Preface: Pandora’s Box of the Merced County cabal continues to open releasing more evidence of the villainies by the public officials and their insurance carriers. I have not brought to light the details as to why my family had our room broken into at the Hyatt Summerfield Suites on March 6th, 2010, by the Pleasanton Police Department.
It was directly connected to my receiving death threats made on behalf of Los Banos Mayor Tommy Jones within 30 days after a complaint I had filed with the FPPC against Jones found him to have broken conflict of interest laws.
I published an article saying there were being covered up by the Merced County DA Larry Morse, DDA Alan Turner and the Los Banos Police Department Commander Gary Brizzee.
The case against the Hyatt was originally filed by Mr. William Lapcevich (now formerly) of the Modesto Law Firm of Arata Swingle Sodhi & Van Egmond on a contingency fee basis. It was a vote of confidence that the case was meritorious. It was my plan, based upon the obvious liability of the Hyatt and PPD from the videos of the incident, to come to a quick and reasonable settlement to secure a “war chest” for my litigation against the Merced County Defendants.
Lapcevich felt that a settlement between $150k-$175k was very reasonable based upon the hard medical costs damages I had of close to $50,000.00 from being hospitalized overnight under a bogus 5150.
Then, after I filed the lawsuit against the Merced County cabal defendants (that Lapcevich always knew that I would be filing in the Eastern District Court) Lapcevich said he had a conflict and had to dump me. Lapcevich went as far as saying he did not know I planned to file a lawsuit against the Merced county law enforcement agencies.
Ludicrous! It was discussed in detail and at length. Lapcevich always said he could not sue Merced County agencies, but nothing prevented me from doing so, while he pursued the Pleasanton PD defendants in a separate lawsuit.
Lapcevich said that his law firm was part of the same insurance provider pool as the Merced County law enforcement after speaking to the attorney, Louis Leone of Stubbs and representing the Pleasanton PD.
No matter how much I pleaded in my papers opposing Lapcevich’s withdrawal saying that it was a conflict Lapcevich would have known for several months, and it was nothing short of a set-up by the insurance carrier to tank both of my cases by overloading me, Lapcevich was able to withdraw. (Note: It is a cold day in hell when an attorney makes a motion to withdraw as counsel that the court denies.)
Ghosts are now coming back to haunt Lapcevich, the PPD defendants’ counsel Leone, and the counsel for the Hyatt, Mr. Steven Roycraft.
The Hyatt/PPD defendants were originally named in the Eastern District suit until I was tricked by Lapcevich to dismiss them. Lapcevich said he could then continue to proceed against them in the Northern District Court. Once I dismissed them, he conveniently discovered his conflict via the courtesy of Leone representing the Pleasanton PD.
Immediately after I requested a stipulation from Roycraft and Leone to allow me additional time to respond to interrogatories due to (what they already knew) was the initiation of the competency proceedings by my counsel, Eric Dumar, they immediately filed a 600 page Summary Judgment Motion (Definition).
NORTHERN & EASTERN DISTRICT COURTS, FIFTH & SIXTH APPELLATE COURT REQUESTED TO ADDRESS
OBSTRUCTION OF JUSTICE BY THE MERCED COUNTY CABAL & HYATT/PPD DEFENDANTS
I brought this to the attention of Northern District Judge Claudia Wilkin and Eastern District Judge Anthony Ishii in the case of Forte vs. Merced County.
I brought it to the attention of Fifth Appellate Court Justices Cornell, Detjen and Kane during oral argument on October 10th, 2012.
I informed both courts and filed documents supporting my belief that the attorneys for the insurance carrier that caused Lapcevich to abandon me were continuing to subvert justice for the benefit of the Merced County defendants and the Pleasanton PD they insured.
By October 16th, 2012, Judge Wilken struck the 600 page filings of the Hyatt/PPD defendants due to their grossly violating the page limitation of documents. They were ordered to re-file the documents conforming to a 25 page limitation. If I had filed a 600 page piece of trash I would have been nailed as being vexatious.
I took umbrage with an order by a Judge Beeler who boldly stated that even though the defendants (Hyatt by Roycraft) violated the rules of court, he was going to allow it to remain, and keep in place the time limit for my response. My gripe is simple, rules are rules. If they break them, they just cannot be given a free roll.
The Merced defendants were running wild with the bogus competency proceedings and the PPD defendants would utilize that to put more pressure on me, and in their defense that my claims were delusional.
The letter brief I filed at the request of Judge Claudia Wilken presiding over the Hyatt/Pleasanton PD pretty much explains and details why in my opinion Roycraft is one of the more unethical scoundrels I have come across.
A copy of the letter brief and Opposition to the Motions for Summary Judgment were also filed with Judge Ishii letting him know that in his not exerting control over the illicit conduct of the defendants, he is tacitly supporting the obstruction of justice against me.
Instead of my regurgitating my opposition papers to their summary judgment motions, I will only refer you to my very brief Opposition to the Roycraft Hyatt defendants motion trying to deny seeing the elephant standing in the room, which was this:
A. THERE ARE EIGHT VALID CAUSES OF ACTION STATED
“Roycraft maniacally states that there is no cause of action for wrongful eviction because there was no eviction (Pg. 13, ln-5-12) by Villa. Forte supposedly just left his room on his own accord. Roycraft does not let the fact of the police officers saying they were there to evict Forte for the hotel phase him in pulling this fraud upon the court…and that is specifically what it is.
To assure the court that Forte is not mentally incompetent and not just whistling Dixie, Forte directs the court to Roycraft stating (Pg. 7, ln7-10) that “PPD Officers Lashely and Nicely were the first who responded to stand by while Ms. Villa carried out the eviction (Declaration of Officer Jerry Nicely (Nicely “Decl.” .¶(6) .
If the court is still not convinced of Roycraft’s intent to defraud it by providing inaccurate facts presented by an officer of the court, it may look at the statements affirming that Villa was evicting Forte out of the room at Pg. 8, lns 13-21 ending with “We are here because the management of this hotel no longer wants you here and they are evicting you out of the room”.”
Do you see the elephant standing in the room that Judge Wilkin, Judge Ishii, and other Judges have not addressed yet to insure the appearance of fairness during the proceeding?