A Dark Day for The Estate Sale: Darker Yet for San Diego

Yes. It is true. The Estate Sale has closed its doors to the general public. No more stopping by on the way home from Costco. No more leisurely browsing at cool old stuff.

We will miss you too, and hope to open in a new location or bring back the good old days when Vicky Kahia, Justin Earley and their conspirators are gone. Unfortunately, they seem to be multiplying like cockroaches.

We won an arbitration against James Jordan who used to own the property The Estate Sale is on. He also sold dune buggies. He had an attorney and we were in pro per (self-represented). But the facts of the case are so clear cut, there was no way we could lose.

It is the same about our interference with contract claim against Vicky Kahia of Jamul. The Iraqi-American “bought” the property from Jordan in an alleged fraudulent short sale. But to buy it, she had to induce Jordan to deny us our contractual right to buy the property for whatever price and terms he accepted from another buyer. We don’t know if she gave Jordan more than the $860,000 sales price. It doesn’t matter. She induced, or convinced him, or led him to break his contract with us and sell the property to her. She knew about the contract. She claims she didn’t know about the right of first refusal clause, but entered the contract into an unlawful detainer case she filed against us, so she is presumed to have read the contract. And just how dumb does she think everyone else is, that a jury would believe she paid $860,000 cash for a commercial property with three tenants on it and she didn’t read the leases?

Instead of bowing out gracefully when she was caught, she continued to torment us for close to two years now. The City of San Diego helped her. So, we give up. We are dealing only with resellers now, so we won’t need to contribute to the city coffers with sales tax. We already asked The City to correct their errors and give us some concessions, like not paying their employees’ witness fees, and giving us $4,000 for the trouble they caused us. Our claim was denied, so we will probably name The City in the multi-million dollar lawsuit now. And instead of upgrading the neighborhood that was once high crime, they have a building next door to ours filled with creepy transients who told us they are going to sell guns and knives.

One of them drives a dune buggy that is emblazoned with the word “predator”. Nice.

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“I Have No Penis!” : Who Is Garry Hogenbirk?

hogenbirk dune buggy

People are looking for The Estate Sale and driving right by. Instead of a display of our cool old stuff in front, there is a Dune Buggy parked in the space. It is one of those cars that screams out “I have no penis!” (Men, if you don’t understand this, ask a female friend. She will probably give a knowing laugh and explain it to you.)

The dune buggy is driven by a man named Garry Hogenbirk. Hogenbirk is the next in a line of Doe Defendants to be named in Lynn v. Kahia, the legal battle over ownership of 2946 and 2950 Garnet.

Kahia, Justin Earley and their conspirators have taken the battle out of the courtroom and onto the street, so to speak.

Garry Hogenbirk and Michael Clemmens moved onto 2950 Garnet Avenue about a week ago, claiming they were opening a gun and sporting goods store. Hogenbirk drives the loud dune buggy. He parks it in the driveway or the display area whenever he wants. SDPD is slow or non-existant to respond to calls for help from this alleged trespass under Penal Code 602(k).

So, we researched Hogenbirk and Clemens. They are old buddies from school days. Not college. High school. They grew up in East County and never went too far. Then in 1997, according to court records, Hogenbirk got hit by a downed powerline and won over a million dollars in an annuity. This year he wanted to get at the money all at once, so he asked the court’s approval of a lump sum payment of $250,000 for the annuity worth about $925,000 in present value.

Judge Lisa Schall approved the payment. Small world. Judge Schall is also the judge who recused herself from a restraining order hearing against the owners of The Estate Sale. Court records show that the $250,000 was to buy a bar in Colorado and pay for an attorney to sue a bank. It looks like the money will pay for an attorney, anyhow. And maybe buy a little cabin in Colorado, but the cabin will be for The Estate Sale owners, not Hogenbirk.

Now Hogenbirk and gang have stolen the Waste Management trash bin from the side of our building and filled it with their trash. They are as dumb as they look. Waste Management has no record of our trash bin being moved, they have a record of our trash bin being emptied at 6 a.m. this morning, and they have no record of a bin being delivered to 2950 Garnet, ever.

The police are on their way. They will probably be here by Christmas, but we’ll see if they are any smarter than Hogenbirk, a man who got hit by a downed powerline.

UPDATE: Our sincere apologies. The SDPD officer who showed up for the allegedly stolen trash bin decided it was not stolen. It was taken by accident. It was a case of mistaken identity. You see, Michael Clemens had ordered a bin. Our bin was on the property for three years and was at the back end of our building on a slab built for it, but when Clemens saw it, he figured the only bin on the property must belong to him, so without asking, he rolled it the length of a football field and filled it with his trash. Innocent mistake. His bin did show up later in the day.

