"We are committed to: The highest ethical standards. Uncompromising honesty and integrity." —The Windermere Mission Statement "In the real estate business somebody's word is very important. If you say you're going to do something, you've got to do it." —Windermere CEO Geoff Wood's Public Affirmation
AFTER UNSUCCESSFUL OPPOSITION, COURT ORDERS PRODUCTION OF RECORDS FROM BANK OF AMERICA REGARDING GARY E. KOVALL AND PEGGY SHAMBAUGH
WHEN DONE WITH THE "Opposition To Motion" ON THIS PAGE, READ THE ORIGINAL COMPLAINT IN THIS CASE: Nada L. Edwards, Gary E. Kovall, Robert A. Rosette, Rosette & Associates PC, Monteau & Peebles LLP, Fredericks & Peebles LLP, Fredericks Peebles & Morgan LLP, Sued in Case Referencing Windermere Coachella Valley's Peggy Shambaugh, Officially Listed as an "Interested Party." (Left) Attorney Defendant Gary E. Kovall, and wife Peggy Shambaugh, Realtor at Windermere Real Estate Coachella Valley, Indian Wells office.
WINDERMERE REALTOR PEGGY SHAMBAUGH'S OPPOSITION TO MOTION TO ENFORCE BUSINESS RECORDS SUBPOENAS SERVED ON BANK OF AMERICA STATES, "Instead of meeting their burden to show the information they seek is so highly relevant to their case as to justify the invasion of Ms. Shambaugh's privacy, they resort to speculation and name-calling, attempting to besmirch Ms. Shambaugh for being married to Mr. Kovall."
DOWNLOAD A PDF COPY OF THE OPPOSITION TO ENFORCE HERE
DOWNLOAD THE COURT'S ORDER RE PRODUCTION OF RECORDS FROM BANK OF AMERICA REGARDING GARY E KOVALL AND PEGGY SHAMBAUGH HERE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
TWENTY-NINE PALMS BAND OF MISSION INDIANS OF CALIFORNIA; TWENTY-NINE PALMS ENTERPRISES CORPORATION; and ECHO TRAIL HOLDINGS, LLC, a limited liability company,
NADA L. EDWARDS, an individual, GARY KOVALL, an individual, ROBERT A. ROSETTE, an individual, ROSETTE & ASSOCIATES PC, a professional corporation, MONTEAU & PEEBLES LLP, a partnership, FREDERICKS & PEEBLES, LLP, a partnership, FREDERICKS PEEBLES & MORGAN LLP, a partnership, and DOES 1 through 100,
Defendants
CASE NO.: 30-2009-00311045
PEGGY SHAMBAUGH’S OPPOSITION TO MOTION TO ENFORCE BUSINESS RECORDS SUBPOENAS SERVED ON BANK OF AMERICA AS TO PEGGY SHAMBAUGH
DATE: OCTOBER 7, 2010
TIME: 1:30 p.m.
DEPT. CX-101
Complaint Filed: 10/13/09
Trial Date: Not Yet Assigned
PEGGY SHAMBAUGH, a non-party to this action, hereby submits the following Opposition to plaintiffs' Motion to Enforce Business Records Subpoenas Served On Bank of America as to her private financial records.
I.
PLAINTIFFS BEAR THE BURDEN OF PROVING TO THE COURT THAT
COMPELLING REASONS EXIST THAT JUSTIFY VIOLATING NON-PARTY PEGGY
SHAMBAUGH'S INALIENABLE RIGHT TO PRIVACY
As plaintiffs have argued in their Motion to Quash Deposition Subpoenas Directed to Pacific Western Bank issued by National Demographics in the related case of Twenty-Nine Palms Band of Mission Indians of California v. David Alan Heslop, et al, RIC 10006101, the right of an individual to privacy in her personal and private affairs, including those involving financial bank records, is an "inalienable right" expressly protected by the California Constitution, Article I, Section I. Before a court may take the serious step of ordering the disclosure of private information, it must undertake a careful balancing between the right of the civil litigants to discover relevant facts and the "inalienable right" of a person to maintain reasonable privacy regarding the details of her private life, including her financial records. Valley Bank of Nevada v. Superior Court (1975) 15 CaUd 652, 656-57. As plaintiffs have conceded in their brief in the Riverside case, confidential financial information given to a bank by its customer is particularly subject to protection under the right to privacy. California courts have specifically held that a bank customer has a "reasonable expectation of privacy" as to the information she provides to her bank. A bank customer exchanges information and data with her bank with the understanding and expectation that it will be utilized only by the bank and only for internal banking purposes. Valley Bank of Nevada, supra., at p. 657. This right to privacy as to confidential customer information exists no matter what form the information takes, such as account information, checks, deposits, or other data. Fortunado v. Superior Court (2003) 114 CalApp.4,h 475, 480
As plaintiffs also concede, it is the burden of the person seeking the private financial information to demonstrate that the information sought is directly relevant to the issues arising in the case and that there is no less intrusive means, or other available sources, to obtain the needed information. Board of Trustees of Leland Standford Jr. University v. Superior Court (1981) 119 Cal.App.3d516, 525; Harding Lawson Associates v. Superior Court (1992) 10 Cal.App.4"' 7, 10; Harris v. Superior Court (1992) 3 Cal.App.4,h 661, 665. Even where relevancy is shown, if the disclosure of the private financial records invades the individual's right of privacy, the court may deny such discovery. Tien v. Superior Court (2006) 139 Cal.App.4lh 528, 539. The person seeking to invade the privacy of the third-person must show that there is a "compelling reason' for the individual's right of privacy to give way to the exigencies of litigation. The more sensitive the nature of the personal information, such as financial records, the greater the showing must be to justify the need for the discovery. Hooser v. Superior Court (2000) 84 Cal.Ap.4lh 997, 1004. The court must consider the stated purpose for the information sought, the effect disclosure could have on the affected person, the nature of the objections and the availability of alternative, less intrusive means for obtaining the requested information. Tien, supra., at p. 540.
In the instant case, plaintiffs have issued a subpoena to Bank of America for all of non party Peggy Shambaugh's private banking records, including: "any and all records in your possession, custody or control including but not limited to: account transaction records; items relating to account debits and credits; statements, signature cards, applications; stop payment orders or instructions, canceled checks, electronic transfer records, wire records, cash deposit and/or withdrawal records and/or communications related to any accounts maintained by YOU for" Peggy Shambaugh and Gary Kovall "for the period June 1, 2006 through September 30, 2008.1 Plaintiff has shown no compelling need to obtain Peggy Shambaugh's private financial.
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1 Three subpoenas were issued by plaintiffs to Bank of America: Subpoena No. 37218 was directed to KovalPs accounts only; Subpoena No. 37228 was directed to both Kovall and Shambaugh's accounts; Subpoena No. 37227 was directed to Shambaugh's accounts only.
