Link to the PDF of the State of Michigan Attorney Discipline Board Formal Complaint vs. Sidney Powell et al. for filing a complaint that alleged widespread voter fraud and sought to decertify the results of the 2020 presidential election.
Michigan Attorney Discipline Board correctly made 9 attorneys pay the victim $153,285 attorney fees incurred for defending against a baseless complaint
The City of Detroit filed a complaint to sanction attorneys whose unethical conduct damaged the City by their knowingly filing meritless claims to attempt to reverse the ceritified results of the 2020 election not supported by law or evidence.
The Michigan Attorney Discipline Board, according to its legal duty to assist its State Supreme Court to govern the legal profession in Michigan, accepted the complaint, conducted an investigation, issued findings of fact and conclusions of law, to support an order for the attorneys to pay the City of Detroit $153,285 that the City of Detroit had been forced to incur defending against this frivolous lawsuit.
Nevada allowed pro se victim to be declared vexatious litigant for objecting to accruing $36,210 in attorney fees to collect $57,282 wrongfully withheld from her for 8+ years
Nevada State Bar just refused all complaints at intake without investigation.
Victim Nona Tobin, President of Fight Foreclosure Fraud, Inc., filed verified complaints to the State Bar of Nevada that were all fully supported by verified forensically audited documentary evidence. All cited specific provisions of the Nevada Rules of Professional Conduct that had been violated by specific actions taken by the named attorneys on specific dates. Many of the allegations specifically charged that the attorneys of concealing evidence of criminal conduct and recording false claims to title which would be felonies if convicted.
Assistant Bar Counsel Philip Pattee rejected all her complaints at intake without Nevada law: 1) the victim’s complaint must provide evidence that meets the clear and convincing standard and 2) the victim must provide the Bar Counsel with a court order that includes written findings of attorney misconduct before the Bar Counsel will open an investigation file or even send the matter to the attorney to require the attorney to refute the allegations in the complaint
Findings of Fact, Conclusions of Law and Order in Michigan Case should be emulated here
Quoted below is Forrest Quinn’s excellent NextDoor June 22, 2023 post about Adam Clarkson’s adding his own requirements for residents to serve on the SCA Board. Since I am the poster child of this particular form of homeowner abuse, I thought I’d give you the back story of how it all started and how much, much worse it’s become since 2017.
Sun City Anthem was managed from the time it went from developer (Del Webb) control to “self-management” by a contract manager, FirstService Residential (FSR) that also held the Nevada NRS 649 debt collector license and using a wholly owned subsidiary doing business as Red Rock Financial Services was the HOA’s debt collector and foreclosure sale trustee. Remember that all HOA managers are fiduciaries by law even when they are performing debt collection functions. Attorneys are also supposed to be fiduciaries even when they are acting as HOA debt collectors. (You have to remember that because they have forgotten.)
During the transition to “self-management” Sandy Seddon was hired 11/1/15 to overlap with FSR as a shadow manager to transition the systems at a base salary of $250,000, $100,000 more than the Sun City Summerlin full-time manager who was hired at the same time. Many people objected, including me, when six months after she took over after FSR’s departure in late 2016, the Board gave her a $20,000 bonus. I went to the HOA office and found that we actually had a separate Community Association Manager, Lori Martin, besides Sandy Seddon who was called the General Manager at that time. I requested a copy of the HOA’s management performance compensation policies and to see if any market surveys that had been done to set her salary. CAM Martin informed me that there were no policies, that the Board had essentially unfettered discretion to set the pay. When I asked, “so they could pay her a million bucks a year?” The answer was yes.
I ran for the Board in 2017 and was elected on 5/1/17 with 2,001 votes. On the same day I took my elected Board seat, Adam Clarkson’s 1st unethical, improperly obtained contract to be Sun City Anthem’s (SCA’s) debt collector and legal counsel.
