"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
Attorney Reviews:
Demco Law Firm/Windermere Real Estate Lying Lawyers and Legal Process Cheats, Matthew F. Davis and Paul Stephen Drayna
The Windermere Relocation Rape Case
SUBSTANDARD PRACTICE OF LAW: ATTENTION ATTORNEYS & LEGAL PROFESSIONALS
DEALING WITH WINDERMERE-DEMCO LYING LAWYERS and LEGAL PROCESS CHEATS, PAUL STEPHEN DRAYNA and MATTHEW F. DAVIS?
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). These two princes of process abuse file false, prevaricating lawsuits merely to intimidate Windermere victims, coerce unjust settlements, and bankrupt innocent defendants—then they run away and voluntarily dismiss their own action under CR41 just before trial when they fail at forcing an innocent defendant to sign away their speech rights. For proof, click here to read one of the Drayna/Davis/Windermere proposed "settlement" agreements that terminate speech rights, accompanied by Windermere's specious Trade Libel & Defamation Complaint and its CR41Voluntary Dismissal.
Holding lawyers in low esteem has become a national pastime, and absolutely craven characters like Drayna and Davis are just a couple of the many reasons why: They will lie to courts and opposing parties. They will file fallacious and erroneous documents with the court. They will email an opposing party telling them not to hire a lawyer when they have just served that party a lawsuit. They will call a judge's chambers and request more time without informing an opposing party. They'll even file an order for a bench trial when they know a jury trial has been demanded and paid for. Their poor reputations proceed them at court—and consequently—also reflect on those whom they represent before judges and courtroom personnel. Windermere-Demco must often be compelled by courts to provide or participate in discovery—as in this example. For greater detail on Drayna-Davis misconduct—click here. information on Windermere Services Company's privity with franchises—click here
DON'T PROVIDE FINANCIAL SUPPORT TO SEATTLE PRO MUSICA CHORAL GROUP (shown below)
SEATTLE PRO MUSICA CHORAL GROUP'S LEGAL COUNSEL and CORPORATE SECRETARY IS WINDERMERE REAL ESTATE'S LEGAL PREDATOR, ATTORNEY PAUL S. DRAYNA
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DOWNLOAD A PDF COPY OF THIS LETTER TO SHARE WITH AN INTERESTED PARTY
ONE OF MANY VOICES IN A COMMUNITY OF WINDERMERE REAL ESTATE VICTIMS
DON'T BUY CONCERT TICKETS OR DONATE
TO SEATTLE PRO MUSICA CHORAL GROUP
"Seattle Pro Musica should be informed that Windermere-Drayna's attempted coercive inducing of legally binding settlement agreements that contain clauses which terminate an individual’s speech could be a civil rights violation... Mr. Drayna is not only in the business of SELLING people's homes, he is also in the business of DESTROYING people's homes."
An important message to Seattle Pro Musica's Board of Directors about Pro Musica Corporate Secretary, Legal Counsel, and predatory Windermere Real Estate attorney, Paul S. Drayna: The business ethics and civil conduct your 501(c)3 board members demonstrate at their regular employment also reflects on the way Pro Musica is managed, on its professed core values, and on its high public duties of social responsibility and absolute financial integrity.
THE CORPORATE HYPOCRITE PERSONIFIED: Windermere Services Company's General Counsel and University of Wisconsin Law School graduate, attorney Paul S. Drayna—WSBA# 26636—exploits the pretense of charitable public service at Seattle Pro Musica while he's simultaneously ruining damaged Windermere customers with false marketing warranties and the costly, mendacious lawsuits he files against defrauded Windermere victims who speak publicly. Drayna sues an outspoken party for trade libel and defamation, tries to coerce the defendant into silence through fear and intimidation, continues to prosecute the bogus action for years at enormous cost to the parties, then runs away and voluntarily dismisses his own lawsuit under CR41, just before trial when the innocent, honest victim persists in refusing to sign away their speech rights. Such are the ethics of the individual who manages Seattle Pro Musica's legal affairs, a tax-exempt 501(c)3 charitable organization, funded by tax deductible contributions.
January 12 , 2012
Seattle Pro Musica
1770 NW 58th St., Ste. 124
Seattle, WA 98107-5218
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
Dear Pro Musica Board Members:
Distinguished but unfamiliar members of the community often participate together in worthy endeavors through noble and productive volunteerism. In that way our communities are enriched and fortified, but we are often unaware or uninformed about a predator among us—an individual who would employ thoroughly disingenuous means to co-opt our good works and unduly benefit by them. Such an individual is Windermere Services Company's designated Governing Person and General Counsel, attorney Paul S. Drayna, who is also a member of Seattle Pro Musica's board, and is its Corporate Secretary and Legal Counsel.
Seattle Pro Musica’s MISSION in part asserts:
“Community—a belief in the importance of music as a means of connection to each other and the community,” and;
“Respect/Integrity—a principle of respect and integrity in all our endeavors."
