The Evangelical Coup Is Underway!

I posted this ten months ago. At the bottom you will see three related articles. I am going to e-mail Peter Defazio, and other Oregon leaders, and demand a full investigation of how some evangelical church leaders and been encouraging a holy insurrection. How many of these fake Christians admire Putin.
https://www.theguardian.com/us-news/2020/jul/25/portland-martial-law-ron-wyden-jeff-merkley

Rosamond Press

Remain calm. Do not riot or demonstrate. They want real Americans to look bad. The Foreign Evangelical Bund is going for The Votes. They do not care about our Democracy. They just want to stay in power. Their strategy is to get EQUAL TIME during the Impeachment Hearing. This is why Pence and Trump are inviting China and the Ukraine to get something on the Bidens.

My evangelical neighbors were trying to incite violence, then blame it on me. It would be my word against five of them. Their plan was to get me evicted. In a video made awhile back, Giuliani says “the people will revolt” if Trump is impeached. We know this comes from the Foreign Evangelical Traitor, Jeffress. Call them FOREIGNERS! Stand up for your Country and Consitution. Remain calm because we are going to BEAT THEM at the polls. Then we will EXPOSE them and…

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I Can See Into The Future

This is a repost from April. Senator Ron Wyden of Oregon said the President of the United States sent a Goon Squad to our State in order to stir up trouble so Trump can use images of this chaos to keep the votes of Evangelical who make up much of his base. Who saw this coming? I did. My evangelical neighbors have been harassing me and stray cats that used to live here. They have invoked the name of Eugene Anarchists wo threatened me. When I told Kim Hafner I am a prophet in regards to Herbert Armstrong backing Radio London operated by my late friend, Ben Toney, she went into a tirade, saying I was a lunatic – and was no prophet! What business is of hers and her gang of She Uglies. They think they are The God Squad! Are the Trump Lovers?

I have invoked the name of my Fremont Benton kin in keeping oursiders like the Bundys out, and defending Oregon from right-wing Christians. How many members of the Federally Employed Goon Squad are radical evangelicals. When Trump is voted out of office, I believe the elected leaders of Oregon will demand a investigation by the House and Senate. Evangelicals that huddle with Trump in the White House should publicly distance themselves from the Holy Master Plan of the Lunatic they put in office.

John Presco

https://www.theguardian.com/us-news/2020/jul/25/portland-martial-law-ron-wyden-jeff-merkley

America is “staring down the barrel of martial law” as it approaches the presidential election, a US senator from Oregon has warned as Donald Trump cracks down on protests in Portland, the state’s biggest city.

In interviews with the Guardian, Democrat Ron Wyden said the federal government’s authoritarian tactics in Portland and other cities posed an “enormous” threat to democracy, while his fellow senator Jeff Merkley described it as “an all-out assault in military-style fashion”.

Rosamond Press

How many writers and newspapermen have claimed they are Seers who can see the future?

John

https://rosamondpress.com/2020/04/15/red-dawn-of-the-rouge-death/

https://rosamondpress.com/2018/09/27/john-wilson-and-judgement-day/

I Am Dreamer Jon

In the last five days I have only heard the voice of one human being. We talked on the phone for about eight minutes. I suspect that majority of people can not associate with my prophetic writing. Indeed, I rub everyone the wrong way. My atheist friends don’t like the Biblical crap, and my Christian acquaintances don’t like me stepping on their world view and End Time vision. Then there is the Racial Tribal, stuff. Who am I for – really? Am I pro, or anti-immigration? Do I want to help stop White California from being taken over by Illegal Brown People? What about my wondrous White Family Tree? How do I feel about Trump? Isn’t he trying to save…

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“He’s against God”

I told you this was coming four days ago. This attack on Joe Biden is two-tonged. Liberal Catholics are going to vote for Biden, but Conservative Catholic are undecided. Many evangelicals believes the Pope is Satan. This is a call to battle for those Christians who are thinking of voting for Biden. Trump did not come up with this evil strategy…His evangelic advisors did. The New Religious Wars have begun.

John Presco

US President Donald Trump has said Joe Biden is “against God”, ramping up attacks on his Democratic rival and foreshadowing an ugly election battle.

The remarks, during a trip to Ohio, came as Mr Trump tries to make up ground in the crucial Midwestern states that were his path to victory in 2016.

