Bar Complaint: Fish & Associates

8/18/2019 Bar Complaint: Fish & Associates

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JOSEPH LEWIS AGUIRREP.O. Box 154 Trabuco Canyon 92678 Tel: 949-NEW-WEBO

The CotoBuzz Journal

http://www.cotobuzz.com

Re: Formal Bar Complaint Against Mei Tsang and Joseph Andolin Page 1

March 8, 2014

Office of the Chief Trial Counsel/IntakeState Bar of California1149 South Hill StreetLos Angeles, California 90015-2299

CC. The Orange County Sheriff’s Department The Orange County District Attorney’s OfficeThe CotoBuzz JournalFish & Associates

Re: Formal Bar Complaint Against Fish & Associates, Mei Tsang #237959 and Joseph A. Andel in #274105

Dear Chief Trial Counsel, California Bar:

This is my formal Bar complaint against the law firm Fish & Associates, California-licensedattorneys Mei Tseng and Joseph A. Andelin, who as legal representatives for the CZ Master

Association board of directors composed of Robert Varo, Xochitl Yocham, Phillip Mitchell RobertCurran and Lyle Schielder (the Association”) enable the Association to engage with impunity inquestionable practices such as the ones listed below:

I am 20+-year resident in the common interest development managed by the, and publisher ofthe CotoBuzz Journal, a journal of general circulation and ardent critic of the Association’s boardof directors under Mr. Varo’s watch..

Some of the questionable practices include:

Harassment

Abuse of power Depraved Indifference Extortion Activity deemed a crime in violation of Corporations Code §7231.5 & Sarbanes Oxly Act

(SOX) 18 USC Section 1519 – See Exhibit G Censorship - Strategic lawsuit against public participation (SLAPP) Possible violation of the RICO Act Claiming in word and deed that the Association is beyond the jurisdiction of local, state

and federal law. Violations of IRS 990 regulations

Support for this argument includes complaints filed by Joseph Morabito, William Kirkendale,Edward Caruso and other residents of the CZ Master Association These complaints include

California Bar Complaints, Complaints to the California Attorney General, Complaints tonumerous California government entities and more than 300,000 pieces published in theCotoBuzz Journal (www.cotobuzz.com)

The CotoBuzz Journal is a digital newspaper focused on public safety, education, elder abuse,politics and common interest development (HOA/CID) published as a public service. TheCotobuzz Journal’s regular contributors include Los Angeles Times columnist and Author Donnie

Vanitizian, HOA advocate George K Starpoli, Christs Street, Michel& Associates, P.C. Education Activist Larry Sand and Education activist Dr. Bill Evers, an advisor to Presidential Candidate MittRomney.

http://www.cotobuzz.com/http://www.cotobuzz.com/http://www.cotobuzz.com/http://www.cotobuzz.com/http://www.cotobuzz.com/http://www.cotobuzz.com/http://www.cotobuzz.com/


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Motive:The motive is simple: A personal vendetta by Mr. Robert Varo, who as a member of the CZMaster Association board of directors, together with his associates have ruled the association

with an iron fist and have terrorized the community for more than a decade, and because of theirdepraved indifference, three preventable, traffic fatalities have occurred, the last one, just thisJanuary 31, 2014! Refer to open letter to the Association requesting the director’s resignation,titled 3rd traffic death in Coto de Caza in thi s board's w atch – Time for CZ Board ofDirectors to step down : http://cotobuzz.blogspot.com/2014/02/3rd-traffic-death-in-coto-de-caza-in.html

Mr. Varo took control of the association over ten years ago and transformed it from a bucolic,peaceful, community to the most litigious homeowners association in Southern California with theworse public safety record of similar communities and who has not hesitated to use legalresources funded by the associations’ own residents to silence them. Refer to Exhib it F TheCZ Master Association the most litigious HOA in Southern California

The Association’s Depraved Indifference One week before my next door, then 15-year old neighbor Rhyanna Woolsey, was involved in afatal traffic accident two miles from my home, I begged Mr. Varo, the California Attorney General,Keystone Pacific’s Carey Treff, the association’s property manager and anyone who would li sten,to take immediate action due to a high incidence of traffic accidents directly associated with Mr.Varo’s firing of the California Highway Patrol (CHP) – I did not even get a response.

