Abuse
of an Elderly Person
There is evidence that Mrs Guess'who committed abuse and may have
attempted extortion and caused extortion of Mrs. Guess'who#2.
Introduction
On March 15, 1985, Charles
E. Reed, Jr., granted an easement for a well and
related access easement for the benefit of land now owned by Mrs
Guess'who#2.
On May 24,1990, Charles and
Joann Campbell granted another easement for the same purposes to the
predecessor in interest.
On July 13, 2002, Weber Valley Heights Water
Association bylaws were last updated.
The purpose of the association was to facilitate the
provision of water to the benefited parcels pursuant to the grant of
easements described above.
Guess'who#2
is the beneficiary of those
easements and the water rights are her property.
The purported president Guess'who of the Water Association
should be very much aware that the
association’s sole purpose is to provide water.
Guess'who has remained president of the Water Association for four
consecutive terms.
There is no DBA on file with The Riverside County Recorders Office.
There are 2 sets of books.
The bylaws state in
ARTICLE III MEMBERS
Ownership
of this water system shall be held jointly by al1 members of
the association with consideration of the other members.
Ownership of
the water rights shall remain with the land.
The Water Association does not have any
right to determine how the water is or is not used.
Factual Introduction
Spring 2010 around April Guess'who#2 agreed to allow a Co-Op Medical
Group to help her cultivate her 5 acres of land.
Mrs. Guess'who did not agree with what Guess'who#2 was doing.
This was the start of an ongoing and esclating fude.
One of the problems
Some one called Mrs
Beverly's office where she worked as a real estate agent and informed
them that Guess'who#2 was growing pot.
Guess'who#2 was
terminated.
One of the office
workers informed Guess'who#2
that someone had called in and
said she was farming pot and that was why she was relieved
from her duties.
Guess'who defense letter arrives in the mail.
Guess'whor claims she was not the caller that cost Guess'who#2
her job.
Here is Part 1.
Part 2.
7-5-2010 Traffic now an issue
being used to stop the Co-Op Medical Group
This is a digital copy of the letter that
was sent to Guess'who#2
Mrs
Guess'who wrote "growing pot puts us in
danger" plus "We moved here for privacy and the pot growing interups
that peace"
Mrs
Guess'who has established she is unhappy about her surrounding
circumstances.
She is
going to cure the problem no matter what avenue she needs to travel.
The Members of the water association along with there bill received a
ballot to vote on a water issue.
Mrs Guess'who claims Guess'who#2 is breaking the bylaw rules.
This was
sent to all members asking "should the water association uphold the
rules" of "Domestic use of the water"
On 7-7-2010
Guess'who states she was advised
by a lawyer that "domestic use only isn't enough"
And that the association needed to outline water use. She therefore knows
Weber Valley does not have any right to shut off the water.
On 8-25-2010 The Weber Valley President sends out a letter
stating.
Thank you all for
voting in a timely manner. The voting was for
Section 2: The use of the water
shall be limited to normal and usual domestic use.
The vote was not about giving the power to go cut a water line or shut
off the water supply to a paid elderly member.
No matter what the vote was the bylaws state in
"Section 2: The use of the water shall be limited to normal and usual
domestic use."
The bylaws have not gone to vote
as of 11-28-2010
The ballot is written with these words. " Temporarily
disconnect water to member until commercial use is stopped.
To day the only way the water will be turned back on is if the
$2,000.00 is paid to the Weber Vally Water ASS.
On 7-7-2010
Guess'who stated she was advised
by a lawyer that "domestic use only isn't enough"
By shutting off the supply line Weber Valley Heights Water Association was and is dennying Beverly her constitonal right to freash clean water as per "116270. The California Legislature. Guess'who#2 is being held hostage to property she is legaly entitled to and has proof of ownership.. Guess'who therefore is attempting to extort money under the office of
Weber Valley Height Water Association President.
Conclustion, The W.V.H.W.A. does not now nor has it ever had any legal right to terminate service to water for any reason other than non payment as it is clearly written in the bylaws Article VI Funds of Origination Section 3.
The bylaws do not have one mention of any other type of use other than "Domestic use".
The State of California in these United States needs to rectifi the miscarrage of office.
Mrs. Guess'who has not been charged with any crime related
specifically to attempted extortion and / or extortion.
The abuse of Guess'who#2 by Mrs. Guess'who resulted in monetary harm,
mental suffering and the disconnection of Guess'who#2's domestic use
water line.
Guess'who#2 is an elder person residing in California and her age
is over 65.
Prior to the date of October 13, 2010 Mrs. Guess'who repeatedly demanded
both verbally and by mail remove your plants or we
being Weber Valley Heights Water Association will shut off your water.
On the 13 of October 2010 one of the hottest days of the year Mrs.
Pierrer ordered the water supply to be disconnected. Mrs. Pierre has
written and mailed a letter indicating it will cost $2000.00 to
reconnect the disconnected water.