“He’s against God. He’s against guns,” said the president, a Republican.

Mr Biden, an avowed Catholic, will take on Mr Trump in November. Opinion polls suggest the Democrat currently leads.

The former US vice-president has spoken frequently about how his faith helped him cope with the deaths of his first wife and daughter in a 1972 car accident.

His campaign spokesman Andrew Bates said in a statement on Thursday: “Joe Biden’s faith is at the core of who he is; he’s lived it with dignity his entire life, and it’s been a source of strength and comfort in times of extreme hardship.”

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Smoky’s Black Velvet Art Show

Two days ago a relative I never met made contact with me while I was making a video. She told me we are related and she said she was a Private Investigator who had worked for the FBI. She showed me a genealogy that links her to my grandfather, Royal Rosamond. My mother, Rosemary, used to make an annual trip to Ojai to visit one of the people in this Detective’s tree. I suggest in this post I am a Psychic Detective who was using Smoky as a spirit guide. Smokey is a Latino. I debated about changing her race to a blonde. I decided to keep her but have her emulate a white woman. I recalled that Kim Novack lived in Carmel. I googled her – and was shocked to learn she was an artist. This relative looks like Kim in the photo above! The ghost of Rosamond does a walk-on in this post. The woman that owns Christine’s home, said one bedroom is very chilly, and defies attempts to warm it up. I will be contacting Zak Bagans to see if her wants to do a show on ‘The Rose of The World’.

Rosamond Press

I just sent this e-mail to Rosa Cazares:

“I sent you a rough draft of the book and series I have in mind. I was married to Thomas Pynchon’s lover who was an artist. I own a newspaper for the arts. I would like a statement from you how La Mota will be funding The Arts and Bohemian literature.”

John Presco

Yesterday I posted an article about the selling of Rosemary’s home. I did not read the whole thing until later that night while watching Cops on Pluto T.V. I gasped! This is a powerful Psychic Hit.

“The sale has not yet been finalized, but Zak Bagans, the star of the reality show Ghost Adventures, told the Guardian he had long been looking for a home in the neighborhood and was buying the property. “There was a very, very strong energy in the house,” said Bagans, who visits “haunted” destinations…

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Kim Haffner Reeled Them In

My daughter and he mother did not want the truth, nor my neighbors. Belle Burch and Alley Valkyrie did not care about the death of my sister, and crushed my investigation with their abusive threats.

Rosamond Press

Stalking A Author

Everyone that knows me knows I am really into genealogies. So are ninety million other people. However, very few people have experienced the living hell I am still experiencing from Kim Haffner, and our neighbors she turned against me – in order to destroy me!

A couple of weeks ago, my new neighbor told me she was not taking sides in the feud Kim and I are having. She moved in six months ago and right away she remained distant, even avoided me. I figured Haffner had done her evil gossip nummber on her. How unfair and diabolical. This mother has enough problems then to be dragged into the snake pit Haffner has created, she drawing in five other neighbors. This woman has been deprived of her peace of mind and the enjoyment of her new home. She has children to raise. She has never heard my…

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Wave WARNING!

“It was a full moon weekend with lots of tidal action. A friend told
me that five other people were swept out to sea ( from California’s
north coast) over the same period. We went to look for shells and
tide pool creatures. Christine was sure the tide was going out. Did
she know what lay a head?”

The above was published in the Pinecone. Vicki Presco is recalling what happened to John Detro, a freelance report. My surviving sister is saying our sister VOICED an opinion that she was SURE the tide was going out. Why did this subject come up? Why is Christine – the go to person for tidal facts? Did she look at vital statistics? Did Christine study the level of the water for a half hour or more? Vicki had been in the Navy. Her son was in the Airforce. If there is some DOUBT- why put the life of a child at risk?

Two miles from Drew Benton’s home, there is a world famous tide-pool park – with park rangers helping watch over the children. There was a big party planned – that was disappeared from this and other reports. Why? Who was invited? Why didn’t anyone else TALK – but Vicki? John was at the gathering in Christine’s home the next day. I was kept away. It was supposed to be a fundraiser for the funeral. It was not. They lied!

Who wants the truth? Two months before Christine was swept off the rocks at Rocky Point, two fishermen were swept off rocks near Rocky Point. Scroll down for that report. Did Christine see this on the news? How about Allan Fox who owned they house where my sister was invited to. All I asked, is why did my sister go to this very dangerous place – with her eight year old daughter – knowing how dangerous it is? Vicki told me Christine was extra cautious with Drew around water. She told me she would not let Drew near a lake. Was Drew afraid of the ocean – like her mother?