The predatory business practices, overt marketing fraud, and attempts through mendacious litigation and unlawful coercion at quashing the speech rights of damaged Windermere customers by Mr Drayna and Windermere Services Company, are incompatible with Seattle Pro Musica's professed mission of integrity. Windermere-Drayna's civic conduct is a growing community scandal, and Seattle Pro Musica's continued professional association with Mr. Drayna renders an indelible public stain upon its legitimate reputation for wholesome family entertainment, pageant prestige and community goodwill.
To induce business, Windermere and Mr. Drayna publicly claim an express warranty in market promotion documents and online which in part states, “We are committed to: The highest ethical standards. Uncompromising honesty and integrity.”
But despite their alleged commitment to ethics, honesty and integrity, in numerous cases where innocent, unsuspecting consumers are victimized by unethical Windermere agents, brokers and franchise owners, Mr. Drayna and Windermere Services Company are completely silent and unresponsive in the face of clear and convincing evidence, demanding that victims sue or go away. Lives and homes are instantly ruined by the expense and emotionally distressing disruption of battling Windermere's intentionally intimidating and abusive legal machine, while Mr. Drayna forces the damaged parties to chase dishonest Windermere personnel through our inundated and dysfunctional civil courts—often for years at a time. The internet has allowed many Windermere victims to connect with one another, and more cases continue to emerge.
As an irreparably damaged Windermere customer who has spoken publicly—and honestly—about my Windermere Real Estate experience, I was initially bullied and intimidated out of my speech rights when Mr. Drayna’s company used the legal process to file a specious and vexatious lawsuit against me, falsely alleging trade libel and defamation as a means to threaten and silence me. Shortly after their lawsuit was served, another Windermere attorney managed by Mr. Drayna sent me an email instructing that I "...need not hire an attorney," and “Unless and until I tell you otherwise, we will try to resolve this directly and outside the legal system.” These statements are unethical, illegal attempts at coercing me into remaining unrepresented under Windermere’s prosecution. Incredibly, Windermere and Drayna implement the aggression and arrogance to overtly and unabashedly demand that a damaged customer they have falsely sued be unrepresented by counsel, and resolve their dispute outside the very same legal system in which Windermere itself has brought a lawsuit against them. Windermere ultimately presented me with a “settlement agreement” that terminated my speech rights, while also inferring that the action against me would be dismissed by Windermere when I signed the agreement. As trial drew near and I persisted in refusing to sign away my right to speak, Windermere voluntarily dismissed its own lawsuit under Civil Rule 41, after causing me yet even more years of expense and distress. It is impossible to know how many others have suffered the same threatening abuse of process, and quietly acquiesced. For me and many others, Windermere attorney Paul S.Drayna has caused an incomprehensible nightmare of loss, homelessness and financial ruin.
As one of Windermere's designated governing managers, Mr. Drayna's outright fraudulent public pledge to “The highest ethical standards. Uncompromising honesty and integrity,” when considered in conjunction with Seattle Pro Musica's professed mission of “Respect/Integrity—a principle of respect and integrity in all our endeavors,” motivates my request that you review the following:
Washington State Court of Appeals Case No. 59321-8-1:
Windermere broker Dick Pelascini approached Vila Pace-Knapp, a struggling homeowner in pending foreclosure and offered to help “save her home.” The court has stated that Dick and Cecilia Pelascini of Windermere Bellevue Commons violated the Consumer Protection Act, and also that “The Pelascinis’ practice of preying on this and other vulnerable home owners on the eve of foreclosure is the type of practice likely to deceive future distressed owners in the same manner.” Despite their CPA violation, the Pelascinis have continued generating commissions for franchiser Windermere Real Estate Services Company.
Mr. Drayna's annual compensation is literally paid—to whatever small degree—by Windermere personnel with proven, legally adjudicated histories of unethical misconduct.
King County Superior Court Case No. 06-2-24906-2SEA:
Paul Stickney of Windermere Redmond SCA recommended a home improvement company to homebuyers Mark and Carol DeCoursey. But Stickney didn’t disclose to DeCourseys that he was a vice president and 20% shareholder of the home improvement company, who botched the renovation so badly that its work could not meet code requirements, and the home was refused the city’s certificate of occupancy. Despite their evidence and Windermere’s commitment to “The highest ethical standards. Uncompromising honesty and integrity,” Windermere told the DeCourseys they would have to sue.
DeCourseys have pursued Stickney and Windermere SCA through the courts for years at a cost in legal fees alone exceeding $500,000. A trial court jury found that Stickney had a conflict of interest and failed to disclose it, awarding a total of $1,030,427. Windermere appealed, and with a minor recalculation, the appeals court upheld the trial court’s award. Windermere petitioned the supreme court for review which was ultimately denied, but extended resolution of the case into nearly 8 years. Even with a verdict against him and Windermere Redmond SCA, Paul Stickney has continued generating commissions for franchiser Windermere Real Estate Services Company.
Once again, Mr. Drayna's annual compensation is literally paid by Windermere personnel with proven, legally adjudicated histories of unethical misconduct.