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records from Bank of America in the instant case. Ms. Shambaugh is not a party to this action and there are no allegations, either in the instant case or the Riverside County case, that she paid, received or was involved in any alleged "kick-backs" between the other defendants in the various lawsuits filed by plaintiffs. (See FAC Twenty-Nine Palms Band of Mission Indians v. Heslop. RIC 10006101, attached as Exhibit A to this Opposition.) Although it is alleged she received a commission check in regard to her work as plaintiffs' real estate agent in connection with the purchase of the 47 acres of real property next to plaintiffs' Spotlight 29 Casino, plaintiffs already have a copy of that commission check.2 There is no issue as to whether or not Ms. Shambaugh received that commission. Ms. Shambaugh's personal financial information has no bearing on whether or not the attorney defendants in the instant case breached any contract or professional duties owed to plaintiffs. Thus, her private financial dealings should remain protected by this
court.
II.
PLAINTIFFS HAVE FAILED TO OFFER ANY LEGITMATE GROUNDS FOR
CONDUCTING A FISHING EXPEDITION INTO PEGGY SHAMBAUGH'S PRIVATE
BANKING RECORDS
In support of their Motion to Enforce the Bank of America subpoenas for Ms Shambaugh's private and personal information, plaintiffs merely recite that she is the wife of defendant Gary Kovall and was at one point involved in a personal relationship with him prior to their marriage (as if this were some sort of mortal sin.) Instead of meeting their burden to show the information they seek is so highly relevant to their case as to justify the invasion of Ms. Shambaugh's privacy, they resort to speculation and name-calling, attempting to besmirch Ms. Shambaugh for being married to Mr. Kovall. (See Plaintiffs' Motion to Enforce, p. 3, line 3-5.
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2 The commission checks to Windermere Real Estate Coachella Valley and Peggy Shambaugh were produced to plaintiffs pursuant to a Request for Production of Documents and were also obtained by plaintiffs through a subpoena of the escrow file for this transaction.
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lines 12-15 and footnote 2; p. 5, lines 8-13, 15-18.) Plaintiffs offer no concrete evidence or convincing argument to show why her bank records would be relevant in the instant professional liability case. Rather, they rely upon her relationship to Mr. Kovall (even though she was not even married to him at the time of the events alleged in the First Amended Complaint - see Plaintiffs' brief p. 8, lines 4-7) and her status as a defendant in the related Riverside County case of Twenty-Nine Palms Bank of Mission Indians of California v. Heslop, et al. As plaintiffs' counsel declares in his purported "meet and confer" letter of July 14, 2010, on this subject, "I find it somewhat disingenuous that you have served such objections on behalf of Ms Shambaugh, in light of the fact that she is a party to the Twenty-Nine Palms Band of Mission Indians v. Heslop action and is married to Gary Kovall." In other words, in the eyes of plaintiffs, Ms. Shambaugh is guilty by association. If being associated with a defendant in a lawsuit were sufficient grounds for having one's privacy invaded and one's complete financial banking records produced in a lawsuit, there would be no such thing as a right to privacy.
Contrary to plaintiffs' representation in their brief, this court has NOT made any assessment, evaluation or adjudication as to the Objections lodged by Ms. Shambaugh to the wholesale subpoenaing of her private banking records by plaintiffs in this case to which she is not even a party. As plaintiffs admit in their moving papers, they issued this subpoena for Peggy Shambaugh's bank records merely because they believe she had a personal relationship with a defendant in the instant action, Gary Kovall, at the time of the events chronicled in the First Amended Complaint. Although plaintiffs are claiming that some checks between two non parties to this instant action, Paul Bardos and David Alan Heslop, constitute "illegal kickbacks' this is sheer speculation on their part. Of note, there are no allegations in either the instant lawsuit or the Riverside County case (in which Ms. Shambaugh is a defendant) that she was the recipient of any alleged "kick-backs." Rather, the Riverside County case alleges Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Breach of Fiduciary Duty and Professional Negligence against Ms. Shambaugh. (See FAC, attached as Exhibit A to Opposition.)
Plaintiffs have completely ignored the "careful balancing of the right of civil litigants to discover relevant facts, on the one hand, with the right of bank customers to maintain reasonable privacy regarding their financial affairs, on the other" laid out in the very case they cited in their brief. Valley Bank of Nevada, supra, at p. 657. The California Supreme Court requires that the court consider the purpose of the information sought, the effect of the disclosure on the parties, the nature of the objections, and the ability of the requesting party to obtain the information in another form or from other sources. Valley Bank of Nevada, supra., at p. 657; Tien, supra., at p. 540.
Plaintiffs have failed to specify exactly what information they are seeking from Ms Shambaugh's bank accounts and to what purpose this information would be used in the instant case. Although they speculate that Ms. Shambaugh could have received some "kick-backs" from Heslop on behalf of Gary Kovall, and that she may have "received improper payments of monies at plaintiffs expense" they have not concretely described exactly how this would be evidenced by the documents they have subpoenaed. Certainly Ms. Shambaugh's applications, signature cards, communications, statements, stop payment orders, transaction records, debits and credits will not yield any information as to the "kick-back" issue. Plaintiffs have failed to site any particular purpose for issuing this subpoena and have failed to offer any information as to what they intend to do with the information once it is in their hands. They have not produced even one piece of evidence to justify their wholesale invasion of Ms. Shambaugh's private financial records. If being associated with a defendant was a sufficient basis for the subpoena of private banking records, then every single friend and family member of any defendants in any litigation would be vulnerable to the invasion of their personal matters. Clearly, under California law, "association" with a defendant is woefully insufficient. In the absence of any showing of purpose, relevancy and need, plaintiffs subpoena is merely a ploy designed harass and intimidate Ms. Shambaugh and to obtain personal information to use against her in the Riverside case.
Plaintiffs have also failed to address the effect the release of Ms. Shambaugh's private information would have on her. Although a subpoena for bank records immediately brings to mind "financial privacy rights", the production of these records would also invade Ms. Shambaugh's privacy in other personal matters. The records held by Bank of America would necessarily contain information relating to Ms. Shambaugh and to her family's medical doctors, medical treatment, clubs and associations, legal issues, friends, family issues, political affiliations, credit standing, and other private matters. Privacy in one's associations is a constitutionally protected right and courts require an even heavier burden for the disclosure of such information. A party attempting to acquire such information must not only demonstrate a compelling state interest, but also make a showing that the purpose pursued cannot be more narrowly achieved. Brilt v. The Superior Court (1978) 20 Cal.3d 844, 855-56. Plaintiff has nol even stated a "compelling interest" let alone showed that the information they are seeking cannot be determined by another manner.
Plaintiffs profess that their interest in her private banking information is based upon their speculation that maybe she received alleged "kick-backs" from non-parties Paul Bardos or David Alan Heslop and then passed them on to Gary Kovall, a defendant in this malpractice action. Thus, Ms. Shambaugh's conduct is not at issue in this case. If indeed they are merely interested in determining whether or not Ms. Shambaugh received improper monies, or passed on these monies, to other defendants who they claim actually took part in the alleged "kick-back" scheme they can make this determination by obtain the bank records of these targeted defendants. Any payments to or from Ms. Shambaugh would be evidenced in the bank records of these defendants. Plaintiffs do not need Ms. Shambaugh's bank records to make this determination.
