61

Philip J. Lance of PND and CNCA, slumlord as well as poverty pimp?

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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copy Dari Bates 2013

All rights reserved

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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i

TABLE OF CONTENTS

INTRODUCTION

A FATAL DIAGNOSIS Page 1

CHAPTER ONE

MOLD Page 2

CHAPTER TWO

RETALIATION Page 9

CHAPTER THREE

A CRY FOR HELP Page 27

CHAPTER FOUR

THE ANSWER Page 37

CHAPTER FIVE

ABOVE THE LAW Page 42

Philip J Lance 42

Connections to the Rich and Powerful 43

Distinguished Visitors of PND and CNCA 43Donors 44

Ana Ponce 44

Los Angeles City Council 45

Mayor Antonio Villaraigosa 46Los Angeles Unified School District 48

Yolie Flores 50

The County of Los Angeles Board of Supervisors 50

CHAPTER SIX

ENOUGH Page 52

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1

INTRODUCTION

A FATAL DIAGNOSIS

According to my research hellip ldquoObstructive Lung Diseaserdquo aka ldquoObstructivePulmonary Diseaserdquo is a major killer of Americans and is not reversible

The 3262012 report of Gary L Zagelbaum MD

ldquohellip The patient has increasing respiratory symptoms The patient presented because she did not want to follow-up with a methacholine challenge test sinceshe was concerned that she already had obstructive lung disease The patientalso was concerned about ongoing mold in her house The patient was also

was concerned about previous granulomatous disease on chest CT that was notaddressed at the last visit The patient has some increased shortness of breathcough and this chest pain which is not dissimilar to the chest pain she had previously hellip

LABORATORY RESULTS She had an IgE level in the 400s with some positivity

She had a CT scan that showed mild sinus disease

ASSESSMENT AND PLAN This is a female with a mixed obstructive-restrictive ventilatory defect with elevated immunoglobin E levels sinusitisand exposure to mold

RECOMMENDATIONS1 We will repeat the chest CT as a noncontrast to assess the pulmonary

nodules2 Would recommend that the patient actually move to an area without molds

given her IgE levels being high which may indicate a possible allergy tothe molds which may be making her respiratory and sinus symptomsworse

3 Continue Flonase Advair Singulair and other medications that were prescribed last time

4 The patient is to follow-up in 2 weeksrsquo time5 It is okay for the patient to not undergo the methacholine challenge test

since the patient did have obstruction on her previous spirometryrdquo

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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3

Where the lab report documented the presence of Ascospores AlternariaUlocladium and insect fragments in the indoors sample they were not present inthe outdoors sample I would later perform additional petrie dish samplings whichcontinued to yield the presence of the above andor more types of mold sporesincluding but not limited to Geotrichum which also is not documented in the

outdoors sample Because it is the nature of mold spores to float in colonies on aircurrents it was my guess that none of the reports were completely accurateespecially as it related to my entire apartment

According to the laboratory that prepared my mold inspectors report

ldquoSpore traps are commercially available sampling devices that capture airborne particles on an adhesive slide Air is pulled through the device using a vacuum pump Spores as well as other airborne particles are impacted on thecollection adhesive Using spore trap collection methods has inherentlimitations These collection methods are biased towards larger spore sizes

The analysis for total spore counts is a direct microscopic examination anddoes not include culturing or growing the fungi Therefore the results include both viable and non-viable spores Some fungal groups produce similar sporetypes that cannot be distinguished by direct microscopic examination alone(ie AspergillusPenicillium and others) Other spore types may lackdistinguishing features that aid in their identification These types are groupedinto larger categories such as Ascospores or Basidiosporesrdquo

And then there is the fact that the mold reports were not just documenting the presence of just one or two mold types They were documenting the presence ofseveral mold types of which all of their combined affects as in the case of theAlternaria Cladosporium or Ulocladium should have been taken into accountEspecially considering the fact that some of the individual descriptions from mymold inspectorrsquos report included but were not limited to the following

1 Alternaria In addition to the above Alternaria is ldquoTypically found on planttissue decaying wood and foods Soil Air outdoors hellip Indoors nearcondensation (window frames showers) House dust (in carpets and air)rdquoMode of dissemination is ldquoWindrdquo Its allergic potential is ldquoType I allergies(hay fever asthma) Type III (hypersensitivity pneumonitis)rdquo Potential oropportunistic pathogens include ldquoPhaeohyphomycosis causing cysticgranulomas in the skin and subcutaneous tissue In immunocompetent patients Alternaria colonizes the paranasal sinuses leading to chronichypertrophic sinusitisrdquo Potential toxins produced are ldquoAlternariol (AOH)Alternariol monomethylether (AME) Tenuazonic acid (TeA) Alteuene(ALT) Altertoxins (ATX)rdquo

2 Ascospores ldquoAll ascospores belong to members of the PhylumAsomycota which encompasses a plethora of genera worldwiderdquo Modeof dissemination includes ldquowind or insectsrdquo Other aspects of the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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4

description ldquoDepends on genus and speciesrdquo3 AspergillusPenicillium ldquoPrevalent in water damaged buildings hellip House

dust helliprdquo Mode of dissemination is ldquoWind insectsrdquo Allergic potential isldquoType I (hay fever asthma) Type III (hypersensitivity)rdquo ldquoSpores ofAspergillus and Penicillium (including others such as Acremonium and

Paecilomyces) are small and spherical with few distinguishingcharacteristics They cannot be differentiated or speciated by non-viableimpaction sampling methods Some species with very small spores may beundercounted in samples with high background debrisrdquo The backgrounddebris on a scale of 1-5 were 3 in my apartment and outside according tomy mold inspectorrsquos report

4 Basidiospores Can be found on ldquowood productsrdquo etc Mode ofdissemination includes ldquowind currentsrdquo The allergic potential is ldquoType Iallergies (hay fever asthma) Type III (hypersensitivity pneumonitis)rdquoPotential toxins produced include ldquoAmanitins monomethyl-hydrazinemuscarine ibotenic acid psilocybinrdquo ldquoBasidiospores belong to the

members of the Phylum Basidiomycota which includes mushrooms shelffungi rusts and smutsrdquo5 Cladosporium Its natural habitat is ldquoDead plant matter Straw Soil

Woody plantsrdquo And can be found indoors on ldquoFiberglass duct linerPaint Textiles Found in high concentration in water damaged buildingmaterialsrdquo Mode of dissemination is ldquoAirrdquo The allergic potential isldquoType I (asthma and hay fever)rdquo The potential or opportunistic pathogensare ldquoEdema keratitis onychomycosis pulmonary infections SinusitisrdquoPotential toxins produced are ldquoCladosporin and Emodinrdquo

6 Myxomycetes++ Its natural habitat is ldquoDecaying logs Dead leaves DungLawns Mulched flower beds Lawnsrdquo And indoors it may be found onldquoRotting lumberrdquo Mode of dissemination is ldquoInsects Water Windrdquo Theallergic potential is ldquoType Irdquo

7 Ulocladium In the indoor environment Ulocladium is found onldquoWallboard jute paper wood textiles Good indicator of water damagerdquoMode of I returned to the Health Department with the photographs in handand requested another inspection this time of the frontfront side of the building dissemination is ldquoWindrdquo The allergic potential is ldquoHay feverasthmardquo Etc

The additional reports described

1 Aternaria The natural habitat is ldquoA worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo The suitable substrates in theindoor environment include ldquoIndoors near condensation (window framesshowers) House dust (in carpets and air) Also colonizes buildingsupplies computer disks cosmetics leather optical instruments papersewage stone monuments textiles wood pulp and jet fuelrdquo The mode ofdissemination is ldquoAirbornerdquo The allergic potential includes ldquoAllergieshay fever hypersensitivity pneumonitis Alternaria is one of the most

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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6

and sensitivity thresholds are not well known and can potentially varytremendously depending on various conditions and on the particular individualsEffects can also vary from species to species within a particular mold genusEPA OSHA NIOSH and other occupational health related associations in the UShave not yet to this date established permissible exposure levels (PEL)

recommended exposure limits (REL) or other limit values for aeroallergensPlease realize that the evaluation of onersquos specific results in terms of potentialhealth hazards and subsequent courses of action are beyond the scope of thelaboratory analysis Those requiring expert advisement on a particular situationshould retain the services of a professional IAQ consultant hellip FREQUENTLYASKED QUESTIONS hellip

8) Can we still live hererdquo

That is a difficult question to answer since there are no establishedlsquosafersquo levels of mold and more importantly individuals have dramatically different

resistances to mold If you received test results back and after looking up thosetypes of mold on our glossary of terms or used another resource and determinedthat there are some potentially harmful health affects associated with the mold youshould consult with your healthcare provider regarding further exposure Thefollowing questions may help you answer that question

a) How wide spread is the contamination Is it inside a cabinet Or is it inside awall cavity or under the entire carpet pad If it is a small area you cancloseseal it off until it can be cleaned properly by a professional If thecontamination is wide spread or you do not know the extent of thecontamination you should probably contact a professional in your area foradvice

b) Do any of the occupantrsquos fall into the particularly susceptible group like persons with existing respiratory disorders the young the elderly or the immunesuppressed If so it is recommended to err on the side of caution anddiscontinue any possible exposure of these individuals

c) Is the mold airborne Is the mold in an occupied area If you received a labreport back from tape lifts and the types of mold listed have potential healthaffects associated with it we recommend contacting a professional in your localarea to take air samples for you A professional must take air samples becausespecialized equipment is used Having air samples taken will let you know ifthe mold you sent in on the tape lifts has contaminated the air We highlyrecommend having an Exterioroutdoor sample taken at approximately thesame time the interior samples are taken so you will know what is considerednormal for your area this time of year

d) Have you been experiencing any health problems that you think may be due tomold exposurehttpwwwepagovmoldhttpwwwdshsstatetxusmoldrdquo

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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copy Dari Bates 2013

All rights reserved

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i

TABLE OF CONTENTS

INTRODUCTION

A FATAL DIAGNOSIS Page 1

CHAPTER ONE

MOLD Page 2

CHAPTER TWO

RETALIATION Page 9

CHAPTER THREE

A CRY FOR HELP Page 27

CHAPTER FOUR

THE ANSWER Page 37

CHAPTER FIVE

ABOVE THE LAW Page 42

Philip J Lance 42

Connections to the Rich and Powerful 43

Distinguished Visitors of PND and CNCA 43Donors 44

Ana Ponce 44

Los Angeles City Council 45

Mayor Antonio Villaraigosa 46Los Angeles Unified School District 48

Yolie Flores 50

The County of Los Angeles Board of Supervisors 50

CHAPTER SIX

ENOUGH Page 52

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1

INTRODUCTION

A FATAL DIAGNOSIS

According to my research hellip ldquoObstructive Lung Diseaserdquo aka ldquoObstructivePulmonary Diseaserdquo is a major killer of Americans and is not reversible

The 3262012 report of Gary L Zagelbaum MD

ldquohellip The patient has increasing respiratory symptoms The patient presented because she did not want to follow-up with a methacholine challenge test sinceshe was concerned that she already had obstructive lung disease The patientalso was concerned about ongoing mold in her house The patient was also

was concerned about previous granulomatous disease on chest CT that was notaddressed at the last visit The patient has some increased shortness of breathcough and this chest pain which is not dissimilar to the chest pain she had previously hellip

LABORATORY RESULTS She had an IgE level in the 400s with some positivity

She had a CT scan that showed mild sinus disease

ASSESSMENT AND PLAN This is a female with a mixed obstructive-restrictive ventilatory defect with elevated immunoglobin E levels sinusitisand exposure to mold

RECOMMENDATIONS1 We will repeat the chest CT as a noncontrast to assess the pulmonary

nodules2 Would recommend that the patient actually move to an area without molds

given her IgE levels being high which may indicate a possible allergy tothe molds which may be making her respiratory and sinus symptomsworse

3 Continue Flonase Advair Singulair and other medications that were prescribed last time

4 The patient is to follow-up in 2 weeksrsquo time5 It is okay for the patient to not undergo the methacholine challenge test

since the patient did have obstruction on her previous spirometryrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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3

Where the lab report documented the presence of Ascospores AlternariaUlocladium and insect fragments in the indoors sample they were not present inthe outdoors sample I would later perform additional petrie dish samplings whichcontinued to yield the presence of the above andor more types of mold sporesincluding but not limited to Geotrichum which also is not documented in the

outdoors sample Because it is the nature of mold spores to float in colonies on aircurrents it was my guess that none of the reports were completely accurateespecially as it related to my entire apartment

According to the laboratory that prepared my mold inspectors report

ldquoSpore traps are commercially available sampling devices that capture airborne particles on an adhesive slide Air is pulled through the device using a vacuum pump Spores as well as other airborne particles are impacted on thecollection adhesive Using spore trap collection methods has inherentlimitations These collection methods are biased towards larger spore sizes

The analysis for total spore counts is a direct microscopic examination anddoes not include culturing or growing the fungi Therefore the results include both viable and non-viable spores Some fungal groups produce similar sporetypes that cannot be distinguished by direct microscopic examination alone(ie AspergillusPenicillium and others) Other spore types may lackdistinguishing features that aid in their identification These types are groupedinto larger categories such as Ascospores or Basidiosporesrdquo

And then there is the fact that the mold reports were not just documenting the presence of just one or two mold types They were documenting the presence ofseveral mold types of which all of their combined affects as in the case of theAlternaria Cladosporium or Ulocladium should have been taken into accountEspecially considering the fact that some of the individual descriptions from mymold inspectorrsquos report included but were not limited to the following

1 Alternaria In addition to the above Alternaria is ldquoTypically found on planttissue decaying wood and foods Soil Air outdoors hellip Indoors nearcondensation (window frames showers) House dust (in carpets and air)rdquoMode of dissemination is ldquoWindrdquo Its allergic potential is ldquoType I allergies(hay fever asthma) Type III (hypersensitivity pneumonitis)rdquo Potential oropportunistic pathogens include ldquoPhaeohyphomycosis causing cysticgranulomas in the skin and subcutaneous tissue In immunocompetent patients Alternaria colonizes the paranasal sinuses leading to chronichypertrophic sinusitisrdquo Potential toxins produced are ldquoAlternariol (AOH)Alternariol monomethylether (AME) Tenuazonic acid (TeA) Alteuene(ALT) Altertoxins (ATX)rdquo

2 Ascospores ldquoAll ascospores belong to members of the PhylumAsomycota which encompasses a plethora of genera worldwiderdquo Modeof dissemination includes ldquowind or insectsrdquo Other aspects of the

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4

description ldquoDepends on genus and speciesrdquo3 AspergillusPenicillium ldquoPrevalent in water damaged buildings hellip House

dust helliprdquo Mode of dissemination is ldquoWind insectsrdquo Allergic potential isldquoType I (hay fever asthma) Type III (hypersensitivity)rdquo ldquoSpores ofAspergillus and Penicillium (including others such as Acremonium and

Paecilomyces) are small and spherical with few distinguishingcharacteristics They cannot be differentiated or speciated by non-viableimpaction sampling methods Some species with very small spores may beundercounted in samples with high background debrisrdquo The backgrounddebris on a scale of 1-5 were 3 in my apartment and outside according tomy mold inspectorrsquos report

4 Basidiospores Can be found on ldquowood productsrdquo etc Mode ofdissemination includes ldquowind currentsrdquo The allergic potential is ldquoType Iallergies (hay fever asthma) Type III (hypersensitivity pneumonitis)rdquoPotential toxins produced include ldquoAmanitins monomethyl-hydrazinemuscarine ibotenic acid psilocybinrdquo ldquoBasidiospores belong to the

members of the Phylum Basidiomycota which includes mushrooms shelffungi rusts and smutsrdquo5 Cladosporium Its natural habitat is ldquoDead plant matter Straw Soil

Woody plantsrdquo And can be found indoors on ldquoFiberglass duct linerPaint Textiles Found in high concentration in water damaged buildingmaterialsrdquo Mode of dissemination is ldquoAirrdquo The allergic potential isldquoType I (asthma and hay fever)rdquo The potential or opportunistic pathogensare ldquoEdema keratitis onychomycosis pulmonary infections SinusitisrdquoPotential toxins produced are ldquoCladosporin and Emodinrdquo

6 Myxomycetes++ Its natural habitat is ldquoDecaying logs Dead leaves DungLawns Mulched flower beds Lawnsrdquo And indoors it may be found onldquoRotting lumberrdquo Mode of dissemination is ldquoInsects Water Windrdquo Theallergic potential is ldquoType Irdquo

7 Ulocladium In the indoor environment Ulocladium is found onldquoWallboard jute paper wood textiles Good indicator of water damagerdquoMode of I returned to the Health Department with the photographs in handand requested another inspection this time of the frontfront side of the building dissemination is ldquoWindrdquo The allergic potential is ldquoHay feverasthmardquo Etc

The additional reports described

1 Aternaria The natural habitat is ldquoA worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo The suitable substrates in theindoor environment include ldquoIndoors near condensation (window framesshowers) House dust (in carpets and air) Also colonizes buildingsupplies computer disks cosmetics leather optical instruments papersewage stone monuments textiles wood pulp and jet fuelrdquo The mode ofdissemination is ldquoAirbornerdquo The allergic potential includes ldquoAllergieshay fever hypersensitivity pneumonitis Alternaria is one of the most

