Fred Rosen’s 4/23/16 response to Ron Hudson and Bruce Kuyper
RE: Correct Chronology of Events
At some point all the lies and misleading statements need to be held to the light of truth. While most of you don't believe the pablum and drivel written by Ron Hudson and prepared by Bruce Kuyper and approved by Marv Elkin---if it was a movie it would be called "Enemies of Bel Air", I think its time to have a correct chronology of the events. Ron Hudson's blog more properly belongs on Comedy Central---a florist and interior designer providing legal analysis to a community is actually pretty funny--if it wasn't so sad...this is a man who in his role as a former leader of the BAA voted for the variances that the Bel Air Bar & Grill asked for--notwithstanding the fact that he failed to disclose he was taking office space there (free?)--and that he had a conflict of interest and fyi-- the BAA, prior to March 17, had no Conflict of Interest Policy.
We all know that there was an election on March 17 and that a new Board of Directors and Officers were properly installed. There are only 4 people contesting this election--none of them understand the meaning of democracy or transparency--and candidly the community wanted them to be removed. There is no community support for their behavior---and their inaction over the last 5 or 6 years has created the mess the community currently finds itself in.
March 17---three members of the BAA rightfully call a meeting pursuant to the by-laws---the meeting was properly authorized (notwithstanding the delusional emails from Bruce and Ron) and was very well attended------by a vote of 155 to 1----the By-Laws were amended and 9 new Directors were elected---and they elected new officers. All the books and records were removed by the former officers and directors--acknowledged in correspondence from their attorney. The newly elected officers occupy the BAA offices and all the bank accounts are properly transferred.
March 21--the BAA and Ron Hudson (the Plaintiffs) begin litigation in Santa Monica asking for a Temporary Restraining Order asking the Court to rule that the election is invalid and restore the offices and bank accounts to them.
March 23--Documents from both sides are submitted and a hearing is scheduled for March 24
March 24--The Hon. Judge Mitchell L. Beckloff made a ruling solely on the documents submitted--which denied in total their request for a Temporary Restraining Order--and scheduled a hearing on their Motion for a Preliminary Injunction on April 28.
March 28--The Plaintiffs file for a Motion for Preemptory Disqualification of Hon. Judge Beckloff (which is their legal right)---a new judge, The Hon. Lisa Hart Cole is assigned
April 4---Plaintiffs dismiss the lawsuit in Santa Monica without prejudice
April 8--Bruce Kuyper brings a new lawsuit in downtown Los Angeles asking for Declaratory relief--basically the same action brought in Santa Monica--with a different Plaintiff (Bruce-not Ron) in another Court (downtown)---the Hudson/Kuyper Blog on April 8 states "After an unexpected judge reassignment in that case (Santa Monica), we determined that it was better to pursue a new lawsuit...." Judge shopping??
April 14--There was hearing downtown--the defendant's attorneys did make a Preemptory Disqualification of the first judge assigned to the case--just as Ron's attorneys did in Santa Monica--and a new Judge was assigned---who then scheduled a hearing for May 12--but acknowledged that the hearing would be vacated if Judge Cole took the case as a related case to the first action.
April 15--the Hon. Judge Cole moves the case back to Santa Monica as it is a related case under the meaning of California Law
April 26--hearing scheduled by Hon. Judge Cole in Santa Monica
While I understand this is difficult to follow--let me share the end result---Bruce, et al went Judge shopping --and they lost--it's back to where it started---the delays are a total result of their behavior--since they take no responsibly for it they try to point the finger at others--had the matter been left in Santa Monica there would have been no delay. Bruce, Marv and Ron were/are miserable, rotten representatives for our community--which is why they were voted out of office and no one wants them back. Their blog of bloviated nonsense is another example of why they are not fit to serve. Had it been left in Santa Monica, the litigation would be proceeding--we are now back to where we were a month ago--and the loss of 30 days is a direct result of their behavior--they just refuse to take any responsibility for it.