Plaintiffs have failed to make any showing that the factors required to invade the privacy of a third-person by obtaining her private financial documents and other personal information, have been satisfied. Nor have they demonstrated that their purpose for issuing these subpoenas, cannot be satisfied by a means that does not invade Ms. Shambaugh's privacy. Thus, their Motion to Enforce should be denied.
III.
PLAINTIFFS ARE ATTEMPTING TO CIRC!JMVENT THE STATUTORY
PRECLUSION AGAINST DISCOVERY OF SHAMBAIJGH'S FINANCIAL
CONDITION IN THE RIVERSIDE CASE BY CONDUCTING THAT DISCOVERY IN THE INSTANT CASE
Civil Code Section 3295(a)-(c) provides that a plaintiff may NOT conduct any pre-trial discovery as to a defendant's financial condition, or to the alleged profits gained by a defendant by virtue of the alleged wrongful course of conduct, unless the court first enters an order permitting such discovery. Plaintiffs' subpoena of "any and all records" relating to Peggy Shambaugh's private bank account and banking information at Bank of America from June 2006 through September 30, 2008, is an attempt to circumvent the statutory proscription on the discovery of a defendant's financial information that prevents plaintiffs from pursuing these records in the related case in which Ms. Shambaugh is a defendant. This tactic of conducting discovery in one case to use in related cases is not new with this Motion. Plaintiffs have filed three different lawsuits in three different counties. They have obtained, or attempted to obtain three corresponding confidentiality agreements to prevent defendants in those lawsuits from sharing information. They are now proceeding to exploit this tactical advantage by manipulating the discovery in all three actions to their own benefit and to the detriment of the defendants While defendants are restricted from sharing information, plaintiffs freely use this information in whichever case they wish. An example of this tactic is plaintiffs' use of David Alan Heslop's personal financial information which they obtained from the San Bernardino case against Paul Bardos. Plaintiffs succeeded in having the instant court remove the confidentiality restrictions placed on the Paul Bardos/San Bernardino case documents. From these records plaintiffs obtained banking information as to David Alan Heslop, a defendant in the Riverside action which enabled them to subpoena and obtain his private records to use against Heslop in the Riverside action. Such an abuse of the discovery statutes and manipulation of the discovery process should not be condoned, or aided, by the court.
V.
CONCLUSION
Plaintiffs have made no compelling showing that their need for the information listed in their subpoena to Ban, of America overrides Ms. Shambaugh's inalienable right to privacy, her personal affairs and financial records. Their stated basis for issuing this subpoena, Ms. Shambaugh's association with Gary Kovall, is grossly insufficient. They have not provided any evidence to show Ms. Shambaugh's banking records are relevant to the issues of attorney malpractice and breach of contract in the instant case. In addition, it is clear plaintiffs do NOT need the information in Ms. Shambaugh's bank records at all in order to pursue their case against the attorney defendants in this action. Finally, plaintiffs are prohibited by statute from obtaining financial information as to a defendant in an action, absent court order, and cannot circumvent this statutory provision by issuing subpoenas in a related case.
Based upon the foregoing, the pleadings and files in this action, Ms. Shambaugh respectfully requests that the court deny plaintiffs' Motion to Enforce the Business Records Subpoenas Served on Bank of America as to Peggy Shambaugh.
DATED: September 24, 2010 SUNDERLAND I MCCUTCHAN LLP
By: ___________________________
Robert J. Sunderland
Cheryl D. Davidson
Attorneys for PEGGY SHAMBAUGH
DOWNLOAD A PDF COPY OF THE OPPOSITION TO ENFORCE HERE
DOWNLOAD THE COURT'S ORDER RE PRODUCTION OF RECORDS FROM BANK OF AMERICA REGARDING GARY E KOVALL AND PEGGY SHAMBAUGH HERE
CURRENT TOP 
REPORT LINKS:
FBI & U.S. ATTORNEY INVESTIGATE WINDERMERE COACHELLA VALLEY, CHARGED WITH PROFESSIONAL NEGLIGENCE, UNFAIR TRADE PRACTICES & OTHER CLAIMS IN $30 MILLION-PLUS DEAL—COMPLAINT ALLEGES WINDERMERE SERVICES IS AN "UNLICENSED ENTITY" FIFTH AMENDMENT CASE MANAGEMENT UPDATE: "...the following additional matters be considered or determined at the case management conference (specify): Fifth Amendment Privilege issue as to Peggy Shambaugh, defendant and major witness."
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LITIGATION WITH WINDERMERE REAL ESTATE? DON'T EXPECT HONEST, AVERAGE LEGAL COMPETENCE—OR EVEN COMMON DECENCY: Opposing counsel and legal professionals should take note of Windermere Services Company and Demco Law Firm Lying Lawyers and Legal Process Cheats, Paul Stephen Drayna and Matthew F. Davis (shown left, respectively), by clicking here for salient review of these two princes of process abuse and unethical misconduct. Holding lawyers in low esteem has become a national pastime, and absolutely craven, crooked characters like Drayna and Davis are just a couple of the many reasons why. Windermere must often be compelled by courts to provide or participate in discovery—as in this example. For information on Windermere Services Company's privity with franchises—click here.
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Are you considering LISTING YOUR HOME with Windermere, or BUYING A HOME LISTED by Windermere? Despite Windermere's false promotion of "Uncompromising honesty and integrity," if anything goes wrong in your Windermere home deal, WINDERMERE WILL FORCE YOU TO SUE. Before you buy or sell with Windermere, focus on the risk of Windermere's well-documented history of unethical misconduct in home transactions:
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The Windermere Relocation Rape Case: Court Declares that Windermere "...condoned a rape by a business colleague..."
The incredibly violent and insidious psychological ramifications of rape, connected through an “abusive work environment” serves as an unfortunate—yet credible—subtext for the way in which Windermere Real Estate treats employees and defrauded, damaged customers alike. Windermere’s application of aggressive, wasteful and mendacious litigation to stall and ruin innocent consumers serves as the coercive metaphor of corporate power and arrogance: Windermere has no genuine concern for the damage it has done to people or communities, It cares only about how to manipulate the law and the courts to avoid any legal responsibility—and about how to deflect bad PR with disingenuous promotion.
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All citizens who abhor such treatment of women in the workplace should recall Maureen Little v. Windermere Relocation when choosing real estate services. WindermereWatch visitors will also want to read the United States District Court of Appeals Ninth Circuit's Order and Amended Opinion from the Little case.
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Complaint alleges Windermere Auburn and Lake Tapps owner told employee: "You're nothing without me! We don't date, you don't have a job!" ... "Tollen ridiculed Clark, humiliated her and verbally abused her at work and in public ... Tollen grabbed Clark and threw her against garbage cans. She fell. While she was lying on the ground Tollen kicked her at least ten times, yelling "You're a piece of shit! ..."
