REIT UDR's Injunction Against CA Journalist is to Be Reviewed By Supreme Court
Posted in the REIT Forum
#1 Sep 13, 2012
On September 24, 2012, the U.S. Supreme Court Will Consider a CA Journalist's Petition for Relief from Injunctions That Prevented Her From Warning CA Tenants and Consumers About Fraud Against Them
The Court will consider whether two state court injunctions, one on behalf of UDR, Inc., and the other ex-loan modification scam, Parsa Law Group are unconstitutional prior restraints and issued against Baldwin in 2009 solely to prevent her from publishing reports and organizing unified petitions for redress on behalf of:
1. California consumers in foreclosure vulnerable to unlawful loan modification business practices of attorney members of the State Bar; realtor/mortgage members of the DRE; and officials from both who failed to intervene to prevent said fraud by its members; and
2. California tenants unaware of the illegal clauses contained in the California residential lease agreements of UDR, Inc.
The Court will also consider Baldwin's plea for restitution to consumers and tenants defrauded because the state court injunctions deprived them of her warnings.
In 2009, Baldwin announced her intention to spearhead a unified petition for redress in the form of a class action lawsuit against UDR, Inc. This lawsuit was to include intentional fraud by UDR against its tenants since UDR entered the California marketplace in 2004.
The violations of California law that formed the causes of action against UDR included:
a. early lease termination penalties as liquidated damages in violation of California Civil Code §1671;
b. excessive late fees in violation of California Civil Code §3302,§1671, and California Court of Appeal precedent;
c. illegal profits from a ratio utility billing system in violation of California Public Utilities Commission regulations prohibiting non-utilities from “selling” energy and water; and
d. illegally defers on-premises injury liability to its tenants via “hold harmless” clauses in violation of California Civil Code §1668.
e.… among many others.
UDR earns thirty-two percent (32%) of its revenue from its California portfolio as a direct result of the aforementioned fraud. It then uses this revenue to its advantage to (a) fund the growth of the balance of its national portfolio; (b) meet its obligation as a REIT to distribute 90% of its taxable income back to investors; and (c) directly benefits though a significant reduction in corporate taxes.
After Baldwin announced these unified petitions for redress, parties involved began to deliberately interfere in her ability to associate, communicate, assemble with others similarly situated, and organize these petitions.
This led to unlawful search and seizure of Baldwin's personal property three times in two years including the entire contents of her apartment three days after UDR performed a retaliatory eviction; the entire contents of her storage unit (with the assistance of former Public Storage board member and UDR associate, Robert J. Abernethy); and all her property from Big Bear including her two beloved rescue dogs whom she never saw again.
Items seized included nearly 400 files containing confidential information of tenants interested in participating in the class action lawsuit against UDR.
.... See entire press release and supporting documents here:
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