Three months later, 75 year old Morteza Manian was killed by a teen driver, 1.5 miles from myhouse. Finally, I drove local public opinion against the beheaded decision to fire the CHP, andthe Association was coerced into rehiring the CHP shortly thereafter.

A few months later, the CHP patrol hours were significantly reduced with a predictable increasein traffic accidents. Again, I raised my concerns, which went unheeded with yet a third fatality.

Refer to Exhibit E – Depraved Indifference – Traffic fatalities as a funct ion of t ime spend onproactive traffic patrol. To be clear, this is not a money issue. Mr. Varo has publiclyexpressed his disgust for law and order and his dislike for CHP management, which he called inan open public meeting, extortionists. While the Association spends roughly $100,000 per yearfor proactive CHP patrol, it spends close to $1.5 million dollars in a a private security companyused as a glorified meter maid and as personal courier by the Associations directors.

In addition to Mr. Varo’s personal disdain for law and order, director Xochtil Yocham called aseptuagenarian resident a neglected child, and another with a disabled daughter an oldmisogynist. Just standard operating procedure

Associations Abuse of Power – Refer to EXHIBIT H – Abuse of Power- Mr. Kirkendale’sDraft Candidacy StatementIn addition to all the threatening legal letters I have received from the Association over the last tenyears, Mr. Varo and his associates have transformed the Coto de Caza community into their ownprivate fiefdom. While by statue, the association is required to repair, replace and maintain, it isnow using 1/3 of the yearly budget, to subsidize Mr. Varo’s friends, while punishing those whodare to criticize their lack of concern for the rule of law and fiscal irresponsibility. Directors havethreatened to withhold services if they complain to the press, including the CotoBuzz Journal.

http://www.cotobuzz.com/http://www.cotobuzz.com/http://www.cotobuzz.com/


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Other violations by the AssociationOther violations include the CZ Master Association’s disdain for the IRS Form 990 Regulation,California’s SB61 and 1560 requiring direct elections, criminal violations of Sarbanes-Oxley Act,Violations of California Law anent Oak tree removal, routine violations of California Civil Code

sections 1365 and continued mockery of the USPTO Trademark Process

Under Mr. Varo’s management, the association is the most litigious association in SouthernCalifornia – See Exhibit F

Specifi c Complaints against Fish & Associates, Mei Tsang and Joseph A. Andelin

Rule 1-120. Assist ing, Solici ting, or Induc ing Violations

In a threatening letter dated February 28, 2014 Mei Tsang asserts that “our client has expended agreat deal of time and money to build up considerable recognition and goodwill in its trademark”which includes a CZ logo having Registration Number 4,413,608… ” It also references an Exhibit

A. There are many problems with the statement: Refer to Exhibit A – Letter from Mei Tsang

A. For months, I have been invoicing the association for trademark infringement. Not only hasthe Association refused to pay, it also has never been able to produce any evidence that it ownsany trademarks. Refer to Exhibit B – Intent to File Small Claims Regarding Refusal to Pay LateInvoices

B. A search for “CZ Logo” Registration number, in the US Trademark and Patent Office’sTrademark Electronic Search System (TESS, as described in Ms. Tseng’s letter, returns thefollowing : “No TESS records were found to match the criteria of your query” Likewise for the registration 4,413,608

C. Since the letter does not include the referenced Exhibit A, and the registration number is notfound in TESS, I assume that Mei Tsang refers to the CotoBuzz Journal mark 3,259,879 which I

properly registered with the USPTO – Refer to Exhibit C – The CotoBuzz Journal’s Logo, properlyregistered with the USPTO

D. The only time and money the association has spent pertaining to trademarks is the legal feesbuying intellectually dishonest legal counsel to exhort my properly registered trademarks. Forexample, I followed the USPTO process to properly register mark 3,243,122. The Coto de CazaGolf Club, a for profit organization, among others, is using a similar mark, however the

Association, a non-profit organization that by statue is supposed to focus on repair, maintain andreplace, only uses legal resources to sabotage my properly registered intellectual property, yetdoes not lift a finger against the use of a similar mark by the Coto de Caza Golf Club and other forprofit organizations. Refer to Exhibit D – Properly registered Mark CotoLifeStyle 3,243,122.The Association has certainly failed to produce documentation over the last ten years tosubstantiate it has properly registered intellectual property.