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ABSOLUTELY SHAMELESS LIARS, BULLIES, COWARDS and PUBLIC PREDATORS: Windermere Founder and Chairman, John W. Jacobi (left), and Windermere Services General Counsel, attorney and Jacobi yes-man, Paul Stephen Drayna—a University of Wisconsin Law School alumnus (right)—ruin damaged Windermere customers with marketing lies and the costly, mendacious lawsuits they file against defrauded Windermere victims who speak publicly. Jacobi and Drayna falsely sue an outspoken party for trade libel and defamation, try to coerce the defendant into a "dark clause" settlement agreement through fear and intimidation, continue to prosecute the bogus action for years at enormous cost to the parties, then run away and voluntarily dismiss their own lawsuit under Civil Rule 41, just prior to trial, when the honest, innocent victim persists in refusing to sign away their speech rights. Is Windermere Real Estate one of Washington's most respected brands? GET THE FACTS HERE
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BOISE, IDAHO, WINDERMERE REAL ESTATE/RICHARD B. SMITH and ITS ECOBROKER, MINDI MCALLASTER, SUED FOR BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY, NEGLIGENCE, AND VIOLATION OF THE CONSUMER PROTECTION ACT IN MOLDY HOME CASE WHERE BUYER WAS FORCED TO MOVE FROM THE NEWLY PURCHASED PROPERTY (Shown at left to right) Jason Gray Smith, Broker/Owner/EcoBroker at Boise, Idaho, Windermere Real Estate/Richard B. Smith, who states on his Windermere webpage, "Your broker must be there for you during each part of the deal..."; Shelley Smith Eichmann, Owner at Windermere Real Estate/Richard B. Smith; and Mindi McAllaster, AB & EcoBroker at Boise, Idaho, Windermere Real Estate/Richard B. Smith, who says on her Windermere webpage, "I joined Windermere/Richard B. Smith because of its mission to serve the community through leadership, the highest ethical standards,and uncompromising honesty and integrity..."
WINDERMERE REAL ESTATE/CAPITAL GROUP of BOISE, IDAHO, SUED FOR VIOLATION OF THE FAIR HOUSING ACT—TITLE VIII of the CIVIL RIGHTS ACT of 1968. WINDERMERE AGENT MARY LIESE ALLEGED TO HAVE TOLD AN IFHC TESTER, "WE PREFER PEOPLE 55 AND OVER." Complaint Charges: "The Defendants have engaged in coercion, intimidation..." CASE UPDATE 07/19/2011: Stipulation of Dismissal filed by Intermountain Fair Housing Council. Defendants Steve Osburn and Mary Liese are now listed as employees at Windermere Boise—Access Realty.
Windermere Real Estate Bellevue Commons Sued for Unlawful Removal and Exclusion of Plaintiff from the Residence, Negligence, Breach of Statutory Duty, Conversion, and Violation of the Consumer Protection Act. Windermere Bellevue Commons Sales Associate Tony Ferrelli's Alleged Response when Informed of Plaintiff's Missing Personal Property was "Not my problem." Get the Windermere Bellevue Commons Answer here. Left to right) Windermere Bellevue Commons associate Tony Ferrelli, associate Marcus Crane, and Windermere Bellevue Commons owners Courtney Adams, and Amy Adams, whose Windermere web page states "I strongly believe that everyone should be treated with kindness, fairness, caring, and honesty." But does Ms. Adams' definition of honesty include informing the Bellevue Commons clients of Dick and Cecilia Pelascini about their violation of the consumer protection act? GET THE STORY HERE
WINDERMERE BELLEVUE COMMONS ASSOCIATE BROKER DICK PELASCINI'S FORECLOSURE RESCUE RIPOFF SCAM: "At about the period of Pace-Knapp’s initial notices of foreclosure, Windermere Associate Broker Dick Pelascini (left), and Thomas Boboth of Pacific Shoreline Mortgage, individually approached her at her home. She knew neither of the men, but they were clearly aware of her pending foreclosure. They offered to collaborate with Pace-Knapp in an effort to save her home. Pelascini and Boboth each proffered business cards, identifying each respectively as a broker at a real estate company, and the president of a mortgage company. The pair visited many times over the ensuing weeks, continually offering to help her. Neither man ever stated they wanted to buy her house, or offer her a loan. Pace-Knapp declined their offers of help." Click here for this report and the Court's opinion
WINDERMERE REAL ESTATE/WEST CAMPUS, FEDERAL WAY, WASHINGTON, AND ITS AGENT DAN DENNIS, SUED FOR BREACH OF CONTRACT, FRAUDULENT MISREPRESENTATION, UNJUST ENRICHMENT, AND NEGLIGENT MISREPRESENTATION. Complaint alleges that “…Windermere Real Estate/West Campus, Inc. and Dan Dennis SUPPLIED FALSE INFORMATION to AMERCO in its business transaction…" (Shown left to right) Windermere Defendant Dan Dennis, the generic silhouette head of John A. Tidwell, Manager, Owner and Designated Broker of Windermere West Campus.
Windermere Real Estate West Campus Federal Way; Agents Dan Dennis and Cheryl Crutcher Sued by Newport Village Condominium Owners Association for Misrepresentations and/or Omissions of Material Fact, Fraudulent Concealment, and Violation of the Consumer Protection Act. (Shown left to right) Windermere Real Estate/West Campus Federal Way Defendants Broker Dan Dennis and Salesperson Cheryl Crutcher. The generic silhouette of John A. Tidwell, Owner and Designated Broker of Windermere West Campus Federal Way. Complaint alleges "... intentionally and/or negligently failed to disclose facts regarding known defects and physical hazards..."
Maria Kalafatich of WINDERMERE PROFESSIONAL PARTNERS, Tacoma, Sued for Negligent Misrepresentation, Fraud and Fraudulent Concealment, Rescission, Violation of the Washington Consumer Protection Act, Professional Negligence / Violation of RCW 18.86.030. Leslie Walters of WINDERMERE COMMENCEMENT ASSOCIATES, Tacoma, Sued for Professional Negligence /Violation of RCW 18.86.030. Defendants WINDERMERE PROFESSIONAL PARTNERS, LLC, and WINDERMERE COMMENCEMENT ASSOCIATES, INC., Sued for Vicarious Liability Under RCW 18.85.155 as Liable for the Tortius Conduct of Defendants Kalafatich and Walters. (Left to right) : Windermere Professional Partners' Maria Kalafatich, who states on her Windermere web page that "My clients appreciate my integrity..." Windermere Commencement Associates' Leslie Walters, Windermere Commencement Associates owners David Sinding and Dick Beeson. Windermere Professional Partners owner Michael Robinson.
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WINDERMERE AFFILIATED SERVICE COMPANIES: CW TITLE REPORTS—PREVIOUSLY COMMONWEALTH LAND TITLE OF PUGET SOUND
CW TITLE REVIEWS: "I'M STILL WAITING TO CLOSE ON MY PROPERTY BECAUSE OF HER LIES."