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6

and sensitivity thresholds are not well known and can potentially varytremendously depending on various conditions and on the particular individualsEffects can also vary from species to species within a particular mold genusEPA OSHA NIOSH and other occupational health related associations in the UShave not yet to this date established permissible exposure levels (PEL)

recommended exposure limits (REL) or other limit values for aeroallergensPlease realize that the evaluation of onersquos specific results in terms of potentialhealth hazards and subsequent courses of action are beyond the scope of thelaboratory analysis Those requiring expert advisement on a particular situationshould retain the services of a professional IAQ consultant hellip FREQUENTLYASKED QUESTIONS hellip

8) Can we still live hererdquo

That is a difficult question to answer since there are no establishedlsquosafersquo levels of mold and more importantly individuals have dramatically different

resistances to mold If you received test results back and after looking up thosetypes of mold on our glossary of terms or used another resource and determinedthat there are some potentially harmful health affects associated with the mold youshould consult with your healthcare provider regarding further exposure Thefollowing questions may help you answer that question

a) How wide spread is the contamination Is it inside a cabinet Or is it inside awall cavity or under the entire carpet pad If it is a small area you cancloseseal it off until it can be cleaned properly by a professional If thecontamination is wide spread or you do not know the extent of thecontamination you should probably contact a professional in your area foradvice

b) Do any of the occupantrsquos fall into the particularly susceptible group like persons with existing respiratory disorders the young the elderly or the immunesuppressed If so it is recommended to err on the side of caution anddiscontinue any possible exposure of these individuals

c) Is the mold airborne Is the mold in an occupied area If you received a labreport back from tape lifts and the types of mold listed have potential healthaffects associated with it we recommend contacting a professional in your localarea to take air samples for you A professional must take air samples becausespecialized equipment is used Having air samples taken will let you know ifthe mold you sent in on the tape lifts has contaminated the air We highlyrecommend having an Exterioroutdoor sample taken at approximately thesame time the interior samples are taken so you will know what is considerednormal for your area this time of year

d) Have you been experiencing any health problems that you think may be due tomold exposurehttpwwwepagovmoldhttpwwwdshsstatetxusmoldrdquo

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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i

TABLE OF CONTENTS

INTRODUCTION

A FATAL DIAGNOSIS Page 1

CHAPTER ONE

MOLD Page 2

CHAPTER TWO

RETALIATION Page 9

CHAPTER THREE

A CRY FOR HELP Page 27

CHAPTER FOUR

THE ANSWER Page 37

CHAPTER FIVE

ABOVE THE LAW Page 42

Philip J Lance 42

Connections to the Rich and Powerful 43

Distinguished Visitors of PND and CNCA 43Donors 44

Ana Ponce 44

Los Angeles City Council 45

Mayor Antonio Villaraigosa 46Los Angeles Unified School District 48

Yolie Flores 50

The County of Los Angeles Board of Supervisors 50

CHAPTER SIX

ENOUGH Page 52

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1

INTRODUCTION

A FATAL DIAGNOSIS

According to my research hellip ldquoObstructive Lung Diseaserdquo aka ldquoObstructivePulmonary Diseaserdquo is a major killer of Americans and is not reversible

The 3262012 report of Gary L Zagelbaum MD

ldquohellip The patient has increasing respiratory symptoms The patient presented because she did not want to follow-up with a methacholine challenge test sinceshe was concerned that she already had obstructive lung disease The patientalso was concerned about ongoing mold in her house The patient was also

was concerned about previous granulomatous disease on chest CT that was notaddressed at the last visit The patient has some increased shortness of breathcough and this chest pain which is not dissimilar to the chest pain she had previously hellip

LABORATORY RESULTS She had an IgE level in the 400s with some positivity

She had a CT scan that showed mild sinus disease

ASSESSMENT AND PLAN This is a female with a mixed obstructive-restrictive ventilatory defect with elevated immunoglobin E levels sinusitisand exposure to mold

RECOMMENDATIONS1 We will repeat the chest CT as a noncontrast to assess the pulmonary

nodules2 Would recommend that the patient actually move to an area without molds

given her IgE levels being high which may indicate a possible allergy tothe molds which may be making her respiratory and sinus symptomsworse

3 Continue Flonase Advair Singulair and other medications that were prescribed last time

4 The patient is to follow-up in 2 weeksrsquo time5 It is okay for the patient to not undergo the methacholine challenge test

since the patient did have obstruction on her previous spirometryrdquo

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3

Where the lab report documented the presence of Ascospores AlternariaUlocladium and insect fragments in the indoors sample they were not present inthe outdoors sample I would later perform additional petrie dish samplings whichcontinued to yield the presence of the above andor more types of mold sporesincluding but not limited to Geotrichum which also is not documented in the

outdoors sample Because it is the nature of mold spores to float in colonies on aircurrents it was my guess that none of the reports were completely accurateespecially as it related to my entire apartment

According to the laboratory that prepared my mold inspectors report

ldquoSpore traps are commercially available sampling devices that capture airborne particles on an adhesive slide Air is pulled through the device using a vacuum pump Spores as well as other airborne particles are impacted on thecollection adhesive Using spore trap collection methods has inherentlimitations These collection methods are biased towards larger spore sizes

The analysis for total spore counts is a direct microscopic examination anddoes not include culturing or growing the fungi Therefore the results include both viable and non-viable spores Some fungal groups produce similar sporetypes that cannot be distinguished by direct microscopic examination alone(ie AspergillusPenicillium and others) Other spore types may lackdistinguishing features that aid in their identification These types are groupedinto larger categories such as Ascospores or Basidiosporesrdquo

And then there is the fact that the mold reports were not just documenting the presence of just one or two mold types They were documenting the presence ofseveral mold types of which all of their combined affects as in the case of theAlternaria Cladosporium or Ulocladium should have been taken into accountEspecially considering the fact that some of the individual descriptions from mymold inspectorrsquos report included but were not limited to the following

1 Alternaria In addition to the above Alternaria is ldquoTypically found on planttissue decaying wood and foods Soil Air outdoors hellip Indoors nearcondensation (window frames showers) House dust (in carpets and air)rdquoMode of dissemination is ldquoWindrdquo Its allergic potential is ldquoType I allergies(hay fever asthma) Type III (hypersensitivity pneumonitis)rdquo Potential oropportunistic pathogens include ldquoPhaeohyphomycosis causing cysticgranulomas in the skin and subcutaneous tissue In immunocompetent patients Alternaria colonizes the paranasal sinuses leading to chronichypertrophic sinusitisrdquo Potential toxins produced are ldquoAlternariol (AOH)Alternariol monomethylether (AME) Tenuazonic acid (TeA) Alteuene(ALT) Altertoxins (ATX)rdquo

2 Ascospores ldquoAll ascospores belong to members of the PhylumAsomycota which encompasses a plethora of genera worldwiderdquo Modeof dissemination includes ldquowind or insectsrdquo Other aspects of the

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4

description ldquoDepends on genus and speciesrdquo3 AspergillusPenicillium ldquoPrevalent in water damaged buildings hellip House

dust helliprdquo Mode of dissemination is ldquoWind insectsrdquo Allergic potential isldquoType I (hay fever asthma) Type III (hypersensitivity)rdquo ldquoSpores ofAspergillus and Penicillium (including others such as Acremonium and

Paecilomyces) are small and spherical with few distinguishingcharacteristics They cannot be differentiated or speciated by non-viableimpaction sampling methods Some species with very small spores may beundercounted in samples with high background debrisrdquo The backgrounddebris on a scale of 1-5 were 3 in my apartment and outside according tomy mold inspectorrsquos report

4 Basidiospores Can be found on ldquowood productsrdquo etc Mode ofdissemination includes ldquowind currentsrdquo The allergic potential is ldquoType Iallergies (hay fever asthma) Type III (hypersensitivity pneumonitis)rdquoPotential toxins produced include ldquoAmanitins monomethyl-hydrazinemuscarine ibotenic acid psilocybinrdquo ldquoBasidiospores belong to the

members of the Phylum Basidiomycota which includes mushrooms shelffungi rusts and smutsrdquo5 Cladosporium Its natural habitat is ldquoDead plant matter Straw Soil

Woody plantsrdquo And can be found indoors on ldquoFiberglass duct linerPaint Textiles Found in high concentration in water damaged buildingmaterialsrdquo Mode of dissemination is ldquoAirrdquo The allergic potential isldquoType I (asthma and hay fever)rdquo The potential or opportunistic pathogensare ldquoEdema keratitis onychomycosis pulmonary infections SinusitisrdquoPotential toxins produced are ldquoCladosporin and Emodinrdquo

6 Myxomycetes++ Its natural habitat is ldquoDecaying logs Dead leaves DungLawns Mulched flower beds Lawnsrdquo And indoors it may be found onldquoRotting lumberrdquo Mode of dissemination is ldquoInsects Water Windrdquo Theallergic potential is ldquoType Irdquo

7 Ulocladium In the indoor environment Ulocladium is found onldquoWallboard jute paper wood textiles Good indicator of water damagerdquoMode of I returned to the Health Department with the photographs in handand requested another inspection this time of the frontfront side of the building dissemination is ldquoWindrdquo The allergic potential is ldquoHay feverasthmardquo Etc

The additional reports described

1 Aternaria The natural habitat is ldquoA worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo The suitable substrates in theindoor environment include ldquoIndoors near condensation (window framesshowers) House dust (in carpets and air) Also colonizes buildingsupplies computer disks cosmetics leather optical instruments papersewage stone monuments textiles wood pulp and jet fuelrdquo The mode ofdissemination is ldquoAirbornerdquo The allergic potential includes ldquoAllergieshay fever hypersensitivity pneumonitis Alternaria is one of the most

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6

and sensitivity thresholds are not well known and can potentially varytremendously depending on various conditions and on the particular individualsEffects can also vary from species to species within a particular mold genusEPA OSHA NIOSH and other occupational health related associations in the UShave not yet to this date established permissible exposure levels (PEL)

recommended exposure limits (REL) or other limit values for aeroallergensPlease realize that the evaluation of onersquos specific results in terms of potentialhealth hazards and subsequent courses of action are beyond the scope of thelaboratory analysis Those requiring expert advisement on a particular situationshould retain the services of a professional IAQ consultant hellip FREQUENTLYASKED QUESTIONS hellip

8) Can we still live hererdquo

That is a difficult question to answer since there are no establishedlsquosafersquo levels of mold and more importantly individuals have dramatically different

resistances to mold If you received test results back and after looking up thosetypes of mold on our glossary of terms or used another resource and determinedthat there are some potentially harmful health affects associated with the mold youshould consult with your healthcare provider regarding further exposure Thefollowing questions may help you answer that question

a) How wide spread is the contamination Is it inside a cabinet Or is it inside awall cavity or under the entire carpet pad If it is a small area you cancloseseal it off until it can be cleaned properly by a professional If thecontamination is wide spread or you do not know the extent of thecontamination you should probably contact a professional in your area foradvice

b) Do any of the occupantrsquos fall into the particularly susceptible group like persons with existing respiratory disorders the young the elderly or the immunesuppressed If so it is recommended to err on the side of caution anddiscontinue any possible exposure of these individuals

c) Is the mold airborne Is the mold in an occupied area If you received a labreport back from tape lifts and the types of mold listed have potential healthaffects associated with it we recommend contacting a professional in your localarea to take air samples for you A professional must take air samples becausespecialized equipment is used Having air samples taken will let you know ifthe mold you sent in on the tape lifts has contaminated the air We highlyrecommend having an Exterioroutdoor sample taken at approximately thesame time the interior samples are taken so you will know what is considerednormal for your area this time of year

d) Have you been experiencing any health problems that you think may be due tomold exposurehttpwwwepagovmoldhttpwwwdshsstatetxusmoldrdquo

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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1

INTRODUCTION

A FATAL DIAGNOSIS

According to my research hellip ldquoObstructive Lung Diseaserdquo aka ldquoObstructivePulmonary Diseaserdquo is a major killer of Americans and is not reversible

The 3262012 report of Gary L Zagelbaum MD

ldquohellip The patient has increasing respiratory symptoms The patient presented because she did not want to follow-up with a methacholine challenge test sinceshe was concerned that she already had obstructive lung disease The patientalso was concerned about ongoing mold in her house The patient was also

was concerned about previous granulomatous disease on chest CT that was notaddressed at the last visit The patient has some increased shortness of breathcough and this chest pain which is not dissimilar to the chest pain she had previously hellip

LABORATORY RESULTS She had an IgE level in the 400s with some positivity

She had a CT scan that showed mild sinus disease

ASSESSMENT AND PLAN This is a female with a mixed obstructive-restrictive ventilatory defect with elevated immunoglobin E levels sinusitisand exposure to mold

RECOMMENDATIONS1 We will repeat the chest CT as a noncontrast to assess the pulmonary

nodules2 Would recommend that the patient actually move to an area without molds

given her IgE levels being high which may indicate a possible allergy tothe molds which may be making her respiratory and sinus symptomsworse

3 Continue Flonase Advair Singulair and other medications that were prescribed last time

4 The patient is to follow-up in 2 weeksrsquo time5 It is okay for the patient to not undergo the methacholine challenge test

since the patient did have obstruction on her previous spirometryrdquo

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3

Where the lab report documented the presence of Ascospores AlternariaUlocladium and insect fragments in the indoors sample they were not present inthe outdoors sample I would later perform additional petrie dish samplings whichcontinued to yield the presence of the above andor more types of mold sporesincluding but not limited to Geotrichum which also is not documented in the

outdoors sample Because it is the nature of mold spores to float in colonies on aircurrents it was my guess that none of the reports were completely accurateespecially as it related to my entire apartment

According to the laboratory that prepared my mold inspectors report

ldquoSpore traps are commercially available sampling devices that capture airborne particles on an adhesive slide Air is pulled through the device using a vacuum pump Spores as well as other airborne particles are impacted on thecollection adhesive Using spore trap collection methods has inherentlimitations These collection methods are biased towards larger spore sizes

The analysis for total spore counts is a direct microscopic examination anddoes not include culturing or growing the fungi Therefore the results include both viable and non-viable spores Some fungal groups produce similar sporetypes that cannot be distinguished by direct microscopic examination alone(ie AspergillusPenicillium and others) Other spore types may lackdistinguishing features that aid in their identification These types are groupedinto larger categories such as Ascospores or Basidiosporesrdquo

And then there is the fact that the mold reports were not just documenting the presence of just one or two mold types They were documenting the presence ofseveral mold types of which all of their combined affects as in the case of theAlternaria Cladosporium or Ulocladium should have been taken into accountEspecially considering the fact that some of the individual descriptions from mymold inspectorrsquos report included but were not limited to the following

1 Alternaria In addition to the above Alternaria is ldquoTypically found on planttissue decaying wood and foods Soil Air outdoors hellip Indoors nearcondensation (window frames showers) House dust (in carpets and air)rdquoMode of dissemination is ldquoWindrdquo Its allergic potential is ldquoType I allergies(hay fever asthma) Type III (hypersensitivity pneumonitis)rdquo Potential oropportunistic pathogens include ldquoPhaeohyphomycosis causing cysticgranulomas in the skin and subcutaneous tissue In immunocompetent patients Alternaria colonizes the paranasal sinuses leading to chronichypertrophic sinusitisrdquo Potential toxins produced are ldquoAlternariol (AOH)Alternariol monomethylether (AME) Tenuazonic acid (TeA) Alteuene(ALT) Altertoxins (ATX)rdquo

2 Ascospores ldquoAll ascospores belong to members of the PhylumAsomycota which encompasses a plethora of genera worldwiderdquo Modeof dissemination includes ldquowind or insectsrdquo Other aspects of the

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4

description ldquoDepends on genus and speciesrdquo3 AspergillusPenicillium ldquoPrevalent in water damaged buildings hellip House

dust helliprdquo Mode of dissemination is ldquoWind insectsrdquo Allergic potential isldquoType I (hay fever asthma) Type III (hypersensitivity)rdquo ldquoSpores ofAspergillus and Penicillium (including others such as Acremonium and

Paecilomyces) are small and spherical with few distinguishingcharacteristics They cannot be differentiated or speciated by non-viableimpaction sampling methods Some species with very small spores may beundercounted in samples with high background debrisrdquo The backgrounddebris on a scale of 1-5 were 3 in my apartment and outside according tomy mold inspectorrsquos report

4 Basidiospores Can be found on ldquowood productsrdquo etc Mode ofdissemination includes ldquowind currentsrdquo The allergic potential is ldquoType Iallergies (hay fever asthma) Type III (hypersensitivity pneumonitis)rdquoPotential toxins produced include ldquoAmanitins monomethyl-hydrazinemuscarine ibotenic acid psilocybinrdquo ldquoBasidiospores belong to the

members of the Phylum Basidiomycota which includes mushrooms shelffungi rusts and smutsrdquo5 Cladosporium Its natural habitat is ldquoDead plant matter Straw Soil