Argu ing that the Association is beyond local, state and federal ju risd ic tion

In addition to numerous state, local and federal law regulations by the Association, Mr. Andlin, onthe Association’s behalf, mocks the USPTO trademark process first by stating that the so-calledCZ logo is owned by the Association. The USPTO trademark Certificate of Registration is clear:“The registration shall remain in force for then years, unless terminated earlier as provided by lawand subject to compliance with the provisions of Section 8 of the Trademark Act of 1946, asamended.” - While I firmly believe I have followed the USPTO registration process for all of my

trademarks, Mr. Varo and his associates have had a chance to challenge the USPTO process



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from the day I started the registration process, but have failed to do so. Instead it has usedsignificant legal resources, including Southern California law firms Knobbe Martens Olsoen &Bear, Cane Walker & Harkins LLP, Fish & Associates and attorneys Steve Zipperman, JamesHarkins, Diane Reed, Joseph Andelin and Mei Tsang for example in an attempt to intimidate me

into submission.

In fact, on or about March March 21, 2007, Mr, Varo and his associates worked with OrangeCounty Register reporter Mark Eades ([email protected]) to turn public opinion against myregistration of the ,386 Mark but also DOVE CANYON(3,181,975) COTO DE CAZA (3,137,363)RANCHO SANTA MARGARITA (3,072,319) and others. Refer to Article published Wednesday21, 2007 titled Coto resident trademarks local communi ty names. – The article was activelypushed nationally by Mr. Eades and the Orange County Register. Another example of Mr. Varoand associations trying to make a mockery of the USPTO trademark process.

While I will remove the properly registered The CotoBuzz Journal trademark from thecotobuzz.com website without prejudice, as Mei Tsang has demanded in the letter in Exhibit A,should the Bar decide not to proceed with sanctions, I reserve the right to pursue other avenues

to make Fish and Associates, Joseph Andolin, Mei Tsang and the Association, accountable.

Please note that I am planning to publish this letter, along with the Bar’s response, in theCotoBuzz Journal.

Let me know if you need additional information as I am looking forward to hearing from you atyour earliest convenience.

Joseph Lewis Aguirre

Publisher, The CotoBuzz Journalhttp://www.cotobuzz.com Email” [email protected]

http://www.cotobuzz.com/http://www.cotobuzz.com/mailto:[email protected]:[email protected]:[email protected]://www.cotobuzz.com/http://www.cotobuzz.com/mailto:[email protected]:[email protected]:[email protected]://www.cotobuzz.com/mailto:[email protected]://www.cotobuzz.com/


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Exhibit A – Letter from Mei Tsang –



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Appendix A – Letter from Mei Tsang – Continued



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Exhibit B – Intent to File Small Claims Regarding Refusal to Pay Late Invoices



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Exhibit C – the CotoBuzz Journal’s Logo, properly registered with the USPTO



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Exhibit D – Properly registered Mark CotoLifeStyle 3,243,122 and use of s imil ar mark by forprofi t organization, Coto de Caza Golf Club.



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Exhibit E – Depraved Indif ference – Traffic fatalities as a function of t ime spend onproactive traffic patrol.



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EXHIBIT F – The CZ Master Association the most lit igious HOA in Southern Californ ia

Consider that Since 2007, the CZ board Master Association board has filed 165 cases with theOrange County Small Claims Court, while the much larger SAMLARC has filed zero complaints,the Dove Canyon association has filed 15 cases filed for the same period and five for LaderaRanch. SAMLARC comprises roughly 13,000 units and maintains most streetscapes, medians,parks and trails within the community. Dove Canyon is a private residential community located ineastern Rancho Santa Margarita with approximately 1,200 homes and 5,000 residents. The CZMaster Association consists of approximately 3,400 homes.

