JUDGE RUDDICK’S TRIAL CASE 00-C-4042 B-2 FEBRUARY 18, 19, 20
2002
DAM EAST HOMEOWNER ASSOCIATION V.
CARLA BURNESON
DEFENDANT CARLA BURNESON
THIS IS THE TRIAL TRANSCRIPT AND EXAMPLE OF A JUDGE AND
LICENSED
LAWYER’S BEHAVIOR IN THE AURORA DIVISION OF THE
COURT, 18TH DISTRICT.
BELOW IS A LIST OF PARTICIPATES AND LEGAL ISSUES.
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Ruddick Trial Transcripts
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LEGAL ISSUES
1) Civil suit for legal fees caused by membership
assessments being late.
2) After assessments are brought current legal fees continue
to be assessed.
3) Membership assessments are commingled with legal fees
which are not
approved by the Board of Directors.
Membership payments are credited
to the total amount owed which
includes assessments and legal fees. This
is improper commingling of funds.
None of these legal fee charges were
approved by the Board of Directors.
Legal fees went from $1,300 to $6,000.
4) Judge Ruddick found Defendant didn't owe the claimed $300.00 back assessment.
The Court still awarded $30,000 in legal
fees to the Plaintiff The Dame East HOA when no assessments were
actually owed.
A list of the trial participants is as follows:
2. Dam East Homeowners Association, Plaintiff
Claims to represent the Dam East Homeowners Association
but does not have Board of
Directors approval.
Ex Magistrate,
4. Carla Burneson Defendant Pro Se
5. Timothy Moeller attorney Winzenburg, Leff, Purvis &
Payne LLP. Claims to
represent the Association yet was
never hired by the Board of Directors.
6. President Greg Silva signed a contract to hire a law firm
without
ratification by the board. From
1999 to 2002 the Winzenburg law firm
billed and was paid over $60,000 by
the Association. Individual members
were charged for collection cost of
delinquent assessment which, again was
not authorized by the Board of
Directors.
7. Greg Silva President, believes he has the authority to
sign contracts for
the Association without Board
approval. He has signed contracts with
Winzenburg, Leff, Purvis & Payne LLP and
Patterson, Nuss & Seymour, P.C.
without board resolution and vote
at a public directors board meeting.
8.. Christan
Sowe, Bookkeeper Western States Property Services
Inc. She
books legal fees invoiced against
homeowners. She debits the homeowner
member’s account without Board of
Directors approval. She also signs all
transfer certificates, which are supposed
to be signed only by the treasurer
of the Association.
9. Earl Johnson,
Manager Western States Property Services Inc. Manages
the administrative affairs. Causes
transfer certificates to be signed without
authority so he can collect $100.00
fees which are also not authorized.
Oversees the books to include commingling of assessments
with other
charges also not authorized by the
Board of Directors. Maintains the books
and records for the
Association. He also refuses to permit
homeowner/member inspection of the
Association books.
10. Jake Hummel Esq. current President. His testimony was omitted from the
audiotape of the trial. While on the witness stand Judge Ruddick did
the
cross examination to prevent
Defendant from asking questions of Mr. Hummel.
Lawyers protect lawyers.
11. Finn Larsen Treasurer Association. His testimony was
omitted from the
audiotape of the trial.
11.
audiotape of the trial.
There were over 3 and half hours of Defense witness testimony which
intentionally lost from the
audiotape of the trial. After 5 and half months of Defendant's Motions to deny the Court Records were Complete
Judge Ruddick found the missing audiotapes and allowed transcripts to be added to the court records.
THE TRANSCRIPT CONTAINS MULTIPLE VIOLATIONS OF CANNON 1 AND
PART OF CANNON
3 RULES. THIS WOULD MAKE AN EXCELLENT PROJECT FOR
STUDENTS AT LAW SCHOOLS TO
SEE WHO CAN FIND THE MOST VIOLATIONS BY A JUDGE AND COUNSEL.
Email burnesonj@msn.com