Woody plantsrdquo And can be found indoors on ldquoFiberglass duct linerPaint Textiles Found in high concentration in water damaged buildingmaterialsrdquo Mode of dissemination is ldquoAirrdquo The allergic potential isldquoType I (asthma and hay fever)rdquo The potential or opportunistic pathogensare ldquoEdema keratitis onychomycosis pulmonary infections SinusitisrdquoPotential toxins produced are ldquoCladosporin and Emodinrdquo

6 Myxomycetes++ Its natural habitat is ldquoDecaying logs Dead leaves DungLawns Mulched flower beds Lawnsrdquo And indoors it may be found onldquoRotting lumberrdquo Mode of dissemination is ldquoInsects Water Windrdquo Theallergic potential is ldquoType Irdquo

7 Ulocladium In the indoor environment Ulocladium is found onldquoWallboard jute paper wood textiles Good indicator of water damagerdquoMode of I returned to the Health Department with the photographs in handand requested another inspection this time of the frontfront side of the building dissemination is ldquoWindrdquo The allergic potential is ldquoHay feverasthmardquo Etc

The additional reports described

1 Aternaria The natural habitat is ldquoA worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo The suitable substrates in theindoor environment include ldquoIndoors near condensation (window framesshowers) House dust (in carpets and air) Also colonizes buildingsupplies computer disks cosmetics leather optical instruments papersewage stone monuments textiles wood pulp and jet fuelrdquo The mode ofdissemination is ldquoAirbornerdquo The allergic potential includes ldquoAllergieshay fever hypersensitivity pneumonitis Alternaria is one of the most

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6

and sensitivity thresholds are not well known and can potentially varytremendously depending on various conditions and on the particular individualsEffects can also vary from species to species within a particular mold genusEPA OSHA NIOSH and other occupational health related associations in the UShave not yet to this date established permissible exposure levels (PEL)

recommended exposure limits (REL) or other limit values for aeroallergensPlease realize that the evaluation of onersquos specific results in terms of potentialhealth hazards and subsequent courses of action are beyond the scope of thelaboratory analysis Those requiring expert advisement on a particular situationshould retain the services of a professional IAQ consultant hellip FREQUENTLYASKED QUESTIONS hellip

8) Can we still live hererdquo

That is a difficult question to answer since there are no establishedlsquosafersquo levels of mold and more importantly individuals have dramatically different

resistances to mold If you received test results back and after looking up thosetypes of mold on our glossary of terms or used another resource and determinedthat there are some potentially harmful health affects associated with the mold youshould consult with your healthcare provider regarding further exposure Thefollowing questions may help you answer that question

a) How wide spread is the contamination Is it inside a cabinet Or is it inside awall cavity or under the entire carpet pad If it is a small area you cancloseseal it off until it can be cleaned properly by a professional If thecontamination is wide spread or you do not know the extent of thecontamination you should probably contact a professional in your area foradvice

b) Do any of the occupantrsquos fall into the particularly susceptible group like persons with existing respiratory disorders the young the elderly or the immunesuppressed If so it is recommended to err on the side of caution anddiscontinue any possible exposure of these individuals

c) Is the mold airborne Is the mold in an occupied area If you received a labreport back from tape lifts and the types of mold listed have potential healthaffects associated with it we recommend contacting a professional in your localarea to take air samples for you A professional must take air samples becausespecialized equipment is used Having air samples taken will let you know ifthe mold you sent in on the tape lifts has contaminated the air We highlyrecommend having an Exterioroutdoor sample taken at approximately thesame time the interior samples are taken so you will know what is considerednormal for your area this time of year

d) Have you been experiencing any health problems that you think may be due tomold exposurehttpwwwepagovmoldhttpwwwdshsstatetxusmoldrdquo

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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3

Where the lab report documented the presence of Ascospores AlternariaUlocladium and insect fragments in the indoors sample they were not present inthe outdoors sample I would later perform additional petrie dish samplings whichcontinued to yield the presence of the above andor more types of mold sporesincluding but not limited to Geotrichum which also is not documented in the

outdoors sample Because it is the nature of mold spores to float in colonies on aircurrents it was my guess that none of the reports were completely accurateespecially as it related to my entire apartment

According to the laboratory that prepared my mold inspectors report

ldquoSpore traps are commercially available sampling devices that capture airborne particles on an adhesive slide Air is pulled through the device using a vacuum pump Spores as well as other airborne particles are impacted on thecollection adhesive Using spore trap collection methods has inherentlimitations These collection methods are biased towards larger spore sizes

The analysis for total spore counts is a direct microscopic examination anddoes not include culturing or growing the fungi Therefore the results include both viable and non-viable spores Some fungal groups produce similar sporetypes that cannot be distinguished by direct microscopic examination alone(ie AspergillusPenicillium and others) Other spore types may lackdistinguishing features that aid in their identification These types are groupedinto larger categories such as Ascospores or Basidiosporesrdquo

And then there is the fact that the mold reports were not just documenting the presence of just one or two mold types They were documenting the presence ofseveral mold types of which all of their combined affects as in the case of theAlternaria Cladosporium or Ulocladium should have been taken into accountEspecially considering the fact that some of the individual descriptions from mymold inspectorrsquos report included but were not limited to the following

1 Alternaria In addition to the above Alternaria is ldquoTypically found on planttissue decaying wood and foods Soil Air outdoors hellip Indoors nearcondensation (window frames showers) House dust (in carpets and air)rdquoMode of dissemination is ldquoWindrdquo Its allergic potential is ldquoType I allergies(hay fever asthma) Type III (hypersensitivity pneumonitis)rdquo Potential oropportunistic pathogens include ldquoPhaeohyphomycosis causing cysticgranulomas in the skin and subcutaneous tissue In immunocompetent patients Alternaria colonizes the paranasal sinuses leading to chronichypertrophic sinusitisrdquo Potential toxins produced are ldquoAlternariol (AOH)Alternariol monomethylether (AME) Tenuazonic acid (TeA) Alteuene(ALT) Altertoxins (ATX)rdquo

2 Ascospores ldquoAll ascospores belong to members of the PhylumAsomycota which encompasses a plethora of genera worldwiderdquo Modeof dissemination includes ldquowind or insectsrdquo Other aspects of the

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4

description ldquoDepends on genus and speciesrdquo3 AspergillusPenicillium ldquoPrevalent in water damaged buildings hellip House

dust helliprdquo Mode of dissemination is ldquoWind insectsrdquo Allergic potential isldquoType I (hay fever asthma) Type III (hypersensitivity)rdquo ldquoSpores ofAspergillus and Penicillium (including others such as Acremonium and

Paecilomyces) are small and spherical with few distinguishingcharacteristics They cannot be differentiated or speciated by non-viableimpaction sampling methods Some species with very small spores may beundercounted in samples with high background debrisrdquo The backgrounddebris on a scale of 1-5 were 3 in my apartment and outside according tomy mold inspectorrsquos report

4 Basidiospores Can be found on ldquowood productsrdquo etc Mode ofdissemination includes ldquowind currentsrdquo The allergic potential is ldquoType Iallergies (hay fever asthma) Type III (hypersensitivity pneumonitis)rdquoPotential toxins produced include ldquoAmanitins monomethyl-hydrazinemuscarine ibotenic acid psilocybinrdquo ldquoBasidiospores belong to the

members of the Phylum Basidiomycota which includes mushrooms shelffungi rusts and smutsrdquo5 Cladosporium Its natural habitat is ldquoDead plant matter Straw Soil

Woody plantsrdquo And can be found indoors on ldquoFiberglass duct linerPaint Textiles Found in high concentration in water damaged buildingmaterialsrdquo Mode of dissemination is ldquoAirrdquo The allergic potential isldquoType I (asthma and hay fever)rdquo The potential or opportunistic pathogensare ldquoEdema keratitis onychomycosis pulmonary infections SinusitisrdquoPotential toxins produced are ldquoCladosporin and Emodinrdquo

6 Myxomycetes++ Its natural habitat is ldquoDecaying logs Dead leaves DungLawns Mulched flower beds Lawnsrdquo And indoors it may be found onldquoRotting lumberrdquo Mode of dissemination is ldquoInsects Water Windrdquo Theallergic potential is ldquoType Irdquo

7 Ulocladium In the indoor environment Ulocladium is found onldquoWallboard jute paper wood textiles Good indicator of water damagerdquoMode of I returned to the Health Department with the photographs in handand requested another inspection this time of the frontfront side of the building dissemination is ldquoWindrdquo The allergic potential is ldquoHay feverasthmardquo Etc

The additional reports described

1 Aternaria The natural habitat is ldquoA worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo The suitable substrates in theindoor environment include ldquoIndoors near condensation (window framesshowers) House dust (in carpets and air) Also colonizes buildingsupplies computer disks cosmetics leather optical instruments papersewage stone monuments textiles wood pulp and jet fuelrdquo The mode ofdissemination is ldquoAirbornerdquo The allergic potential includes ldquoAllergieshay fever hypersensitivity pneumonitis Alternaria is one of the most

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6

and sensitivity thresholds are not well known and can potentially varytremendously depending on various conditions and on the particular individualsEffects can also vary from species to species within a particular mold genusEPA OSHA NIOSH and other occupational health related associations in the UShave not yet to this date established permissible exposure levels (PEL)

recommended exposure limits (REL) or other limit values for aeroallergensPlease realize that the evaluation of onersquos specific results in terms of potentialhealth hazards and subsequent courses of action are beyond the scope of thelaboratory analysis Those requiring expert advisement on a particular situationshould retain the services of a professional IAQ consultant hellip FREQUENTLYASKED QUESTIONS hellip

8) Can we still live hererdquo

That is a difficult question to answer since there are no establishedlsquosafersquo levels of mold and more importantly individuals have dramatically different

resistances to mold If you received test results back and after looking up thosetypes of mold on our glossary of terms or used another resource and determinedthat there are some potentially harmful health affects associated with the mold youshould consult with your healthcare provider regarding further exposure Thefollowing questions may help you answer that question

a) How wide spread is the contamination Is it inside a cabinet Or is it inside awall cavity or under the entire carpet pad If it is a small area you cancloseseal it off until it can be cleaned properly by a professional If thecontamination is wide spread or you do not know the extent of thecontamination you should probably contact a professional in your area foradvice

b) Do any of the occupantrsquos fall into the particularly susceptible group like persons with existing respiratory disorders the young the elderly or the immunesuppressed If so it is recommended to err on the side of caution anddiscontinue any possible exposure of these individuals

c) Is the mold airborne Is the mold in an occupied area If you received a labreport back from tape lifts and the types of mold listed have potential healthaffects associated with it we recommend contacting a professional in your localarea to take air samples for you A professional must take air samples becausespecialized equipment is used Having air samples taken will let you know ifthe mold you sent in on the tape lifts has contaminated the air We highlyrecommend having an Exterioroutdoor sample taken at approximately thesame time the interior samples are taken so you will know what is considerednormal for your area this time of year

d) Have you been experiencing any health problems that you think may be due tomold exposurehttpwwwepagovmoldhttpwwwdshsstatetxusmoldrdquo

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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3

Where the lab report documented the presence of Ascospores AlternariaUlocladium and insect fragments in the indoors sample they were not present inthe outdoors sample I would later perform additional petrie dish samplings whichcontinued to yield the presence of the above andor more types of mold sporesincluding but not limited to Geotrichum which also is not documented in the

outdoors sample Because it is the nature of mold spores to float in colonies on aircurrents it was my guess that none of the reports were completely accurateespecially as it related to my entire apartment

According to the laboratory that prepared my mold inspectors report

ldquoSpore traps are commercially available sampling devices that capture airborne particles on an adhesive slide Air is pulled through the device using a vacuum pump Spores as well as other airborne particles are impacted on thecollection adhesive Using spore trap collection methods has inherentlimitations These collection methods are biased towards larger spore sizes

The analysis for total spore counts is a direct microscopic examination anddoes not include culturing or growing the fungi Therefore the results include both viable and non-viable spores Some fungal groups produce similar sporetypes that cannot be distinguished by direct microscopic examination alone(ie AspergillusPenicillium and others) Other spore types may lackdistinguishing features that aid in their identification These types are groupedinto larger categories such as Ascospores or Basidiosporesrdquo

And then there is the fact that the mold reports were not just documenting the presence of just one or two mold types They were documenting the presence ofseveral mold types of which all of their combined affects as in the case of theAlternaria Cladosporium or Ulocladium should have been taken into accountEspecially considering the fact that some of the individual descriptions from mymold inspectorrsquos report included but were not limited to the following

1 Alternaria In addition to the above Alternaria is ldquoTypically found on planttissue decaying wood and foods Soil Air outdoors hellip Indoors nearcondensation (window frames showers) House dust (in carpets and air)rdquoMode of dissemination is ldquoWindrdquo Its allergic potential is ldquoType I allergies(hay fever asthma) Type III (hypersensitivity pneumonitis)rdquo Potential oropportunistic pathogens include ldquoPhaeohyphomycosis causing cysticgranulomas in the skin and subcutaneous tissue In immunocompetent patients Alternaria colonizes the paranasal sinuses leading to chronichypertrophic sinusitisrdquo Potential toxins produced are ldquoAlternariol (AOH)Alternariol monomethylether (AME) Tenuazonic acid (TeA) Alteuene(ALT) Altertoxins (ATX)rdquo

2 Ascospores ldquoAll ascospores belong to members of the PhylumAsomycota which encompasses a plethora of genera worldwiderdquo Modeof dissemination includes ldquowind or insectsrdquo Other aspects of the

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4

description ldquoDepends on genus and speciesrdquo3 AspergillusPenicillium ldquoPrevalent in water damaged buildings hellip House

dust helliprdquo Mode of dissemination is ldquoWind insectsrdquo Allergic potential isldquoType I (hay fever asthma) Type III (hypersensitivity)rdquo ldquoSpores ofAspergillus and Penicillium (including others such as Acremonium and

Paecilomyces) are small and spherical with few distinguishingcharacteristics They cannot be differentiated or speciated by non-viableimpaction sampling methods Some species with very small spores may beundercounted in samples with high background debrisrdquo The backgrounddebris on a scale of 1-5 were 3 in my apartment and outside according tomy mold inspectorrsquos report

4 Basidiospores Can be found on ldquowood productsrdquo etc Mode ofdissemination includes ldquowind currentsrdquo The allergic potential is ldquoType Iallergies (hay fever asthma) Type III (hypersensitivity pneumonitis)rdquoPotential toxins produced include ldquoAmanitins monomethyl-hydrazinemuscarine ibotenic acid psilocybinrdquo ldquoBasidiospores belong to the

members of the Phylum Basidiomycota which includes mushrooms shelffungi rusts and smutsrdquo5 Cladosporium Its natural habitat is ldquoDead plant matter Straw Soil

Woody plantsrdquo And can be found indoors on ldquoFiberglass duct linerPaint Textiles Found in high concentration in water damaged buildingmaterialsrdquo Mode of dissemination is ldquoAirrdquo The allergic potential isldquoType I (asthma and hay fever)rdquo The potential or opportunistic pathogensare ldquoEdema keratitis onychomycosis pulmonary infections SinusitisrdquoPotential toxins produced are ldquoCladosporin and Emodinrdquo

6 Myxomycetes++ Its natural habitat is ldquoDecaying logs Dead leaves DungLawns Mulched flower beds Lawnsrdquo And indoors it may be found onldquoRotting lumberrdquo Mode of dissemination is ldquoInsects Water Windrdquo Theallergic potential is ldquoType Irdquo

7 Ulocladium In the indoor environment Ulocladium is found onldquoWallboard jute paper wood textiles Good indicator of water damagerdquoMode of I returned to the Health Department with the photographs in handand requested another inspection this time of the frontfront side of the building dissemination is ldquoWindrdquo The allergic potential is ldquoHay feverasthmardquo Etc

The additional reports described

1 Aternaria The natural habitat is ldquoA worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo The suitable substrates in theindoor environment include ldquoIndoors near condensation (window framesshowers) House dust (in carpets and air) Also colonizes buildingsupplies computer disks cosmetics leather optical instruments papersewage stone monuments textiles wood pulp and jet fuelrdquo The mode ofdissemination is ldquoAirbornerdquo The allergic potential includes ldquoAllergieshay fever hypersensitivity pneumonitis Alternaria is one of the most

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6

and sensitivity thresholds are not well known and can potentially varytremendously depending on various conditions and on the particular individualsEffects can also vary from species to species within a particular mold genusEPA OSHA NIOSH and other occupational health related associations in the UShave not yet to this date established permissible exposure levels (PEL)

recommended exposure limits (REL) or other limit values for aeroallergensPlease realize that the evaluation of onersquos specific results in terms of potentialhealth hazards and subsequent courses of action are beyond the scope of thelaboratory analysis Those requiring expert advisement on a particular situationshould retain the services of a professional IAQ consultant hellip FREQUENTLYASKED QUESTIONS hellip