A pre-trial settlement agreement proposed by Windermere and rejected by the DeCourseys sought to terminate their speech rights: “ … the DeCourseys agree to completely cease all dissemination, broadcast, distribution, or public availability of any information, statements, claims, photographs, recordings, or other data of any kind relating to their dispute with Windermere, … The DeCourseys agree not to picket, petition, disrupt or enter any Windermere office or company. The DeCourseys agree that they shall not communicate with any person about their dispute with Windermere unless asked, and, if asked, will state only that they have resolved their claim to their satisfaction."
Island County Superior Court Case No. 05-4-00151-0:
Windermere attorney John Demco also owns interest in several Windermere franchises, including Windermere Whidbey Island-Freeland, where mother-and-daughter agents Samantha Saul and Linda Gabalein were found by the court to have violated Washington’s Abuse of Vulnerable Adults Act. The pair exploited and exerted undue influence in the sale of prime Mutiny Bay waterfront view property over widow Emma Endicott, about whom the court said, “But since Shorty’s death, Emma has sold 15 acres of property to the Sauls, to the Gabaleins, and to the Thompsons, all of whom are members of the same family.” The court further stated, “The assessor’s value in 2001 for the property that they bought was $195,524, yet the Sauls bought the property for $80,000.”
Windermere appealed. The appeals court affirmed the trial court’s decision and said in its Conclusion, “Substantial evidence supports finding that Emma is incapacitated as to her person and as to her estate, and that the Sauls and the Gabaleins unduly influenced and exploited Emma.” Windermere lawyer and franchisee Demco defended his own agents, forcing Emma Endicott’s children into years of litigation and family distress.
United States Court Of Appeals For The Ninth Circuit D.C. No. CV-98-01184-RSL:
Officially designated Windermere Governing Person and attorney Paul Drayna is the registered agent of RELO LLC, the current incarnation of Windermere Relocation, where Corporate Services Manager Maureen Little, who was raped in the course of performing her job duties, was told by Windermere Relocation President Gayle Glew—also designated as a Windermere Relocation Governing Person—that “…he did not want to hear anything about it." He told Little that she would have to respond to his attorneys. Glew then informed her that he was restructuring her salary from $3,000 monthly to $2,000 monthly plus $250 per closed transaction. The pay reduction was effective immediately and non-negotiable.
Little found the pay cut unacceptable, and Glew told her to go home for two days to think it over "because he did not want any `clouds in the office.'" When Little still found the pay cut unacceptable two days later, Glew told her it would be best if she moved on and that she should clean out her desk.
In its Order and Amended Opinion, the court in part stated: “In sum, taking the facts in the light most favorable to Little, because her employer effectively condoned a rape by a business colleague and its effects, Little was subjected to an abusive work environment that 'detract[ed] from [her] job performance, discourage[d] [her] from remaining on the job, [and kept her] from advancing in [her] career[ ].'"
King County Superior Court Case No. 02-2-28184-2SEA:
Windermere Northeast’s George Rudiger knowingly sold Gary Kruger a toxic home that had suffered severe rat infestation, but had been painted up in fresh “Martha Stewart Colors.” After taking possession of the property, Kruger had an anaphylactic allergic reaction there and discovered concealed rat abatement equipment. He found nests of dead rat carcasses, rat feces, and insulation saturated with rat urine. A pest company discovered yet more rat nests in the walls. Electrical wiring was chewed-out by rats. Interior wall studs and insulation were so soaked with rat waste that an A.S.H.I. expert home inspector concluded the house was “not fit for habitation,” and the only way to save it was to strip it to the studs, disinfect, and replace everything—a $100,000 minimum rehabilitation expense.
Kruger’s attorney wrote via certified mail to George Rudiger at his Kirkland office, and to John W. Jacobi at Windermere Services Company, where Paul S. Drayna is General Counsel. Once again, despite its public commitment to “Uncompromising honesty and integrity,” Windermere was silent. Rudiger and his broker, Joan Whittaker, responded that “Mr. Rudiger categorically denies he had any knowledge whatsoever of the alleged conditions. Indeed, if he had such knowledge, he would have seen to it that these conditions would have been disclosed by the seller,” and also that “There was no attempt by us to conceal any problematic issues with the property.” Unable to live in the toxic home or afford to repair it, Kruger maintained the vacant property, rented, and paid his attorney during the first 9 months litigation, but was eventually forced to sell the home to a contractor at nearly a $50,000 loss. Just weeks after he sold the ruined, vacant home, documents produced in legal discovery revealed not only that Rudiger and Windermere Northeast had previously sold the very same house to the party Kruger bought it from—Rudiger’s personal friends of 30 years—but that Rudiger himself had written an addendum to his friends’ purchase and sale agreement that specifically required remediation of rat infestation.
Kruger was forced to sue, but his attorney quit when he ran out of money. Windermere was let out of the suit on summary judgment when he appeared at oral argument without counsel of any kind, and he has been without a home ever since, after working a lifetime to afford one.
George Rudiger is still generating commissions for franchiser Windermere Services Company and the annual compensation of Paul S. Drayna, who clearly profits from George Rudiger’s documented history of unethical misconduct, committed on behalf of Windermere Real Estate.