NRS 116.31086 requires that an HOA Board selects vendors by an open bid process contract bids. SCA Board put out an RFP for a new debt collector to replace FSR dba Red Rock in 2015 and after a full public evaluation of the competitors, selected Alessi & Koenig, LLC to be SCA’s debt collector.
In January 2017, I sent a recommendation to the SCA Board to fire the debt collector because Alessi & Koenig, LLC had filed for Chapter 7 bankruptcy, and they had misled the Board into modifying its contract to a successor entity that had been used to conceal assets from creditors. Instead of putting out a new RFP for a debt collector as required by NRS 116.31086 or even thanking me, Seddon and the Board ignored me.
I filed an application for the Board on 2/5/17, and Lori Martin told me I had to put on my conflict of interest form that I had filed a civil complaint to quiet title of my late fiance’s home that Red Rock had wrongfully foreclosed three years earlier without notice after Red Rock rejected multiple assessment offers that cured the delinquency and had unlawfully kept virtually all the sale proceeds. I told her I wanted the HOA to work with me to settle at no cost without litigation because the HOA shouldn’t cover up the former agents’ wrongdoing. My interest in the Board was to assist SCA become a first-time employer to set up personnel performance, accountability, transparency and compensation policies as that was my professional expertise.
The opinion of SCA’s legal counsel of the time interpreted NRS 116.31034 to allow me to run for the Board so Seddon got the Board to select a new General Legal Counsel for the HOA at the April 2017 meeting before the next Board was seated.
SCA’s litigation attorney in my quiet title/excess proceeds case agreed to settlement negotiations in March 2017 that I had initiated to attempt to achieve a mutually-beneficial resolution of the wrongful foreclosure action at no cost to SCA or to me before the 5/1/17 SCA Board election.
Rather than allow me to have my rights under SCA CC&Rs XVI: ADR & Limitation on Litigation, and for no good purpose, SCA management changed the litigation attorney to one who rejected my 3/22/17 no cost settlement offer unilaterally without taking it to the SCA Board for approval and without consideration of the best interests of the Bound parties.
Seddon, in concert with my competitor for one of the vacant 2017 Board seats, Board President Rex Weddle, orchestrated another unlawful manipulation of NRS 116.31086 before the 2017 election to bring Clarkson in as SCA’s debt collector without an RFP and without agendizing the Board action to do so at the April 2017 meeting before the new Board was seated.
Once Clarkson started at SCA with the power of two highly incompatible roles on the same day as I was seated in my elected position, the relentless campaign to keep information from me, to treat me differently from other Board members ensued.
At my first SCA Board meeting, Clarkson got the Board in closed session (after removing me) to order me to recuse myself from all collection matters regardless of whether there was any relationship whatsoever to the 2014 wrongful foreclose conducted without valid SCA Board approval at an open Board meeting by SCA’s former agents who had unlawfully kept $57,282.32 excess proceeds from the sale that belonged to me.
Even though I knew NRS 116.31084 defines how a Board member recuses herself if there is a conflict, I didn’t argue because I expected the litigation could be quickly settled, not realizing that Clarkson and the new litigation attorney were going to obstruct the litigation.
Clarkson and the litigation attorney not only refused to produce SCA’s enforcement records, SCA Board agendas and minutes, or any of SCA’s official records of probative value to my case, but instead produced the unverified, uncorroborated, incomplete, inaccurate and falsified records of SCA’s former agent Red Rock, misrepresenting them to the Court as if they were SCA’s official records.
Clarkson’s obstruction of my litigation and my Board service conceals a corrupt system he wants to perpetuate
I was forced into litigation, and then my litigation obstructed to cover up that SCA’s former agents, FSR as manager, and FSR dba Red Rock, as debt collector, in 2014, secretly sold, and unlawfully kept nearly all the proceeds from, a dozen SCA homes to a hand full of insider speculators, for a fifth of their value, without approval at an open Board meeting as required by our bylaws 3.15 and 3.15A, for the alleged violation of delinquent assessments, without publishing the quarterly delinquency report required by SCA bylaws 3.21(f)(v), without any without the same notice as the SCA Board is required by CC&Rs 7.4 and bylaws 3.26 to provide when issuing a fine or sanction of any amount.