8) Can we still live hererdquo

That is a difficult question to answer since there are no establishedlsquosafersquo levels of mold and more importantly individuals have dramatically different

resistances to mold If you received test results back and after looking up thosetypes of mold on our glossary of terms or used another resource and determinedthat there are some potentially harmful health affects associated with the mold youshould consult with your healthcare provider regarding further exposure Thefollowing questions may help you answer that question

a) How wide spread is the contamination Is it inside a cabinet Or is it inside awall cavity or under the entire carpet pad If it is a small area you cancloseseal it off until it can be cleaned properly by a professional If thecontamination is wide spread or you do not know the extent of thecontamination you should probably contact a professional in your area foradvice

b) Do any of the occupantrsquos fall into the particularly susceptible group like persons with existing respiratory disorders the young the elderly or the immunesuppressed If so it is recommended to err on the side of caution anddiscontinue any possible exposure of these individuals

c) Is the mold airborne Is the mold in an occupied area If you received a labreport back from tape lifts and the types of mold listed have potential healthaffects associated with it we recommend contacting a professional in your localarea to take air samples for you A professional must take air samples becausespecialized equipment is used Having air samples taken will let you know ifthe mold you sent in on the tape lifts has contaminated the air We highlyrecommend having an Exterioroutdoor sample taken at approximately thesame time the interior samples are taken so you will know what is considerednormal for your area this time of year

d) Have you been experiencing any health problems that you think may be due tomold exposurehttpwwwepagovmoldhttpwwwdshsstatetxusmoldrdquo

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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4

description ldquoDepends on genus and speciesrdquo3 AspergillusPenicillium ldquoPrevalent in water damaged buildings hellip House

dust helliprdquo Mode of dissemination is ldquoWind insectsrdquo Allergic potential isldquoType I (hay fever asthma) Type III (hypersensitivity)rdquo ldquoSpores ofAspergillus and Penicillium (including others such as Acremonium and

Paecilomyces) are small and spherical with few distinguishingcharacteristics They cannot be differentiated or speciated by non-viableimpaction sampling methods Some species with very small spores may beundercounted in samples with high background debrisrdquo The backgrounddebris on a scale of 1-5 were 3 in my apartment and outside according tomy mold inspectorrsquos report

4 Basidiospores Can be found on ldquowood productsrdquo etc Mode ofdissemination includes ldquowind currentsrdquo The allergic potential is ldquoType Iallergies (hay fever asthma) Type III (hypersensitivity pneumonitis)rdquoPotential toxins produced include ldquoAmanitins monomethyl-hydrazinemuscarine ibotenic acid psilocybinrdquo ldquoBasidiospores belong to the

members of the Phylum Basidiomycota which includes mushrooms shelffungi rusts and smutsrdquo5 Cladosporium Its natural habitat is ldquoDead plant matter Straw Soil

Woody plantsrdquo And can be found indoors on ldquoFiberglass duct linerPaint Textiles Found in high concentration in water damaged buildingmaterialsrdquo Mode of dissemination is ldquoAirrdquo The allergic potential isldquoType I (asthma and hay fever)rdquo The potential or opportunistic pathogensare ldquoEdema keratitis onychomycosis pulmonary infections SinusitisrdquoPotential toxins produced are ldquoCladosporin and Emodinrdquo

6 Myxomycetes++ Its natural habitat is ldquoDecaying logs Dead leaves DungLawns Mulched flower beds Lawnsrdquo And indoors it may be found onldquoRotting lumberrdquo Mode of dissemination is ldquoInsects Water Windrdquo Theallergic potential is ldquoType Irdquo

7 Ulocladium In the indoor environment Ulocladium is found onldquoWallboard jute paper wood textiles Good indicator of water damagerdquoMode of I returned to the Health Department with the photographs in handand requested another inspection this time of the frontfront side of the building dissemination is ldquoWindrdquo The allergic potential is ldquoHay feverasthmardquo Etc

The additional reports described

1 Aternaria The natural habitat is ldquoA worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo The suitable substrates in theindoor environment include ldquoIndoors near condensation (window framesshowers) House dust (in carpets and air) Also colonizes buildingsupplies computer disks cosmetics leather optical instruments papersewage stone monuments textiles wood pulp and jet fuelrdquo The mode ofdissemination is ldquoAirbornerdquo The allergic potential includes ldquoAllergieshay fever hypersensitivity pneumonitis Alternaria is one of the most

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6

and sensitivity thresholds are not well known and can potentially varytremendously depending on various conditions and on the particular individualsEffects can also vary from species to species within a particular mold genusEPA OSHA NIOSH and other occupational health related associations in the UShave not yet to this date established permissible exposure levels (PEL)

recommended exposure limits (REL) or other limit values for aeroallergensPlease realize that the evaluation of onersquos specific results in terms of potentialhealth hazards and subsequent courses of action are beyond the scope of thelaboratory analysis Those requiring expert advisement on a particular situationshould retain the services of a professional IAQ consultant hellip FREQUENTLYASKED QUESTIONS hellip

8) Can we still live hererdquo

That is a difficult question to answer since there are no establishedlsquosafersquo levels of mold and more importantly individuals have dramatically different

resistances to mold If you received test results back and after looking up thosetypes of mold on our glossary of terms or used another resource and determinedthat there are some potentially harmful health affects associated with the mold youshould consult with your healthcare provider regarding further exposure Thefollowing questions may help you answer that question

a) How wide spread is the contamination Is it inside a cabinet Or is it inside awall cavity or under the entire carpet pad If it is a small area you cancloseseal it off until it can be cleaned properly by a professional If thecontamination is wide spread or you do not know the extent of thecontamination you should probably contact a professional in your area foradvice

b) Do any of the occupantrsquos fall into the particularly susceptible group like persons with existing respiratory disorders the young the elderly or the immunesuppressed If so it is recommended to err on the side of caution anddiscontinue any possible exposure of these individuals

c) Is the mold airborne Is the mold in an occupied area If you received a labreport back from tape lifts and the types of mold listed have potential healthaffects associated with it we recommend contacting a professional in your localarea to take air samples for you A professional must take air samples becausespecialized equipment is used Having air samples taken will let you know ifthe mold you sent in on the tape lifts has contaminated the air We highlyrecommend having an Exterioroutdoor sample taken at approximately thesame time the interior samples are taken so you will know what is considerednormal for your area this time of year

d) Have you been experiencing any health problems that you think may be due tomold exposurehttpwwwepagovmoldhttpwwwdshsstatetxusmoldrdquo

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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6

and sensitivity thresholds are not well known and can potentially varytremendously depending on various conditions and on the particular individualsEffects can also vary from species to species within a particular mold genusEPA OSHA NIOSH and other occupational health related associations in the UShave not yet to this date established permissible exposure levels (PEL)

recommended exposure limits (REL) or other limit values for aeroallergensPlease realize that the evaluation of onersquos specific results in terms of potentialhealth hazards and subsequent courses of action are beyond the scope of thelaboratory analysis Those requiring expert advisement on a particular situationshould retain the services of a professional IAQ consultant hellip FREQUENTLYASKED QUESTIONS hellip

8) Can we still live hererdquo

That is a difficult question to answer since there are no establishedlsquosafersquo levels of mold and more importantly individuals have dramatically different

resistances to mold If you received test results back and after looking up thosetypes of mold on our glossary of terms or used another resource and determinedthat there are some potentially harmful health affects associated with the mold youshould consult with your healthcare provider regarding further exposure Thefollowing questions may help you answer that question

a) How wide spread is the contamination Is it inside a cabinet Or is it inside awall cavity or under the entire carpet pad If it is a small area you cancloseseal it off until it can be cleaned properly by a professional If thecontamination is wide spread or you do not know the extent of thecontamination you should probably contact a professional in your area foradvice

b) Do any of the occupantrsquos fall into the particularly susceptible group like persons with existing respiratory disorders the young the elderly or the immunesuppressed If so it is recommended to err on the side of caution anddiscontinue any possible exposure of these individuals

c) Is the mold airborne Is the mold in an occupied area If you received a labreport back from tape lifts and the types of mold listed have potential healthaffects associated with it we recommend contacting a professional in your localarea to take air samples for you A professional must take air samples becausespecialized equipment is used Having air samples taken will let you know ifthe mold you sent in on the tape lifts has contaminated the air We highlyrecommend having an Exterioroutdoor sample taken at approximately thesame time the interior samples are taken so you will know what is considerednormal for your area this time of year

d) Have you been experiencing any health problems that you think may be due tomold exposurehttpwwwepagovmoldhttpwwwdshsstatetxusmoldrdquo

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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6

and sensitivity thresholds are not well known and can potentially varytremendously depending on various conditions and on the particular individualsEffects can also vary from species to species within a particular mold genusEPA OSHA NIOSH and other occupational health related associations in the UShave not yet to this date established permissible exposure levels (PEL)

recommended exposure limits (REL) or other limit values for aeroallergensPlease realize that the evaluation of onersquos specific results in terms of potentialhealth hazards and subsequent courses of action are beyond the scope of thelaboratory analysis Those requiring expert advisement on a particular situationshould retain the services of a professional IAQ consultant hellip FREQUENTLYASKED QUESTIONS hellip

8) Can we still live hererdquo

That is a difficult question to answer since there are no establishedlsquosafersquo levels of mold and more importantly individuals have dramatically different

resistances to mold If you received test results back and after looking up thosetypes of mold on our glossary of terms or used another resource and determinedthat there are some potentially harmful health affects associated with the mold youshould consult with your healthcare provider regarding further exposure Thefollowing questions may help you answer that question

a) How wide spread is the contamination Is it inside a cabinet Or is it inside awall cavity or under the entire carpet pad If it is a small area you cancloseseal it off until it can be cleaned properly by a professional If thecontamination is wide spread or you do not know the extent of thecontamination you should probably contact a professional in your area foradvice

b) Do any of the occupantrsquos fall into the particularly susceptible group like persons with existing respiratory disorders the young the elderly or the immunesuppressed If so it is recommended to err on the side of caution anddiscontinue any possible exposure of these individuals

c) Is the mold airborne Is the mold in an occupied area If you received a labreport back from tape lifts and the types of mold listed have potential healthaffects associated with it we recommend contacting a professional in your localarea to take air samples for you A professional must take air samples becausespecialized equipment is used Having air samples taken will let you know ifthe mold you sent in on the tape lifts has contaminated the air We highlyrecommend having an Exterioroutdoor sample taken at approximately thesame time the interior samples are taken so you will know what is considerednormal for your area this time of year

d) Have you been experiencing any health problems that you think may be due tomold exposurehttpwwwepagovmoldhttpwwwdshsstatetxusmoldrdquo

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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7

Company 2

ldquohellip Fungal spores are found everywhere Whether or not symptoms develop in people exposed to fungi depends on the nature of the fungal material (egallergenic toxic or infectious) the exposure level and the susceptibility of

exposed persons Susceptibility varies with the genetic predisposition (eg allergicreactions do not always occur in all individuals) age pre-existing medicalconditions (eg diabetes cancer or chronic lung conditions) use ofimmunosuppressive drugs and concurrent exposures These reasons make itdifficult to identify doseresponse relationships that are required to establish ldquosaferdquoor ldquounsaferdquo levels (ie permissible exposure limits)

It is generally accepted in the industry that indoor fungal growth is undesirable andinappropriate necessitating removal or other appropriate remedial actions The New York City guidelines and EPA guidelines for mold remediation in schools andcommercial buildings define the conditions warranting mold remediation Always

remember that water is the key Preventing water damage or water condensationwill prevent mold growth

This report is not intended to provide medical advice or advice concerning therelative safety of an occupied space Always consult an occupational orenvironmental health physician who has experience addressing indoor aircontaminants if you have any questionsrdquo

Company 3

ldquo1 Understanding the ResultsThis report represents semi-quantitative results of the hellip Test Kit that wassubmitted to us Each test represents a ldquosnapshot in timerdquo of a small area of thehome or other area tested to determine the presence of viable mold spores Theresults may not be indicative of the conditions throughout the entire home or building Furthermore conditions may have changed during the time between thetesting of the area and the receipt of the results The presence of active moldgrowth on building materials in the home should be addressed immediately

Mold needs water to grow so it is important to prevent moisture or condensation problems in buildings Accumulation of water or excess condensation that goesunaddressed may result in mold growth Any sources of water should be addressedimmediately Moisture problems may be caused by improperly installed roofs plumbing windows landscaping or gutters that direct water into or onto the building Look for excess condensation in bathrooms and kitchens around woodwindow frames and behind insulating materials Mold contamination may behidden behind walls and wallpaper hellip

This test kit is not designed to determine any health effects or risk from exposure to

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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8

mold growing in your home If you or other family members are suffering fromhealth problems which you believe are related to mold exposure or indoor airquality please seek appropriate medical advice from an allergist or environmentalor occupational physician You may also want to consider hiring a qualified indoorair quality or industrial hygiene consultant to perform an indoor air quality

assessment of your home helliprdquo

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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10

and the Institution of Inspection Cleaning and Restoration Certification(IICRC) ldquoStandard amp Reference Guide for Professional Mold Remediationrdquo (IICRC-S520 2nd Edition 2008)

No accepted quantitative standards currently exist by which to assess the health

risks related to Mold exposure Molds have been associated with a variety ofhealth effects and sensitivity varies from person to person The most commonhealth effect resulting from Mold exposure is hay fever-like symptoms

IMPORTANT NOTE

All areas that require mold remediation should be abated (removed) only

by professional certified or licensed mold remediation companies in

controlled negative air containments and all containments should have

decontamination chambers in place to avoid possible cross-contamination

All activities MUST follow the EPA Guide for Mold Remediation in

Schools and Commercial Buildings and the IICRC S520 Guidelines forProfessional Mold Remediation

Any non-adherence to the above may result in cross contamination and

possible health risks and unnecessary exposure to contaminants if not

performed by a professional hellip

This report is not intended to guarantee that the subject site is not free fromconditions that could pose a threat to human health or safety Commonlyaccepted guidelines in the industrial hygiene industry maintain that theuncertainty inherent in Mold sampling precludes investigators fromdefinitively concluding or proving that an environment is ldquosaferdquo Howeverthese guidelines recognize that sampling and inspection findings may be usedto support the assumption that an environment presents conditions ofacceptable risk

If you have any questions regarding this report or require any additionalinformation please do not hesitate to contact our office If post-remediationassessment is desired please contact our office prior to the commencement ofremediation activities for scheduling purposes Thank you for the opportunityto address your environmental issuesrdquo

Instead Philip LanceCorydon Properties LLC chose to retaliate in violation ofthe law And after I called the Los Angeles Department of Public Health whichcited Corydon Properties LLC for violations (but failed to address the mold spore problem) Philip LanceCorydon Properties LLC to my surprise began to put thatretaliation in writing

The following correspondences between Philip LanceCorydon Properties LLCthe Corydon Properties attorney and myself document some of the events that

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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11

followed my January 2012 observation of mold in my apartment

(1) Philip LanceCorydon Properties LLCrsquos February 7 2012 fax

PAGE 1

Re Mold Investigation

Dear Ms Bates

In late December 2011 property manager ____ informed me that you wereconcerned about the possibility of mold in your apartment You wereconcerned because you noticed dark spots on the bathroom ceiling and on thegrout of the ceramic tile on the bathroom wall adjacent to the bathtub Youtold Mr ____ that you were worried about becoming ill as a result of possiblemold growth in your unit

In early January I personally inspected your until and noted what appeared to be common household mildew at the locations listed above My assuranceswere not sufficient to allay your fears and you insisted that I contract theservices of a certified mold inspector I did not believe that this was necessary because there was no sign of mold in your apartment nevertheless as acourtesy to you I engaged a mold inspector who produced the attached reportThe inspection cost $250 Some of the conclusions of the mold report includethe following

ldquoNo visible signs of mold growth or malodors indicative of mold growthwere observedrdquo

ldquoPack rat conditions were observed Many areas were not accessible forvisual inspectionrdquo

ldquoSeveral small dogs and cats were observedrdquo ldquoBathtub and tile were in acceptable conditionrdquo ldquoPlumbing access area appeared to be in acceptable conditionrdquo ldquoMoisture meter readings of the above selected building materials were

taken hellip and were above normal ranges for the wall immediatelyaround the showerbath area which is typical in bathrooms and is usuallythe result of water spraying from the showertub area during bathingactivitiesrdquo

The report noted the following recommendation

ldquoUnit should be cleaned and thoroughly re-inspected once all debris anddirt has been removedrdquo

Based upon this report I do not intend to proceed with any additional moldinvestigation or remediation unless additional information comes to light

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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12

however I am concerned about the ldquopack ratrdquo conditions which have been brought to light by the inspector These conditions are

PAGE 2

documented in a series of photos that accompanied the report I am alsoconcerned about the presence of multiple animals that are not permitted by theterms of your lease

As the owner of the subject property I have an obligation to all of the tenantsin the building and I could be held liable for failing to take actions to safeguardtheir welfare Therefore I am requesting that within the next 30 days youremoved all of the boxes and bags that are stacked in your apartment andrestore the unit to a normal habitation in which all of the walls and floors areaccessible to cleaning and inspection After this is complete I will instruct the building manager to prepare a plan to paint your apartment and to make any

other necessary repairs

Sincerely

Philip J LanceManaging MemberCorydon Properties LLC

[The boxes and pets that Philip LanceCorydon Properties LLC were referring towere present in my apartment prior to the October 2006 purchase of 1330 S WiltonPlace and at the time of Philip Lancersquos walk through prior to the purchase PhilipLanceCorydon Properties LLC made no complaints prior to my January 2012observation of mold in my apartment And even after Philip Lance as mentionedin the February 7 2012 fax inspected my apartment ldquoin early Januaryrdquo PhilipLanceCorydon Properties LLC still made no complaints If all of the supposeddirt mentioned in Philip LanceCorydon Properties LLCrsquos inspectorrsquos report had been present on the day of the October 2006 inspection I believe that it is highlyunlikely that Philip LanceCorydon Properties LLC would not have complained in2006 if not at some point thereafter In fact the only complaint as mention in thefax issued after my complaint to the Los Angeles Department of Public Healthwas based upon the mold inspectorrsquos report]