King County Superior Court Case No. 05-2-34433-4SEA:
When Kruger initially published WindermereWatch.com—an honest and accurate account of his Windermere experience—franchiser Windermere Services Company sued him for trade libel and defamation. A Windermere attorney managed by Paul Drayna sent Kruger coercive emails urging that he sign a “settlement agreement” which terminated his speech rights. Windermere harassed and intimidated Kruger with the mendacious lawsuit another 23 months, costing him thousands more and causing great distress. But Windermere voluntarily dismissed its own lawsuit under Civil Rule 41 on the eve of trial when Kruger persisted in refusing to relinquish his speech rights.
United States District Court For The District Of Idaho Case No. CV 09-522:
Windermere Real Estate, Capital Group, Inc., of Boise, Idaho, has been sued for violations of the Fair Housing Act, including discrimination on the basis of familial status; discrimination on the basis of handicap; discriminatory notice or statement; and interference, coercion or intimidation.
And in a pending California lawsuit:
Windermere Services is currently being sued for Unfair Trade Practices, and is part of a grand jury/FBI investigation to determine any criminal wrongdoing. The lawsuit alleges that Windermere Services is an "unlicensed entity."
Seattle Pro Musica should be informed that Windermere-Drayna's attempted coercive inducing of legally binding settlement agreements that contain clauses which terminate an individual’s speech could be a civil rights violation, and Windermere clearly counts on the probable fact that no single party will muster the legal or financial resources to test the issue in court. But at the very least, such attempts under false prosecution and threat of trial are an abuse of the legal process.
This holiday season, while Seattle Pro Musica is presenting beautiful and heartfelt Christmas music magic, and imbibing warm civic fraternity, some of the many Windermere victims will be homeless, ruined financially, and virtually destitute because they did not have the financial resources or legal endurance to go the distance against legal predator Paul S. Drayna and Windermere Real Estate.
“Respect” and “integrity” are often the most disingenuously overused words in our culture. I urge your courageous, socially-responsible and genuine support of those words—and of basic human decency—by severing Seattle Pro Musica's professional association with legal predator Paul S. Drayna. The business ethics and civil conduct your 501(c)3 board members demonstrate at their regular employment also reflects on the way Pro Musica is managed, on its professed core values, and on its high public duties of social responsibility and absolute financial integrity. Pro Musica should not solicit funding from the public on one hand, while it is tacitly condoning the abuse of the public, on the other hand. Mr. Drayna is not only in the business of SELLING people's homes, he is also in the business of DESTROYING people's homes.
Until such time that Mr. Drayna is removed from Pro Musica's board, WindermereWatch.com will diligently advocate and promote the boycott of Seattle Pro Musica by patrons and donors, with an emphasis on special internet promotion events during the holiday season.
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• Attorney Reviews •
Demco Law Firm/Windermere Real Estate Lying Lawyers and Legal Process Cheats, Matthew F. Davis and Paul Stephen Drayna
Lie #1: "We are committed to: The highest ethical standards. Uncompromising honesty and integrity."
—From the Mission Statement at Windermere Real Estate, where craven bully
Paul Stephen Drayna is an officially-designated Governing Person.
Demco Law Firm attorney and "shareholder" Matthew F. Davis (above left); and Windermere Real Estate Services Company General Counsel, attorney Paul Stephen Drayna (above right). These corrupt, dishonest and unethical Windermere lawyers absolutely epitomize what's wrong with our dysfunctional civil justice court system. They are both the well-paid dupes and compliant yes-men of Windermere owner John W. Jacobi, a wealthy client-employer who seeks to use the courts' incredible expense and inefficiency against inexperienced and financially unprepared parties with nonetheless valid claims of Windermere Realtor fraud and its resulting damage.
Davis and Drayna served an outspoken Windermere victim a fallacious lawsuit for trade 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." Incredibly, Windermere lawyers Davis and Drayna implement both the aggression and arrogance to overtly and unabashedly demand that a damaged Windermere customer they have falsely sued be unrepresented by counsel, and resolve their dispute outside the same legal system in which these two predator attorneys have brought suit against them—personifying the very gravamen of legal process abuse. When the defendant refused to sign away their speech rights in a "settlement" agreement (examples here), Davis and Drayna later voluntarily dismissed their own lawsuit under CR 41, since every claim in it was a lie.
If you're considering legal representation by either of the aforementioned individuals, keep in mind that their poor reputations proceed them in court, and consequently reflect on their clients with many judges, too.
Just one example of many lies and dirty tricks from Demco-Windermere attorney Matthew F. Davis:
Pro se opposing party writes to Davis on September 15, 2006:
"...Your motion does not mention my counterclaims for Abuse of Process or Vicarious Liability. I would appreciate it very much if the court has the right Answer from me in your motion, and the same Answer they already have; this is a mess now. Please let me know how this can be cleared up."
Davis writes back, LYING on September 15, 2006:
"I will simply file a corrected version. Thanks for the heads up..." (emphasis added.)
The motion proceeds to oral argument, and Davis-Windermere wins the motion against pro se defendant.