Rosamond Press

Christine lived in the Carmel area for over twenty years. Being deathly afraid of large waves – she had many nightmares about them – she must have zeroed in on how she would, could survive if she ever found herself in, or near, what she feared the most. My sister knew, that when there was a strong wind – the waves were higher! One of the rescue people who lives on a cliff overlooking the sea, said;

“When I got up, I saw white caps to the horizon!”

Her is Shamus saying it was “windy” on one of my yahoo chat-groups. All the women in my family get/got cold easily. I was not told Vicki was dead – till ten days later! Why? I was not told – she was dying! Why? Because, people on death’s door – make a confession!

I lost all my family, and all our friends…

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The Bohemian House of Orange

William Barr contends there exist a secular anti-Christian conspiracy to do away with the Moral Norm. The holy wars between the Catholics and Protestant make up much of Western History, and, emptied the treasuries of great kingdoms. Is this what the United Stares needs right now, on top of the new Civil War Trump is stirring up,

https://en.wikipedia.org/wiki/European_wars_of_religion

The only incident of a war against the Catholics mixed with American history is the persecution of the Order of Saint Francis that fled Bismark’s Kulturkamf, and, the Orange Lodge of Canada opposing Papal influence. I called for a New Reformation and the coming together of these two groups to fight the rise of the Christian-right that is appealing to neo-Nazis and Confederates.

If any Catholic group is found to be behind Trump’s Good Squad, there will be hell to pay.  I will see to it Orange Parades march in every city these Papal Troops bivouac. Then….here come the German Turners!

John Presco

https://rosamondpress.com/2012/04/01/bennett-rosamond-grand-master-of-orange-order/

https://rosamondpress.com/2016/03/04/eric-tharvaldson-of-wienekeland-2/

https://rosamondpress.com/2014/02/05/23076/

https://rosamondpress.com/2018/04/30/call-me-blue/

https://rosamondpress.com/2019/04/28/the-red-hand-of-bond-2/

https://rosamondpress.com/2018/09/05/the-red-hand-of-bond/

https://rosamondpress.com/2019/01/22/victorias-crazy-ass-parade/

https://rosamondpress.com/2019/01/22/victorias-crazy-ass-parade/

Woodvale Road 12 July 2013 5)

 

https://nypost.com/2020/07/19/portland-official-slams-mayor-claims-goon-squad-targets-protesters/

https://www.youtube.com/watch?v=vEHpehlgEIU

https://www.youtube.com/watch?v=naK7EZRezj8

https://www.youtube.com/watch?v=upiU6uBS91M

https://www.youtube.com/watch?v=TwDV1C5UZvM

Rosamond Press

Elizabeth Stuart of Bohemia, the ‘Winter Queen’

Protestant King, James of Scotland, of the House of Stewart, was threatened by the Catholic House of Habsburg, so he looked for an ally in Europe. He chose the Bohemians who had begun the Reformation, with John Huss. Now, many Protestants were following John Calvin. Calvinism was all the rage! James wed his daughter to Frederick who would hold the title ‘King of Bohemia’. Elizabeth is the ‘Queen of Bohemia’.

I found one dude who scoffed at the idea that the Bohemian, Antoinette Erasmus, would marry John Wilson of Scotland where she and her family dwelt. Here is the idea of a British-Bohemian Union almost two hundred years before Elizabeth made her wedding vows to a royal whose mother was of the House of Bourbon and Orange. Holland, Bohemia, Scotland-Britain, are allied with Calvinist France, that would produce the Huguenots. This was going…

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Belle Burch and Lawrence Chazen

Why didn’t Belle Burch ask me to become a member of SLEEPS after I showed her select posts from Royal Rosamond Press? This is a huge question, being she had read the articles about her lovers and compatriots in the OCCUPY Eugene newspaper. The article on the Mortgage Meltdown asked readers to participate. I am certain that I showed Belle my posts on Lawrence Chazen. When I asked her to be my co-author, she declined in two seconds. Why didn’t she ask for details?