The core issue is HOA homeowners have rights that are guaranteed to us as the intentional beneficiaries of our HOA’s governing documents, independent of what the state law says. And independent of what Clarkson and the other CAI lobbyist attorneys say.
My problem with all the attorneys against me in the litigation is the attorneys who are supposed to be fiduciaries to the HOA, and to the homeowners as the intentional beneficiaries of the HOA for which it exists, don’t view things that way. They view themselves as representing other interests.
Clarkson’s perspective appears to be that he is a Super-Director above the Board and above the law “I am the attorney. I decide the law. You are required to act solely “on the advice of counsel”. You are prohibited from acting contrary to the attorney’s edicts. He frequently acts in his own self-interest because he has the conflicting role of being a debt collector and a particularly greedy attorney so he makes up rules to decrease transparency. He changes the wording on policies here and there to change so they don’t apply to him or Sedddon, just very sneaky, but blatantly, very non-fiduciary things, as working for the sole and exclusive best interest of the common good of the HOA membershi is the farthest thing from his mind.
The HOA litigation attorney David Ochoa I think actually works for the HOA’s insurance company. He is definitely not working in the interest of the HOA or the HOA homeowner. He was protecting SCA’s former agents because the more liability that can be kept on the backs of the owners the less there is on the insurance company. Just a theory. He’s the one who refused to settle because my claims were similar to the bank’s, but no bank ever filed a claim aginst SCA in this case nor against me for that matter. But somehow without the HOA having any interest in the title and never having filed any claims against me got summary judgment to quiet title by filing an absolutely unnecessary motion for summary judgment against me when there was zero interest of the HOA served by so doing.Further, he did so, after concealing all the HOA’s records of probative value and presenting the Red Rock falsified records as if they were SCA’s. Both HOA attorneys and the Red Rock attorney concealed the applicable 4/27/12 debt collection contract that had an indemnity clause favorable to SCA and the homeowners, and Ochoa disclosed the 2007 contract that shows SCA has to indemnify Red Rock. Since Clarkson refused to discuss why that indemnification provision was not enforced, SCA homeowners were on the hook for $87,000+ legal fees for litigation related to pre 2016 foreclosures that Red Rock should have paid.
Forrest Quinn asked on 1/30/23 if SCA management was trying to discourage residents from running for the SCA Board.
On 1/31/23 Clarkson sent me his 7th notice of my ineligibility to run for SCA Board.
Interpretation of NRS 116
Note that the way Forrest Quinn interprets NRS 116.31034 is the same way anybody who can read English interprets it.
I filed complaints to the State Bar to sanction multiple attorneys for what they have done that damaged both me & SCA by acting in their own self-interest instead of as fiduciaries.
The State Bar rejected the complaint at intake without investigation, telling me only to come back if I had a court order with written findings that established attorney misconduct.
I prepared five draft complaints to file civil actions to request a judge provide written findings, and gave Clarkson and each of the other implicated attorneys, a notice of intent to give them an opportunity to refute the VERY SERIOUS and fully documented accusations against them which they simply ignored.
Since I am still in litigation over the $57,282.32 excess proceeds from the 8/15/14 foreclosure, I filed a motion for an order to show cause to this judge requesting that she consider the five uninvestigated Bar complaints supported by forensically-audited evidence showing that these attorneys knowingly misrepresented both the law and the facts to multiple courts in order to unfairly alter the standing of the parties and to change the outcome of the proceedings and then drafted the orders for the judge to say that the false facts were undisputed and the law was correct.