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“I thought u were gonna refrain” : The Power of Words

“Jesus wept.” That is one of the richest, most telling sentences in The Bible.

Two simple words; a name and an action, subject and verb, that tell us what the fallen nature of man meant to our God.

Those words give me solace when I am falling into depression because I hate the evil of man. I remember that God himself acknowledged the fall, but he did not fly into a rage or give up. He found a way to give man salvation and he paid man’s debt himself. He had no debt of his own to pay, but he allowed for the sacrifice of His own Son, the shedding of the blood of the perfect lamb.

Attorney Chris Connolly needed six words, but they are words that also carry a strong impact. He was writing a private email to his client Justin Earley in response to a long email about continuing trespass and harassment on a commercial property on Garnet. The situation on the property is so highly charged, Judge William Nevitt issued a civil harassment restraining order against two of the people who have possession of the property. Connolly accidentally hit “reply all” instead of “send”, and told all involved he thought Earley was going to refrain from his conduct.

What can we reasonably infer from the sentence “I thought u were gonna refrain”?

First, it was from an attorney. The casual spelling and grammar shows that he was talking to someone on his side. It shows familiarity.

It also shows they had discussed the situation in the past. Connolly knew there was a potential for the behavior discussed. It does not necessarily mean Earley had already engaged in that kind of behavior, but a jury in a civil trial, where the burden of proof is “more likely than not” would more likely than not think Earley had already done this sort of thing in the past. If not, than Earley had discussed future plans to commit crimes or frauds and his attorney chose not to warn the potential victims.

That Connolly used such a mild tone, a tsk tsk, instead of a “Stop!”, is also dismaying. It was “I thought u were gonna refrain”, not “Do not do that. Stop.”

It also means Connolly knew his client was lying in court and on responses to interrogatories signed under penalty of perjury and did not withdraw from the case.

No wonder Jesus wept.

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The Truth, The Whole Truth and Nothing But The Truth, so help them God.

From The ABA Model Rules Of Professional Conduct

Transactions With Persons Other Than Clients
Rule 4.1 Truthfulness In Statements To Others

In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

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Shhhh. If you want something to be a secret, don’t tell anybody.

Some people think their secrets are safe if they tell them to someone with Esq. after his name. This is not always true. There are exceptions to the attorney-client privilege rule.

One exception found in the American Bar Association Model Rules says an attorney may disclose communications “to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and the lawyers services have been used to accomplish that end.”

The not-so-theoretical question of the day is this:

A commercial real estate broker, Justin Earley of Capital Real Estate Ventures Inc represented the buyer of a property on Garnet where The Estate Sale is located. The owners of The Estate Sale, Mike and Laura, had a right of first refusal to buy the property if there was an accepted offer. James Jordan of Certified Car Care didn’t give Mike notice when Jordan accepted an offer from Vicki Kahia, owner of Kona Coffee in Hillcrest. Justin Earley and Vicki Kahia convinced their insurance companies that the interference with contract was a big mistake, or maybe there wasn’t an interference at all.

The first question, if there was a breach, was decided in binding arbitration. Yes, James Jordan owes Mike and Laura $171,000.

For two years the insurance companies have paid attorneys to represent Earley and Kahia. During this time, Kahia tried like a dickens to evict Mike and Laura from the property. When a judicial eviction didn’t work, she, with Earley’s help, made complaints about building code violations to The City of San Diego. These alleged violations were all happening when Kahia bought the property. She got an extra $30,000 from the FDIC insured bank (it was a short-sale) to cure the problems herself, but she did none of the rehabilitation.

When complaints to Neighborhood Code Enforcement failed to scare Mike away, Kahia and Earley allegedly engaged another tenant on the property to harass Mike and Laura. The tenant filed bogus lawsuits an made false reports to the police against Mike. One lawsuit is Justin Cannatella v. Laura Lynn, et al. The tenant blocked a display area for The Estate Sale with his BMW and van, even though there was plenty of other parking for him. Laura alleges that is a violation of Penal Code 602(k), and Earley ‘s involvement is criminal conspiracy. Cannatella got a restraining order against Laura and Mike, with Earley testifying on his behalf. Laura alleges Earley committed perjury.

And all the while, Earley’s lawyer, Chris Connolly, did nothing to settle the supposedly unintentional part of the claim, the interference with contract, and allowed the damages to Mike and Laura’s property and personal safety escalate.