There is one answer that fits all. SLEEPS read much of my blog, saw we had much in common, but they winced at my display of Biblical knowlege, and they idea I was a prophet after John and Jesus, but, not their idea of Jesus and the ideas my evangelical neighbors have. Belle was in training as a Wiccan. Ambrose was – too! Wiccans reject Jesus and the Bible because they have created a beautiful magical alternative – that OPPOSES Christians – because they OPPOSE them. This is a Dumb Duality that creates Illusion and Ignorance. When both sides read that – they teamed up to destroy me. Declaring I am insane and need to be locked up – did not work! I had a treasure trove of information – and genealogies! If I was on the H-Team could WE have prevented the election of Donald Trump?

I showed Belle the pictures of me at OCCUPY Eugene meeting dressed as Santa Claus. The Mortgage meltdown – BEGOT SLEEPS! I told Belle I am trying to save Rosamond’s legacy from Chazen and others. Their newspaper asked those who have been victimized by banks to come forth. Why didn’t Belle say; “You are The Perfect Victim we have been searching for. You have really been crucified by BIG BANKERS and BIG MONEY!”

For one thing, Belle would fall into my shadow, as would the others. I suspect Belle was going to be their Poster Girl – that they may run for office. This is the greatest betrayal and oppression of a Bohemian Writer and Artist – in history! All my contact with SLEEPS – is real history!

I am going to compose a paper asking that all the attorneys for SLEEPS be disbarred. They sued the City homed people elected in order to keep the homeless VISIBLE…so good Christian citizens will obey the tenants of their religious upbringing – and dig deep into their wallets! They conspired with Christian churches – and the State – and never once consulted the tax-paying citizens. They applied Guilt&Shame – while they practiced the Wiccan religion. Not once is the normal pubic consulted, or, the Wiccan community asked to dig deep into their pockets. Why? Because they are Wiccan Marxists. They want a revolution where their cult comes out on top. What else is new!

John Presco ‘The Seer Wizard’

https://rosamondpress.com/2018/11/16/alley-valkyrie-sells-her-words/

Click to access JanFebdraft-2.pdf

 

Lawrence Chazen Was Friend of Gordon Getty

 

Here is an amazing account of the fight Gordon Getty had over his family legacy. I am sure Garth and Christine Rosamond Benton had inside information. I believe assets were hidden from the IRS. I suspect monies were covertly invested in California real-estate. Chazen was a partner in the first Rosamond gallery. They suspected I had become a close confident of my late sister again. This is why they posthumously destroyed both of us. Look at all the Oil Company lawyers! Did Robert Brevoort Buck know what was going on?

http://articles.latimes.com/1987-05-17/magazine/tm-348_1_getty-museum

My father described his private lender as the “Right-hand man of Gordon Getty”. Garth Benton was described as a “friend of Chazen and Gordon Getty”.  In the book, ‘The Taking of Getty Oil’  by Steve Coll, Laurence Chazen is described as a “friend and financial advisor in San Francisco”. Here he is at the reopening of the Rosamond Gallery, an event I was not invited to. Chazen is a partners in PlumbJack, and was my father’s private lender. Chazen and Vic, suggested they hook they hook Christine and Garth up. A date was arranged. Here is my letter from the office of Andrew Cuomo;

https://rosamondpress.com/2013/02/13/my-letter-to-andrew-cuomo/

http://www.ornamentalist.net/2013/04/in-memoriam-garth-benton.html

Check this out: https://www.pressreader.com/usa/san-francisco-chronicle/20081207/281724085406770

https://rosamondpress.com/2015/02/18/charge-for-harm/

Gordon Getty, his family trust, Harold Williams, the Getty Museum, Sid Petersen and the directors of Getty Oil have all been named in derivative lawsuits filed by Texaco shareholders since the Pennzoil verdict. Because of the mind-boggling size of Pennzoil’s judgment, which forced Texaco into bankruptcy proceedings, the entire Getty fortune is at risk in the lawsuits. The suit filed by Seth Hufstedler challenging Gordon Getty’s trusteeship continues in Los Angeles probate court. Settlement talks have broken down because of the Pennzoil case. A trial may begin later this year.”

Here is a video that has a a labyrinth and statue that looks like Belle. This is war over art and a museum.

