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Lassen Municipal Utility District files S.L.A.P.P. action against Kan We Help

Kan We Help is allowed, as any litigant, to exhaust all remedies. This does not constitute a vexatious litigant. If it was, every attorney would be on the list as VEXATIOUS LITIGANTS.

[Often attorney's file the same Demurer two or three times after the court has denied them. No actions are taken against the attorney]

A hearing was held , on August 12, 2010, to hear LMUD's SLAPP motion against Kan We Help.

LMUD's attorney, Chittock testified, in court, that he had included 9 motions filed by Kan We Help. Mr. Chittocks exhibits actually included only 1 LMUD submission, 3 Court rulings, 1 KWH motion and 4 separate and different motions by Eileen Spencer relating to her case against Jim Forbes and John Zenith.

THIS MOTION DID NOT RISE TO THE LEVEL OF A VEXATIOUS LITIGANT, BUT JUDGE BRADLEY HAD A HORSE IN THE RACE.

Mr. Chittock told the court that he was approached by the LMUD Board to file this action. The May 25, 2010 LMUD minutes do not reflect that statement to be true. The LMUD Board took no action on Mr. Chittock's recommendation at their May 25, 2010 meeting.

Mr. Chittock pathetically and shamefully portrayed LMUD, to the court, as a poor abused public utility. In fact, this action was taken to prevent any intervention in the Hayden Hill Scam

Mr. Chittock gave the LMUD Board false information about Kan We Help's activity. Kan We Help has filed one lawsuit to obtain the bogus "Arrowrock" documents. LMUD has filed more motions during the last eight (8) years in regards to this lawsuit than Kan We Help and yet Mr. Chittock presents a report to the LMUD Board based on untrue statements.

Strategic Lawsuit Against Public Participation actions typically are to scare the public.

LMUD's Board and General Counsel Chittock only want the public to succumb to fear and intimidation with the threat of legal costs . [LMUD minutes state that Chittock urged the LMUD Board to take this action....$$$$$$$$$$$$$ yet Chittock testified that the LMUD Board came to him]

IRONY: LASSEN COUNTY SUPERIOR COURT PROVIDES EXTENSIVE SERVICES FOR THOSE THAT WISH TO REPRESENT THEMSELVES?

A SLAPP lawsuit is often preceded by a legal threat such as LMUD's attempt to declare a person a "vexatious litigant". This tactic is used normally by abusive public entities that fear their activity will be further exposed if the public is not silenced. This applies to people that are not represented by an attorney and would then be forced to pay mounting legal costs.

LMUD wants to force everyone to get an attorney so as to discourage anyone from filing anything against them. This violates a constitutional right to represent yourself. In Small Claims court you are not even permitted to have an attorney present.

LMUD attempted a SLAPP lawsuit in March of 2003 after Kan We Help exposed the phony Arrowrock Hydro project. Wayne Langston changed the LMUD agenda so that the public could no longer speak on each Agenda item (Brown Act allows public comment on all posted agenda items and allows for non-agenda items to be addressed by the public in the "Public Comment" portion of an open meeting).

Wayne Langston and Frank Cady added "INFORMATION" in front of the Agenda items and then told the public that they could not speak on those items. The public was outraged and so Langston and Cady announced that they had filed a lawsuit, a SLAPP lawsuit to silence the critics.

Complaints were filed with Cady's former business partner Judge Stephen Bradley (Bradbury suddenly retired after the Cady v Jones lawsuit in October 2009) but no sanctions were issued against attorney Frank Cady. In fact Judge Bradbury has always ignored Frank Cady's unethical behavior ? Could Bradbury or Frank Cady have influenced Chittock to file this latest LMUD "idiot" action?

Motions are the bread and butter of attorneys

..........how many attorneys are declared "vexatious litigants"?

Wayne Langston, Fred Nagel, Nancy Cardenas, Darrell Wood and George Sargent knew about the Frank Cady/Jaimee Jones conspiracy in 2005. Federal and State laws were broken.

In May of 2005, the LMUD Board members (above) voted to hire Frank Cady, LMUD's attorney, to be the General Manager and keep Cady's law partner, Jaimee Jones, as their attorney. The one problem, a huge CONFLICT OF INTEREST.

FRANK CADY AND JAIMEE RICHEY LIED TO GET PUBLIC CONTRACTS and the LMUD Board knew it

Cardenas, a County Department of the Treasurer employee, testified at the Cady v Jones trial in October of 2009, that she knew of the lies in 2005 and did nothing, absolutely nothing ? Was she an accessory to the crime?

On September 1, 2005, Kan We Help sent a letter of complaint to the 2005 LMUD Board:

Judge Bradbury puts Jaimee Richey on the Grand Jury The LMUD complaint was buried by Judge Bradbury

"The evidence will clearly demonstrate that the contracts were created for an illegal purpose i.e. to allow Cady to conceal that he had a financial interest in the fees which his employer, LMUD was to pay to Jones as General Counsel for LMUD"

These are Federal Laws that have been violated

Cady and Jones set up a "straw entity", in Jones name, so that it would appear that he had sold the property to Jaimee Jones . U.S. Magistrate Craig Kellison then deeded his ownership (1/3) of 60 S. Lassen Street to Cady after the phony sale to Jaimee Jones. Judge Bradbury's interest was concealed until he was paid off in January of 2006.

LMUD attorney, Chittock urges LMUD Board to file a lawsuit against KWH........for what......oh yes, "Vexatious Litigation"

..........In 2002, Kan We Help filed 1 *Writ of Mandate for the Arrowrock Scam

*LMUD continues to file useless motions (reason: greedy attorneys) and has, in the past 8 years, cost hundreds of thousands of dollars.......all to collect a few thousand dollars.....vexatious, stupid or Langston/Nagel vindictiveness? Hey, it wasn't their money, it was yours.

Since 2002, LMUD has paid out over a MILLION DOLLARS for their bad behavior.

Steve Trevino, Evelyn Twitchell, Frank Cady, Connie Devlyne, Paul Glau, Hazardous Waste Fraud, Phony energy projects (Invenergy, UAMPS, Arrowrock Hydro Plant, Project 500, Non-existent Generation projects).... to mention just a few.

In 2003, Frank Cady threatened a lawsuit against KWH to prevent the public from attending their meetings.

Langston marked agenda items "Information" and told the public that they cannot comment on those agenda items

Chittock Refines Cady's old practices. The LMUD Board must be in 7th Heaven.

1. Chittock instructs Mr. Gartner to illegally open a "court sealed" envelope to get copies

2. Chittock extorts $7500 from Cal Sierra Title for satisfaction of the KWH Abstract of Judgment

3. KWH has filed many Brown Act Violations, in the past 8 years, forcing LMUD to try and act "legally".

5. Chittock advises LMUD Board members Nagel and Langston to lie about their knowledge of the Cady/Jones Fraud.

6. Chittock, Judge Bradbury and Judge Darlington conspire to extort money and then try and hide their actions by SWIFTLY "vacating the ruling"

expose LMUD's corrupt practices. Has the LMUD Board considered the testimony from witnesses?

LMUD was allowed to spend hundreds of thousands of dollars hiding the Arrowrock Scam and they want to blame Kan We Help