How Clarkson and attorneys for HOA servicers are stripping my rights to rise above the law
Basically, what happened in my case would be equivalent to a malicious prosecution in the Jim Crow era where a white attorney and a white Sheriff doctor the evidence to frame a black man, and the white judge signs the order to put the black man to death without checking the evidence by simply overruling the black man’s black attorney. Appeals are futile because the order is written that the evidence was corroborated six ways to Sunday and everything the white officers of the court say was beyond a reasonable doubt and the court record showed a vote of 12-0 by a non-existent jury.
I am now fighting a vexatious litigant restrictive order, entered on 3/28/23, that prohibits me from any unrestricted filing of ANY civil complaint in ANY Nevada court against ANY defendant for ANY cause of action unless I pay an attorney to represent me.
Not likely I’m going to hire another attorney after firing three of them, and after I’ve already incurred over $400,000 in litigation expenses over the past seven years, unsuccessfully trying to void the wrongful foreclosure and without getting my $57,282.32 excess proceeds with interest and penalties that’s been unlawfully withheld from me for nearly nine years now simply because I am trying to void the sale and my opponents and trying to cover it up.
In the vexatious litigant restrictive order, the judge’s findings were 100% in favor of the attorneys (big surprise). She “found”, based on no consideration of facts supported by verified evidence in the court record, in an order drafted by one of the implicated attorneys, that my complaints were frivolous and devoid of any legal or factual merit and that my intent for filing them was improper and solely for the purpose of harassing the (presumably innocent) attorneys in the title dispute.
The Governor signed SB 417 on 6/9/23. Boon to HOA management. Woe to owners.
Hardly anybody knows that all Nevada HOA homeowners’ right to control their budgets has been diminished by Clarkson and Seddon keeping their pay a secret from those who pay it.
SB 417 text shows a change to NRS 116.31175, successfully lobbied for by Community Association Institute (CAI) lobbyist and SCA allegedly fiduciary legal counsel/debt collector Clarkson. This states that HOA homeowners no longer have a right, previously guaranteed by state law, to ask HOA management for records that show how much any employee is being paid either per hour or according to the terms of an employment agreement.
There is no benefit to any HOA in the state of Nevada to have a ridiculous provision like this, any more than there would be a benefit to any city in Nevada for the legislature to have passed a rule that said that management could keep half of the budget a secret from the taxpayers.
This opens the door for a massive amount of corruption and stupidity, and there was simply no proper purpose for it except to cover up that Sandy Seddon is still being paid double what her job is worth to the SCA assessment payers, and she and Adam Clarkson are going to “vet” everybody off the Board who says so.
Thanks to Clarkson, SB 417 allows for the Ombudsman to refuse to investigate and allows for people to be kept off the Board for up to 10 years if accused of something
An April 11, 2023 article in the Nevada Current reported Clarkson’s saying some of us just aren’t “good people”
How does this all fit together?
It’s simply a power grab to abridge HOA homeowners’ rights for the unjust enrichment of HOA servicers represented by the CAI lobbyist Clarkson.
I complained in 2017 about HOA agents and managers telling the Board that the Board had to do certain things in closed meetings: 1) the former agents told the HOA Board falsely everything about foreclosure had to be done in closed meetings, but that was false. I said so, and Clarkson kicked me off the Board, obstructed my case from getting the evidence, and conspired with the former agents to lie to the court so I couldn’t win on appeal; 2) Clarkson said the Board could meet in closed meetings every month and pretty much disregard what the law said about the only permissible topics and he was the sole arbiter of what the law was and so by getting a vote of the other six members of the Board at a closed session hen he “declared my seat was IMMEDIATELY vacant by operation of (some unspecified and unknown ) law” given that NRS 116.31036 removal election is the only legal way to remove someone from the Boardhe did so in retaliation to my submitting notices of intent to file complaints against Clarkson to the State Bar and against Seddon for concealing records and working without a proper management contract and against the Board for harassment and bullying because I had complained about their interference in the recall election. It’s been one retaliatory act after another for years, incrementally, a few tiny word changes in an SCA Board policy here, a few false statements in a court order, joined by other attorneys, that describe them as uncontroverted there, then a barely noticed bill through the biennial State legislature masquerading as raising $10 limit on an information request that in really a means to eliminate transparency about HOA management compensation and a means to disenfranchise HOA homeowners for 10 years and eliminate the Ombudsman for Owners in Common Interest Communities’ duty to investigate complaints, as Clarkson says, “even if they are true”. After all, the complainer is obviously not a good person.