Windermere's Commonwealth Land Title of Puget Sound—AKA CW Title—Sued for Slander of Title and CPA Violation: Dismissal Update
Jury Finds Windermere's Commonwealth Land Title Company of Puget Sound Negligent, Awards $1,190,000.00
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, a Texas Limited Partnership; NORTHWEST TRUSTEE SERVICES CORPORATION, a Washington Corporation; COMMONWEALTH LAND AND TITLE OF PUGET SOUND, LLC, a Washington Limited Liability Company; FEDERAL HOME LOAN MORTGAGE CORPORATION, a United States Government Sponsored Enterprise, sued for Wrongful Foreclosure, Violation of the Consumer Protection Act, and other claims. Complaint alleges: "This is a violation of the Trustee's duty of good faith as provided by statute and a violation of federal statutes."
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PROMINENT SEATTLE CHORAL GROUP USES CIVIL RIGHTS BASHING, UNETHICAL PREDATOR LAWYER FOR ITS LEGAL COUNSEL
A Message to Seattle Pro Musica's Board of Directors about its relationship with Legal Predator Paul S. Drayna and Windermere Services Company: The business ethics and civil conduct your 501(c)3 board members demonstrate at their regular employment also reflects on the way Seattle Pro Musica is managed, on its professed core values, and on its high public duties of social responsibility and absolute financial integrity.
ATTENTION SEATTLE PRO MUSICA BOARD MEMBERS:
Noreen King, President, Seattle Pro Musica; Sales Manager Belo, Inc.
Katie Oman, Vice President, Seattle Pro Musica; Fisher Dachs Associates, Project Manager; Fermata Consulting, Principal
Josh Smith, Treasurer, Seattle Pro Musica; Director, Cost Analysis, Washington Dental Services
Paul S. Drayna, Corporate Secretary/Legal Counsel, Seattle Pro Musica; General Counsel, Windermere Services Company
J Howard Boyd, Board Member, Seattle Pro Musica; Zanadu Comics, Downtown Seattle Store, Manager
Carole Jones, Chair, Marketing Committee; Carole Jones Design, Principal
Jim Nuerenberg, Board Member, Seattle Pro Musica; The Boeing Company, Project Manager
Laura Patton-Ballard, Chair, Membership Committee; Physician, Group Health Cooperative, ret.
Christa M. Phillipson, Chair, Education and Outreach Committee, Seattle Pro Musica;
Austrian Classics, a Music Education Institute, Sole Proprietor
Urging the public: Don't support or donate to Seattle Pro Musica choral group (shown above left).
At his employment as Windermere Services General Counsel, predator attorney Paul Stephen Drayna sues innocent, financially-ruined homebuyer victims of Windermere fraud, through false and mendacious lawsuits of intimidation that seek to silence those victims and permanently terminate their speech rights. Implicit in his phony, expensive, and emotionally-distressing litigation, Windermere counsel illegally abuses process by inferring to victims that if they sign a "settlement agreement" proposed by Windermere which prevents in perpetuity any future speech about their Windermere experience (examples here), Windermere will dismiss the action against them. When victims won't sign, Drayna runs away and voluntarily dismisses his own bogus lawsuit under CR41. Is Windermere prevaricating legal bully Paul S. Drayna snickering (left) because he's so good at wrecking homes and families—and running away from Windermere's fraudulent promotion of "The highest ethical standards. Uncompromising honesty and integrity."? Or does he just enjoy thinking about Windermere victims losing their whole lives, their homes, and sleeping under bridges? To learn more about Mr. Drayna's business and professional ethics, click here.
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Windermere Real Estate Allen & Associates Agent Lance Miller's Deliberate Non-Disclosure of Home's Prior Use as Pot Farm and Methamphetamine Laboratory: Eva and Eddie Bloor relocated to Longview, in Washington State, and purchased a home from Charmaine and Robert Fritz through Lance Miller at Windermere Real Estate/Allen & Associates, who served as dual agent for both for both parties. The Fritzes and Miller both opted to withhold their knowledge that the onetime rental property had been a site for marijuana farming and methamphetamine production. Windermere and Miller were cognizant of the property’s prior use because Windermere staff managed the rental home months earlier when a drug raid occurred, and they subsequently issued a notice of eviction on the tenants after learning of their illicit operation. Locals all herd the news, including the Fritzes, who conversed about it with others. (Left, Lance Miller of Windermere Allen & Associates.) IF YOU'RE CONSIDERING DEALING WITH WINDERMERE REAL ESTATE, YOU ABSOLUTELY OWE IT TO YOURSELF—AND YOUR FAMILY—TO READ THIS REPORT BY CLICKING HERE.
Windermere Real Estate Northwest, Inc., Agent Howard Johnson, Broker and Branch Manager Loretta Larson, Sued for Violation of the Washington State Securities Act (WSSA), Negligence, Negligent Misrepresentation, Negligent Supervision (Against Windermere and Larson), Breach of Fiduciary Duty, Violation of Washington's Consumer Protection Act: (Left to right) Generic silhouette head of Steven Kieburtz, CEO and Owner, Windermere Real Estate/Northwest; April Kieburtz, President, Designated Broker, and Owner Windermere Real Estate/Northwest; and Loretta Larson, Manager and Broker, Windermere Real Estate/Northwest. Read the complete report here.
Windermere Real Estate Bainbridge Island and Associate Broker Debbie Nitsche (left) Sued for Copyright Infringement, Violation of the Lanham Act, and Unfair Competition: "Without permission of Plaintiff Lawrence, Defendants selected, modified and placed Plaintiff’s photograph as modified in the “Walkthrough Media” video... As part of their video and/or website services, Defendants Clark, Nohre and/or GraphicalData sold and distributed the video to various real estate agents, including without limitation, Debbie Nitsche..."
Washington State Representative Marcie Maxwell is a Windermere Associate Broker who never revealed her knowledge of a home’s septic system defects: Once again, Windermere escapes the legal responsibility for damages based not upon the merits of a case, but by exploiting our dysfunctional courts; and also through the disingenuous machinations and legal gymnastics of its ethically-challenged and crafty Demco counsel. (Left) Washington State Representative and Windermere Associate Broker, Marcie Maxwell. CLICK HERE FOR YET ANOTHER UPDATE ON SHENANIGANS OUR ELECTED OFFICIALS ARE UP TO...
Windermere Agent Recommends Rookie Inspector Who Misses Toxic Mold. (Left) Judy Bigelow, agent for Windermere Real Estate / West Sound, Silverdale. RCW 18.86.030: "Regardless of whether the licensee is an agent, a licensee owes to all parties to whom the licensee renders real estate brokerage services the following duties, which may not be waived: (a) To exercise reasonable skill and care; (b) To deal honestly and in good faith."
Windermere Real Estate Oak Tree and Broker Steve Laevastu Sued for Negligent Misrepresentation and Violation of the Consumer Protection Act. "Defendants Laevastu, on behalf of himself, Windermere and other defendants, misrepresented the history and quality of the Stationhouse to the current owners of Units A, B, and C prior to their purchase of a unit at Stationhouse. These buyers reasonably relied on the representations of Laevatsu and Windermere when they decided to purchase their units." (Left) Broker Steve Laevatsu of Windermere Real Estate / Oak Tree.