Jon Presco

https://books.google.com/books?id=sJuxDgAAQBAJ&pg=PT169&lpg=PT169&dq=lawrence+chazen+getty+oil&source=bl&ots=5peLF7FAGw&sig=ybLm9CUIhyf9UrReALFsN1HgO2U&hl=en&sa=X&ved=0ahUKEwiwo7bCopTVAhUU52MKHU3HBXsQ6AEIOzAD#v=onepage&q=lawrence%20chazen%20getty%20oil&f=false

http://articles.latimes.com/1997/dec/11/local/me-63048

Click to access 07-16172.pdf

IN RE RYAN

Bankruptcy Case No. 05-32933DM, Adversary Proceeding No. 05-3428DM

In re JOHN A. and DANIELLE T. RYAN, Chapter 11, Debtors. NICKLOS CIOLINO, et al., Plaintiffs, v. JOHN A. RYAN, et al., Defendants. E. LYNN SCHOENMANN, Plaintiff-in-Intervention, v. LAWRENCE CHAZEN, LAWRENCE J. CHAZEN REVOCABLE TRUST, WILLIAM STEWART, CRAIG JUDY, PATRICIA JUDY, LAWRENCE CAVALLINI, KATHY CAVALLINI and NICKLOS CIOLINO, et al., Defendants.

United States Bankruptcy Court, N. D. California.

October 29, 2008.


MEMORANDUM DECISION REGARDING MOTION FOR SUMMARY JUDGMENT

DENNIS MONTALI, Bankruptcy Judge.

Defendants Lawrence J. Chazen, individually and as trustee of the Lawrence J. Chazen Revocable Trust (collectively “Chazen”), move for summary judgment against Plaintiffs Nicklos Ciolino, Charles Ciolino, Daniel Delorenzi, Robert Aguilar, and Stephen

Daniele (collectively the “Ciolino Parties”) on their alleged independent claim for conspiracy/aiding and abetting against Chazen. Because there are no genuine issues of material fact in dispute, and Chazen is entitled to summary judgment as a matter of law, the Court hereby GRANTS Chazen’s motion.

I. FACTS1

This case has a long and contentious history. However, for the purposes of this motion, the Court briefly recites only the relevant facts. On January 28, 2005, the Ciolino Parties filed a First Amended Complaint to Set Aside or Annul Fraudulent Transfers and for Damages against several defendants, including Chazen, in the Superior Court of the State of California, County of San Mateo. The Ciolino Parties alleged that debtor John A. Ryan made a number of fraudulent transfers of his assets to the other defendants, and further asserted that all defendants, including Chazen, conspired and/or aided and abetted in the wrongful conduct to accomplish the transfers. After debtors John A. and Danielle T. Ryan (“Debtors”) filed their voluntary petition under Chapter 112 on September 7, 2005, the state court fraudulent transfer action was removed to this Court on October 4, 2005, commencing the instant adversary proceeding. The matter did not proceed beyond initial disclosures, and Ms. E. Lynn Schoenmann was appointed as Chapter 11 trustee (“Trustee”) of the Debtors’ bankruptcy estate on February 14, 2006.

On September 9, 2007, pursuant to Rule 7024, the Trustee filed a Motion and Complaint to Intervene in the adversary proceeding brought by the Ciolino Parties to recover or avoid the alleged fraudulent transfers by Debtors under section 544(b), and Cal. Civ. Code §§ 3439.04(A), 3439.04(B), and 3439.05. The Ciolino Parties were not named in the Trustee’s moving papers. This Court granted Trustee’s motion on October 17, 2007.

After the parties initially stated they would maintain a status quo while awaiting the result of another matter on appeal from this Court to the Ninth Circuit, Chazen apparently changed course and filed a Motion for Summary Judgment on August 19, 2008. During certain discovery disputes, the Ciolino Parties maintained they hold a claim, independent from Intervener-Plaintiff Trustee, against Chazen for conspiracy/aiding and abetting of the fraudulent transfers. In the motion, Chazen asserted that the Ciolino Parties did not retain the conspiracy aspect of their fraudulent transfer claim because: (1) California law does not recognize conspiracy as an independent cause of action; and (2) there was no evidence of a conspiracy between Chazen and the Debtors. A hearing on Chazen’s motion was set for September 16, 2008.

Trustee filed a Rule 7056(f) motion on September 2, 2008, seeking additional discovery against Chazen and Debtor John Ryan, which served as a timely opposition to Chazen’s motion. This Court granted Trustee’s motion on September 12, 2008, and the summary judgment hearing was rescheduled for December 19, 2008.

