“The Lock Out was performed knowingly, willfully, intentionally, and maliciously by King, Stoh, Axberg, Dorris, Mehlman, and Keystone.”
Beaumont’s multiple Claims and Lawsuits can be found on the City’s website under ‘City Clerk/Public Record Request/Bingham 20/22/17.
#6 Hupp vs City of Beaumont and Board
#6 Hupp vs City, Solera, Keystone Pacific Property Management, Dennis Rice, Richard Crowe, Judith Paige McWilliams, Patricia King, Gary Stoh, Kathy Axberg, John Dorris, Steven Mehlman, Timothy Taylor, Samuel Rojas, Jack Huntsman
RIC 1512779
Filed: 10/22/2015
Damages Exceeding $100,000
37. “The wait to gain entry as a guest can exceed 30 minutes.”
39. “… a ‘pattern and practice’ of Defendants, was executed under the color of authority, statues, ordinances, regulations, laws, customs, training, policy, and usages of Solera and Keystone, by virtue of, and under, authority of California law.”
40. “That the claims against Defendants are part of a ‘pattern and practice’ of Defendants, were performed knowingly, willfully, intentionally, negligently, maliciously, in violation of the rights of Plaintiffs.”
41. “On or around the last three (3) months of 2014 Solera adopted a new rule to their Covenants, Conditions, and Restricted which require ‘Pitt Bulls’ to be ‘muzzled’ when they are walked on the common areas of Solera.”
42. “The rule, verbatim, is as follows;
“in order to maintain a safe and enjoyable community, Pit Bulls and Pit Bull Mixes, (the breed of dog that was designated by the Center of Disease Control as the most “dangerous” dog) must be muzzled when in the common area or on the streets in the community.”
43. “There is no ‘Center of Disease Control’ in the United States.”
44. “There is a ‘Centers for Disease Control and Prevention’ which is the leading national public health institute of the United States.
45. The CDC has never ‘designated’ any dog ‘as the most “dangerous” dog’.”
46. Solera’s claim that the ‘Pitt Bull’ is the most “dangerous’ dog as determined by a non-existent entity is patently false, arbitrary, and capricious.”
60. “Plaintiffs continue to walk their dogs daily inside Solera without a muzzle; as they had the previous 10 years without incident.”
69. “On April 23, 2015, Solera imposed a $200 fine on Hupp for walking her dogs in violation of the arbitrary, capricious, and unlawful PB Muzzle Rule.”
71. “On August 5, 2015, at or around 8:11 am, Plaintiffs emailed a letter to Axberg, Dorris, and Mehlman regarding a ‘discipline’ hearing that was scheduled for 10:00 am that day regarding Plaintiff’s alleged violation of the PB Muzzle Rule; stating that it was unlawful and Plaintiffs were going to take legal action regarding it against Solera in September, 2015.”
72. “Neither Axberg, Dorris, or Mehlman responded in any manner whatsoever, as with all previous communications with Solera Board Members.”
73. “On August 10, 2015, without notice or warning to Plaintiff, Solera shut down Plaintiff’s RFID gate remote controls so Plaintiffs could not enter the Solera property through ANY of the five resident gates.”
74. “This was non-judicial action taken by King, Stoh, Axberg, Dorris, Mehlman, and Keystone.”
75. “Solera had locked Plaintiffs out of the property unless they went through the ‘guest gate’, which frequently had numerous cars waiting in the line; and a waiting period that could exceed 30 minutes.”
76. “ Solera CC&R’s do not allow a Lock Out action.”
81. “The Lock Out was performed knowingly, willfully, intentionally, and maliciously by King, Stoh, Axberg, Dorris, Mehlman, and Keystone.”
99. “On August 10, 2015, without prior notice, Solera and Board suspended Plaintiff’s member privileges. This included, but was not limited to 1) banning from clubhouse; 2) swimming pool; 3) pool tables; 4) guy; 5) ‘Bridge Club”; 6) ‘Scrabble Club”; 7) participation in outings and trips off property. And last but most importantly Solera turned off Plaintiffs RFI D remote control gate entry access to the five Solera resident gate entries.”
100. “Plaintiffs pay a monthly fee of $185 per each of Huff’s two Solera properties for a total of $370 per month to have the use of these facilities..”
101. “The Lock Out is still in effect as of the date of the filing of this Compliant.”