Clarkson and Seddon have defamed me by making false claims that I am ineligible to serve on the Board nonsensically because of things I allegedly put before the Board from which I stood to make a profit. The list is longer each year and the reasons are false and frequently use the DARVO technique. Deny – Attack-Reverse -Victim -Offender.
SB 417, vexatious litigant restrictive order, SLAPP, DARVO, Clarkson’s alternative facts version of the law to “vet” me off Board for 7 years, suppression and falsification of HOA evidence that proves predatory practices that Clarkson is perpetuating, lying to court, and defamation are just some of the techniques these attorneys have used to silence me as a whistleblower and to give undue power to HOA servicers who are supposed to be fiduciaries.
A bill sponsored by the Nevada Senate Judiciary Committee seeks to rein in Nevadans who lawmakers say are harassing and demanding too much of their homeowners’ associations and management companies.
“Some of the actions that we’ve taken to protect HOA members have gone a little too far and expose executive board members and their employees to harassment,” including death threats and vandalism, Sen. Melanie Scheible said as she presented Senate Bill 417 to the committee Tuesday. “They’ve also put expensive demands on boards to fulfill unit owners’ requests for records that sometimes have no bearing on the issue at hand.”
Senate Bill 417 removes the current $10 cap community managers may charge homeowners for record inspection, and allows them to charge actual costs.
Laurie Berger, a community association manager in Reno, testified one homeowner’s request took 65 hours for her staff to process.
Samuel Covelli, a retired corrections officer in Las Vegas, says he was “stonewalled” when he asked his HOA for financial information.
“I’m sure there are good HOA boards. I’m sure there are good management companies. I’m sure there are good attorneys in the community representing people,” he testified.”But this whole process is horribly slanted against a homeowner. I’ll take some of the blame for not paying attention to what went on in my HOA for 20 years.”
The bill allows an association to ban a homeowner from serving on an HOA board for up to 10 years for filing a vexatious, defamatory, or false complaint with the state, and allows board members or staff to use HOA funds to recover compensatory damages, attorneys fees, and costs from a person who takes “retaliatory action,” as determined by the State Real Estate Division.
Las Vegas homeowner Michael Kosor says the measure is an assault on the First Amendment and serves to chill opposition to HOA governance. He says it’s also “a rainmaker for the attorneys and management companies.”
Kosor says defamatory speech is already prohibited. The legislation, he says, allows the association to determine what is defamatory and gives the association “the ability to censor free speech based on opposing positions from that of the board.”
Southern Highland’s developer Garry Goett’s OIympia Companies sued Kosor for defamation over statements made on-line and in-person at HOA meetings. Kosor prevailed before the Nevada Supreme Court.
“I’m a retired Air Force colonel fighter pilot with combat experience in the Gulf War,” Kosor testified Tuesday. “This experience defending the attacks of this developer on my family’s financial future was in total the most stressful experience of my life.”
Kosor contends Goett has erroneously maintained control of the Southern Highlands board. He’s presented what he says is evidence to the state, but NRED has refused to investigate. SB 417 would codify the state’s ability to pick and choose investigations.
“There’s an imbalance of power between homeowners and homeowners associations and management companies,” Las Vegan Howard McCarley testified in opposition to the bill. “Extensive financial resources are available to associations and managers. Residents are on their own.”
Adam Clarkson of the Common Associations Institute, the lobbying arm of HOA management companies, says the state’s Real Estate Division receives “a lot of complaints from people that are just routine fighters,” and noted the bill would allow boards to prevent those people from serving on the board.