Kahia’s attorney, Ryan Fick sent a letter to Kahia that said Earley was not managing the property properly. Kahia decided to show that letter to Earley, who showed it to The City of San Diego, who showed it to Mike and Laura. Kahia waived her right to Attorney-Client privilege.

Last night, Connolly did one of those oops moves and hit “reply all” instead of “reply” when he sent a short email to Earley. The email said “I thought u were gonna refrain”. Connolly was discussing an email from Laura that said new tenants, Michael Clemens and Garry Hogenbirk were joining the conspiracy to interfere with Mike and Laura’s property rights and to inflict severe emotional distress. Apparently Connolly had already counseled Earley to knock it off and his client decided not to comply.

Then Connolly didn’t leave it alone. He would probably not be in any trouble for disclosing a communication meant to deter his client from committing any further crime or fraud. Instead Connolly wrote the following email to Laura:

Ms. Lynn;

Responding to your vitriol and efforts to intimidate are of no consequence.
I have refrained from responding to your acidic emails and threats, as it is clear you relish in any response.
Mr. Earley, on behalf of Judd, Inc., as property manger(sic) , is obligated to respond to your caustic communications.
In retrospect, his last communication to you was both responsive, appropriate and necessary.
If you are unclear as to the scope of Restraining Order, I suggest you go back to the judge and inquire.
My email inadvertently included everyone. However, I ask you to refrain from the nature and content of your latest communications.
As we recently discussed on the phone, lets get this matter to trial and move on.
Thank you,
Chris Connolly
********************************
What did Earley write that Connolly found to be “appropriate and necessary”?:

Laura Lynn,

Justin Cannatella is the tenant at 2950 Garnet.

You do not control any of the driveway or parking areas for any reason whatsoever.  This has been well established and documented by City code enforcement via the violations they issued to you for using the parking lot as a display area and in the restraining order issued against you which states you are not to harass Justin Cannatella either directly or indirectly.

You have already attempted this ruse about controlling the west side of the parking area.  Please stop.

Justin Earley
Judd, Inc.

****************************************

Cannatella wrote a complaint under penalty of perjury that said he was out of business because of Mike and Laura. He also had an advertisement to sell his business on the internet that said he was selling to pursue other businesses. He also took out a fictitious business license in June to operate an auto dealership.

Michael Clemens said he and Hogenbirk bought Canatella’s inventory and they were advertising on the internet that they were opening a sporting goods store.

What it looks like to Mike and Laura is that Earley and Kahia thought they found a judge who would give them anything they asked for in the eviction case, and they thought they would finally get Mike and Laura off the property, so Cannatella would open an auto dealership, maybe with Jordan as a silent partner, and Clemens and Hogenbirk would open their sporting good store and Mike and Laura would be plum out of luck.

Earley once again told Mike and Laura that their rights to the property that were well established before the interference with contract are taken from them, and Connolly thought that was appropriate and necessary.

Connolly was better off listening to Earley tantrum and telling Earley that he would no longer ignore crimes and fraud on the court that are reasonably certain to result in substantial injury to the financial interests or property of another and his services have been used to accomplish that end.

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Attorney Wanted: No Conscience Required

Yesterday, I was called “almost an attorney”, and that was by one of them, so it should be taken as a compliment. I actually wanted to be an attorney when I was young, and traded in my dreams to be a stay at home mom, my other dream. Ah, the dreams of youth. My former spouse, Tim Lynn, angry that he would not get his claws on my inheritance after I divorced him, tore my children away from me as much as a biased judge would let him. The judge was eventually admonished by the California Supreme Court for his bias on the case, but my sons did not receive a childhood with their loving mother back.

How does such a travesty of justice happen? There were dozens of attorneys involved in the case, but only two with a conscience. One was David Castenholz. Last I heard, he quit practicing family law and was a personal injury attorney in Huntington Beach. The other was a Public Defender in San Diego, Kate Coyne. If Kate Coyne runs for president, I’m staying up nights stuffing envelopes for her campaign.

I am ruminating over something an attorney in the case Lynn v Kahia wrote to his client last night. The email was, probably by accident, sent to me and several other recipients along with his client, Justin Earley of JUDD, Inc. The attorney wrote “I thought u were gonna refrain”. At first I was livid. I should have paid more attention to God, who tells us in the Bible not to speak in haste and that when we are angry, we don’t think quite so straight.

