The key here is the touch Norm an made on Caren’s shoulder……. As God is my judge, he touched her no harder than one would a new baby.
Several days later Norman called and told me that he had received a notice from the board of directors giving him notification that Caren had accused him of assault.
The day before the hearing the board realized that there was nothing in our rules covering “assault” since the “code of conduct” was done away with so they pulled another paragraph that seemed to fit from the rule book and without notifying Norman’s attorney changed the charge. Although I had signed a sworn statement, I was not allowed to testify as to what I had seen or heard. Yet, another board member, who was not on the stage at the time of the incident, testified that he SAW Norman GRAB Caren roughly by the shoulder and violently shake her.
For this CRIME Norman was banished from the common areas for 6 months. Those 6 months covered Thanksgiving, Christmas, and the other holidays that followed. In addition John Leach’s office charged for attending the meeting at which the hearing was held.
The Real Estate Division/Ombudsman wrote a letter of instruction telling the board that an association attorney CANNOT charge a resident for attending a meeting or hearing. Obviously, Norman sent a letter to the board requesting a refund of the $500 plus legal bill.
Suffice to say, the SCA board at the time refused to not only refund the legal fee, but also to even admit any wrong doing. The office of John Leach not only refused to return the fee but started the whole issue of claiming Norman was not even an owner since his wife Mary was the trustee of the family trust named as owner of their home.
So what did our fighting “Scot” do you might ask? He did what I don’t think any other HOA resident has been able to do, take the board to small claims court for a case like this. His hearing will be November 30 in Henderson and yours truly will be there to root him on and to testify to what I saw and heard that day. I only hope those who lied that day will be there too.
The following is the complaint For those interested in the “games lawyers play”…… I will up date you all after the court hearing on the 30th of this month.
III . Attorney for the Defense committed Perjury.
Statement of Norman McCullough:
* Now comes attorney David T Ochoa who signed the Motion to dismiss, and he also puts into the court records his statement that reads as follows.
(Quote) “This motion is made and based upon the attached Memorandum of Points and Authorities, the exhibits attached hereto, the pleadings and papers on file with this Court, and any oral argument this Court may allow at any hearing on this matter. Per NRS 53.045, I declare under the penalty of perjury under the law of the of the State of Nevada that the forgoing is true and correct,” Attorney David T Ochoa did commit perjury when he submitted a legally flawed and untrue exhibit to this Court. . Attorney David T Ochoa submitted a document into the records and swore that document was “true and correct” In fact it is NOT.
FACT: The Attorney David T Ochoa’s Exhibit B and my Exhibit 3C are the same document. It is a letter sent to my lawyer dated September 01, 2010 — NOTICE OF RESULT OF HEARING. This document fraudulently claims that only TWO SCA Board members were asked to recuse themselves from the deliberations because of bias. That is a lie and Attorney David T Ochoa knows it to be a lie. My lawyer had asked THREE SCA Board members INCLUDING Director Jack Troia who defied my lawyers request. (See Exhibit 3C, and 5B the Affidavit of my lawyer Ryan Hamilton )
FACT: The Attorney David T Ochoa’s did commit perjury when he submitted the NOTICE OF RESULT OF HEARING to this court because he knew that (on August 26, 2010) Director Jack Troia had falsely accused me of violating “Code of Conduct” (Article IV, Sections 3,5,6 and 8 of the Rules and Regulations). Attorney David T Ochoa knew that that “Code of Conduct” had been removed from the Rules and Regulations to protect the husband of a Board Member.
Attorney David T Ochoa also knew that this was the reason that the State of Nevada advised me that I seek to have the matter Resolved in the Dispute Resolution Process which I did.
REF: Doc. I, and 3C
FACT: The Attorney David T Ochoa’s did commit perjury when he submitted the NOTICE OF RESULT OF HEARING to this court because he supported a lie to by a non resident of the community who said I “poked her in the shoulder” The Attorney David T Ochoa’s knew that my lawyer had been contacted by a witness who was less than ten feet behind me and
testified that I did not.
The Attorney David T Ochoa calls me a liar, and my lawyer a liar, and the witness Ms Rana Goodman a liar. The Attorney David T Ochoa knows that my accuser WAS NEVER MADE AVAILABLE TO MY LAWYER FOR CROSS EXAMINATION. Ref: Exhibit 5A. The Attorney David T Ochoa would rather commit perjury than jeopardize the Board of Directors plan to destroy my credibility with more lies.
FACT: The Attorney David T Ochoa (who signed the Motion to Dismiss) has a conflict of interest because he is representing and presenting to the Court the testimony of a Community Manager who is not entitled to use the services of the Associations lawyers . Consider: A. She is not a resident of Sun City Anthem and B. She lied when she claimed I committed a “Physical Assault” (See
Exhibits 1, 6A & 6B)
FACT: The Attorney David T Ochoa (who signed the Motion to Dismiss) makes inflammatory untrue remarks and says I had “anti HOA groupsrepresent me. That is a blatant lie.
TRUTH: I ADMIT that I have been having discussions with some persons connected with the news media in Las Vegas. They are aware of many abuses and illegal activities that have been committed in many parts of our country, and they are beginning to wonder if the same thing has happened in Nevada. The Attorney David T Ochoa and the Board of Directors of Sun
City Anthem may well regret their actions in this matter because I am not going to remain silent. Why would I when I have the TRUTH on my side?
* The Attorney David T Ochoa (who signed the Motion to Dismiss) actions are counter to NAC 116A.345 (5) (See Exhibit 4B.)