UNITED STATES SENATOR MARIA CANTWELL TAKES A WHOPPING $49,200 IN CAMPAIGN CONTRIBUTIONS FROM PUBLIC PREDATOR WINDERMERE REAL ESTATE! (Left) Senator Maria Cantwell, Democrat from Washington State, whose website says she "...is driven by her duty to serve the people..." Judging by Ms. Cantwell's ginormous appetite for Windermere money, she must mean her duty to
After Nearly 7 Years Producing Commission for Windermere Services and Windermere Spokane Valley Owner Cate Moye, Convicted Robbery Felon and Shotgun-Shootout Windermere Agent, Nicholas Granly, Mysteriously Disappeared from the Windermere Real Estate/Valley Roster, just as Owner Moye is Nominated for Vice Chair of Washington’s Real Estate Commission. Did Ms. Moye ever advise ANY of her unsuspecting clients that Mr. Granly might be showing their homes—or grant them the opportunity to deny Windermere agent Granly access to their homes? (Shown left to right) Cate Moye, Owner Windermere Real Estate/Valley, Spokane; Washington State Governor Chris Gregoire; Washington State Department Of Licensing's Director Liz Luce; and Windermere Real Estate/Valley, Spokane's Agent Nicholas Granly.
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BUYERS BEWARE: DON'T PURCHASE PROPERTIES BUILT BY BENNETT HOMES OF BELLEVUE
Bennett Homes of Bellevue is Generating Commission Revenue for Public Predator Windermere Real Estate: FOR THEIR OWN PROTECTION, consumers are urged to refuse seeing—OR BUYING—Bennett Homes represented by Windermere Real Estate and Windermere Bellevue Commons. PROTECT YOUR RIGHT to ETHICAL CONDUCT in REAL ESTATE TRANSACTIONS. (At left, Bennett’s Drake, Bridgeport, and Andover homes, respectively
National Real Estate Fraud Center—Windermere Real Estate Case Histories:
SOUND BUILT HOMES V. WINDERMERE REAL ESTATE SOUTH: "Accordingly, Sound Built is now entitled to a judgment against Windermere..."
"DUAL AGENCY IS PERILOUS" says Court. "...Windermere did not advise the Lunsfords that it would present the Thomas offer." LUNSFORD v. FRALEY
EARNEST MONEY FORFEITURE: Court rules "...plain language of RCW 64.04.005 does not allow substantial compliance..." CHRISP v. GOLL
Important Washington Real Estate Court Cases:
Svendsen v Stock: Washington Consumer Protection Act Applies to Real Estate Brokers
An important message to University of Washington administrators, staff and regents about The Windermere Cup, social responsibility, and the University's relationship with John Wood Jacobi and Windermere Real Estate
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• Welcome to WindermereWatch •
Is WindermereWatch.com of social benefit to consumers and the public? You decide:
Windermere Real Estate is one of our country’s largest real estate companies and widely promotes a fraudulent express warranty that states “We are committed to... The highest ethical standards. Uncompromising honesty and integrity.” The definition of an express warranty from Black's Law Dictionary is: "A warranty created by the overt words or actions of the seller. • Under the UCC, an express warranty is created by any of the following: (1) an affirmation of fact or promise made by the seller to the buyer relating to the goods that becomes the basis of the bargain."
But when customers are victimized by dishonest Windermere brokers and agents, and complain in writing through legal counsel to franchiser Windermere Services Company, it is absolutely silent in the face of clear and convincing evidence, and forces the customer to sue or go away. In many cases, unsuspecting consumer lives are thrown into complete chaos through costly litigation; and also because the subject homes may actually be uninhabitable or unserviceable for reasons about which Windermere knew and had a legal obligation to disclose—but did not. For some victims, the long and expensive litigation forced upon them even results in bankruptcy and homelessness. Despite their clear evidence, many victims go on to lose in court because they can't afford attorneys or have no legal experience, and Windermere exploits those impediments to endless advantage—lives, homes, and personal finances are ruined forever. And Windermere expects those victims to just go away without their lives and homes, merely for buying a house through Windermere Real Estate, innocently.
Although such irrefutable evidence of Windermere broker/agent misconduct has been presented to franchiser Windermere Services Company, it knowingly continues collecting commissions from dishonest agents and brokers by deliberately passing them on to other unwitting consumers. Just one example is Windermere S.C.A. Redmond's Paul Stickney, who received a $522,200 court judgment for not disclosing a conflict of interest, but is still producing commissions for his Windermere SCA franchise, and Windermere Services Company. Is that the "Highest ethical standards. Uncompromising honesty and integrity?"
When victims use the media to report their Windermere experiences honestly, Windermere sues them for libel and defamation through false lawsuits to intimidate, silence, and hush bad PR—read one of those lawsuits here. It then tries to coerce victims into signing a “dark clause settlement agreement” that permanently terminates their speech rights—read some of those "settlement" agreements here. Through an expensive and emotionally distressing roller coaster ride with Windermere's nasty Demco lawyers, a victim of Windermere fraud is told they will be taken all the way to trial on trumped-up libel and defamation charges, and if they don't sign the dark clause, their life and future will be ruined. When a victim persists in refusing to sign, Windermere voluntarily dismisses its own lawsuit under Civil Rule 41, just before trial, after costing the victim years and yet thousands more to defend against the false action. This predatory legal tactic is known as abuse of process or malicious prosecution. In one example cited below, franchiser Windermere Services Company served an outspoken victim a lawsuit for libel and defamation, and then immediately sent them an email instructing that they "...need not hire an attorney," and further stating, “…we will try to resolve this directly and outside the legal system.”
Every Windermere office in every state is legally tied to franchiser Windermere Services Company's fraudulent express warranty, false advertising, predatory conduct and policies through privity and its pecuniary franchise agreement. Some legal observers believe that Windermere's conduct has RICO and Civil Rights violation implications. If you have recently purchased a Windermere franchise without having been disclosed Windermere's falling brand value, PR decline, and its adverse website problems, click here for its duty of disclosure under Federal Trade Commission rules. Proof that Windermere Services Company knew about WindermereWatch.com in March of 2007 is in this document.
Windermere Real Estate is a textbook corporate predator who operates franchises in Washington State, Oregon, California, Arizona, Nevada, Utah, Idaho, Montana, Hawaii and British Columbia. Windermere repeatedly makes the false claim that it has offices in Wyoming, but it does not. If you’re buying or selling property through ANY Windermere office, a percentage from your transaction will be used by franchiser Windermere Services Company to silence and financially ruin innocent parties who’ve encountered Windermere fraud. Windermere won't pay legitimate damages or acknowledge wrongdoing, and will stall settlement of cases all the way to state supreme courts, a legal strategy that Windermere routinely employs to bankrupt victims and exhaust their resources.
We believe the information presented here is of profound social benefit to consumers and the community, and we are dedicated to providing it.