(2) My Dari Bates February 7 2012 response

I Received Notice 2712Dari Bates

Also I have had to pay for a mold inspection out of my pocket due to yourrefusal to allow the mold inspector you Mr Lance sent on or about Jan 16

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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13

2012 to test for mold in my apartment He took several pictures but did notest even though I was assured that the pictures were a required part of the processed I am willing to give you a copy of this report however I have overdrawn my credit card and must be reimbursed Dari Bates 2712

(3) Philip LanceCorydon Properties LLCrsquos February 11 2012 fax

February 11 2011 (wrong year)

I have received the note that you faxed to me on February 7th Please note thefollowing

1) The note from your doctor stating that dogs are beneficial to your mentalhealth does not give you the right to have dogs in your apartment This isa right that only the owner of the building can grant

2) As I explained in the previous letter I have exercised my due diligencewith respect to your fear about mold in your apartment The resultinginvestigation did not find any evidence of mold in your unit or any reasonfor additional testing If you have any such evidence please forward it tome as soon as possible

Sincerely

Philip J LanceCorydon Properties LLC (hand written)

[The ldquonote from your doctorrdquo that Philip LanceCorydon Properties LLC wasreferring to was issued by Thomas A Curtis MD on April 28 2005 Underldquoremarksrdquo it reads ldquoIt is recommended Ms Bates be allowed to keep her animalsThey are psychiatrically beneficial to herrdquo Dr Curtisrsquo note is evidence that I wasin possession of pets prior to Philip Lancersquos walk through and prior to the October2006 purchase of the property]

(4) My Dari Bates February 13 2012 response

PAGE 1

Re February 7 2012 Notice Mold Issue

Per your February 7 2012 Notice which did not include an attached MoldReport or its accompanying photographs and no Mold Report was ever provided to me Apartment manager Mr ____ informed you of my observationof mold in my apartment and my request for a professional mold inspectiondue to health concerns In response Mr ____ whom I observed in immediate

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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14

telephone communication with you following my verbal notice to himregarding the matter informed me that you were going to make some calls toobtain estimates I received a telephone call from Mr ____ on SaturdayJanuary 7 2012 informing me that you wanted to arrange an appointment tovisit my apartment on Monday January 9 2012 Your February 7 2012

Notice documents your January 9 2012 visit as follows

ldquoIn early January I personally inspected your until (assume typing error tomean unit) and noted what appeared to be common household mildew at thelocations listed above My assurances were not sufficient to allay your fearsand you insisted that I contract the services of a certified mold inspector I didnot believe that this was necessary because there was no sign of mold in yourapartment nevertheless as a courtesy to you I engaged a mold inspector who produced the attached reportrdquo

The ldquolocations listed aboverdquo refer to your documentation in paragraph one of

your February 7 2012 Notice

ldquoYou were concerned because you noticed dark spots on the bathroom ceilingand on the grout of the ceramic tile on the bathroom wall adjacent to the bathtubrdquo

During your inspection of my apartment I drew your attention to the moldsmell in my apartment which you acknowledged In addition to your statedobservations I also showed you what I informed you was some newlyappearing black colored mold (after my original notice to Mr ____) whichappeared to be coming out from under the chalking sealing the tub at severallocations and I commented that it appeared to be coming out of the wall Atsome point you commented that you would have to make some calls to seehow to handle the problem because it may have been something that could beldquodug outrdquo I requested that whom ever you would send be a professional moldcompany

PAGE 2

Shortly after you left my apartment I telephoned Mr ____ to inform him ofmy schedule During that short conversation Mr ____ asked me if I wouldmind if the glass doors to my tub were replaced with shower curtains I toldMr ____ that I preferred the glass doors As I left the premises about 20-30minutes after you left my apartment I passed you and Mr ____ still talkingin the front area of the premises of 1330 S Wilton Place

The next time I heard anything about the mold being taken care of was whenMr ____ informed me on Friday January 13 2012 that the plumber who had been in my apartment on Thursday January 12 2012 was going to be coming back on Saturday January 14 2012 to cut out a piece of the dry wall to have it

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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15

tested for mold I expressed my concern to Mr ____ that because we clearlydid not know the state of the mold situation on the other side of the wall the plumber a non-mold professional could be exposing the apartment to further problems and once again I requested that you Mr Lance send a professionalmold inspector

On Saturday January 14 2012 Mr ____ informed me that a professionalmold company which had been contacted would be calling me to set anappointment Someone called from Mold Masters on Sunday I informed the person of my availability and that I needed the inspection as soon as possibleAnd that I was even available that day The man on the telephone said that noone could come on Sunday however someone would call on Monday orTuesday to arrange a time

A man from the mold company left a message on my telephone answeringservice on Monday January 16 2012 while I was away from the apartment

He said his name was Joe and he was prepared to do the inspection thatmorning I returned the call and informed Joe that I was not at the apartmentHowever I would need time to return and we could do the inspection at anagreed upon time of 200pm that same day I arrived at my apartment a fewminutes to 200pm

I walked the mold inspector through the rooms pointing out where I had seenmold the water stainsdiscolorationdamage andor ceiling bulges etc in theapartment I took the inspector to the kitchen where I asked him to look intothe trap door area under the kitchen cabinet which leads to the bathroom plumbing And I specifically requested that the air be checked in this area asit led to the bathroom wall where I originally sighted the mold which wascoming out from under the chalking of the tub and appeared to be coming outof the wall on the day of my verbal report to Mr ____

I had already removed bags etc which were normally in that area in front ofthe cabinet door to provide easy access for the inspector The inspector lookedinto the virtually empty cabinet then asked me to remove all of the items in thecabinet two bags of bagged items I walked pass him and quickly removed thetwo bags I turned to allow the inspector back into the space only to realizethat he had left the kitchen I immediately went to find him I discovered theinspector in one of the bedrooms taking photographs of the items in the bedroom I confronted the inspector asking him what he was doing as no onehad informed me that anyone would be taking photographs of the

PAGE 3

apartment itself As I noted an immediate change in what previously appearedto be a professional attitude the inspector informed me that those photographswere a required part of the process Aware that I had not cleared any such

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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17

place looks like it has not been cleaned in 30 yearsrdquo Once again I inquiredabout having the air in my apartment tested

PAGE 4

The inspector left my apartment When the inspector returned he said thatyou Mr Lance would not allow Mold Masters to perform any kind of moldtests I expressed at this point my heightened concern to the mold inspectorthat you Mr Lance would have Mold Masters come into my apartment totake photographs yet refuse to allow them to perform any kind of mold testsnot even an air test Yet per your February 7 2012 Notice supposedly thiswas the very purpose of your ldquocourtesyrdquo to me to engage a mold inspectorDue to your refusal to allow the mold inspector to test for mold Iimmediately informed Mr ____ to inform you of my intention to acquire a professional mold inspection As I informed you on February 7 2012

ldquoI have had to pay for a mold inspection out of my pocket due to your refusalto allow the mold inspector you Mr Lance sent on or about Jan 16 2012 totest for mold in my apartment He took several pictures but did no testeventhough I was assured that the pictures were a required part of the processed (error meaning process) I am willing to give you a copy of thisreport however I have over drawn my credit card and must be reimbursedrdquo

Your February 7 2012 Notice also states that I am in violation of the termsof my lease Because I am currently unable to locate my lease agreement I amrequesting a copy of the lease agreement so that I may review it As it hasnever been my intention to intentionally violate any portion of the leaseagreement

Additionally as of this February 13 2012 date I am making you aware of thefollowing

After (1) having informed you well over 30 days ago about my observation ofmold in my apartment and requesting a professional mold inspection (2) yourrefusal to allow the mold inspector you acquired or any other professionalmold company you could have acquired within this time to perform any kindof test for mold in my apartment on January 16 2012 or any time thereafter(3) your expressed intentions referring to the Mold Masters Report per yourFebruary 7 2012 Notice issued one week ago to do nothing further regardingthe mold issue ldquoBased upon this report I do not intend to proceed with anyadditional mold investigation or remediationrdquo and (4) my receipt of no furthercommunication stating otherwise as of Saturday February 11 2012 I have begun and intend to continue to spray cans of mold preventioncontrol spray inan effort to attempt to improve the state of the air quality in my apartment

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

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c

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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18

(5) My Dari Bates February 27 2012 note to Philip Lance written on page one ofthe January19 2012 lab report

I informed the manager and verified that you Mr Lance were informed of theresults of this test as to presence of mold in my apartment within one week of

the date on this report I am once again requesting reimbursement of the costof $33000 Copy of lease

(6) My Dari Bates March 4 2012 letter

I was given a verbal message from you by manager ____ on TuesdayFebruary 28 2012 regarding (1) the reimbursement of $33000 for my cost inacquiring a mold inspection on January 17 2012 and (2) repairs in myapartment

There appears to be some kind of mistake in the message as it does not makesense in light of (1) your verbal agreement as conveyed to me by Mr ____onor about Monday February 27 2012 to reimburse me for the cost of themold inspection and (2) your prior notice regarding the repairs

Based upon that agreement I supplied you with my copy of a mold reportwhich exhibits the documentation of the presence of mold in my apartment Iam therefore once again requesting that you reimburse the cost of the January17 2012 inspection ($33000) As for the repairs I welcome any repairs youwish to make regarding my apartment

If I have misinterpreted any of your verbal messages as conveyed by Mr ____ please inform me as such However in and attempt to avoid any mis-messages or misunderstandings in the future I am requesting that you makeany and all further communications in writing only

Because you state that I am in violation of my lease agreement once again Iam requesting a copy of my lease agreement so that I may review it as it is notmy intention to violate it As I have previously informed you I am unable tolocate my copy

(7) Philip LanceCorydon Properties LLCrsquos March 7 2012 response

1) I do not have a copy of your lease and therefore I cannot make it available toyou I was not given a copy of the lease when I purchased the property

2) Concerning your request that I reimburse you for a mold report that showsthat there is no mold in your unit I will not reimburse you for this expense because I did not authorize it and because I had already paid for a mold report

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 3061

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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19

(as a courtesy to you) that concluded that there was no mold in your unit I failto understand why you believe that I would reimburse you for a report that wasnot necessary and that concludes something that I already knew

3) If there are any conditions in your report that require repair please put these

in writing and forward them to me via resident manager ____

4) Please accept this letter as notice that Mr ____ and a repair man will beentering your unit to inspect the bathroom ceiling which may requirerepainting Mr ____ will coordinate this repair with you in order to avoidinconveniencing you

5) Finally as a result of the mold inspection last month it has come to myattention that you are using your apartment as a storage space and thathoarding conditions are present in your apartment which may present a safetyand health danger to the property and to the other tenants and which could

result in the cancellation of insurance for the property Now that I have been put on notice of this situation I am obligated to correct this situation It would be very helpful if you could restore your apartment to acceptable conditions assoon as possible in order to avoid the consequence of further action on my partThis is the second time I have given you written notice about this problem

Sincerely

Philip J Lance for Corydon Properties LLC

[Philip Lancersquos 4 was in reference to the County of Los Angeles Department ofPublic Healthrsquos February 1 2012 Inspection Report documenting the inspectorrsquosobservation of ldquoseveral unidentified blackgray spots on bathroom ceilingrdquo and thecompliance date of February 22 2012 A date by the time of his March 7 2012response Philip LanceCorydon Properties LLC had already missed Therepairman would eventually come in and ldquopaint overrdquo the ldquounidentified blackgrayspotsrdquo that even Philip Lance had claimed in his February 7 2012 fax wereldquocommon household mildewrdquo (mold) An observation that even CorydonProperties LLCrsquos mold inspector who claimed ldquoNo visible signs of mold growth ormalodors indicative of mold growth were observedrdquo failed to document in hisJanuary 16 2012 reportrdquo]

(8) My Dari Bates May 3 2012 letter

PAGE 1

I requested previously a reimbursement for the cost of a mold inspection (Jan2012) You agreed to reimburse me if I produced evidence of mold in thereport I produced such a report Then you dispite your ldquowordrdquo issued the

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

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c

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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20

following statement ldquo(2) Concerning your request that I reimburse you for amold report that shows that there is no mold in your unit I will not reimburseyou for this expense because I did not authorize it and because I had already paid for a mold report (as a courtesy to you) that concluded that there was nomold in your unit I fail to understand why you believe that I would reimburse

you for a report that was not necessary and that concludes something that Ialready knewrdquo

PAGE 2

Per your agreement I am deducting the cost of the January 2012 moldinspection I am also deducting the cost of four mold tests and threeadditional lab test results which all clearly show the presence of mold sporesin the air in my apartment

I am also including the copies as proofTotal $47000 (round off)

Rent Due $19700I am once again asking that you Mr Lance do whatever is necessary tocorrect the moldmold spore problem in my apartment

And as I previously stated any and all repairs you wish to make regardingmy apartment will be greatly appreciated Of course any and all repairsregarding the moldmold spore problem are of the most importance as the present a danger to health and safety

[Attached to the May 3 2012 letter were the lab results of three petrie dishsamples]

(9) May 79 2012 ldquo24 Hour Notice To Enter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 11 2012 between 9am and 10am for the reason set forth in the checkednumbered item below hellip 2 Periodic property inspection hellip 4 Supplynecessary or agreed services

[I was verbally notified of the above on or about May 7 2012 and later received awritten notice in an envelope date stamped May 9 2012 It was signed by PhilipLance OwnerManager]

(10) May 11 2012 ldquoThree (3) Day Notice to Pay Rent or Quitrdquo

Within three days after the date of service of a copy of this notice upon youyou are required to

1 Pay the total delinquent rent due for the premises as stated above or

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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21

2 Quit and deliver up possession of the premises to the undersigned

IF YOU FAIL either to pay the total delinquent rent or quit possession ofthe premises within three days after the date of service of a copy of this noticelegal action will be instituted for possession of the premises for forfeiture of

the rental agreement and for such other damages as may be allowed by lawSuch legal action could result in a judgment against you which wouldinclude the costs attorneys fees and necessary disbursements allowed by law

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you

Landlord elects to declare forfeiture of your rental agreement This noticesupersedes all prior notices to pay rent or quit served upon you hellipDays on which rent may be paid Monday May 14 2012 hellip

Date May 11 2012 OwnerAgent Signature Philip Lance

[The Notice was hand delivered to me by Philip Lance who came to inspect theapartment again Because I naively believed in the appearance that help whichcould not get there before the filing of an Unlawful DetainerEviction might be onthe way I gave Philip LanceCorydon Properties LLC the balance of the rent]

(11) May 16 2012 letter from Philip LanceCorydon Properties LLCrsquos attorney

PAGE 1

TO DARI BATES

AND ALL OTHERS IN POSSESSION PLEASE TAKE NOTICE that you are in violation of the terms of

your rental agreement of the premises located in the City of Los AngelesCounty of Los Angeles State of California designated by the number andstreet as 1330 South Wilton Place 11

IN THAT you are in violation of the terms and obligations of your tenancy by which you hold possession of the subject premises

Specifically by way of illustration but not exclusion on or about May 112012 when Phillip Lance came to the premises to serve you with a 3-Day Notice to Pay Rent or Quit for your failure to pay rent he observed that yourunit was in a deplorable and packratlike condition Despite the fact that theconditions had previously existed in February 2012 and Mr Lance haddiscussed with you correcting these conditions the premises were still not properly maintained The conditions include but are not limited to anoffensive odor and extreme dirt as well as apparent hoarding of itemsincluding boxes and bags covering the entire kitchen in particular the stoveand counter tops as well as boxes and bags stacked floor to ceiling throughoutthe unit interfering with ingress and egress There is cutter and garbagethrough out the premises which creates waste and is a violation of local health

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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22

and safety fire codes and Los Angeles Municipal Code Sections Theseconditions are a festering ground for vermin rodents and insects and presents afire hazard which could result in higher insurance premiums or the cancellationof the insurance by the carrier of said property In addition to the foregoingthese conditions are interfering with the use and quiet enjoyment of the

premises by other residents creating an unreasonable nuisanceWITNESSES Phillip Lance and other residents who wish to remainanonymous at this time for fear of reprisals

The foregoing actions are a nuisance insomuch as they disturb and interferewith the use and quiet enjoyment of the surrounding premises by otherresidents violative of Fire Code Section 572103 LAMC Sections 572103and 572107 which require that all buildings or portions of buildings bemaintained in a neat orderly manner free from any condition that wouldcreate or contribute to a fire or lifesafety hazard LAMC Section 572103which requires that all buildings or portions of buildings be maintained in aneat orderly manner free from any conditions that would create or contribute to

a firelife safety hazard Los Angeles City Rent Stabilization OrdinanceSection 15109A(3) California Civil Code Section 3479 and California Codeof Civil Procedure Section 1161(4) in that you are engaging in