I thought a snooty email from Earley, filled with lies, just above the attorney’s email was also from the lawyer. My mind was racing. How could this man tell me in one breath that I was wrong and his client could continue to torment me, using unlawful conduct, and then give his client a mild admonishment, a scolding that you give a child who blurts out a swear word?

Now I realize that the attorney did not condone the continuing behavior. It appears he had told his client, if somewhat too gently, to knock it off. The client decided not to follow his attorney’s advice.

But what duty is owed by an attorney if he knows his client is continuing to commit perjury, conspiracy to criminal trespass, and is trying to cause victims who are known to have anxiety and depressive disorders to kill themselves. Really. Justin Earley tried to steal a man’s livelihood, his home and his land. Then he obstructed justice and suborned perjury. And his attorney says “I thought u were gonna refrain?”

The attorney is paid by an insurance company. How about paying off the damages that were unintentional, but devastating, and letting the alleged criminal fend for himself on the intentional behavior?

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Attorney To Client “I thought u were gonna refrain”

RETRACTION: At first I thought the snooty email mentioned at the very end of this article was from Attorney Chris Connolly also. I printed that here by mistake. My sincere apology to Mr. Connolly. I was so shocked by the email admitting Mr. Connolly knew about the alleged criminal behaviors of Earley, that I made a mistake in haste.
It all started when I sent the following email to the attorneys in Lynn v Kahia, Justin Earley, Michael Clemens and Garry Hogenbirk:
Dear Sirs and Ms. Lopez,
     Michael Clemens and Garry Hogenbirk have moved into 2950 Garnet Avenue. They said they took over Justin Cannatella’s inventory and are opening a different sporting goods store. There is video of them on the internet talking about opening a business called All Adventures Sports Center taken on 10/3/2014.
     We hoped to coexist with these new tenants and agreed to share the west parking lot for customers only. All other usage would be as per our lease and changes to the lease that Kahia and Earley would be aware of if they asked us for tenant estoppels.
     Whether Kahia is a bona fide purchaser or not, which she is not, she must still abide by leases that were in place when she bought the property. Kahia was at the property with Earley, she claims under penalty of perjury that it was several times, so she should be fully aware that Pietrczak and Lynn have full, exclusive use of the front display area, the west parking lot (aka 2946 Garnet) and the back of the east parking lot that was originally part of 2950 Garnet.
     Until we can overturn the Cannatella restraining order or the passage of three years, we are limited in the use of our display area, because it might be considered parking lot by some zealous SDPD officer and we do not want to risk imprisonment, even for a short time. Ms. Kahia is risking imprisonment for five days for each violation of the order of March 27, 2013 and when we have time we intend to file an OSC re: contempt against her.
     In the meantime, damages just keep rising and the list of necessary parties expands. We are naming Garry Hogenbirk and Michael Clemens as they are now joined in the conspiracy to drive us off our own property and inflict as much emotional distress as possible to accomplish their goal.
     Mr. Clemens and Mr. Hogenbirk, please cease and desist from using the west parking lot area. We have written approval to use the drive through and well established approval to use the east back area next to our building. Also realize Kahia and Earley are having their insurance companies pay for their defense. That is why they feel entitled to make more trouble.
     Counsel, your clients could not care less how high the damages go, because damages already exceed their net worths. As Earley wrote in the declaration filed September 9, 2014 in the UD case, Kahia is desperate. Because you have not settled the very simple matter of the interference with contract that insurance may cover, damages paid by the insurance are rising and probably exceed the limits already. But we may settle for less than limits if the settlement comes soon, like within days. I will try to make time to study bad faith claims, as well. I don’t know if those apply to third party beneficiaries, but what the insurance companies are doing does not seem right.
     You are condoning very intentional, malicious, destructive behavior by delaying settlement of causes of action from supposedly unintentional acts. Once the possibly negligent brokers settle, the insurance companies will no longer be involved in our suit. Kahia may have a cause of action to repay for damages, but it is likely the brokers can get documentation from Earley and Carnevale to prove they gave Kahia full disclosure.
     Thank you for prompt attention to this matter,
Laura Lynn and Micheal Pietrczak
UPDATE:Real Estate Broker Justin Earley sent a snooty email in response to our letter, telling us why we are wrong.
Then his attorney wrote “I thought u were gonna refrain” and sent it to his client, Justin Earley and everyone else our email was sent to. Oops.
RETRACTION: At first I thought the snooty email was from Chris Connolly also. I printed that here by mistake. My sincere apology to Mr. Connolly. I was so shocked by the email admitting Mr. Connolly knew about the alleged criminal behaviors of Earley, that I made a mistake in haste.
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