Pro se opposing party writes Davis again on November 19, 2006:
"I[n] an email of September 15, 2006, I notified you that you had not filed my correct Answer with your Motion for Partial Summary Judgment. You responded on September 15, 2006 in an email that "I will simply file a corrected version.
In an email of October 24th, 2006 I asked that you provide me proof that you had indeed filed my correct Answer prior the Partial Summary Judgment hearing of October 13, 2006, but you did not reply. This is the second time I have written you requesting proof that Windermere's Motion proceeded with my proper Answer attached; the First Amended version which included my return address and all of my Counterclaims. As of today, November 19, 2006, the Superior Court Case Summary does not reflect any additional filing by you prior to the hearing.
Please provide me the evidence that Windermere's Motion proceeded to a decision in its favor with a corrected version of my proper Answer filed with the court by you in advance of the hearing."
Davis writes back in smarmy, arrogant punkspeak on November 19, 2006:
"You filed it, so I did not need to."
Seattle Attorney Matthew F. Davis: Unethical Demco-Windermere Liar, Bully and Legal Process Cheat
WindermereWatch has compiled voluminous evidence that Windermere-Demco attorney Matthew F. Davis (above), 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 voluntarily dismiss his own lawsuit under Civil Rule 41 on the eve of trial—because after all—you're telling the truth.
Editor's note: Written evidence and court documents support all claims made in the preceding review of Mr. Davis. Please email WindermereWatch.com for copies, if desired.
BUSINESS REVIEW: THE LAW OFFICES OF
PAUL STEPHEN DRAYNA—AN UNETHICAL OFFICER OF
THE COURT WHO ABUSES THE LEGAL PROCESS
"A major problem with our dysfunctional civil justice system is prevaricating lawyers like Windermere Real Estate's Paul Drayna. He's an attorney who files mendacious lawsuits based on false allegations which deliberately conceal and misrepresent the truth in an effort to use the court and the legal process itself to unlawfully coerce and intimidate an innocent and unsuspecting defendant out of their speech rights—or whatever other illegitimate and unconscionable result he may have in mind... Windermere attorney Paul S. Drayna is an incredible liar and crook."
Windermere Services General Counsel, attorney Paul Stephen Drayna, WSBA# 26636—a University of Wisconsin Law School alumnI—aggressively prosecutes defrauded Windermere Real Estate victims with costly lawsuits that seek to terminate the victims' speech rights. Drayna falsely sues a victim for trade libel and defamation, tries to coerce the defendant into a "dark clause" settlement agreement through fear and intimidation, continues to prosecute the bogus action for years at enormous cost to the parties, then runs away and voluntarily dismisses his own lawsuit under Civil Rule 41, just prior to trial when the honest, innocent victim persists in refusing to sign away their speech rights.
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The Windermere Real Estate Relocation Rape Case:
Court Declares that Windermere "...condoned a rape by a business colleague..."
Editorial Preface: 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 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 concern for the social 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.
(Above L to R) Windermere CEO Geoff Wood (far left) is currently listed as a Governing Person of Windermere Relocation. Peggy Scott (second from left), also a current Governing Person of Windermere Relocation, "... did not give Little any advice about going to the police, and she did not conduct an investigation of Little's complaint or any follow-up interview with Little." Windermere General Counsel, attorney Paul Drayna (third from left) is listed as the registered agent of RELO LLC, the current entity name of Windermere Relocation. Windermere Founder John W. Jacobi (fourth from left) along with Gayle Glew (far right) are listed as Governing Persons of Windermere Relocation during the Little case. Glew told Ms. Little he did not want any "clouds in the office," and subsequently, after she would not accept a pay cut, that she should clean out her desk.
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.
Summarized and excerpted from a decision by the U.S. Court of Appeals
Maureen Little was employed by Windermere Relocation Services (“Windermere”) as a Corporate Services Manager, a position that required her “to develop an ongoing business relationship and relocation contacts with corporations in order to obtain corporate clients needing relocation services for their employees.” Until she was terminated, she received only positive feedback from her supervisors. Windermere’s records confirm that during the relevant period, Little had the best transaction closure record of all corporate managers by a large margin.
Unlike the other managers, Little’s employment contract provided that Little would receive $2,000 monthly, plus a $1,000 monthly override and $250 per closed sale. The override was based on the assumption that Little would close four transactions per month, with a provision for rollover when she did not make the target. According to Windermere President Gayle Glew, the other managers had not received the $1,000 override.
One of Windermere’s clients was the Starbucks Corporation. Some time in 1997, Little performed some relocation services for Starbucks Human Resources Director, Dan Guerrero, on a contract basis, and she learned from him that Starbucks was dissatisfied with its primary relocation provider. Glew told Little that he would “do whatever it takes to get this account” and that Little should “do the best job she could.” Thus, little believed that, as part of her job, she was to build a business relationship with Guerrero to try and get the Starbucks account, and she had at least two business lunches with Guerrero toward this end.
On October 14, Little accepted Guerrero’s invitation to discuss the account at a restaurant. After eating dinner with Guerrero and having a couple of drinks, Little suddenly became ill and passed out. She awoke to find herself being raped by Guerrero in his car. She fought him off and jumped out of the car, but again she became violently ill. Guerrero put her back in the car and took her to his apartment, where he raped her again. Little fell asleep, and when she awoke he was raping her again. Afterward, he showered and drover her to her car.