“They are not the kind of people who should be on the board,” Clarkson said. “They are not good people.”
The measure would also give the state the ability to ignore some complaints.
“Even if the facts are true, NRED doesn’t have to investigate it,” Clarkson of the Community Association Institute testified.
Kosor says the government should advance HOA transparency “and encourage greater participation of owners in their HOAs. This bill does the opposite.”
On 12/19/22, I filed a motion for an order to show cause why written findings of attorney misconduct should not be forwarded to the State Bar against David Ochoa and Adam Clarkson that was accompanied by a Request for Judicial Notice of a complaint filed with the State Bar.
The complaint had not been investigated by the State Bar as shown below. I had to get a court order with written findings before they would investigate these allegations.
Their actions prevented my quiet title case from being resolved fairly in 2017-2019.
They covered up the fraud of the HOA’s former agents by lying to the court and framing me.
David Ochoa, Lipson Neilson P. C., under direction from Adam Clarkson, The Clarkson Law Group, were the lawyers for Sun City Anthem Community Association, Inc., party in the first action who presented the falsified Red Rock foreclosure files to the court and misrepresented them as if they were the HOA’s concealed official records SCA’s attorneys filed a meritless motion for summary judgment to quiet a title in which the HOA held no interest and supported it with the falsified Red Rock records. SCA’s attorneys defamed Tobin and unlawfully removed her from her elected position on the HOA Board for being a party to the quiet title litigation of a house she inherited and have pursued a relentless campaign of harassment and retaliation against her over the past five years both for being a litigant herein and for being a whistleblower about other unrelated HOA matters.
SCA attorneys usurped the statutory authority of the HOA Board to enforce, and to impose fines and sanctions for alleged violations of, the HOA’s governing documents according to the terms of the Act (NRS 116). SCA attorneys obstructed Tobin’s access to Alternate Dispute Resolution (CC&Rs XVI, NRS 38.310) and then used abusive, potentially criminal (NRS 199.480(2)(c), NRS 199.210, NRS 193.130(d), NRS 199.145) litigation tactics to obstruct her ability to fully and fairly litigate her civil claims.
SCA attorneys acted in bad faith and did not serve the interests of the HOA or the common good of the HOA membership at large. The attorneys acted for their own self-interest (Clarkson) or in the interest of other parties (Clarkson and Ochoa), e.g., Sandy Seddon, Red Rock or the HOA’s insurance carrier
Ochoa knew that this phrase that he wrote into the 4/18/19 order was false,
“The totality of the facts evidence that the HOA properly followed the processes and procedures in foreclosing upon the Property”.
All documentary evidence, including declarations under penalty of perjury and sworn affidavits, put before the court on, inter alia, these dates: 9/23/16, 1/31/17, 3/3/17, 2/9/18, 5/31/18, 7/13/18, 12/5/18, 2/7/19, 2/12/19, 2/20/19, 2/26/19, 2/26/9, 2/27/19, 2/28/19. 2/28/19, 4/10/19, 4/12/19, 4/17/19, 4/24/19, 4/29/19, 5/23/19, 8/20/19, 8/26/19 – support the Tobin/Hansen Trust claims. However, the court relied solely on misrepresentations and false evidence by Ochoa and other opposing counsels, to adopt the erroneous orders entered on 4/18/19, 5/31/19 and 6/24/19.
The order, authored by Ochoa, entered on 5/31/19, contains the false statements, completely unsupported by any verified evidence, (See EXHIBIT C of 3/6/22 Bar complaint.) that:
“The substantial exhibits that have been submitted in this case demonstrate that Nona Tobin as Trustee of the Trust was aware of the foreclosure and did nothing to stop the foreclosure. The May 2, 2019 (sic) Order, without addressing superpriority, establishes the HOA had a valid lien and properly noticed the foreclosure sale.”