The Ciolino Parties did not file a timely opposition to Chazen’s motion. On September 24, 2008, counsel for the Ciolino Parties filed a Declaration in Support of Joinder in Trustee’s 56(f) Motion, for Leave to File Opposition to Chazen’s Motion for Summary Judgment, and Request for Hearing on Chazen’s Motion for Summary Judgment on December 19, 2008. Chazen filed a Response to the declaration on September 25, 2008. Upon consideration of the pleadings filed by both parties, this Court denied the Ciolino Parties’ counsel’s declaration, and took under advisement whether as a matter of law Chazen was entitled to summary judgment on the Ciolino Parties’s claim for conspiracy/aiding and abetting.

II. ISSUE

Do the Ciolino Parties have an independent claim for conspiracy/aiding and abetting against Chazen?

III. DISCUSSION

A. Summary Judgment Standard

Summary judgment is properly granted when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Rule 7056(c).

B. Violation Of California’s Uniform Fraudulent Transfer Act Is Tortious Conduct Which Supports A Claim For Conspiracy or Aiding And Abetting.

Some jurisdictions hold that a violation of the fraudulent transfer law does not constitute an independent tort. Therefore, if civil conspiracy under state law requires an independent tort, then a conspiracy claim cannot be maintained in those jurisdictions where a violation of the fraudulent transfer laws does not constitute a tort. However, California courts have held that a fraudulent transfer is tortious conduct, and an act for which fellow conspirators can be held liable in connection therewith. Filip v. Bucurenciu, 129 Cal.App.4th 825, 837 (3d. Dist. 2005)(“In fraudulently transferring property, tortious conduct occurred.”); See In re B.L. Jennings, Inc., 373 B.R. 742 (Bankr. M.D. Fla. 2007)(violation of California’s Uniform Fraudulent Transfer Act is tortious conduct that will support a conspiracy claim, relying on Filip decision).

Here, in their state court action, the Ciolino Parties pled” Conspiracy/Aiding and Abetting.” California courts recognize that conspiracy and aiding and abetting are closely allied forms of liability. Janken v. GM Hughes Elec.s, 46 Cal.App.4th 55, 78 (2d. Dist. 1996)(“A conspiracy generally requires agreement plus an overt act causing damage. Aiding and abetting requires not agreement, but simply assistance. The common basis for liability for both conspiracy and aiding and abetting, however, is concerted wrongful action.”). Therefore, the Court treats the Ciolino Parties’ claim for conspiracy/aiding and abetting as one in the same.

C. California Law Does Not Recognize A Cause Of Action For Civil Conspiracy Or Aiding and Abetting.

Under California law, there is no separate and distinct tort cause of action for civil conspiracy. Allied Equip. Corp. v. Litton Saudi Arabia Ltd., 7 Cal.4th 503, 510-511 (1994). See Filip at 837 (under California law, civil conspiracy is not a cause of action but rather a theory of joint liability imposed on persons who, although not committing a tort themselves, share with the immediate tortfeasors a common plan or design in its perpetration); and see Wyatt v. Union Mortgage Co., 24 Cal.3d 773, 784 (1979)(holding same).

In other words, the gravamen or gist of the action for a civil conspiracy is not the conspiracy itself, but the underlying tort which, absent the conspiracy, would give rise to a right of action. Therefore, without the existence of an underlying tort, a claim for conspiracy or aiding and abetting cannot stand.

D. Because Trustee Succeeded To The Underlying Tort Of Fraudulent Transfer, The Ciolino Parties Have No Independent Claim for Conspiracy/Aiding And Abetting.

Where a trustee has been appointed, she or he assumes complete control of litigation concerning the bankruptcy estate. Meyer v. Fleming, 327 U.S. 161, 165-166 (1946)(trustee has the authority and discretion to initiate an action, pursue an action previously initiated, intervene, settle or dismiss).

Section 5443 commonly referred to as the “strong arm clause,” allows a trustee to prosecute fraudulent transfer actions under state law that could have been prosecuted by one of the debtor’s actual unsecured creditors.4 Although the Ciolino Parties are presumably the creditors with grounds to avoid the alleged fraudulent transfers against all defendants under California’s UFTA, the commencement of the bankruptcy case gave the Trustee the right under section 544(b) to pursue that action to the exclusion of all creditors. See In re Berg, 376 B.R. 303, 311 (Bankr. D. Kan. 2007)(citing In re Integrated Agri, Inc., 313 B.R. 419, 427 (Bankr. C.D. Ill. 2004); and see Matter of Leonard, 125 F.3d 543 (7th Cir. 1997)(creditor who filed a prepetition UFTA suit against defendant who then filed Chapter 7, which suit was removed to bankruptcy court by the Chapter 7 trustee, had no continuing rights or interest in the suit).