Three other matters--yes--I did send that note to Marv--I only sent it to him---and him distributing it to the whole community shows how little respect he has for himself. Everything I stated in it is true. He has been intransigent and uncompromising, and as the longest serving former Board member must take ownership for the lack of transparency and miserable performance of the BAA prior to March 17. Putting his wife on the Board (by the way she was removed in January----and of course they failed to notify the community--another example of their pitiful governance) showed his absolute lack of concern and contempt for the community--aside from independence, in our collective opinion, she lacked the capacity to serve---only a miserable ____ (you can fill in the adjective) would put a loved one in harms way.
There is an email below which was sent to Bruce from a community member after yesterday's communication---I removed the name--but, in an election, you would say, I approve the message!!
Finally--while I think do think civility has a place in our world--I believe that competency and effectiveness have a larger role----in their absence--its hard to be civil to people who each day enabled conditions whereby community members spend their time dodging hauling and construction trucks.
Date: April 22, 2016 at 2:34:40 PM PDT
To: Bel-Air Association Secretary Bruce Kuyper <firstname.lastname@example.org>
Subject: Re: Bel-Air Association Litigation to Declare March 17, 2016 "Special Meeting" Invalid
You do not have my support...so don't thank me for it.
Fred's letter was on the money. Perhaps not politically
correct...but I think we can ascertain from Donald Trumps popularity...that people are tired of political correctness. Fred says it like it is.
Please go away!! Your organization has ruined our community. You and your group should be ashamed.
THE RON HUDSON/BRUCE KUYPER April 22, 2016 BLOG ENTRY:
The Bel-Air Association's lawsuit is scheduled for a status conference on Tuesday, April 26, 2016. The Alliance continues its attempts to delay a judicial resolution.
Dear Bel-Air Association Members and Community,
As I previously reported, our Secretary and General Counsel (and board member) Bruce Kuyper brought our current lawsuit (on April 5) to invalidate the Alliance’s unauthorized March 17 “special meeting” in the name of the Bel-Air Association, which violated the California Corporations Code and our bylaws.
The Alliance’s CEO Fred Rosen and his cohorts (including Courier Publisher Marcia Hobbs, Dan Love, Jamie Meyer and other Alliance members) have of course done everything possible to delay a judge from hearing and deciding this issue, even though the California Corporations Code requires that a hearing be set within 5 days of the filing of the lawsuit. When the first assigned judge set a hearing on April 15, in accordance with the Corporations Code, their attorney immediately accused the judge of prejudice and exercised a peremptory challenge. The next assigned judge set a hearing for May 12, over their objections and further attempts to delay a hearing indefinitely. Then, last Friday, the judge assigned to our first lawsuit acted on the notice of related case that we’d originally filed with the lawsuit on April 5, sending the case to that judge. That judge has now set a status conference for this Tuesday, April 26.
We continue to be barraged by brazen missives containing blatant misstatements and unfounded threats that Alliance members send to the Bel-Air Association’s board members. The following is what Fred Rosen himself sent to an Executive Committee member Tuesday evening:
"Just keeping you informed--and this note is just between us--unless you decide to circulate it. In my opinion, you have been a total asshole to our community--as a matter of fact, I think that you have had your head so far up your ass you haven't smelled fresh air in years. You have dumped on the community and its [sic] about to be reciprocal. We all have nothing but contempt for you. Putting your wife in harms [sic] way shows me what a truly miserable human being you are. Books and records need to be returned--or there will be consequences.
"Heard you have been complaining that Dan has been on tough you--to be candid---its [sic] only what you deserve. Enjoy the evening. You can stay above the fray--but the fray won't stay above you!!
This of course is NOT the way that anyone in the Bel-Air Community should behave, let alone purport to lead.
Despite the Alliance’s continuing attempts to delay a judge from conducting a hearing in our lawsuit, we remain confident that the court will make a relatively quick decision in our favor. We also remain confident that the court will then hold these Alliance members accountable for their wrongful actions.
As always, we thank you for your support.
Ron Hudson Your Bel-Air Association President