Little was reluctant to tell anyone at Windermere about the rape because, in her own words, “I knew how important the Starbucks account was to Mr. Glew. Mr. Glew would ask me on a consistent basis the status of the account and I was afraid that if I told him about the rape, he would see me as an impediment to obtaining the Starbucks account.” This belief was reinforced when, a few days after the rape, Little reported the rape to Chris Delay, Director of Relocation Services (apparently not one of Little’s supervisors), and Delay advised her not to tell anyone in management. Little believed that Delay feared “what might happen to [Little] if [she] did tell.”
On October 23, about nine days after the rape, Little reported it to Peggy Scott, the Vice President of Operations, who was designated in Windermere’s Harassment Policy as a complaint-receiving manager. Little described Scott’s response:
She came out around the desk and I could tell she was upset and she just gave me a hug and said she wished there was something she could do. She didn't understand what I was going through. She asked me if I was in therapy. Then she proceeded to tell me she wouldn't say anything to [Glew] unless I proceeded to seek legal action [against Dan Guerrero].
Scott told Little that "[s]he thought it would be best that [Little] try to put it behind [her] and to keep working in therapy," and that she should discontinue working on the Starbucks account. She did not give Little any advice about going to the police, and she did not conduct an investigation of Little's complaint or any follow-up interview with Little. Scott testified in her deposition that, because the rape occurred outside the "working environment," she believed that it fell outside the scope of Windermere's Harassment Policy.
Despite Little's supposed removal from the Starbucks account, Glew continued to ask her about the status of the Starbucks account during the next six weeks. "[As of December 2,] Gayle was asking me questions about Starbucks ... a couple of times every month to see what the status was." Concerned by Glew's questions, Little told her immediate supervisor, Linda Bellisario, the Vice President of Sales and Marketing, on December 2, 1997, about the rape. Little had been reluctant to tell Bellisario because she "felt that [Bellisario] would immediately go to Gayle and Gayle would terminate my position.... I knew how much this account meant to him. He said he would do whatever it took to get this account." Bellisario told Little to inform Glew of the incident.
When Little told Glew of the rape, which, according to Glew, was the first he had heard of it, Glew's" immediate response was that he did not want to hear anything about it." He told Little that she would have to respond to his attorneys. Glew then informed her that he was restructuring her salary from $3,000 monthly to $2,000 monthly plus $250 per closed transaction. The pay reduction was effective immediately and non-negotiable. Bellisario, who was present at that portion of the meeting, appeared "surprised and upset" to Little.
Little found the pay cut unacceptable, and Glew told her to go home for two days to think it over "because he did not want any `clouds in the office.'" When Little still found the pay cut unacceptable two days later, Glew told her it would be best if she moved on and that she should clean out her desk.
Little brought suit against Windermere, alleging unlawful discrimination and retaliation in violation of Title VII, 42 U.S.C. § 2000e, and the Revised Code of Washington § 49.60; wrongful discharge in violation of public policy; and intentional, reckless, and/or negligent infliction of emotional distress. The district court granted summary judgment in favor of Windermere on all four claims.
Little appealed dismissal of her claims, and the appeals court reversed in part, and ruled:
In sum, taking the facts in the light most favorable to Little, because her employer effectively condoned a rape by a business colleague and its effects, Little was subjected to an abusive work environment that "detract[ed] from [her] job performance, discourage[d] [her] from remaining on the job, [and kept her] from advancing in [her] career."
Incredibly, Windermere asked for a rehearing, but "...the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.
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."
Above L to R: (1) Joseph R. "Bob" Deville and (2) Bob Bennion of Windermere Services Southern California, Bennion & Deville Fine Homes, Inc., and Windermere Real Estate Coachella Valley. (3) Peggy Shambaugh, Realtor at Windermere Real Estate Coachella Valley, Indian Wells office. (4) Current Windermere Services Company governing persons John W. Jacobi, (5) Geoffrey P. Wood, (6) Jill Jacobi-Wood, (7) John O'Brien "OB"Jacobi, (8) attorney Paul Drayna—WSBA# 26636, (9) and Timothy Wissner.