* The Community Manager (that Attorney David Ochoa is defending) lied when she claimed I “poked her” and on May 27, 2016 an Attorney from his own Law Firm read a Sworn Statement from a witness ( Exh’s 6a & 6B) that proved Caren Carrero was lying when she claimed I “poked her.” His law partner’s name is Attorney Kaleb Anderson and he read and examined the sworn testimony of the witness to the incident described by Caren Carrero that proves she lied and more importantly it proves THE INCIDENT NEVER HAPPENED.
* It is clear that the Association’s law firm is willing to completely ignore my rights as a citizen. It is also clear that I have been falsely accused and now in they want to prevent me from submitting into evidence the sworn Statement of a witness that proves my innocence. (Exhibits 6A & 6 B )
It is also clear that now they want to prevent me from submitting into evidence the sworn Statements of my Attorney Ryan Hamilton. (Exhibits 5A & 5B )
* On May 27, 2016 The Mediation Case # 16-831 was concluded. The Parties who signed to register their attendance were myself. Dee Newell (The Mediator who conducted the meeting) Sandy Seddon (the Sun City Anthem Manager), and Attorney Kaleb Anderson of Lipson, Neilson, Cole Saltzer & Gaein. The Attorney David T Ochoa (who also works for that same law firm) cannot deny that he is aware of the failed Mediation that legally allows me to bring the matter to this Small Claims Court (DOC. IV)
* Here is an Excerpt from the statement made by Attorney David T Ochoa and submitted into the Court Records. He says (Quote) After the Mediation was completed Mr McCullough was then legally capable of filing a Claim against the HOA. (Un-Quote) Thank you for that David. But shortly after his admission he says that for some UNKNOWN reason he (meaning me) (Quote) “filed the claim in Las Vegas Justice Court that does not have Jurisdiction over the Henderson based HOA. The Las Vegas Court transferred the Case to Henderson. (Un-Quote)
Really Mr Ochoa ?? Perhaps you did not hear the Judge in the Las Vegas Court who agreed with you that the Henderson Court was the proper court and ordered that the case BE TRIED in the Henderson Court and he also ordered that all the fees and the money I paid to the Las Vegas Court be transferred to the Henderson court because he did not want me to have to pay additional money.
FACT : On page two of the defendants EXHIBIT B you will find these words. (Quote) The Board determined that on May 27, 2010, Mr McCullough inappropriately jabbed the Association’s then Community Manager, Caren Carrero, in the shoulder and that such conduct amounted to an offensive activity in violation of Article III. Section 3.6 of the Declaration. (Un-Quote)
This is a blatant and intentional lie that was exposed by a witness who contacted my lawyer and filed her written statement. (Exhibits 6A & 6B )
FACT : The Board refers to four members – one of which was Jack Troia who defied my lawyers request to recuse himself from those deliberations . That was a deliberate act proving he is biased and also proving he violated my rights to Due Process.
FACT : The Board also includes Secretary Ann Small, Director Celeste Bove, and Director Jerry Gardberg. These three SCA Board members all heard Jack Troia falsely accuse me of violating a Non-Existent Code of Conduct. These three SCA Board members also heard my Lawyer ask that Jack Troia recuse himself from the deliberations but they also lied to the Associations attorney and failed to advise the Association’s attorney that Jack Troia had been asked to recuse himself.
There is no doubt that the Justice Court in Las Vegas granted the defendants motion and they agreed that the Henderson Justice Court was the proper court to hear and decide the issues and that the Nevada Real Estate Division did not have the Jurisdiction. There is also no doubt that the defendants are viciously attacking me and making untrue statements to this court in order to evade justice and sweep away the lies and deceit committed by the Sun City Anthem Board of Directors. I am in this court seeking Justice because a Community Manager who is not a resident lied and said I committed a “Physical Assault”. ( Exh. # 1 )
I am in this court seeking Justice because a Board member lied and accused me of violating a Non-Existent “Code of Conduct”. ( Exh # 3C )
I am in this court seeking Justice and asking to be reimbursed for money that was taken from me because a Community Manager lied and the “Event” she described as the reason to take money from me and to bar me from using the facilities I paid for NEVER HAPPENED. I deserve my day in court to prove it. (Witness Statements 6 A & 6 B )
These are the words of my lawyer Ryan Hamilton (Quote) Mr. McCullough has been deprived of his property rights as a SCA resident (he could not use the common area facilities for six months), has been forced to pay for legal advice that violated his own rights, and has been publicly humiliated at a hearing that was procedurally improper. (Un-Quote)
( My Lawyers Statement 5 A & 5 B )
I am asking that the motion made by the defendants be denied and I am asking that the court recognize that I have completed all the steps needed to satisfy this courts requirements and put this matter to rest. I am a senior citizen who lives on a limited income and I have been wrongly accused and I deserve to be compensated for the money that I was forced to pay a lawyer to defend me against the untrue charge that I committed a “Physical Assault”, and the money that I was forced to pay when they illegally claimed I was the owner of the property involved.
Norman McCullough Plaintiff Case No. 16AH000247November 16, 2016 at 9:01 pm #3067Norman McCulloughParticipant
Thank you Rana for telling it like it is — and for telling the truth. As God as my witness I did not “poke her in the back” as she testified. My lawyer has NEVER been allowed to question her either. Now our new manager and the new attorney’s are willing to spend the Associations time and money to still defend her lie and to defend what John Leach started. I find it hard to believe that an American born citizen can be treated this way.November 17, 2016 at 6:41 pm #3072AnonymousInactive
<span style=”font-size: 14pt;”>GO NORMAN!!!!!!!!!!!!!</span>
You absolutely deserve your day in court. This whole thing has been disgraceful and is no way for a resident to be treated by our supposed “leaders”. I will be anxious to hear the results of your November 30th court appearance. Good luck.
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