THROUGH FEES AND COMMISSIONS PAID TO FRANCHISER WINDERMERE SERVICES COMPANY, EVERY WINDERMERE NETWORK OFFICE IN EVERY STATE IS AN ENTHUSIASTIC PARTNER AND KNOWING ACCESSORY TO WINDERMERE MARKETING FRAUD AND ITS PREDATORY POLICIES
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WINDERMERE: AMERICA'S PREDATORY REAL ESTATE ENTERPRISE
Consumer advocates, legal experts and elected lawmakers all agree that the American real estate industry demands greater regulation to protect consumers from the human disaster of real estate fraud perpetrated by unethical realtors employed at companies like Windermere Real Estate. Windermere manipulates our clogged, inundated courts and the justice system to stall, wear down and financially exhaust victimized consumers, many of whom are wiped-out by the cost of pursuing civil justice in a process where innocent victims must CHASE perpetrators of real estate fraud through the courts AFTER a fraudulent offense has been committed. Acts of fraud are so common and widespread throughout the Windermere real estate network, that the defense of real estate fraud has become has become just another bottomline expense on the Windermere balance sheet. And the litigation nightmare of real estate fraud can happen to anyone who deals with Windermere Real Estate. It could happen to you. Windermere is by far the most unethical, deceitful, and culturally toxic real estate company operating in the United States. Windermere knowingly, deliberately, and unabashedly profits on corrupt franchise owners, brokers and agents with proven histories of fraud and ethical misconduct, many of whom are profiled in the pages of WindermereWatch.com. Despite Windermere's well-documented assault on victim speech rights, more and more unconscionable cases of Windermere fraud continue emerging.
Windermere is headquartered in Seattle, at franchiser Windermere Services Company. It was founded by John W. Jacobi, and he has kept the company a private, family-owned enterprise, eluding the transparency and ethical accountability required by stockholders. For decades, Windermere has harnessed the art of positive PR, affixing itself—however superficially—to community art events, the homeless, and even an annual college rowing competition which opens Seattle's boating season—the Windermere Cup—irresponsibly promoted by, and in conjunction with, the University of Washington. But those are the disingenuous and cynical sideshows created by an adept market manipulator, shown only briefly to the public, to obscure and obfuscate Windermere's true predatory nature.
FRANCHISER WINDERMERE SERVICES' MANAGEMENT TEAM AND DESIGNATED GOVERNING PEOPLE: EXPERTS IN MARKETING FRAUD, ABUSE OF THE LEGAL PROCESS, AND AT COERCING DAMAGED WINDERMERE CLIENTS INTO SILENCE BY SUPPRESSING THEIR SPEECH RIGHTS
The shameless greed and repugnant ethics of Seattle's Jacobi family, deliberately profiting on the loss and suffering of Windermere victims through commissions on the fraudulent home deals and unlawful misconduct of dishonest Windermere agents, brokers and franchise owners. Forget human decency, commercial reputation or social responsibility—it's all about the money.
Before turning the business over to his children and son-in-law, Windermere founder John W. Jacobi (left) simply ignored any complaints of fraud from Windermere victims, sending them straight to the lawyers. Yet despite claims of retirement, Jacobi is still indeed quite active at franchiser Windermere Services Company:
In Complaint 10-2-36192-8 SEA, filed in King County Superior Court on October 12, 2010, Windermere Services Company has sued former Windermere Puyallup Canyon Road owner Joe Maxwell for default on an “Unconditional Guaranty of Payment” promissory note. The Maxwell Answer and Counterclaims state that the “Plaintiff's [Windermere Services Company] claims are barred by Plaintiff’s fraud, duress, and unclean hands,” and alleges $4,000,000 in damages and violation of Washington's Franchise Investment Protection Act; and also that "The alleged Note and Guarantee are unconscionable and unenforceable." Maxwell's Counterclaims state "6. The WPCR Operating Agreement contains a provision granting Jacobi a special veto power which among other things, states that the company shall conduct its business and manage its affairs in accordance with the directions of Jacobi and all management decisions are subject to Jacobi’s review," and "13. In early 2006, WSC and Jacobi decided to open another WSC office in the territory in which WPCR was operating, despite the objections of Maxwell. As a result of the opening of this new WSC office, WPCR lost a significant number of its real estate agents and revenue that transferred to the new office in Graham, Washington," and "14. As a direct result of these actions taken by WSC and Jacobi, WPCR was left with a large debt burden and overhead, and WPCR’s revenue was significantly reduced... 22. On September 14, 2010, Maxwell heard from a real estate agent working at WPCR that the agent had received an email from WSC notifying him WPCR’s franchise had been terminated. This notice was sent to WPCR’s real estate agents before Maxwell learned of the termination of WPCR’s franchise." Read the complete report on this case here.
Jacobi's Washington Loan Company is also currently being sued for Intentional Misrepresentation—read that report here—Case Update: Stipulation and Order for Dismissal. And the Windermere affiliated service company, Commonwealth Land Title Company of Puget Sound (recently re-named "CW Title") , has been found negligent by a jury who awarded the third-party plaintiffs $1,190,000. Read the Commonwealth report here.
Current Governing Person and Windermere Services Company CEO Geoffrey P. Wood (left) is married to John W. Jacobi's daughter, Jill Jacobi-Wood. Wood is the chief architect of Windermere marketing fraud, inducing business volume through—among other fraudulent promotion—an express warranty of "The highest ethical standards. Uncompromising honesty and integrity." When called upon to honor his company's warranty, Wood instructs Demco lawyers—led by Matthew F. Davis–to sue vocal victims for libel and defamation. Wood is also a Governing Person of Windermere Relocation, the subject enterprise of Windermere's employee rape case. He was briefly a real estate sales person in 1994, but that license was CANCELLED in 1995, and Wood currently has no real estate license of any kind that WindermereWatch can find.
Governing Person Jill Jacobi-Wood (left), Windermere Services President, is a licensed real estate broker in Washington State, and as such is subject to the statutory condition of RCW 18.86.030 "(d) To deal honestly and in good faith." For her part in Windermere's marketing fraud and malfeasance, Jacobi-Wood's RE license should be cancelled by the Washington State DOL's real estate division. By promoting honesty and integrity—while in reality—she is suing and coercing Windermere victims to shutup about their Windermere experience, Jacobi-Wood is hardly dealing honestly and in good faith.
Governing Person John O'Brien "OB"Jacobi (left) is General Manager of franchiser Windermere Services Company and also has many Windermere realty brokerage offices. He's a licensed real estate broker who is also called upon by statutory law to "Deal honestly and in good faith." But John "OB" Jacobi instead promotes fraudulent claims of honesty and integrity, and falsely sues victims of Windermere misconduct for libel and defamation to intimidate them and coerce their silence. Then this junior Jacobi runs away and voluntarily dismisses his own mendacious lawsuit when a victim refuses to sign Windermere's dark clause settlement agreement that has cost the victimized party so much distress and money to defend.