Guess'who#2 can prove by a preponderance of the evidence that
Mrs. Guess'who in fact committed the abuse and attempted extortion.
The proof by a preponderance of the evidence is evident upon
examination of related demand documents.
The proof beyond a reasonable doubt was written, signed and mailed to
Beverly. These facts can and have been proved. Any jury would conclude
that it is “more likely” “than not” that the
attempted extortion and the extortion did happen.
The written demands with attached signatures by Mrs. Guess'who are
credible witnesses to the attempt.
II. Factual Background.
116270. The Legislature finds and declares the following: (a) Every
citizen of California has the right to pure and safe drinking water.
On March 15, 1985, Doc# 53702 Charles E. Reed, Jr., granted an easement
to a well for the conveyance of water and related access for the
benefit of the land and appurtenant to the land. More so lot 53/43 par
4 as per Riverside County Record of Survey.
On May 24, 1990, Doc# 191167 Charles and Joann Campbell granted
easement for the conveyance of water to lot 53/43 par 4 as named again
in Riverside County Record of Survey.
On July 13, 2002, Weber Valley Heights Water Association bylaws were
updated. The purpose of the association is to facilitate the delivery
of water to parcels pursuant to the grant of easement described as Doc#
53702 and Doc# 191167.
Guess'who#2 is 1/13 beneficiary of the said easement Doc# 53702
and Doc# 191167 her property is lot 53/43 par 4 as stated in said
easements.
Mrs. Guess'who claimed the water can not be used for commercial
purposes in the letter addressed by WVHWA on 8-25-10.
______________________________
____________________________________________________________________________________
Exhibit #1
_________________________________________________________________________________________________________
Weber Valley Heights Water
Association Bylaws
Revised July 13, .2002
ARTICLE I NAME
Section 1: This organization shall be known as Weber Valley
Heights Water Association.
ARTICLE II OBJECTIVES
Section 1: The object of the organization shall1 be to
establish all policy matters and to control the use of the water
system, its maintenance and repair.
Section 2: The use of the water shall be limited to normal and
usual domestic use.
Section 3: All water lines shall be installed underground where
it is possible.
Section 4: Meters and check valves shall be: installed at the
point of take off by each user at his sole expense and maintained by
the user.
Section 5: All users shall install a domestic water storage tank
of not less than five hundred (500) gallons capacity for each five (5)
acre parcel being served. Tanks should be filled in late evening as not
to affect other members water usage.
Section 6: Water shall be tested regularly.
Section 7: Establish means of securing compliance with all1
directives including timely payment of all fees including timely
payment of all fees.
ARTICLE III MEMBERS
Section 1: The water system consists of three (3) wells, a water
distribution piping system and storage tanks and shall provide the
total yield to all members Ownership of this water system shall be held
jointly by all1 members of the association w1th consideration of the
other members. Ownership of the water rights shall remain with the
land.
ARTICLE IV OFFICERS
Section 1: The officers shall be President, Vice President.
Secretary, Treasurer and Maintenance Officer. All officers are elected
by a majority vote of members of the association present at any regular
or called meeting.
Section 2: Officers shall serve two years or until they are no
longer land owners in the area served by the water system.
Vacancies shall be filled by majority vote of those in attendance at
the next regular meeting. Officers shall serve without pay.
Section 3: The duties of the officers are as follows:
a. The President
shall preside at all meetings: call all1 special meetings of the
members: and see that meetings are conducted in a proper and orderly
manner.
b.
The Vice President shall serve and act with the ful1 authority of the
president in his absence.
c. The
Secretary shall preside in the absence of both the president and the
vice president; keep all records and accounts: inform members of
upcoming meetings; notify members of any special action taken by the
membership; and promptly prepare and send minutes of meetings to all
members.
d. The Treasurer shall maintain all
financial records of the organization; supervise all disbursement of
funds as governed by the membership; send out the water bills promptly
after the readings have been received from the maintenance officer; and
receive and deposit all funds in a non-interest bearing checking
account.
e. The Maintenance Officer shall
monitor, maintain and repair the water system with volunteer and
requested help of members; take \water meter readings promptly on or
after the first day of the month and deliver the readings to the
treasurer as soon as possible thereafter.
f. Any
two officers may co-sign checks as needed with one exception: no two
(2) members of the same family will have check writing or signing
authority.
Article V MEETINGS
Section 1: Meetings shall be called at the direction of the
president or as deemed necessary by the membership.
Section 2: All meetings shall be conducted as governed by
Robert's Rules of Order.
Section 3: A majority vote of those present is acceptable for
all motions brought to the membership unless It is a stated exception
in Robert', Rule, of Order.
Section 4: One vote is allowed per land parcel.