PAGE 2

maintaining and committing conduct which is indecent offensive harassingand annoying to the senses and are obstructing the free use of the subject andsurrounding premises so as to interfere with the comfortable enjoyment of the property by the owner of the premises and all others all in violation of thelease or rental agreement along with the aforementioned cited sections of thelaw

WITHIN THREE (3) DAYS after the service on you of this Notice youare hereby required to perform or otherwise comply with the above-mentionedconditions or QUIT AND DELIVER UP THE POSSESSION OF THEPREMISES In order to cure you must remove clean the premises and removethe offending items to restore the premises to a clean and sanitary conditionwith sufficient walkways to allow unfettered access throughout the interior ofthe unit and provide demonstrable evidence of same within the notice period

YOU ARE FURTHER NOTIFIED THAT the Lessor does hereby electto declare a forfeiture of your rental agreement under which you hold possession of the above-described premises if you fail to perform or otherwisecomply Lessor will institute legal proceedings for unlawful detainer againstyou to recover possession of said premises to declare said tenancy forfeitedand to recover rents and damages for the unlawful detention of said premises

Dated May 16 2012 By__________________Attorney for Landlord

LAW OFFICES OF FRED M SZKOLNIK

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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23

a law corporation

16311 Ventura Blvd 850

Encino CA 91436 hellip

(12) Philip LanceCorydon Properties LLCrsquos May 23 2012 ldquo24 Hour Notice ToEnter Dwelling Unit (CC 1954)rdquo

The owner ownerrsquos agent or ownerrsquos employees will enter said premises onMay 25 2012 between 10am and 1030am for the reason set forth in thechecked numbered item below hellip 1 To make necessary or agreed repairs 2Periodic property inspection

[This Notice was signed by Philip Lance OwnerManager It was in reference tothe County of Los Angeles Department of Public Healthrsquos May 23 2012 InspectionReport instructing Corydon Properties LLC to ldquo1) Repairreplace all water

damaged broken cracked missing peeling blistered sagging or deterioratedceilings or ceiling covering Observed brown water stains on ceiling at the bedroomrdquo The compliance date was June 13 2012

The County of Los Angeles Department of Public Healthrsquos May 23 2012inspection was triggered by my May 16 2012 complaint against PhilipLanceCorydon Properties LLC to the Los Angeles City Council President HerbWessonrsquos office approximately five months after my January 2012 observation ofmold in my apartment While at City Council President Herb Wessonrsquos office Ifilled out a Constituent Information Form which included the following

ldquoVisual Mold was observed in my apartment Jan 2012 Owner has refused to doanything to correct documented mold spore (airborne) in my apartment Norhas he done anything to determine the source of problem Health Departmentand Environmental Air Quality Departments ultimately claim there is nothingthey can do

However neither Department has done all they are required to do in accordancewith the law Owner has been retaliating since Jan 2012 including unjustlythreatening to evict me supposedly regarding what he after six years of nocomplaint determines to be unacceptable conditions Despite reports stating the presence of mold spores the owner has not notified any of the other tenantsrdquo]

(13) My Dari Bates May 30 2012 letter

PAGE 1

- On May 11 2012 you Mr Lance inspected my apartment In addition toyour own observations I made you aware of the following (1) Holes in the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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25

Philip Lance

(15) My Dari Bates June 1 2012 response

Received your 24 hr notice today Regarding 3 While I am not agreeing tohave carpet as a replacement for the flooring in my apartment as I originallyrequested your permission to remove the previous carpet because it was ahealth hazard and since then I have been informed that carpet is one of theworst type of flooring (for health) there is Having said that you are the ownerof this building If you wish to put carpet in my unit I will make the unitavailable Regarding 4 The unit is being as needed per your instructionsand assessment only as my concern is the mold

(16) My Dari Bates June 1 2012 letter (received 6312)

- It is my understanding that repairmen will be at my apartment starting at830am on this coming Wednesday and Thursday- I am request any and all displacement fees I am entitled to by law- It is also my understanding that the repairmen will move cover and replaceany property in their path

(17) Philip LanceCorydon Properties LLCrsquos June 4 2012 response through onsitemanager

Would you please let Ms Bates know that she does not need to vacate her uniton Wednesday night because the repairs and maintenance activities are routineand will not disrupt the habitability of the unit

Philip Lance6-4-2012

[On June 1 2012 representatives from two different companies arrived separatelyat the apartment and made quotes The first quote included ldquoINTERIORPAINTING 11 Walls 21 Ceilings (No closets inside) Doors ampframes Kitchen cabinets inout (Repair inside damages) Move amp Coverthe furnitures amp floors Patching all the holes or damagesSanding amp hellip primer where needed Complete 2 conts with SC Noneeded to open the inside ceiling for roof lick check hellip Wednesday 830 Am hellipThursday 830 Am hellip dollars (89000)rdquo

The second quote included ldquo(1) Painting the walls the Ceiling (2) hellip HoodFan for the kitchen= $68730 (3) Repair the Existing Cabinets job hellip onlyRepair (not to Replaced) (4) Repair Leakage in the Roof only if it is possible

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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28

My lease includes ldquothree adults two children and petsrdquo One of my petsdied April 2012 I believe it was mold related per mold report relating acertain type of mold spore found in my apartment to carcinoma in pets (EX211) As I informed you due to the displacement beginning in Jan 2012 Ihave misplaced several records However they are still in my possession and I

will be able to produce them at a later date if necessary I asked the owner fora copy of the lease He claims that he does not have it (EX 20)hellip I have been paying rent for an apartment I have not enjoyed andor livedin since Jan 2012 to some degree And slept in since

PAGE 4

May 2012 We are floating around (EX 1)As I also informed you I was responsible for moving a certain amount of

items including boxes to assist the painters who moved and attempted toreplace the rest As a result my stress related ldquototal bodyrdquo fibromyalgia was

physically etc aggravated even more As of this date I have been unable toreplace the several items I moved and clean up the ldquomessrdquo the painters madewhich includes readjusting the several boxes they attempted to replace

Overall the apartment is still a ldquomessrdquo due to the painting job itself The boxes which were once against the walls are now setting out from the walls asnot to cause a problem with the new paint which may be damaged by anything being placed against it

However I will have to do something hellip about the condition of theapartment because the Health Department will be returning to

PAGE 5

inspect the ceilings as the ownerrsquos deadline is June 13 2012 (EX 7) On thetwo previous occasions that the Health Department came the boxes were not ahazard (EX 715)

Concerned about the current state of my apartment I contacted moversabout taking the boxes and due to the ongoing retaliation and constructiveeviction (EX 2-20) everything else in the apartment to a storage locker Ihave been quoted prices in excess of $20000 And that does not include thecost of a storage locker

hellip (Documents total 46 pages)

(2) On or about August 29 2012 I mailed a letter to Los Angeles HousingDepartment (LAHD) which included the following

PAGE 1hellip

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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29

Per your instructions I am sending you the further developments pertaining to1330 S Wilton Place Apt 11 Los Angeles CA 90019

On July 2 2012 I once again deducted the costs of mold inspectionstestsfrom my rent I only deducted the costs in accordance with Philip

LanceCorydon Properties LLCrsquos apparently false oral promiseagreement toreimburse the costs if I produced a report showing ldquoevidence of moldmoldsporesrdquo in my apartment after having produced a full 21 page report and coverletter showing evidence of ldquohigh levelsrdquo of airborne mold spores floating in myapartment etc after commencing with the spraying of cans of Lysol in aneffort to correctimprove the air quality in my apartment and after PhilipLanceCorydon Properties LLC stated in writing that they were not going todo anything about the moldmold spores You have already been providedwith the May 2012 cost deduction letter which included the positive results ofadditional testing You have also been provided with other correspondence asevidence of the truth of all of the above statements

Instead of investigating my claims of moldmold spores in my apartmentPhilip LanceCorydon Properties LLC harassed my family and I after beingnotified of my observation of mold and after being cited by the County of LosAngeles Health Department in reference to conditions in my apartment twicePhilip LanceCorydon Properties LLCrsquos actions include the undertaking of a pattern and practice of retaliation multiple inspections three-day noticesthreats of eviction bad faith ldquoconstructiverdquo eviction etc

On or about July 13 2012 I found a 3-day pay or quit on the armor door of myapartment and one in the mail On or about July 23 2012 I found a Notice ofEvictionUnlawful Detainer on the same armor door The Notice ofEvictionUnlawful Detainer which has been timely answered is based uponmy having deducted the cost of the mold inspectionstests from my rent Mytimely August 2012 rent payment has been returned to me by PhilipLanceCorydon Properties LLC

PAGE 2

Philip Lance who has on occasions represented himself as the owner of 1330S Wilton Place but per the Unlawful Detainer claims to be just a manager forCorydon Properties LLC andor Corydon Properties LLC have been and arein violation of multiple statutescodes

1 BREACH OF THE COVENANT OF QUIET ENJOYMENT (CC sect1927)2 TORTIOUS BREACH OF THE STATUTORY WARRANTY OF

HABITABILITY(VIOLATION OF CALIFORNIA CIVIL CODE sect1941)OR THE IMPLIED WARRANTY OF HABITABILITY

3 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151044 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15105

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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30

5 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect15106026 VIOLATION OF LOS ANGELES MUNICIPAL CODE sect151097 VIOLATION OF CALIFORNIA CIVIL CODE sect194248 VIOLATION OF CALIFORNIA CIVIL CODE sect194259 UNFAIR BUSINESS PRACTICES(BUSINESS amp PROFESSIONS CODE

sect17200 et seq)

Untenantable Living Conditions

1 I have resided at 1330 S Wilton Place Apartment 11 since approximately1986 (approximately 26 years) Philip LanceCorydon Properties LLChave beenare in the business of property ownership andor management ofrental units for profit as it relates to 1330 S Wilton Place since October2006 Since 2006 along with other members of my family I have residedunder a written agreement with Philip LanceCorydon Properties LLCwhich allows three adults two children and pets During Philip

LanceCorydon Properties LLCrsquos ownership andor management of 1330S Wilton Place they have eliminated services previously provided as partof the usual rent payments in violation of the Covenant of Quiet Enjoyment(CC sect1927) and the Warranty of Habitability (CC sect1941)

2 During our tenancy from October 2006 to the present the Building at 1330S Wilton Place and Apartment 11 have suffered from among otherthings the following untenantable conditions all of which PhilipLanceCorydon Properties LLC wereare aware of

Apartment 11

a Ineffective waterproofing and weather protection of roof The roof overone of the bedrooms leaked in 20082009 Contaminated water leaked onthe bed and the carpet

b Floors are in disrepair Due to health hazard I removed all carpeting inapartment in 20082009 (in same year of the roof leak) with PhilipLanceCorydon Properties LLCrsquos permission My family and I have

PAGE 3

been walking on the old and inferior floorboards which use to be underthe carpeting ever since

c Several holes in the front room ceiling and other holesopenings inreference to light fixture involved in 20082009 roof leakage in the bedroom

d December 2009 Philip LanceCorydon Properties LLCrsquos repairmandamaged the enamel on my bathtub when he unsuccessfully pouredindustrial chemical into a clogged bathtub he was informed and couldsmell already had bleach in it (supplied by onsite manager) As a result

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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31

the apartment became filled with fumese Due to the repairmanrsquos inability to unclog the bathtub a plumbing

company was called and arrived that same day At some point in the process of unclogging the bathtub that plumber unknowingly knocked the bathroom sink pipe off inside of the wall which resulted in all clogs

appearing to be unclogged The plumber ran the water and instructed meto run the water to flush the pipes Approximately 30 minutes after the plumber had left the premises I received a telephone call informing methat there was water pouring down the wall of Apartment 6 which islocated directly below Apartment 11

f The same plumbing company sent another plumber to open the bathroomwall and fix the bathroom sink pipe

g Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to correct any water damage that may have beencaused inside of the wall by way of this December 2009 water incidentnor the damaged enamel

h

In addition a deteriorated tub facet and peeling chalking around the tubhave never been repairedi In 2011 repairmen in the process of repairing the heater to Apartment 6

cut a large hole in a portionpanel of my front room wall The hole wasleft open for several days while the men repaired the heater For the veryfirst time since I had lived at that address several roaches entered myapartment

j In 2011 after the repairmen completed the repair of the downstairsapartment heater they proceeded to reseal the hole in the wall and repaintthe entire portionpanel of the front room wall However the paint wasthe wrong color As a result the previous paint job on an entire portionpanel of the front room wall had several areas of the wrong color paint from the ceiling to the floor The men did not finish painting that portionpanel of the wall The wall remained in this state until the June2012 paint job

k At some point in 2010 or 2011 I informed Philip LanceCorydonProperties LLCrsquos on site manager of a water leakage in the bathroom nearthe toilet The job was fixed Even though no other water leakage wasobserved in the bathroom from that point in January 2012 I observedwater damage on the tile around the toilet Philip LanceCorydonProperties LLC never caused anyone to enter my

PAGE 4

apartment to do anything to investigate or correct the water damage Thecondition remains to this date

l The same bedroom involved in the 20082009 roof leakage was alsoinvolved in a late 2011 roof leakage

m After Philip LanceCorydon Properties LLC had the roof repaired thesecond bedroom began to have moisture problems which resulted in the

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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32

molding of a pair of boots in or about December 2011 I noted andreported a moldy smell within that second bedroom beginning in January2012

n There was water damage or what appears to be fungusmold growthon the first bedroom ceiling from 20082009 through June 2012 and

around the light fixture in the second bedroom noticed from January 2012through June 2012 During this same period of time I also noticed whatappeared to be bulging or sagging of the ceiling in the second bedroom

o Philip LanceCorydon Properties LLC never caused anyone to enter myapartment to do anything to investigate or correct any water damage thatmay have been caused inside of the wall andor ceiling of the second bedroom due to the 2011 roof leakage

p Philip LanceCorydon Properties LLC never caused anyone to investigatethe roof for the source of the problem in the second bedroom

q The last week of December 2011 I smelled mold in the bathroom butcould not find the source until the first week of January 2012 when I

observed visible mold coming from what appeared to be out from underthe chalking seal around the south end I reported the observation to the onsite manager and requested a professional mold inspection I observedthe manager communicating on his cell phone with Philip Lance about thematter

r On or about January 16 2012 Philip LanceCorydon Properties LLCcaused a professional mold inspection companyinspector to enter myapartment to take photographs of personal property in my apartment thenrefused to allow the mold inspectorcompany to conduct any mold tests

s I immediately informed the on site manager that I would be acquiring myown mold inspection I observed the on site manager on his cell phoneconveying the message to Philip Lance

t On or about January 17 2012 I caused a mold inspectioncompanyinspector to enter my apartment to conduct an air test Theinspector also left the premises with a home air sample mold testcultureconducted by myself

u Even though the inspector placed his suction device on the floor and notin the breathing zone the results of an approximately 21-page reportrevealed that six to seven different mold spores were floating airborne inmy apartment (Later reports would reveal additional airborne moldspores) The report also revealed the presence of high levels of two

PAGE 5

types of airborne mold spores and moderate levels of one type of airbornemold spores The combination of the three types of mold together makethe affects worse The report also revealed mold spores that were presentindoors but not present in the outdoor testing To this date the airbornemold spores have been allowed to exist uninvestigated andor unabated inmy apartment

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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33

v On or about May 2012 informed Philip LanceCorydon Properties LLC ofmy observations of termites in my apartment To this date nothing has been done about the matter

w The trap door under the kitchen counter which leads to the bathroom etc plumbing inside of the wall is just a board blocking the hole in the wall

On or about May 2012 I made a request to Philip LanceCorydonProperties LLC that the trap door be repaired so that the air inside of thewalls is kept separate from the air in the apartment To this date nothinghas been done about the matter

x The poor circulation of the air in my apartment has become evident in theform of a dust problem which became extreme after PhilipLanceCorydon Properties LLC took over the property in October 2006Environmental Hygiene recommended fans to solve the problem And arepairman providing an estimate on the June 2012 paint job included thecost of installing etc the necessary fans to solve the problem

y On several occasions throughout Philip LanceCorydon Properties LLCrsquos

involvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments or the utility room housingthe hot water tank

z Roaches andor other vermin (eg termites etc) Philip LanceCorydonProperties LLC have had a company spray around the exterior of the building grounds and certain apartments almost monthly for roaches Ihave been provided with roach traps on several occasions HoweverPhilip LanceCorydon Properties LLC have done nothing to solve theroach problem which clearly exists inside of the walls

aa Uncovered electrical outlets left in that state by the June 2012 painterswho broke the previous electrical covers

bb Other conditions existed for years before being corrected to some extent by the painters June 2012

The Building

cc On several occasions throughout Philip LanceCorydon Properties LLCrsquosinvolvement with the property located at 1330 S Wilton Place there have been regular events of emergency shut offs of the water resulting fromwater leakages andor floods in the apartments andor the utility roomhousing the hot water tank Out of an eleven unit building all eleven unitshave been directly or indirectly associated with some form of uncorrectedor improperly corrected extensive water damage