Pages 48 to 55 of the draft complaint against Ochoa and Clarkson delineate the false evidence they entered into the court record primarily via records obtained from Steven Scow.
I believe this shows that a tiny group of attorneys and HOA managers have for more than a decade crushed the rights of millions of HOA homeowners by convincing legislators nationwide that they were speaking for the best interests of HOA homeowners when they were really the mouthpiece for the trade association of the HOA managers, attorneys and other agents who “service” the HOAs for their own enrichment.
Judge Peterson refused to recuse herself from the decision about whether to vacate ex parte vexatious litigant restrictive order. Why?
12/19/22 Tobin motion for an order to show cause (“MOSC”) why written finding of attorney misconduct should not be forwarded to the State Bar to avoid Tobin having to file separate civil actions because the State Bar will not investigate the complaints without a court order that contains written findings. The MOSC was supported by Requests for judicial notice of the uninvestigated complaints and the draft civil actions that would have to be filed separately if this court declined to file
3/28/23 orderas it was adopted without notice or opportunity to oppose
Tobin’s opposition that Judge Peterson steadfastly refused to allow to be attached to the 3/28/23 order rendering it virtually impossible to appeal
Tobin’s 4/26/23 motion to disqualify Judge Peterson as her impartiality can reasonably be questioned due to improper ex parte communications and acting outside her jurisdiction and conduct in the hearings that showed she made decisions by relying solely on the misrepresentations of opposing counsels and without consideration of Tobin’s evidence. Chief Judge is requested to set aside Judge Peterson’s orders on t from the decision to set aside the orders first on jurisdictional grounds and then on Rules 59 and/or 60 misconduct of the prevailing parties.
5/3/23 Judge Peterson’s affidavit misstates the court record including misrepresenting who the parties are, stating that the case is over, the appeal period is over, but that she can be fair and handle any decisions that are remaining. Given that by refusing to recuse herself is the only way she can guarantee that her extraordinarily harsh and damaging orders against me, that prevent my title claims from ever being adjudicated based on evidence, can stand, why is she insisting on it? What’s in it for her?
5/10/23 Non-party Red Rock LLC’s opposition to my 4/26/23 motion reiterates the same false version of history that omits the fact that there has never been an evidentiary adjudication of anyone’s claims in this case ever and omits the basic fact that he filed the interpleader action in bad faith knowing that Red Rock didn’t have standing to file it, the legal standard for interpleader was not met, and I was the only person with standing to file a claim for the interpleaded proceeds since 6/3/19 before the show trial in the 1st action.
On 7/7/22, Judge Peterson heard Nona Tobin’s 2nd motion to distribute the interpleaded proceeds to her as the sole claimant with interest and penalties, -1½ years after she failed to hear Tobin’s 1st motion and a year after she granted non-party Red Rock LLC’s Tobin to dismiss Tobin’s unheard, unopposed claims of Conversion, Racketeering, and Fraud with prejudice on the grounds of res judicata.
Judge Peterson also heard Tobin’s motion to correct three prior orders to accurately identify the names of the parties and to attach Tobin’s opposition to factual inaccuracies in the orders.
The judge also accepted and granted the rogue motion of non-party Red Rock LLC’s for attorney fees, and granted the improper renewed motion for a vexatious litigant restrictive order against Tobin.
Judge Peterson granted non-party Red Rock LLC’s motion for attorney’s fees, denied Tobin’s unopposed motions.
Judge Peterson told Tobin that nothing Tobin said (in her unopposed proposed order has any merit by misconstruing the 6/30/22 appellate court ruling of the prior action in this dispute where the dismissal with prejudice of Tobin’s 2nd civil claim for these proceeds was affirmed on the grounds of res judicata and privity, bound this court to preclude all Tobin’s claims of Conversion, Fraud, and Racketeering). The court decided Tobin has no claims except for the interpleaded funds, had no right to interest or penalties, and that Steven Scow did nothing wrong by withholding her money for 8+years and because he held it in trust so it was harmless error.