Friday, April 22, 2016

Further Update on Litigation to Declare March 17, 2016 "Special Meeting" Invalid

The Bel-Air Association's lawsuit is scheduled for a status conference on Tuesday, April 26, 2016. The Alliance continues its attempts to delay a judicial resolution.
 
Dear Bel-Air Association Members and Community,

As I previously reported, our Secretary and General Counsel (and board member) Bruce Kuyper brought our current lawsuit (on April 5) to invalidate the Alliance’s unauthorized March 17 “special meeting” in the name of the Bel-Air Association, which violated the California Corporations Code and our bylaws.

The Alliance’s CEO Fred Rosen and his cohorts (including Courier Publisher Marcia Hobbs, Dan Love, Jamie Meyer and other Alliance members) have of course done everything possible to delay a judge from hearing and deciding this issue, even though the California Corporations Code requires that a hearing be set within 5 days of the filing of the lawsuit. When the first assigned judge set a hearing on April 15, in accordance with the Corporations Code, their attorney immediately accused the judge of prejudice and exercised a peremptory challenge. The next assigned judge set a hearing for May 12, over their objections and further attempts to delay a hearing indefinitely. Then, last Friday, the judge assigned to our first lawsuit acted on the notice of related case that we’d originally filed with the lawsuit on April 5, sending the case to that judge. That judge has now set a status conference for this Tuesday, April 26.
 
We continue to be barraged by brazen missives containing blatant misstatements and unfounded threats that Alliance members send to the Bel-Air Association’s board members. The following is what Fred Rosen himself sent to an Executive Committee member Tuesday evening:  


"Just keeping you informed--and this note is just between us--unless you decide to circulate it. In my opinion, you have been a total asshole to our community--as a matter of fact, I think that you have had your head so far up your ass you haven't smelled fresh air in years. You have dumped on the community and its [sic] about to be reciprocal. We all have nothing but contempt for you. Putting your wife in harms [sic] way shows me what a truly miserable human being you are. Books and records need to be returned--or there will be consequences.

"Heard you have been complaining that Dan has been on tough you--to be candid---its [sic] only what you deserve. Enjoy the evening. You can stay above the fray--but the fray won't stay above you!!

"Fred"



This of course is NOT the way that anyone in the Bel-Air Community should behave, let alone purport to lead.

Despite the Alliance’s continuing attempts to delay a judge from conducting a hearing in our lawsuit, we remain confident that the court will make a relatively quick decision in our favor. We also remain confident that the court will then hold these Alliance members accountable for their wrongful actions.

As always, we thank you for your support.

Sincerely,

Ron Hudson
Your Bel-Air Association President

Friday, April 8, 2016

Bel-Air Association Update on Litigation to Declare March 17, 2016 "Special Meeting" Invalid

Dear Bel-Air Association Members and Community,

I would like to update everyone on the situation regarding the invalid March 17, 2016 “special meeting” and the subsequent unauthorized takeover of our office and bank accounts.

As we have previously communicated, the Bel-Air Association and I filed a lawsuit seeking an injunction against those who organized the March 17 meeting (members of the Alliance) and participated in the takeover of the Association’s office and bank accounts. After an unexpected judge reassignment in that case, we determined that it was better to pursue a new lawsuit targeting just the improper “special meeting” and those claiming to have been elected as a new board of directors.

Accordingly, one of the Association’s directors (Bruce Kuyper, our Secretary and General Counsel) filed a new lawsuit in accordance with a specific provision of the California Corporations Code for challenging improper director elections. We therefore voluntarily dismissed the first lawsuit in favor of the second lawsuit, filed on Tuesday. (We could still bring the same first lawsuit again.) We believe that the new lawsuit is the most advantageous form to get us a rapid court determination of the issues because the Los Angeles Superior Court assigns a few specific, specialized judges to corporate election challenges like this one.

We welcome anyone who is interested to review the new lawsuit’s complaint, which is available at https://www.dropbox.com/s/dy4qyejgwamsmeq/Complaint.pdf?dl=0. The complaint details the wrongful conduct of the 9 people incorrectly claiming to have been “elected” to replace the Association’s 25 directors.

We know that the situation has been complicated by the incessant communications of the alleged “new” organization. We therefore invite you to read the complaint to understand that your Bel-Air Association directors are standing firm to protect your rights against those who seek power through the unauthorized and undemocratic March 17, 2016 “special meeting”, in violation of the California Corporations Code and the Association’s bylaws.

We anticipate that the court will make a relatively quick decision in our favor and are confident that a court will ultimately hold those responsible accountable for their wrongful actions.

We again thank you for your support.

Sincerely,

Ron Hudson
Your Bel-Air Association President


P.S. Please follow us on Twitter at https://twitter.com/belairassn.