Clearly, there is something wrong, and Mr. Varo is at the center.For additional details, refer to: http://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.html

For additional details, refer to: http://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.html

http://www.cotobuzz.com/http://www.cotobuzz.com/http://www.samlarc.org/http://www.samlarc.org/http://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.htmlhttp://www.samlarc.org/http://www.cotobuzz.com/


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EXHIBIT G – Fabricating EvidenceMarch 4, 2007

VIA POST AND EMAIL

Wendy PetersonKMOB2040 Main Street, 14th FloorIrvine, CA 92614

Mrs. Peterson:

FYR:

I trust KMOB did not participate with the CZ Master Board of directors in theirintent to acquire my intellectual property under false pretenses, and it was mostlyan issue of incompetence on KMOB's part.

Regards

Sincerely




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James Harkins, IV - [email protected], Walker & Harkins LLP

17821 East Seventeenth Street, Suite 140Tustin, CA 92780

c.c. CZ Master Association BOD: Szipperman; Xochitl Yocham; [email protected];[email protected]; Ctref@Keystonepacific. Com

c.c. Cary TreffCtref@Keystonepacific. ComKeystone Pacific

29883 Santa Margarita Parkway, Suite 600Rancho Santa Margarita, CA 92688

Infringement upon @WEBO’s Intellectual Property by the CZ Association

Given the board’s vicious and ethically challenged attempt at getting control of my properlyacquired intellectual property, you and the board are hereby placed on notice the CZ Master Association does not have permission to use any of my intellectual property, including anycopyrighted material and uncancelled, unrevoked federally registered trademarks. Had the

association’s motives been noble in this latest attack, a good faith approach would havebeen to establish a dialogue – after all, an attorney who sits on the board of directors

is within shouting distance from me!

Therefore, I expect that by March 15, 2007 the CZ Master Association will take the

necessary steps to assure that the community is not infringing upon my intellectual propertyrights.

This specifically includes:

Mezger’s use of the mark Coto de Caza®, as well as the use of any and all my trademarksused by service providers, such as UPS, Keystone and GateWorks, for instance.

The use on any and all of my intellectual property as used by CotoVoice and the TrabucoCanyon News

The use of any sales collateral used by any real estate agent operating in the community

I will also hold the board of directors responsible collectively and individually for any infringement,interference with any and all my intellectual property interests and further attempts at intimidation.

I expect to hear from you no later than March 7, 2007, otherwise I can only assume that the boardis not inclined to respect my intellectual property and will proceed accordingly.

Sincerely




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EXHIBIT H – Abuse of Power- Mr. Kirkendale’s Draft Candidacy Statement

To: CZ Master board:

March 6, 2014

Re: My Candidacy and qualifications to be a candidate for the association board ofdirectors.

Ladies and Gentlemen:

You folks are well acquainted with me as a result of a number of arguments and disputeswe've had over the years about how you treat residents who disagree with you. One of youeven referred to me one time as "An old misogynist" .....meaning old woman hater.

Now aside from those kinds of uncalled for remarks I have had a good relationship withseveral of your employees who have always treated me with kindest and respect. This

notwithstanding the fact that your rude and arrogant association lawyer constantly threatensand abuses me for his own warped and misguided reasons. The fact is he doesn't like meand I don't like him. I am willing to bury the hatchet; however, for the best interests of theassociation if he would agree to cease all his abuse and harassment.

My strengths are 50 years in the insurance and banking business that I could bring to themanagement of association issues.

I am also a resident of Coto and member of the Coto Golf & Racquet Club. Additionally I amalso a fund raiser for the Shea Therapeutic riding center and United Cerebral Palsy.

I look forward to meeting with you.

Bill Kirkendale31345 Summerhill Ct.CDC949-981-5400

Bar Complaint: Fish & Associates

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