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Munoz sends a reply to the Court.

By   /   January 15, 2014  /   4 Comments

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It took the better part of last evening to read all of the latest declarations and motions in the city of 29′s case against the California Department of Finance.

Once again City Attorney A. Patrick Munoz just doesn’t get it.

First and foremost while a bond is an “enforceableobligation to the SA it is not a “Recognized” obligation to the Dissolution Law.

A bond is enforceable to the SA or in this case the City but not the State. State had nothing to do with the bonds. Now out of the generosity of the state it has allowed the bonds to be paid off with the cities portion of the tax increment.

Bond holders have no expectation that anything will be built from the proceeds, the only expectation is that they receive the advertised return on their investments. That is it.

A Recognized Obligation is a Construction Contract or a contract to build if you like. Since no contracts were ever let to spend the proceeds of the Bond before July 22, 2011 the bond proceeds are sequestered and legally not to be used. These idiots including the City Attorney knew this from the outset.

They thought they could confuse the issue by making the words “enforceable” and “Recognized” one in the same. No such luck butter cup, no such luck. The State saw and sees right through that ruse.

The City Attorney is out gunned and out smarted. his recent reply brief was both unresponsive and juvenile. His own declaration was Nixonian  in nature and kind of funny to read….. Basically he wants the court to know that, “I’m not a crook!”

Oh, yes you are, and I believe the State is about to prove it conclusively.

Munoz Reply

Munoz Request for judicial notice

Declaration of Matthew McCleary

AG’s Opposition

 

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About the author

Dan OBrien

Publisher

Cactus Thorns has been online in one form or the other since 2001. What started as a personal blog documenting the corruption and lack of Due Process of the 29 Palms Community Development Department has turned into over these many years into a hugely popular Independent Alternative News Media Outlet. We have partnered with other media including The Desert Star Weekly, Joshua Tree Star, other blogs, indie media and an incredible staff of volunteer Reporters, Commentators and Opinion Makers to create one of the most read, honest and dependable alternative to the Local traditional Media services in the country. Thanks to you the reader we are in the 5% of most read sites in the World.

4 Comments

  1. Good update, Dan. Okay Munoz may not be a crook. But he is a "profiteer." He profited a million dollars with zero benefit to the city or its taxpayers on a contract that sailed through the council in which he financial material interest in the outcome.

    Will the council of "bleeping sheep" allow Munoz to appeal? This could take years, all the while the profiteer continues to profit with no benefit to the city.

    Don't be misled by the hype from Staff, council and Munoz that the State is allowing $200,000 for legal fees in this matter. Otherwise, that money would have stayed here in the Basin for other critical local entities.

    There is no free ride!! The bullshit coming from city hall is suffocating.

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  2. Steve Spear Steve Spear says:

    The Desert Trail published my recent letter to the editor today. Their title for that letter, not mine is:

    "Exposing a dirty, rotten sham"

    Wow!

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  3. Dan OBrien Dan OBrien says:

    Notice of Hearing January 24th, 2014

    Notice of Hearing to be held on January 24th, 2014 @ 9:00 AM Department 31 of the Superior Court of the County of Sacramento.

    - See more at: http://www.vote29.com/newmyblog/archives/58059/document4-2#sthash.kQCm5ME3.dpuf

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