Thursday, April 7, 2016

Traffic Advisory for Presidential Visit: April 7th & 8th, 2016


TRAFFIC ALERT
Traffic Advisory for Presidential Visit
President Barack Obama will be in Los Angeles April 7 through April 8, 2016 
and the Los Angeles Police Department has released the following traffic advisory 
which has been approved by the United States Secret Service,
and which may always be subject to change: 
      
In an effort to assist the public in avoiding possible traffic congestion 
during the visit of the President of the United States, April 7 & 8, 2016,
the following areas of the City should be avoided when possible
 to prevent travel delays for community members:

Thursday, April 7, 2016
The area around S. Centinela Avenue between Ocean Park Boulevard & W. Pico Boulevard
7:15p.m. – 8:15p.m.
The area around Sunset Boulevard between S. Sepulveda Boulevard & S. Beverly Glen Boulevard  
7:15p.m. – 8:30p.m.
The area around St. Pierre Road and St. Cloud Road between Bel Air Road & N. Beverly Glen Boulevard 
7:30p.m. – 9:45p.m.
The area around Sunset Boulevard between S. Beverly Glen Boulevard & Royce Drive
9:00p.m. - 10:30p.m.
The area around Hilgard Avenue between Sunset Boulevard & Weyburn Avenue
9:00p.m. – 10:30p.m.
The area around Tiverton Avenue between Le Conte Avenue & Weyburn Avenue
9:00p.m. – 10:30p.m.

Friday, April 8, 2016

The area around Hilgard Avenue between Weyburn Avenue & Sunset Boulevard
9:30a.m. – 11:00a.m.
The area around Sunset Boulevard between Loring Avenue west to Burlingame Avenue
9:30a.m. – 11:00a.m.
The area around Bristol Avenue between Sunset Boulevard & Westboro Street
9:30a.m. – 11:00a.m.
The area around N. Cliffwood Avenue between Westboro Street & Highwood Street
10:30a.m. – 12:00p.m.
The area around Sunset Boulevard between Bristol Avenue & N. Sepulveda Boulevard
11:30a.m. – 12:30p.m.
The area around S. Centinela Avenue between Ocean Park Boulevard & W. Pico Boulevard
11:30a.m. – 12:30p.m.

**HARD CLOSURES (no bus routes impacted by the hard closures)**

St Cloud Road - closed April 7 from 7:00p.m. – 10:00p.m.
Hilgard Avenue – street will be closed April 7 at 4:00p.m. and will re-open on April 8 at 1:00p.m.
Malcolm Avenue – street will be closed April 7 at 7:00p.m. and will re-open on April 8 at 1:00p.m.
Cliffwood Avenue – closed April 8 from 10:30a.m. – 12:30p.m.

Sunday, March 27, 2016

DON'T BE FOOLED! Alliance Members Have Not Legally Taken Over the Bel-Air Association.


DON’T BE FOOLED!

The Bel-Air Association’s existing 25 directors remain in office.

·      Unauthorized Meeting by the AllianceThe “meeting” conducted on March 17 by members of the Bel Air Homeowners Alliance was not an authorized meeting of the Bel-Air Association. It was a sham “meeting” that has no effect on the Association.

·      Break-In of BAA OfficeImmediately after their “meeting”, Alliance members (including Fred Rosen, Marcia Hobbs (Publisher of the Beverly Hills Courier) and Dan Love) broke into the Bel-Air Association’s office at 100 Bel Air Road. They changed the lock and posted three 24-hour security guards hired by Fred Rosen. The Alliance members acted without notice and were uncivil.

·      Taking/Freezing of BAA Bank AccountsThe next morning, Alliance members went to the Association’s two banks and creatively convinced a bank manager at one bank to allow them to withdraw all of the funds from the Association’s accounts. The other bank froze the Association’s account.

·      Alliance Members Would Not Participate in a Fair ElectionFor at least 2 years, the Alliance’s board members have been trying to convince the community that they should be in control of the Bel-Air Community. Before the Alliance members scheduled their unauthorized “meeting”, the Association had already scheduled an authorized, fair Annual Meeting election for 9 of the Association’s incumbent directors and 9 of the Alliance’s nominees. It must have become obvious to the Alliance that they could not succeed at that fair election, so they decided to take their self-help action of holding their own unauthorized “meeting”, breaking into the office and taking the Association’s bank accounts.

·      Necessary Court ActionOur lawyers have recently filed a lawsuit against these unauthorized actions. We anticipate that a Court will soon rule in our favor to confirm the rightful current directors and force the Alliance members to return the office and funds to the Association.

·      The Association’s Directors Continue to WorkRegardless of whether you are an Association member, your legitimate Association directors are currently working to protect the Bel-Air Association. You may disregard any communications from the Alliance members.

I can be reached at president@belaironline.org.

Thank you for your support.