PAGE 6

resulting from pipes breaking in the walls plumbing problems etc Sincemy January 2012 observation of the mold in my apartment I have learnedthat water damage may be associated with mold growth Because of the

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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34

commonality of the interior walls of the entire building moldmold sporesin one part of the building may affect the other apartments located in anyother part of the building It is for that very reason that after beingadvised by Environmental Hygiene to have the trap door leading to the bathroom plumbing repaired so that the air inside of the walls is kept

separate from the air in the apartment that I requested that PhilipLanceCorydon Properties LLC do sodd Shortly after Philip LanceCorydon Properties LLC took over the 1330 S

Wilton Place in 2006 water sprinklers were installed in the front yard ofthe premises Some of the sprinklers were placed too close to the buildingthereby causing water damage and cracks to the building In additioncertain areas of the ground tendedtend to stay overly moist

ee My January 17 2012 mold report documents what appears to be the presence of high levels of mold spore in the front yard of the premises

ff Inspectors from the Los Angeles County Health Department Los AngelesCounty Housing Department and an inspector for the bank apparently

holding an FHA etc loan on the property all viewed what appears to bethe consequences of the moisture problem at the front and side of the building In addition to other problems with the south side of the buildingthe same inspectors during their inspection of the exterior of the buildingwould have also viewed what appears to be a structural or foundation problem where the building has the appearance that it is sliding off of thefoundation etc

3 For two or three years minimum Philip LanceCorydon Properties LLChave prohibited certain tenants from smoking cigarettes in theirapartments As a result those tenants are allowed to smoke outside on the premises causing their cigarette smoke to come into my apartmentthrough the doors and windows

2011 Legislation

Section 1 of Stats2011 c 264 (SB332) providesldquoSECTION 1 The Legislature finds and declares all of the following

ldquo(a) More than 443000 people die in the United States fromtobacco-related diseases every year making tobacco-related diseasesthe nationrsquos leading cause of preventable death

ldquo(b) The State Department of Public Health has estimated that 86 percent of adult Californians are nonsmokers Secondhand smoke isresponsible for an estimated 49 400 deaths among nonsmokers eachyear in the United States which includes 3 400 lung cancer deaths and46000 deaths due to heart disease Secondhand smoke also has been

proven to cause cancer in humansldquo(c) Secondhand smoke exposure adversely affects fetal growth with

elevated risk of low birth weight and increased risk of sudden infant

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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35

PAGE 7

death syndrome (SIDS) in infants of mothers who smokeldquo(d) Secondhand smoke exposure causes as many as 300000

children in the United States under 18 months of age to suffer lower

respiratory tract infections such as pneumonia and bronchitisexacerbates childhood asthma and increases the risk of acute chronicmiddle-ear infections in children

ldquo(e) The United States Environmental Protection Agency hasclassified secondhand smoke as a group A carcinogen the mostdangerous class of carcinogen

ldquo(f) The United States Surgeon General has concluded that there isno risk-free level of exposure to secondhand smoke

ldquo(g) The State Air Resources Board has put secondhand smoke inthe same category as the most toxic automotive and industrial air

pollutants by categorizing it as a toxic air contaminant for which there

is no safe level of exposureldquo(h) The California Environmental Protection agency has includedsecondhand smoke on the Proposition 65 list of chemicals known to theState of California to cause cancer birth defects and other reproductiveharm

ldquo(i) Thirty-one percent of Californiarsquos housing is multiunitresidences such as apartments and condominiumsrdquo

4 During my tenancy Philip LanceCorydon Properties LLC have increasedthe rent in sums exceeding the amounts permitted by law

5 During my tenancy Philip LanceCorydon Properties LLC reduced theservices without a corresponding reduction in rent

6 I provided a deposit of approximately $300 upon initiating the tenancy butno interest thereon has been paid or credited by Philip LanceCorydonProperties LLC

7 Philip LanceCorydon Properties LLC has continuously failed from 2006to the present to serve me Defendant Dari Bates the required copies ofvalid registrations or annual registration renewal statements as required pursuant to Los Angeles Municipal Code sect15105(A)

8 Etc

Los Angeles County Department of Public Health

I got your message instructing me to contact the Los Angeles CountyDepartment of Public Health However your instructions come on the heels ofsimilar advise from the County of Los Angeles Public Health EnvironmentalHygiene Program inspector on March 27 2012 and the Housing Departmentsupervisor on June 25 2012 However please be aware of the following

1 On February 1 2012 the Los Angeles County Department of Public Health

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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36

cited Corydon Properties LLC as follows

ldquo(1) Observed several unidentified blackgray spots on bathroom ceilingrdquo

PAGE 8

During the inspection I tried to give the inspector a copy of the mold reportAs I attempted to hand the report to the inspector she refused to even touch itlet alone look at it or take it The inspector stated that they could only reporton what ldquotheyrdquo see As for the ldquounidentified blackgray spotsrdquo I was informed by a supervisor that that was because the Los Angeles County Department ofPublic Health does not have a lab and cannot therefore identify the substanceas mold

2 On May 23 2012 the Los Angeles County Department of Public Healthcited Corydon Properties LLC as follows

ldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling coverings Observed brown water stains on ceiling at the bedroomrdquo

3 Los Angeles County Department of Public Health has scheduled a re-visitfor August 27 2012 On August 27 2012 I informed the inspectors that allthe owner had done about the water damage was to have it painted over I wasinformed that there are currently no guidelines for how the owner can abate thewater damage

Misc

I am including the documents to support the following new events

1 Issued a 24 Hour Notice to Enter Dwelling Unit on July 2 2012 (1) Tomake necessary or agreed repairs (2) Alterations or Improvements after Igave the site manager a July 2 2012 cost deduction letter plus remainderof rent due2 Issued a three (3) day notice to pay rent or quit on or about July 132012 in reference to the amount I had deducted on July 2 2012 for thecost of my mold inspectiontests3 Placed a summons in reference to a Notice of EvictionUnlawfulDetainer on my armor door on or about July 23 20124 Returned my timely August 2012 rent payment

Date August 29 2012

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

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d

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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37

CHAPTER FOUR

THE ANSWER

Ultimately the County of Los Angeles Department of Public Health and the City ofLos Angeles Housing Department the two main organizations that tenants introuble are suppose to be able to depend on both failed me Where just abouteveryone I contacted referred me to the Department of Public Health even othergovernment agencies were surprised when I informed them that the County of LosAngeles Department of Public Health claimed it was unable to do anything aboutthe essentially invisible mold spore problem

(1)

On the two occasions when the County of Los Angeles Department of PublicHealth came back to 1330 S Wilton Place about the frontside of the apartment building it contradicted its previous claims that it could only address what theinspectors could see and that it had no lab to test the substances seen

On the morning of April 21 2012 as I was walking my dogs I noticed PhilipLanceCorydon Properties LLCrsquos repairman and a helper preparing to andorremoving the damaged paint from the front of the building I photographed the process (Photo 1-5) which appeared to include the revealing of and paintingover of mold and cracks on the wall previously under the paint Armed withthe above mentioned knowledge that the interior walls of the building built in1959 were common and that therefore any mold problem in the front of the building or anywhere else in the building including but not limited to theother apartments had the potential to affect the air in my apartment which waslocated all the way at the back of the building (and therefore any apartment in between) I returned to the Department of Public Health with my photographsin hand and requested another inspection this time of the frontside of the building

When the County of Los Angeles Department of Public Health returned forthe second time in reference to the frontside of the building on May 232012 the inspectors unexpectedly asked if they could look in my apartmentI let them in The inspection resulted in the County of Los AngelesDepartment of Public Healthrsquos May 23 2012 Inspection Report which statedldquo1) Repairreplace all water damaged broken cracked missing peeling blistered sagging or deteriorated ceilings or ceiling covering Observed brownwater stains on ceiling at the bedroomrdquo I was not cited for any of the non-existent health hazards Philip LanceCorydon Properties LLCrsquos attorney hadfalsely referred to in his above mentioned May 16 2012 letter

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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38

Even though the lab report from the January 17 2012 mold inspection whichthe initial County of Los Angeles Department of Public Health inspector hadrefused to look at appeared to suggest a possible moldmold spore problem atthe front of the premises to say the least including AspergillusPenicilliumBasidiospores Cladosporium Myxomycetes++ both sets of Health inspectors

as well as supervisors saw the photographs On both occasions I wasinformed that the inspectors could not identify the substance still on the front bottom of the building (Photo 4-5) The inspectors said the substance (whichcould have been a similar colored mold) looked like algae andor moss As forthe condition of the side of the building the inspectors from the Los AngelesHousing Department did not know what to make of it (Photo 5) Yet on bothoccasions the Department of Public Health which has no lab to identifysubstances failed to cite or require the owner to identify these problems whichclearly should not have been on the building at all

On June 25 2012 after (1) inspecting my apartment and ignoring the multiple

violations that I pointed out and (2) inspecting the frontside of the buildingalso unable to identify the problems (Photo 4-5) the inspector from the LosAngeles Housing Department simply closed the entire case

The Photographs

Included for your review are the following photographs which depict theconditions of the frontside of the 1330 S Wilton Place apartment building broughtto the attention of the County of Los Angeles Department of Public Health and theLos Angeles Housing Department

1 The front wall as it appeared after the paint was removed on April21 2012 (1-3)

2 The front wall after the mere repainting of the wall was completedon April 21 2012 through June 25 2012 (4-5)

3 The unidentifiable condition on the side of the building on April21 2012 through June 25 2012 (5)

4 The April 21 2012 through June 25 2012 position of some of thesprinklers installed in 2006 (5)

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a

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b

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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a

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b

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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b

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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c

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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d

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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e

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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39

(2)

By July 2012 certain that no more help would be coming I proceeded to force theissue into the eviction process that Philip LanceCorydon Properties LLC had as part of hisits retaliation threatened to proceed with in May 2012 Even though I

had been told that I had the right to deduct the cost under the ldquorepair and deductrdquolaw it was always my position that I had deducted the mold inspection etc moneyout of the rent based upon Philip LanceCorydon Properties LLCrsquos agreement toreimburse the costs Philip LanceCorydon Properties LLC filed an UnlawfulDetainerEviction in July 2012 after I deducted the cost of the mold inspection andadditional tests from the rent again

It wasnrsquot long before I found myself wondering if my defense attorney was havinga problem deciding whether she was working for Philip LanceCorydon PropertiesLLC and hisits attorney or representing me Even as we stood in the courthouseon the October 3 2012 trial date assured that Corydon Properties LLC was going

to dismiss the case my attorney asked me to return the back rent which I hadalready paid and Philip LanceCorydon Properties LLC had returned during thelitigation process I informed my attorney who conveyed the message that Iwould only give the money back again after a Court ordered me to do so PhilipLanceCorydon Properties LLC proceeded to dismiss the case rather than allow meto stand before a judgecommissioner and tell my story

(3)

Shortly after the July 2012 filing of the Unlawful DetainerEviction City CouncilPresident Herb Wessonrsquos office informed me that it could do nothing more becausethe case was in litigation I found this to be rather odd since I would remain atenant in his district until the Court had ordered otherwise I got the impressionthat City Council President Herb Wessonrsquos office did not expect me to survive theeviction process

After I re-filed a Complaint and paid a visit to the Los Angeles HousingDepartmentrsquos main office the same Housing inspector from June 25 2012 clearlyannoyed returned to my apartment on October 2 2012 for a re-inspectionApproximately nine months after my first call to the County of Los AngelesDepartment of Public Health and after once again showing the Housing inspectorthe same multiple violations without citing Philip LanceCorydon Properties LLCthe Housing inspector documented six violations in need of repair (1)Kitchenfloor covering (2) Kitchenseal penetrationsplumbing (3) Bedroom1inter-wallsceiling (4) Hall Bathfloor covering (5) HallBathcaulkingplumbing (6) Living roomcovers-switchrecepelectrical Some ofthe repairs were designed to keep the air in between the walls of the building etcseparate from the air in my apartment

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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40

Of the six violations the Housing inspector finally chose to document they were allamong the more than six violations I had shown the inspector on June 25 2012Within days of the October 2 2012 inspection in addition to Council PresidentHerb Wessonrsquos office I filed a Complaint with the Los Angeles HousingDepartment against the inspector citing what I believed to be a clear display of bias

during the October 2 2012 inspection

On October 9 2012 shortly after helping me acquire limited records from theCounty of Los Angeles Department of Public Health and the Los Angeles HousingDepartment in response to part of the Complaint Los Angeles City CouncilPresident Herb Wessonrsquos office informed me once and for all that if the HealthDepartment which answers to the County of Los Angeles Board of Supervisorsand the Los Angeles Housing Department which answers to the Los Angeles CityCouncil and the Mayor of Los Angeles had signed off on the moldmold sporematter there was nothing they could do And that they could not get involved in alegal case Even though I never thought any of the organizations were supposed to

get involved in a legal case I did expect each and everyone single one of them asPublic Servants to do nothing less than the job they were supposed to do

(4)

Back in February 2012 just to make sure that I was not legally in the wrong inreference to the boxes I asked a County of Los Angeles Department of PublicHealth supervisor ldquoWhen the Health Department investigates if the inspector(s)come across any kind of health hazard are they required to cite itrdquo I was told yes by law they must cite it even if it was not the reason they were originally called tothe property I could only assume that the same rule applied to the Los AngelesHousing Department

Of the four-plus times that the County of Los Angeles Department of Public Healthhad been in my apartment and the two-plus times that the Los Angeles HousingDepartment had been in my apartment I hadhave never been cited for any hazards

However as it relates to the things Corydon Properties LLC was cited for orwarned about in advance between the County of Los Angeles Department ofPublic Health and the Los Angeles Housing Department Philip LanceCorydonProperties LLC was allowed to merely paint over mold (March 2012) merely paint over water damaged ceilings (August 2012) cover the water damaged anddeterioratingdecaying wooden floors (without removing damaged materials) andcracks along the base of the walls with cheap foam and carpet (October 2012)cover an approximately 30 year old deteriorating thin tile kitchen floor with a newthin tile without removing the previous tile (October 2012) seal the plumbingaccess to keep the air in the walls separated from the air in the apartment ratherthan repair the trapdoor as recommended by Environmental Hygiene (of which Iam told is a branch of the County of Los Angeles Department of Public Health)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5161

43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5361

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5561

47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 4961

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5061

42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5161

43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5361

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5561

47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5761

49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

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50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

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51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

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52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

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2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

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42

CHAPTER FIVE

ABOVE THE LAW

Even though it wasis against the law for a landlord to retaliate against a tenant whohad informed himherit of a defect in the property or within a certain amount oftime after the tenant had reported himherit to a government agency PhilipLanceCorydon Properties LLC violated that law many times over

PHILIP J LANCE

In late August 2012 after months of wondering why the various entities appearedto be refusing to touch this particular apartment ownermanager I googled Camino

Nuevo Charter Academy (CNCA) the name of the school that appeared on theFebruary 7 2012 fax and Pueblo Nuevo Development (PND) the name thatappeared in the return address corner of the envelope in which Philip Lance hadmailed one of the 24 hour Notices to Enter Dwelling Unit

(1) According to a 2003 Report on the Rudy Bruner Foundation website

ldquoIn the early 1990s Philip Lance was serving as an Episcopal minister in theEcho Park neighborhood of Los Angeles where he had started a Spanishlanguage ministry and developed his own congregation When his churchmade the decision to tear down its building to make way for a new one Lance

lost his position He was then recruited by All Saints Church a wealthyBeverly Hills congregation interested in reaching out to inner-city residentsLance was by then deeply committed to working with the urban poor and AllSaints provided him with a modest stipend to continue that workrdquo

(2) According to Pueblo Nuevo Developmentrsquos website

ldquoPhilip Lance is the Founder and Executive Director of Pueblo NuevoDevelopment as well as the Board President of Camino Nuevo CharterAcademy hellip Philip has served on the PND Board since 1993rdquo

Pueblo Nuevo Development the 2003 Gold Medal winner of the Rudy BrunerAward for Urban Excellence (urban design) and its $50000 prize is a nonprofitcommunity development corporation in the MacArthur Park neighborhood west ofdowntown Los Angeles formed in 1993

In addition to having founded Camino Nuevo Charter Academy in August 2000Pueblo Nuevo Developmentrsquos completed projects include Camino NuevoPreschool Elementary Middle and High Schools Pueblo Nuevo Soccer Field and

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5261

44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5361

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5661

48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

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49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5861

50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5161

43

Court and Gabriellas Place Dance Studios Total Development Costs total wellover $37 million

The contact information on the website refers to Philip J Lance as ldquoCo-founderand President of Pueblo Nuevo Development and Co-founder and President of

Camino Nuevo Charter Academy

(3) According to the internet

(1) Philip J Lance serves as the registered agent and the one and only managingmember (officer) of Corydon Properties LLC (2) Philip J Lance Philip J Lance(Trustee) and Philip J Lance (Trust) are listed as the owner of record of the addressthat the Los Angeles County Department of Public Health documents as theaddress of the owner of 1330 S Wilton Place Corydon Properties LLC and (3)Philip J Lance is listed as the one and only member (officer) of Zephyr PropertiesLLC

