Saturday, March 7, 2015

The Grace Foundation Horse Rescue Accused of No Proper Non Profit Governance, Now Evicted from Ranch

According to documents filed in Los Angeles County in the case involving the Grace Foundation El Dorado Hills,  and several banks (Wells Fargo,Bk of America plus Lassen County)--  the attorneys for the banks or the former bank attorney who was sued by The Grace Fdn,  claim that  CEO Beth DeCaprio did not have a proper Board of directors set up, and that she was the ONLY director.

Thus, it alleged that her lawsuit was essentially for HER and not the non profit.  However the case was supposedly starting trial on 7/28/14,but Grace dropped the case and never went to trial; a bench warrant was issued against the CEO and eventually, our understanding is that the case was dismissed with prejudice. [Our sources also indicate that prior, back in Lassen County, Grace was offered up to $800,000 to go away, we have no idea on what terms, but Grace refused the offer. That had to have been before the trial in Los Angeles was set up.]  

After that, apparently Grace's problems grew, and she and her non profit were evicted from the ranch in El Dorado County. The bank attorney used Twitter to claim many facts (bad facts it appears) about Grace/the non profit. Grace admitted the non profit was under investigation, and bank attorney later claimed the CEO (Ms. De Caprio)-- was siphoning off donation funds to herself--because CEO De Caprio says, she was owed $$ that she had previously loaned to the non profit. To be quite frank, the CEO used the horses taken in the seizure, to gain donations from the public. 

Recently, El Dorado County held a post seizure hearing, since Grace still had some of the seized horses; and although both original owners from Lassen responded, neither of them could afford the bail out costs, and the ranch owner is still not allowed to have animals as Lassen has kept his purported "abuse" case open and has so far purposely delayed the trial (likely creating a failure to have a speedy trial after almost 4yr); the People have no decent witnesses, no experts; but they would likely put up fake ones if they had to, however, the key witness, the Grace Foundation vet, has already declared they would have to arrest him to try and force him to testify, and we doubt the CEO from Grace would testify for Lassen after the debacle from Los Angeles;the case has gone from sensation to nothing but corruption exposed on part of bank or banks, and the bank attorney Timothy M. Ryan of Irvine who was working on the case, and with The Grace Foundation. 

There is still a viable malpractice claim on Ryan by Grace if she hasn't fumbled it, as Ryan was actually representing Grace in 2011, a direct conflict of interest. Additionally, Ryan sued Grace for defamation/trade libel and we believe he actually won. The truth of what the Ryan firm actually did, has already been stated in the bankruptcy case; and currently, the third District court of Appeals held that ranch owner's appeal could not be decided by the Court because the purported action supposedly involved an interlocutory issue. One of the questions is whether the ruling on the "summary adjudication" by Ryan, leading to an order or judgment in state court, on issue of how much land (rancher's raw land) became the bank's land is questionable, since the bank appears to have an order that they ended up with a reformed deed of trust over land which they not only never owned, but which had no lien on it at all. Their equitable lien, if any, would have to be a money judgment specified with a specific amount, which they never got. One can see this is complicated, at least to anyone who is not a bank or real estate practitioner.

Bank tried to sell the property with notice of liens and then withdrew the sale. Due to improper survey, the improvements were actually on the rancher's land, and not on a separate parcel area. Because rancher refused to sign what the bank tried to force him to sign (we cannot recall what the document was) this case then became a huge nightmare; ranch owner agreed to "turnover" in bankruptcy court against his attorney's advice, and the bank attorney worked with Grace to oust the owner by getting horses seized and booting owner and using a fake  Receiver.... 4 years later,  a different Judge allowed rancher back onto the land and now bank or banks are trying to get a ruling on clarifying what last Judge said, when Judge said the Receivership was not done properly. 

Hell, the Receiver was completely illegal, because Ryan was the Receiver, and acted for the Receiver at nearly all times. There are many words for what that could be called and none of them are pretty. Because we only state the truth, Ryan can claim whatever he wants, but we actually KNOW documents were taken out of the Superior Court files, switched, re-written, and handed to Judge who rubber stamped it all. That Judge later recused himself.  Two court clerks were fired. Likely the wrong clerks, we believe the bad clerk is still there.   

Knowing how slow the AG works, it is not likely the CEO would get into huge trouble from past cases we have seen. It is the CEO and Bd of Director's fault that the non profit suffered though, because CEO acted improperly in not putting decisions before the Board--and then apparently CEO used bank attorney to help seize animals improperly. Of course CEO claims it was not her fault. Partly true, as the bank attorney's receiver was at fault, as was Lassen County for allowing it to happen. So bank attorney is at at fault as well, since he acted as the Receiver, the physical Receiver was just a figurehead.  Justice can only be seved when bank attorney is forced to face the improper actions he took, and eventually, that day should come.








  





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