Sincerely,

Ron Hudson
President of the Bel Air Association

Thursday, March 17, 2016

REMINDER: Tonight’s Meeting at the Bel-Air Country Club Is UNAUTHORIZED and Is NOT A MEETING OF THE BEL-AIR ASSOCIATION

Dear Bel-Air Association Members,

You may be received additional information by mail yesterday, or you may have otherwise been contacted, regarding the so-called “Special Meeting” to be held tonight, Thursday, March 17, 2016.

As a reminder, tonight’s meeting is NOT a meeting of the Bel-Air Association.

Regrettably, the few individuals who recently joined the Bel-Air Association and then organized this meeting for themselves are deceiving some Bel-Air Association members into believing that it is an official meeting of the Bel-Air Association. 

Nothing could be further from the truth.

These individuals (and the attorneys that one of them has hired) have intentionally misread the right to call for a special meeting as a right to conduct the meeting. 

These individuals have also intentionally ignored the California Corporations Code, which provides for the Bel-Air Association to set the meeting and send out a notice within 20 days of the request, which we did with their first request of February 12, 2016. 

Their meeting tonight is a different request that was never presented to us and violates this and many other aspects of the California Corporations Code.

This is why any actions purportedly taken at tonight meeting will have NO effect whatsoever on the day-to-day operations, policies, programs, bylaws or directors of The Bel-Air Association.

When The Bel-Air Association holds meetings, we notify our members with the meeting date, time, and location, in addition to the purpose of the meeting, all in accordance with our bylaws and the California Corporations Code.

Thank you once again for your attention to this matter. 

We want to be sure that all the information our members receive about The Bel-Air Association is genuine, substantive and truthful.

Please feel free to contact us if you have any questions.

Sincerely,
Ron Hudson
Your Bel-Air Association President


Wednesday, March 16, 2016

Bel-Air Association's Communications with Organizers of Unauthorized and Invalid March 17, 2016 Meeting

Dear Bel-Air Association Members:

Below is an important communication sent from President Ron Hudson in response to an email received from Fred Rosen regarding the Unauthorized "Special Meeting" tomorrow.

Fred:

No matter how much you wish that your March 17, 2016 meeting would be valid, the facts and the law are clear that if the meeting takes place in the manner that you and your cohorts have described, it is not a meeting of the Bel-Air Association. Accordingly, we would assume that anyone who attends such a meeting or gives a proxy and is not made aware of the circumstances that the meeting is not an authorized Bel-Air Association meeting may have a valid claim for damages against anyone involved in arranging the meeting and anyone who takes action pursuant to voting, etc. at the meeting for fraud, misrepresentation, conspiracy, etc.

And, of course, all of this could be avoided by your group merely abiding by Judge Karlan’s advice to participate in a fair election at the Bel-Air Association’s Annual Meeting, where your 9 cohorts will have an opportunity to be elected as directors, as the 9 incumbents will. In fact, it is perplexing why any of your group would run the risk of a significant adverse legal result when you can simply participate in a fair election at the Annual Meeting.

In any event, we are sending this to you with a copy to your 9 board nominees so that there can be no question but that you have all been put on notice by what appears to be your reckless behavior without regard to the rights of those in the community who may be deceived by your actions.

We strongly urge you and each of your 9 board nominees to do the right thing for the community and protect your own personal liability and either call off the March 17 meeting or conduct it as any kind of meeting of yours that is clearly not a meeting of the Bel-Air Association.

Of course, nothing in this or any other communication to you is intended to waive any rights that the Bel-Air Association has against you or anyone else for your contemplated unauthorized March 17 meeting.

Sincerely,

Ron Hudson
President
The Bel-Air Association

Tuesday, March 15, 2016

WARNING: March 17, 2016 "Special Meeting" is NOT an Official Bel-Air Association Meeting


Dear Bel-Air Association Members:

We wanted to remind you once again that despite emails and other communications to the contrary, the so-called “special meeting” to be held on March 17, 2016 is NOT an authorized or a legitimate meeting of The Bel-Air Association.

While a small group of individuals have chosen to meet on this date, they are unfortunately misrepresenting the scope of their meeting, and in doing so, are misleading some Bel-Air Association members into believing it is an official meeting of the Bel-Air Association.

To be absolutely clear: despite other information that is circulating, the March 17, 2016 meeting this Thursday is NOT a meeting of the Bel-Air Association.

Additionally, any actions or discussions at the March 17, 2016 meeting will have NO official impact whatsoever on the day-to-day operations, policies, or programs of The Bel-Air Association.

When The Bel-Air Association holds official meetings, we promptly notify our members with the meeting date, time, and location. 

The Bel-Air Association will also provide timely information in advance of our official meetings so that all of our members may continue to have a voice in our community.

Thank you for your attention to this matter. 

Please feel free to contact us if you have any questions.