Windermere Services Governing Person and attorney—WSBA# 26636—Paul Drayna (left) has even more stringent ethical requirements placed upon him through his collateral professions of Lawyer and Notary Public; and Drayna is also bound by the Model Rules of Professional Conduct. But Mr. Drayna is not only practicing marketing fraud at Windermere. As Windermere in-house counsel, Drayna oversees Windermere's predatory litigation strategy of deliberately abusing the legal process by falsely suing victims for libel and defamation, and then attempting to intimidate and coerce those victims out of their speech rights and into Windermere's Dark Clause silence agreement. When victims WON'T sign the Windermere Dark Clause, Drayna runs away too, and voluntarily dismisses his own company's lawsuit under Civil Rule 41—but only after first costing the victim thousands to defend the phony lawsuit. Drayna is even copied on the mendacious, Demco-authored settlement documents meant to quash speech rights and be signed by Windermere victims. Drayna is also listed on the Board of Directors at Seattle Pro Musica, "a world of choral beauty," as being Pro Musica's Corporate Secretary and Legal Counsel. Pro Musica states as part of its mission "Respect/Integrity—a principle of respect and integrity in all our endeavors." So while Mr. Drayna is ruining lives by prosecuting costly, false and mendacious lawsuits that seek to intimidate Windermere victims and terminate their speech rights, he is also promoting "...a belief in the importance of music as a means of connection to each other and the community." Visitors to WindermereWatch.com and responsible citizens alike are urged to boycott Seattle Pro Musica concerts. Visit the boycott Seattle Pro Musica page by clicking here. Read a more in-depth review of Drayna's legal practice here.
Timothy Wissner (left), is named as a Governing Person and Treasurer of Windermere Real Estate Services Company. Wissner ia also CFO of franchiser Windermere Services; and CFO of Windermere Solutions; and is listed as Washington Loan Company Vice President. Washington Loan Company has also been sued for Intentional Misrepresentation—read that report here—Case Update: Stipulation and Order for Dismissal.
WINDERMERE'S DEMCO LAW FIRM: ESCHEWING ETHICS and DOING WHAT OTHER LAWYERS JUST WON'T DO
Attorney and multi-office Windermere broker John Demco (left) is the ethically-elastic Windermere kingpin lawyer who operates Demco Law, Windermere’s in-house legal firm, whose primary job is to stall and outspend small fry consumers damaged by dishonest Windermere brokers, agents and franchise owners. When an innocent real estate consumer has the misfortune to suffer one of Windermere’s many bad apples, Demco Law Firm will refuse to settle the matter forthrightly, no matter what conspicuously unlawful or offensive conduct the agent or broker has committed. Demco and Windermere will force the aggrieved party to sue or swallow their damage and go away—standard Windermere operating procedure.
WindermereWatch has compiled voluminous evidence that Windermere-Demco attorney Matthew F. Davis (left), WSBA# 20939, is the kind of lawyer about which jokes are coined. Davis is franchiser Windermere Services' frontline bully—the guy in the legal trenches actually wrecking lives, making threats, and suing victims who speak out. When Shakespeare was recommending "The first thing we do, let's kill all the lawyers," in Henry the Sixth, Part 2, he was talking about egomaniacal lawyers like Matt Davis.
Attorney Matt Davis of Windermere's Demco Law Firm is so unethical, so deceitful and intimidating, that he's famous in law circles. As Windermere-Demco's lead attorney, Matthew F. Davis is renown for his dishonesty, dubious legal tactics, lack of decency and disrespect for the rules of professional conduct. He will do absolutely anything to win—without regard for truth or justice. He will lie to courts and opposing parties. He will file fallacious and erroneous documents with the court. He will email opposing parties telling them not to hire a lawyer when he has just served them a lawsuit. He will call a judge's chambers and request more time without informing the opposing party. He will file orders for a bench trial when he knows a jury trial has been demanded and paid for. He will trick, stall, coerce, menace and threaten. He will invent and extend mendacious Windermere litigation and abuse the legal process for no other reason than to exhaust an opponent’s pocketbook. If he can, he will get YOUR attorney to quit—a favorite tactic.
Windermere, Davis and Demco Law will push a $5 cat poop case all the way to the state supreme court just to avoid paying damages—because it’s all in the Windermere operating budget. And in the end, Windermere and Davis will try to coerce silence about your Windermere experience by trying to make you sign a "settlement" agreement that terminates your speech rights, so you can't ever inform the public about your Windermere debacle. What if you DON'T sign that you'll shut up, and then SPEAK UP instead? Windermere-Demco's Matt Davis will sue you for libel and defamation, then run away and dismiss his own lawsuit on the eve of trial—because after all—you're telling the truth.
Windermere's Clear and Overt Marketing Fraud:
"THE HIGHEST ETHICAL STANDARDS. UNCOMPROMISING HONESTY AND INTEGRITY."
—The Windermere Real Estate Mission Statement
Windermere widely promotes its deceptive express warranty in sales documents and on the internet which states "We are committed to... The highest ethical standards. Uncompromising honesty and integrity." In other Windermere promotion, like the Puget Sound Business Journal, Windermere CEO Geoff Wood is quoted as saying "In the real estate business somebody's word is very important. If you say you're going to do something, you've got to do it." The article goes on to say, "Geoff oversees marketing, legal, financial and internet development services throughout the Windermere network..." Mr. Wood claims absolute dominion over both Windermere legal and internet strategy, making him chief architect of Windermere marketing fraud.
Effective reportage can be harsh in recounting facts, but it must be said in consideration of all the Windermere victims profiled here who truly sought Windermere's vaunted honesty and integrity, that Windermere Services CEO Geoffrey P. Wood is simply lying when he states his company's utterly false and fraudulent commitment to honesty and integrity. He both lies and deceives again when he says that "In the real estate business somebody's word is very important. If you say you're going to do something, you've got to do it." Wood clearly doesn't do what he says he's going to do—be committed to uncompromising honesty and integrity. Wood himself is indeed IN the real estate business and his word is absolutely no good at all. He sues victims of Windermere misconduct for trade libel and defamation to shut them up, and then he tries to use the legal system to suppress victims' speech rights when they ask him to actually perform on the warranty he promotes. As this website proves, Mr. Wood does anything BUT what he says he's gonna do. Far from providing victimized Windermere customers a commitment to high ethical standards, honesty and integrity, Wood and Windermere run away and hide behind their lawyers when innocent consumers are ruined by their Windermere experience.
John W. Jacobi, Geoff Wood, his wife Jill Jacobi-Wood, and governing cohorts John O'brien "OB" Jacobi, attorney Paul Drayna, and Timothy Wissner have gone to the absolute ends of the earth in stonewalling, ignoring, denying and fleeing any and all responsibility for Windermere wrongdoing and misconduct. When called upon by victimized Windermere consumers to make good on its warranty of honesty and integrity, Windermere even states in legal pleadings that Windermere agents are NOT agents of Windermere at all—but independent contractors. As the legally-designated Governing People and top managers of the Windermere empire who drive policy, ethics and market promotion, it demands repeating that John W, Jacobi, Geoff Wood, Jill Jacobi-Wood, John OB Jacobi and attorney Paul Drayna are all clearly lying when they promise high ethical standards and uncompromising honesty to the public and consumers of real estate services.
Protect your life, home, family and future by cancelling or not renewing your Windermere listing. Don't risk doing business with Windermere Real Estate, the brand built on lies, fraud and ruined lives. Refuse to fund public predator Windermere Real Estate with commission from the sale of your home.
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