Both ldquomanaging memberrdquo and ldquomemberrdquo mean ldquoactive role held by Philip JLancerdquo

CONNECTIONS TO THE RICH AND POWERFUL

DISTINGUISHED VISITORS OF PND AND CNCA

According to the Pueblo Nuevo Development website

(1) Distinguished Visitors of Pueblo Nuevo Development (PND) include

ldquoThe Director-General of the United Nations Education Science and Cultural

Organization (UNESCO) Koichiro Matsuura visited in October 2003 MrMatsuura is the highest ranking official in UNESCO This was the first visit bythe Director-General to the United States in 20 yearsrdquo ldquoThe Archbishop ofCanterbury visited Pueblo Nuevo in 1994 and used Pueblo Nuevo as an inspiringexample in subsequent sermons around the worldrdquo And ldquoThe Vaticanrsquos SeniorArchbishop for Peace and Justice visited Pueblo Nuevo in 1996rdquo

(2) Distinguished Visitors of Camino Nuevo Charter Academy (CNCA) include

ldquoThe Director-General of the United Nations Education Science and

Cultural Organization (UNESCO) Koichiro Matsuura visited in October2003 Mr Matsuura is the highest ranking official in UNESCO This was thefirst visit by the Director-General to the United States in 20 yearsrdquo ldquoMayorAntonio Villaraigosa [on Los Angeles City Council from 7103-7105] Nancy Daly Riordan and Rob Reiner visited Camino Nuevo in 2004rdquo And

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5261

44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5361

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5561

47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5661

48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5761

49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5861

50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5261

44

ldquoThe First Lady of Guatemala visited Camino Nuevo Charter Academy in2004rdquo

DONORS

The Ahmanson Angell Annenberg Atlas Family California CommunityCarl amp Roberta Deutsch Claire amp Theodore Morse Dwight Stuart YouthEisner George Hoag Family Jerome amp Adrianne Kay Family Joseph DrownKampF Baxter Family Ralph M Parsons Rose Hills Skirball John H amp CindyLee Smet John amp Donna Sussman WM Keck Weingart Whitecap WilliamC Bannerman and William E Simon Foundations Brian Brainard MemorialTrust Capital Group Companies Inc Getty Trust Local Initiatives SupportCorporation Sony Pictures Entertainment Wells Fargo high powered lawyersand other wealthypowerful types

ANA PONCE

(1) According to a November 2 2011 Forbes magazine article titled ldquoThe Worldrsquos7 Most Powerful Educatorsrdquo Ana Ponce referred to as Founder of Camino NuevoCharter Academy and a member of CCSAs board of directors was picked byWendy Kopp the founder and CEO of Teach For America and the cofounder andCEO of Teach For All as one of the ldquoWorldrsquos 7 Most Powerful Educatorsrdquo

(2) According to an article titled ldquoLA Charter School Leader Named to Forbes Listof Worlds 7 Most Powerful Educators

ldquoAna Ponce is the Chief Executive Officer of Camino Nuevo CharterAcademy (CNCA) a network of five charter schools serving over 2800students within the greater MacArthur ParkMid-Wilshire neighborhoodnear downtown Los Angeles Under her supervision the CNCA schoolshave won the Title 1 Academic Achievement Award the CaliforniaAssociation of Bilingual Education Seal of Excellence and the CaliforniaDistinguished Schools award hellip Ana Ponce started her career ineducation with Teach for America spending three years in the classroom before becoming one of the founding teachers and administrators at TheAccelerated School in South Los Angeles Under her instructional leadership

The Accelerated School was named elementary school of the year by TimeMagazine in 2001rdquo

(3) According to the Rudy Bruner Foundation website (2003 Report)

ldquoCamino Nuevo Charter Academy has now completed its thirdacademic year As reported to the Bruner Foundation team the first

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5361

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5561

47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5661

48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5761

49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5861

50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5361

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5561

47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5661

48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5761

49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5861

50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5461

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5561

47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5661

48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5761

49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5861

50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5561

47

One of the many departments Mayor Antonio Villaraigosa has authority over is theLos Angeles Housing Department

(2) According to the Mayorrsquos website and the Partnership LA website

The Partnership for Los Angeles Schools one of the largest public schoolturnaround projects in the nation was started by Los Angeles Mayor AntonioVillaraigosa In collaboration with the Los Angeles Unified School District(LAUSD) Partnership for Los Angeles Schools works with administrators teachers families students and other community members The goal is ldquoto bringthe best instructional and operational practices into the classrooms of the mostchallenged schools in LAUSDrdquo One of the Partnership staff members is listed asMyeisha Phillips who joined The Partnership for Los Angeles Schools in late 2009Ms Phillipsrsquo classroom experience includes seven years as a teacher at Camino Nuevo Charter Academy

(3) According to Southern California Public Radiorsquos 81810 article titled ldquoNewLA Unified schools open under Public School Choice initiativerdquo

ldquoThe students at Camino Nuevo Charter Academy north USC didnrsquot expectsuch a high-profile visitor on their first day of classes hellip The mayor is one ofthe biggest cheerleaders for LA Unifiedrsquos Public Schools Choice reform program

ldquoIt stands for the proposition that new schools and schools that are currentlyfailing among the lower-decile schools ought to be able to make a choiceabout whether or not theyrsquoll continue the status quo or engage in the kind ofinnovation and transformative reform that you see at Camino NuevordquoVillaraigosa said

The ten-year-old Camino Nuevo organization beat out proposals by UnitedTeachers Los Angeles and an after-school nonprofitrdquo

(4) According to the Daily News Los Angelesrsquo 81810 article titled ldquoCampusunder LAUSDrsquos school choice plan opensrdquo ldquoExperiment Camino Nuevo Academyto be closely watched test case for the districtrdquo

ldquoThis is why I am so passionate about Public School Choice hellip because weneed more schools like theserdquo Villaraigosa said referring to Camino Nuevorsquosrecently announced high test scores and 95 percent graduation rate

ldquoI intend to be very aggressive with suggesting changes in the process hellip weneed to get more of these (charters) approvedrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5661

48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5761

49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5861

50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5661

48

Villaraigosa publicly scolded LAUSD officials and Superintendent RamonCortines a month ago for their failure to approve more high-performingcharters during the first round of Public School Choice

Charter school operators won control of three out of 36 schools that were up

for grabs last year under the first round of the reform planrdquo

(5) According to the MayorLACity websitersquos 81810 posting titled ldquoStudentsWelcomed to Jose Castellanos Charter Schoolrdquo

ldquo ldquoFundamentally Public School Choice is about partnershiprdquo MayorVillaraigosa said ldquoLos Angeles is home to some of the most innovative pilot programs and charter operators in the country With the second round ofPublic School Choice now underway we want to take the lessons we havelearned in this first round to encourage educators and administrators to put

their very best plans forward We want to make sure that the most highlyqualified applicants ndash like Camino Nuevo ndash are selected to run our schoolsrdquo

ldquoReform the LA Way is about demanding excellence for all of our studentswithout getting stuck on whether the operator is a charter or a traditionalschoolrdquo added LAUSD Board President Monica Garcia ldquoWe have to find andlift up the excellence in our own backyards and we also have to open our armsto welcome partners that bring excellent practices into our classroomsCamino Nuevo excels at helping all kids succeed ndash including students who arelearning English ndash and I am thrilled to welcome them to CastellanosElementary Schoolrdquo rdquo

LOS ANGELES UNIFIED SCHOOL DISTRICT

(1) LAUSD Board Members

Marguerite Poindexter LaMotte-Board District 1-2003 to presentMonica Garcia-Board District 2-Board President-2006 to presentTamar Galatzan-Board District 3-2007 to presentSteve Zimmer-Board District 4- 2009 to presentBennett Kayser-Board District 5-2011 to present

Nury Martinez-Board District 6-2009 to presentDr Richard Vladovic-Board District 7-2007 to present

Jefferson Crain Executive Officer of the BoardMarlene Canter-Term ended 63009Julie Korenstein-Term ended 63009Yolie Flores-Term ended 63011 (2007 to 2011)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5761

49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5861

50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5761

49

The term of office for Board Districts 1 3 5 and 7 is 712011 to 6302015The term of office for Board Districts 2 4 and 6 is 712009 to 6302013

[Ramon Cortines LAUSD Superintendent (Assumed office 1109 to 41611) DrJohn Deasy LAUSD Superintendent (Assumed office 42011)]

(2) Public School Choice Initiative

Under the Public School Choice Initiative in 2009 and 2011 the Los Angeles UnifiedSchool District selected Camino Nuevo Charter Academy to operate new public

LAUSD schools Castellanos Elementary School (Central Region Elementary School15) and Sandra Cisneros Elementary (Central Region Elementary School 14)respectively

According to Los Angeles Daily Newsrsquo August 29 2009 article title ldquoLAUSD

Schools Choice initiative a jolt to systemrdquo

ldquoThe measure put forward by school board member Yolie Flores Aguilargives outside operators a chance to put in bids to run up to 250 new andunderperforming schools hellip LAUSD Superintendent Ramon Cortines saidthe idea of having a smorgasbord of school options is what drove his supportof the Schools Choice plan helliprdquo

According to the March 18 2011 ldquoThe Eastsider (Scenes sightings and storiesfrom Echo Park and beyond) article titled ldquoSchool board member explains why shesupported charter school to manage new Echo Park Campusrdquo The LAUSDSuperintendent and community were not happy when their advice and votesagainst Camino Nuevo Charter Academyrsquos management of Sandra CisnerosElementary (Central Region Elementary School 14) were rejected

ldquoThe Board of Education went with Camino Nuevo after school board memberYolie Flores introduced a motion backing the charter school operator In a posting today on her blog Flores who represents the western edge of EchoPark where the new school is located explained her vote saying she thoughtCamino Nuevo was better suited to teach low-income students who werelearning English

After analyzing all of this information and input it became clear thatCamino Nuevorsquos plan was the stronger of the two For this reason Idecided to offer an amendment to have Camino Nuevo operate CRES 14which was subsequently approved I chose Camino Nuevo because weowe our children better ndash especially our English Learners They cannotwait another year for us to figure it out when we have a proven modelavailable to them right nowrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5861

50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5861

50

Yolie Flores and David Tokofsky were in attendance to celebrate Camino NuevoCharter Academyrsquos acquisition of Sandra Cisneros Elementary

YOLIE FLORES

According to the LA School Board website

ldquoYolie began her career as a social worker at the Los Angeles Department ofWater and Power where she created and led DWP Family Care a nationallyrecognized employer-supported child care and family support program Shelater became the director of child care planning and policy for the City of LosAngeles After serving as a policy consultant to the Annie E CaseyFoundation Yolie served as CEO of the Los Angeles County ChildrenrsquosPlanning Council (CPC) the largest childrenrsquos partnership network in theUnited Statesrdquo

The Childrenrsquos Planning Council comprised of 36 leaders from county governmentcities schools private sector service providers advocacy organizations and thevarious philanthropic business ethnic and geographic communities of Los Angeleswas established in 1991 by the Los Angeles County Board of SupervisorsAccording to LA Weekly Newsrsquo 31011 article titled ldquoSchool Reformer YolieFlores Departs LAUSD to Fight From Outsiderdquo

ldquoIn 2007 after nearly a decade running the nonprofit Childrenrsquos PlanningCouncil Flores ran for an open seat on the LAUSD board Shersquod run eightyears before but lost to incumbent David Tokofsky This time she won with

the backing of Mayor Antonio Villaraigosa who was eager to find reform-minded players for the school board hellip

Her chief inspiration was a documentary about a school on Chicagorsquos WestSide which is the equivalent of South LArsquos roughest neighborhoods The

Providence Effect chronicled an independent nonprofit high school that for 30years has miraculously sent to college 100 percent of its graduates ndash almost allof them poor and African-Americanrdquo

Yolie Floresrsquo new job is Chief Executive Officer (CEO) of Communities forTeaching Excellence (C4TE) a Bill Gates Foundation-funded advocacy group

THE COUNTY OF LOS ANGELES

BOARD OF SUPERVISORS

Gloria Molina-District 1 (Assumed office February 1991)Mark Rigley-Thomas-District 2 (Assumed office 12108)Zev Yaroslavsky-District 3 (First elected 1994)

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 5961

51

Don Knabe-District 4 (Assumed office 1997)Michael D Antonovich-District 5 (Assumed office 1980)

The Board of Supervisors serving as the executive and legislative head is the

governing body of the County of Los Angeles One of the many departmentsCounty Board of Supervisors has authority over is the Department of Public Healththe job of which is to ensure a healthy and safe environment

According to the Los Angeles County website Camino Nuevo Charter Academy isin its Subsidized Childcare and Development Programs

According to the Los Angeles County Department of Public Social Servicewebsite The Los Angeles County Office of Education Referral Guide forHomeless Children Youth amp Families includes Camino Nuevo Charter Academyand Camino Nuevo High School Charter in its list of Homeless Service Providers

in Los Angeles County

ETC

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6061

52

CHAPTER FIVE

ENOUGH

On October 13 2012 I arrived at my apartment in time to prepare yet another petrie dish sample again following the simple instructions on and in the packageThis time I collected dust from the plumbing access area This was the same areathat had been involved in the December 2009 water incident where A plumberunknowingly knocked the bathroom sink pipe off inside of the wall then ran thewater and instructed me to continue to run the water to flush the pipes for about 30minutes The plumbing access area was also the very same area from which thevisible mold observed around the bathtub and bathtub facet in January 2012appeared to be coming from

With the Los Angeles Housing Department having unexpectedly ordered the

sealing of the plumbing access rather than its repair it was my understanding that Iwould not have legal access to the area again until a Court ordered its unsealing ora repairmanplumberetc in accordance with the Housing Department orderunsealed it Shortly after my completion of the sampling Philip LanceCorydonProperties LLCrsquos repairman arrived to do the repairs and to seal the plumbingaccess per the Los Angeles Housing Departmentrsquos orders

On November 30 2012 I received the late results from the petrie dish sample The November 1 2012 Report included the documentation of the presence of thefollowing

1 Aspergillus (Eurotium) ldquoAllergic potential hellip Hay Fever allergic bronchopulmonary aspergillosis asthmardquo ldquoPotential or opportunistic pathogens hellip Immunosuppression is the major factor predisposing todevelopment of opportunistic infections These infections (aspergillosis) mayoccur in from local tissue involvement to dissemination Among allfilamentous fungi Aspergillus is in general the most commonly isolated one ininvasive infections It is the second most commonly recovered fungus inopportunistic mycoses following Candida

Almost any organ or system in the human body may be involvedAspergillus spp may also be local colonizers in previously developed lungcavities due to pulmonary diseases

Some Aspergillus spp produce various mycotoxins These mycotoxins bychronic ingestion have proven to possess carcinogenic potential particularly in animals Among these mycotoxins aflatoxin is well-knownand may induce hepatocellular carcinoma It is mostly produced byAspergillus flavus and contaminates foodstuff such as peanutsrdquo

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again

8132019 Philip J Lance of PND and CNCA slumlord as well as poverty pimp

httpslidepdfcomreaderfullphilip-j-lance-of-pnd-and-cnca-slumlord-as-well-as-poverty-pimp 6161

2 Penicillium ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Food soft cheeses house dust fabrics leather wallpaperwallpaper gluerdquo hellip ldquoMode of Dissemination hellip Wind insectsrdquo ldquoAllergicPotential hellip Hay Fever asthmardquo ldquoPotential or Opportunistic Pathogens hellip

Mycosesrdquo

3 Rhizopus ldquoNatural Habitat hellip A worldwide saprophytic fungi beingisolated from dead plant material and soilrdquo ldquoSuitable Substrates in the IndoorEnvironment hellip Stored fruits and vergetablesrdquo ldquoMode of Dissemination hellipWindrdquo ldquoAllergic Potential hellip Hay fever asthma hypersensitivityrdquoldquoPotential or Opportunistic Pathogens hellip Rhizopus spp are among the fungicausing the group of infections referred to as zygomycosis Rhizopus arrhizusis the most common cause of zygomycosis and is followed by Rhizopusmicrosporus var rhizopodiformis

Zygomycosis includes mucocutaneous rhinocerebral genitourinarygastrointestinal pulmonary and disseminated infections Diabeticketoacidosis and immunosuppression are the most frequent predisposingfactors Desferoxamine treatment renal failure extensive burns trauma andintravenous drug use may also predispose to development of zygomycosisZygomycosis is frequently fatalrdquo

On or about December 15 2012 my internet research would lead me to discoverthat Rhizopus wasis not the only mold spore identified in my multiple moldreports that has been proven to be deadly

On December 19 2012 in reference to yet another Unlawful DetainerEvictionfiled in November 2012 I made an offer to Corydon Properties LLC whichincluded the following

(1) Inspect the property with a mutually acceptable independent mold inspector(2) Follow the inspectorrsquos advice in terms of remediation

(a) After the remediation I will move back into the apartment(3) If no remediation is required I will move out(4) Back rent is to be waived irregardless of outcome of the inspection

According to Philip LanceCorydon Properties LLCrsquos attorney CorydonProperties LLC wanted time to think about it On January 15 2013 two days before the January 17 2013 continued trial date I was informed that CorydonProperties LLC had dismissed the case yet again