Article VI Funds of Origination
Section 1: Monthly water usage rates shall be based on pumping,
maintenance and repair costs of the water system. \\'hen major repairs
or upgrades are anticipated, an assessment may be charged if approved
by majority vote of all members.
Section 2:
Any bill not paid by the next billing date shall be charged a $5.00
late charge. No bill under $5,00 shall be dealt with such, Any property
owner that is three (3) months delinquent shall be sent a certified
letter with intent to tem1inate service. Service shall be disconnected
if payment is not received within 15 days, No meeting is needed to
authorize the disconnection, The maintenance officer and one other
member will disconnect the service.
Section 3:
Due to changing water requirement fees, re hook up charges for
terminated members will be $2,000.00 plus all back maintenance and
assessment charges since disconnection. A meeting shall be called to
reconnect service.
Section 4: Annual minimum \water usage fee will be S20.00 a year due
January 1 of each year beginning January 1,2003. (Fee due for year
prior to payment.)
__________________________________________________________________________________________________________________
End Exhibit #1
_________________________________________________________________________________________________________
The “Weber Valley Heights Water Association bylaws” state
in
“Article II “ “Section 2: The use of the water shall
be limited to normal and usual domestic use. “ SEE abovef exhibit
#1“
In Article III ownership is the keyword.
“Article III“ Section 1. The Weber Valley Heights
Water Association bylaws clearly state, "Ownership of this water
system shall be held jointly by al1 members of the association". and
“Ownership of the water rights shall remain with the land“.
“ SEE abovef exhibit #1“
“
Admittedly Weber Valley Heights Water Association does not own
the water or water rights but mearly a delivery system that truly belongs to it's members as long as members are up to date with usage bills...
III. PUBLIC
UTILITIES CODE SECTION 2725 and Corp. Code
§14301
By virtue of Mrs. Guess'who addressing a letter requesting a
reconnection fee of $2,000 she is exhibiting that this State Small
Water Association is not delivering water at cost. (Corp. Code,
§14301.) 2725. As used in the chapter, "mutual water company"
means any private corporation or association organized for the purposes
of delivering water to its stockholders and members at cost.
Distributing water to the members. (Arroyo Ditch & Water Co. v.
Dorman, 137 Cal. 611, 70 P. 737 (1902); Thayer v. California
Development Co., 164 Cal. 117, 128 P. 21 (1912).) The general purpose
of a mutual water company is to serve and promote the individual rights
of the members on equal terms in securing water for the irrigation and
cultivation of their lands. The shares of stock generally represent the
water rights secured by the company when such rights have attached, and
the holders of stock who are settlers on the land hold the stock as
representing the water rights appurtenant to the lands on which the
water is to be used. A corporation, including a nonprofit corporation
organized for or engaged in the business of developing, distributing,
supplying, or delivering water for irrigation or domestic use, or both,
may provide in its articles, or may amend its articles to provide, that
its only purpose is to develop, distribute, supply, or deliver water
for irrigation or domestic use, or both, to its members or
shareholders, at actual cost plus necessary expenses. (Corp. Code, §14301.)
This is a copy of the demand letter
IV. 2009 California Penal
Code
Section 518-527 :: Chapter 7. Extortion
PENAL CODE
SECTION 518-520, 523-526
Mrs. Guess'who is the
President of Weber Water Association
518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of
force or fear, or under color of
official right.
519. Fear, such as will constitute
extortion, may be induced by a
threat, either:
1. To do an unlawful injury to the person or property
of the
individual
threatened or of a third person.
520. Every person who extorts any money or other
property from another, under circumstances not amounting to robbery or
carjacking, by means of force, or any threat, such as is mentioned in
Section
523. Every
person who, with intent to extort any money or other property from
another, sends or delivers to any person any letter or other writing,
whether subscribed or not, expressing or implying, or adapted to imply,
any threat such as is specified in Section 519, is punishable in the
same manner as if such money or property were actually obtained by
means of such threat.
524. Every
person who attempts, by means of any threat, such as is specified in
Section 519 of this code, to extort money or other property from
another is punishable by imprisonment in the county jail not
longer than one year or in the state prison or by fine not exceeding
ten thousand dollars ($10,000), or by both such fine and imprisonment.
525. Upon conviction of a felony violation under this chapter, the fact that the victim
was an elder or
dependent person, as defined in Section 288, shall be considered a circumstance in
aggravation when imposing a term under subdivision
(b) of Section 1170.
526. Any person, who, with intent to obtain from another person any
money, article of personal property or other thing of value, delivers
or causes to be delivered to the other person any paper, document or
written, typed or printed form purporting to be an order or other
process of a court, or designed or calculated by its writing, typing or
printing, or the arrangement thereof, to cause or lead the other person
to believe it to be an order or other process of a court, when in fact
such paper, document or written, typed or printed form is not an order
or process of a court, is guilty of a misdemeanor, and each separate
delivery of any paper, document or written, typed or printed form shall
constitute a separate offense.