Therefore, once Debtors filed their petition, the Trustee stepped into the shoes of the Ciolino Parties and was given the exclusive power to avoid the allegedly fraudulent transfers under California law against the defendants.

Even though the Ciolino Parties are no longer asserting the fraudulent transfer action, they continue to maintain that they have an independent claim for conspiracy/aiding and abetting. They do not. Because the Trustee succeeded to the cause of action to avoid the allegedly fraudulent transfers under section 544(b) and Cal. Civ. Code § 3439 et. seq., there is no underlying tort to support the conspiracy/aiding and abetting claim. Without the underlying tort of fraudulent transfer, under California law the Ciolino Parties have no independent claim against defendant Chazen for a conspiracy to commit, or aid and abet in, the tortious act of fraudulent transfer. See Filip supra.

Accordingly, as a matter of law, the Ciolino Parties have no independent claim for conspiracy or aiding and abetting against defendant Chazen, and Chazen is entitled to summary judgment.5

IV. CONCLUSION

Therefore, based on the foregoing reasons, the Court GRANTS Chazen’s Motion for Summary Judgment. A separate Order to that effect is being issued concurrently with this Memorandum Decision.

FootNotes

1. The following discussion constitutes the court’s findings of fact and conclusions of law. Fed. R. Bankr. P. 7052(a).

2. Unless otherwise indicated, all chapter, section and rule references are to the Bankruptcy Code, 11 U.S.C. §§ 101-1330, and to the Federal Rules of Bankruptcy Procedure, Rules 1001-9037, as enacted and promulgated prior to the effective date of The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. 109-8, 119 Stat. 23.

3. Section 544(b)(1) provides in relevant part, “. . .[T]he trustee may avoid any transfer of an interest of the debtor in property . . . that is voidable under applicable law by a creditor holding an unsecured claim.”

4. To avoid the transfer from Debtors to the several defendants, Trustee relies on California’s Uniform Fraudulent Transfer Act (“UFTA”), the same statute invoked by the Ciolino Parties in their state court action.

5. Since Trustee is the proper party to avoid the allegedly fraudulent transfers, it would appear to follow that she too is the proper party to assert the related claim for conspiracy/aiding and abetting. Trustee has not alleged a claim for conspiracy or aiding and abetting. However, even if she had, Trustee lacks standing to assert such a claim. See In re Hamilton Taft & Co., 176 B.R. 895, 902 (Bankr. N.D. Cal. 1995) aff’d on other grounds, 114 F.3d 991 (9th Cir. 1997)(trustee is not authorized to pursue every action that creditors of the debtor might pursue, such as recover civil damages from those who conspire to transfer debtor’s property to hinder, delay, or defraud creditor; section 544(b) permits trustee only to avoid a fraudulent transfer, not to assert a claim for aiding and abetting a fraudulent transfer.

John A. Ryan after suffering losses in a fraudulent investment scheme
promoted by Ryan. Appellees obtained prejudgment writs of attachment against
Ryan’s primary asset, a house and parcel of land in Redwood City, California (the
“property”). Shortly after Appellees recorded their writs of attachment, Ryan
arranged for his friend, Lawrence Chazen, to record a deed of trust on the property.
Following a jury trial, Appellees obtained judgments against Ryan, which they
recorded as liens against the property. Ryan and his wife then filed for protection
under Chapter 11 of the Bankruptcy Code. The bankruptcy court held that some of
Appellees’ judgment liens related back to and merged with their prejudgment
attachment liens and therefore took priority over Chazen’s deed of trust. Chazen
and E. Lynn Schoenmann, the trustee for the debtors’ estate, (collectively
“Appellants”) appealed to the district court. The district court affirmed the finding
that Appellees’ liens were senior to Chazen’s deed, although it reversed the
determination of the amount that related back. Chazen v. Ciolino (In re Ryan), 369
B.R. 536 (N.D. Cal. 2007)

http://cdn.ca9.uscourts.gov/datastore/memoranda/2009/02/03/07-16172.pdf

 

https://www.gpo.gov/fdsys/pkg/USCOURTS-canb-3_05-ap-03450

 

http://www.leagle.com/decision/In%20BCO%2020081029694/IN%20RE%20RYAN

 

http://www.electiontrack.com/lookup.php?committee=1375287

 