ADDITIONAL CURRENT BENNION & DEVILLE FINE HOMES, WINDERMERE COACHELLA LAWSUITS:
BENNION & DEVILLE, DBA WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR CONSTRUCTIVE FRAUD AND OTHER CLAIMS
FEDERAL CASE: A&L PARTNERS, ANDREA MARQUEZ, JOSEPH R. DEVILLE, BOB BENNION, BENNION & DEVILLE FINE HOMES, SUED FOR TRADEMARK INFRINGEMENT
RELATED SIDEBAR: WINDERMERE PREFERRED LIVING, BREA, CALIFORNIA, CLAIMS TO BE WINDERMERE "PREFERRED PROPERTIESTM" IN FALSE AND PREDATORY WEBSITE TAKEDOWN LETTER WHILE SIMULTANEOUSLY BEING SUED FOR USING THE "PREFERRED PROPERTIES" PHRASE
CASE UPDATE 1/3/2012: PLAINTIFF FILES REQUEST FOR DISMISSAL WITHOUT PREDJUDICE
WINDERMERE REAL ESTATE SERVICES COMPANY, WINDERMERE REAL ESTATE SOCAL, INC., and WINDERMERE REAL ESTATE COACHELLA VALLEY, SUED FOR WRONGFUL DEATH DUE TO NEGLIGENCE IN RENTAL HOME CHILD DROWNING
Customer of Andrea Turnage (left) from Windermere Real Estate, Indian Wells, California, says: "One of the worst experiences in real estate I've ever had..." and "...extremely unprofessional and unethical..." READ ANDREA'S REVIEW HERE
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ATTENTION AGENTS AND REALTY FRANCHISE OPERATORS: CONSIDERING A BUSINESS ASSOCIATION WITH WINDERMERE REAL ESTATE?
"In Retaliation Windermere Sought to Make the Litigation as Expensive and Time Consuming as Possible to Dissuade Mr. Rodriguez and other Agents from Asserting Claims against Windermere"
"On April 4, 2005, without explanation, Mr. Jacobsen terminated Mr. Rodriguez's agency with Windermere. CP 92. As part of the termination agreement, Mr. Jacobsen reviewed the files for five pending transactions and agreed that Mr. Rodriguez was entitled to one half of the listing commission on those transactions... In November 2005, however, before the Brady transaction closed, Mr. Jacobsen unilaterally changed the commission disbursement form in a way that eliminated Mr. Rodriguez's share of the listing commission. CP 92; TE 14. Neither Mr. Jacobsen nor Ms. Thompson ever told Mr. Rodriguez of the change or that he would not receive his $16,800 share of the commission from the Brady transaction. CP 94." Windermere Wall Street's Richard "Jake" Jacobsen (shown left).
WINDERMERE SERVICES COMPANY v. MAXWELL (FORMER WINDERMERE PCR OWNER) UPDATE: VOLUNTARY DISMISSAL OF CLAIMS FILED
A REAL ESTATE FRANCHISE OWNER'S ULTRA-NIGHTMARE: "...Jacobi decided to open another Windermere office in the territory in which WPCR was operating..."
PLEADINGS AND THE ENTIRE SAGA OF WINDERMERE PUYALLUP CANYON ROAD
WINDERMERE EAST SUES ITS OWN AGENT—DEFAULT JUDGMENT OF $76, 535.47
WINDERMERE SERVICES LITIGATION with DISGRUNTLED FORMER FRANCHISEES
21 Former California Offices Drop the Windermere Brand
Get the Popular Windermere Franchise News here
8-Office Powerhouse Quits the Windermere Brand: Windermere Exclusive Properties Changes to Real Living Lifestyles
THE WINDERMERE RELOCATION RAPE CASE • COMPLETE LIST OF PIERCE COUNTY, WASHINGTON, WINDERMERE CASES
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PROSPECTIVE WINDERMERE FRANCHISEES and RENEWING WINDERMERE FRANCHISEES HAVE A RIGHT TO KNOW: John W. Jacobi and franchisor WSC demand fees and commissions, but won't protect the brand image that Windermere franchise owners pay for—as graphically evidenced by this website. Prospective and renewing Windermere franchisees should click here for FEDERAL TRADE COMMISSION RULES, PART 436, FRANCHISOR DISCLOSURE REQUIREMENTS.
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Considering LISTING YOUR HOME with Windermere? Focus on Risk and Unethical Misconduct in Consumer Realty Services...
PAUL STICKNEY WINDERMERE SCA'S MILLION-DOLLAR FAILURE TO DISCLOSE A CONFLICT OF INTEREST
THE PAUL STICKNEY WINDERMERE REAL ESTATE/WINDERMERE SCA REDMOND SUPERSEDEAS APPEAL BOND
INTERESTED PARTIES and PROSPECTIVE BUYERS SHOULD THINK TWICE PAUL STICKNEY'S CURRENT LISTINGS
DOWNLOAD and READ THE WINDERMERE REDMOND SCA/PAUL STICKNEY WINDERMERE REAL ESTATE $1,030,627.00 JUDGMENT HERE
PAUL STICKNEY WINDERMERE REAL ESTATE'S (A.K.A. STICKNEY TEAM) MILLION-DOLLAR FAILURE TO DISCLOSE A CONFLICT OF INTEREST: Plundering Paul Stickney (left) was officially adjudged by Washington courts as having a conflict of interest and failing to disclose it to his Windermere SCA clients—Mark and Carol DeCoursey—when he sold them a Redmond house, and then recommended a remodeling company. But Stickney neglected to mention he was AN OWNER of the remodeling company, who absolutely ruined their home. Stickney testified that he DID NOT KNOW he was named as the company's VP until AFTER the DeCoursey's lawsuit began. STORY HERE
(Left to right) Governing Persons of the Washington Loan Company: 1) Windermere Founder John W. Jacobi is listed as President of the Washington Loan Company; 2) Timothy Wissner, CFO of franchiser Windermere Services, and CFO of Windermere Solutions, is listed as Washington Loan Company Vice President; 3) Kendra Vita, Manager of franchiser Windermere Services Company is listed as Secretary of the Washington Loan Company; 4) franchiser Windermere Services Company General Counsel, attorney Paul S. Drayna—WSBA #26636—is listed as Registered Agent of the Washington Loan Company; 5) Don Riley, Washington Loan Company manager; 6) Windermere Real Estate S.C.A. Redmond owner Craig Shriner; 7) Windermere Redmond SCA managing broker Aaron Shriner; 8) Windermere Redmond SCA agent Christopher Judd.