Lawrence J. Chazen’s Biography


Mr. Chazen has served since 1977 as Chief Executive Officer of Lawrence J. Chazen, Inc., a California registered investment adviser engaged in providing financial advisory services. Mr. Chazen brings to our Board a strong financial background, knowledge of the drilling industry and a history with the Company as a director for over 15 years.

Source: Noble Corporation plc on 03/11/2013

 

https://relationshipscience.com/lawrence-j-chazen-p3225070

 

https://www.sec.gov/litigation/complaints/complr17581.htm

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Capturing Rosamond and The Elderly

My friend, Raquel Toney, made me aware that Boris has a plan to put everyone seventy and older in strict wartime quarantine. Raquel is a direct descendant of Fair Rosamond, or Joan Clifford, who King Henry put in a Labyrinth to protect her from his wife, Queen Eleanor. This is the ZARDOZ prophecy – come true!

The story of Fair Rosamond is a archetypal legend that permeates much of English Literature. The Rosey Story may be the – only survivor of British Culture. Boris is the Wizard of Oz, who bid Britania to withdraw from the European Union. Now, as the Pied Piper, he leads The Seventy along the Yellow Brick Road to the Vortex of Oz, where he says they will be safe. But, as they are bundled along, many protest. They do not want to be segregated in a Senior Apartheid.  They want to die in their role as the Sustainers of British Culture. If they are disappeared – England dies!

One woman amongst The Sheep, complains the loudest.

“I am only fifty! There is a big mistake!”

But, Boris does not care to hear her. Then, this Fair Maiden has an epiphany. She sees who he is

wiZARD of OZ

Are we looking at the euthanasia of the elderly, a mass human sacrifice order to allow the young and healthy can come out and play Sex and Money Games? If the world does not go back t work, then tax monies to sustain our social safety net, will dry up. This is a Catch 22.

Elizabeth Rosemond Taylor and her family were moved to the U.S. during the war in order to be safe. Many young people hate history – with a passion! The elderly are living history books. I suggest they build a safe labyrinth so the greedy young can not get to us.

John Presco

https://www.express.co.uk/news/uk/1255370/coronavirus-uk-elderly-boris-johnson-robert-peston-covid-19-coronavirus-latest-news

https://rosamondpress.com/2019/08/12/praise-be-to-zardoz/

https://en.wikipedia.org/wiki/Rosamund_Clifford

https://muse.jhu.edu/article/210436

https://www.poetrynook.com/poem/complaint-rosamond

 

Coronavirus UK: Boris to impose FOUR-MONTH quarantine for elderly under ‘wartime’ measures

BORIS JOHNSON will instruct everyone over the aged of 70 to stay in strict isolation for four-months as part of new measures to curb the spread of coronavirus, according to reports.

The Government is set to mobilise “wartime-style” efforts in the next five to 20 days, including plans to isolate the elderly for four months, ITV’s political editor Robert Peston reports. As part of the new measures to help limit the impact of coronavirus, all people in Britain aged over 70 will be instructed to stay in strict isolation at home or in care homes for four months. Other measures being planned included the forced requisitioning of hotels, private hospitals and other buildings as temporary hospitals.

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President And Model of France

I posted this May 7, 2012

Rosamond Press

“The election of Francois Hollande in France gives the leaders of struggling southern European countries a new ally in their effort to temper the German-led drive for rigid austerity that has exacerbated their economic woes.”

World History will look back and ask;

“Did any prophet or seer, see it coming?”

I warned my Senator, Congressman, the Attorney General of California, and the executor of Rosamond’s artistic estate, that a disaster was in the works in regards to Loan Sharking and the Illusion Making that surrounded Christine who used fashion photos for the images that made her famous. She captured other people’s images of Beauty. This secret was exposed by Tom Snyder, the ghost writer that Stacey Pierrot hired who tried to get me tp sign an exclusive rights contract that would have forbidden me to write about their Rose of the World that was sold to Pierrot by Sydney Morris…

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