Scams Typical Of Every Windermere Network Office: A Windermere Real Estate SCA Redmond Review That You Should Read
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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.
(Left to right) Windermere CEO Geoff Wood (far left) is listed as a Governing Person of Windermere Relocation. Peggy Scott (second from left), also a Governing Person of Windermere Relocation, "... did not give Little any advice about going to the police, and she did not conduct an investigation of Little's complaint..." Windermere attorney Paul Drayna (third from left) is listed as the registered agent of RELO LLC, the entity name of Windermere Relocation. Windermere Founder John W. Jacobi (fourth from left) along with Gayle Glew (far right) are listed as Governing Persons of Windermere Relocation during the Little case. Glew told Ms. Little he did not want any "clouds in the office," and after she would not accept a pay cut, that she should "...clean out her desk."
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.
WINDERMERE ATTORNEY AND SOUTH WHIDBEY FREELAND WINDERMERE FRANCHISE OWNER JOHN DEMCO'S AGENTS' ABUSE, UNDUE INFLUENCE and EXPLOITATION OF A VULNERABLE ADULT: Windermere mother-and-daughter agents Saul and Gabelein take advantage of an elderly woman: “Emma has sold property to members of the Gabelein family for a fraction of its value, jeopardizing her ability to remain in her home for the remainder of her life." The single most despicable example of Windermere’s egregious contempt for justice and human decency—not to mention, its very own customers. CLICK HERE FOR THIS TRULY SHOCKING MUST-READ ACT OF WINDERMERE PREDATION. (Demco, Saul and Gabelein, shown left.)
CO-OWNER OF WINDERMERE MOUNT VERNON/SKAGIT VALLEY AND WINDERMERE ANACORTES PROPERTIES, NATE SCOTT; ALSO SALES MANAGER COLLEEN CRAIG, AND AGENT MEREDITH LAWS OF WINDERMERE ANACORTES PROPERTIES (shown left, respectively), SUED FOE FRAUD IN MYSTERIOUSLY APPEARING "2ND LISTING" CASE: Skagit County single mother of autistic, special needs five-year-old and Natural Spa & Body Care Products entrepreneur filed Complaint.
YOU NEVER KNOW WHAT A WINDERMERE EAST ASSOCIATE BROKER MIGHT BE DOING: " Judgment is hereby entered in favor of Ivan G. Popchoi and Varvara M. Popchoi and against Csaba Kiss (left) in the total amount of $44,885,39, ... "On October 17, 2006, Melanie A. Leary, an attorney with the Demco Law Firm, P.S., sent Mr. Williams a written response to his October 6, 2006 letter. Ms. Leary advised Mr. Williams that she represented Mr. Kiss and relayed Mr. Kiss’s position that the Popchois were not entitled to the protection of the warranties provided by the Statutory Warranty deed executed by Mr. Kiss. Ms. Leary’s letter notified Mr. Williams that Mr. Kiss was “far more inclined to let a court decide” the Popchois’ warranty rights “than to spend money to settle” the Popchois warranty claim.”
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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! ..."
WINDERMERE REAL ESTATE AUBURN, INC., SUED BY EMPLOYEE FOR CONSTRUCTIVE DISCHARGE, HOSTILE WORK ENVIRONMENT, NEGLIGENCE, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CIVIL CONSPIRACY IN PIERCE COUNTY, WASHINGTON, COMPLAINT. OWNER OF WINDERMERE REAL ESTATE AUBURN AND WINDERMERE REAL ESTATE LAKE TAPPS, THOMAS TOLLEN, SUED FOR CIVIL ASSAULT AND BATTERY, TRESPASS, INVASION OF RIGHT TO PRIVACY, CIVIL STALKING AND OTHER CHARGES—PLEADS GUILTY TO RELATED CRIMINAL COUNTS
Complaint for Declaratory Relief, Damages and Foreclosure of Landlord's Lien against Windermere Real Estate/Auburn, Inc., and Windermere Real Estate/Cascades Group, Inc. Judgment for Plaintiff: $128,105,63, costs of $342.80 and attorney's fees of $7,420.00 CASE HERE
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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."
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 and 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. And the Windermere affiliated service company, Commonwealth Land Title Company of Puget Sound, has recently 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 just practicing marketing fraud at Windermere. As Windermere in-house counsel, Drayna oversees Windermere's legal strategy of abusing 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.
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 and attorney Paul Drayna 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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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?" You may want to search and visit more websites about Windermere's predatory business conduct.
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