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The dirty tricks of North River Farms

L.A.'s Sutton Law Firm hires private eye to go after Oceanside signature gatherers

Those signature gatherers in front of Home Depot or Ralph’s are usually in it for the money. They might get $3 to $5 per signature. They may or may not care much about the point of the petition.

But what if you’re a homeowner who volunteers to gather signatures? You’re doing it for the cause, not the money. In Oceanside, two petition gatherers who wanted to get the controversial North River Farms development on the ballot for an up-or-down decision by the public, are now facing thousands of dollars in untold legal fees to defend themselves. They are getting sued by Integral Communities, the developer of that 585-home development in the South Morro Hills area of North Oceanside. The lawsuit claims the gatherers used fraud and misrepresentation.

The lawsuit claims the gatherers used fraud and misrepresentation.

Two local women who gathered signatures were mentioned by name in the lawsuit filed last month. And now a private investigator is going door to door to Oceanside homes to interview more local signature gatherers, possibly to get them added to the lawsuit.

“I want to know how they even found out who we were and where we lived,” said one person contacted but who did not want to be identified out of fear of legal retribution. “They either want to sue us as well or they are simply do this to intimidate us…We are telling anyone who is approached by this man to not say anything except, ‘Please, get off my property.’”

Police speak to signature gatherer outside Frazier Farms.

That investigator who visited Oceanside homes was Edward Beyer of TransWest Investigations, Inc. of Los Angeles. He contacted at least six people allegedly connected with the North River Farms development referendum. “He had a whole list of people he was going to see,” said one person contacted. Beyer indicated that he was working for the Sutton Law Firm of Los Angeles, the firm that is representing Integral and that drafted and filed the lawsuit.

Emailed questions to Beyer were not returned. A request for comment to Bradley Hertz of Sutton Law Firm was not returned.

Some 80 locals volunteered to get over 12,500 signatures. The county registrar’s office is verifying their validity. If at least 9,609 signatures are deemed valid, the citizens of Oceanside will vote on the North River Farms development in November.

One Fallbrook-area resident who has tangled with the Sutton Law Firm, says that he is not surprised it hired a private investigator to visit volunteer referendum signature gatherers at their homes.

The man who said he could not speak on the record, says that Sutton Law filed a lawsuit against the citizens who opposed 2016’s Measure B which sought to allow the 1746-home Lilac Hills Ranch development in Valley Center. He says Sutton was funded by Lilac Hills Ranch developer Ranch Capital. Sutton sued over the wording of 16 different statements in the anti-Measure B ballot statement. “They got the judge to agree to two minor changes in wording,” says the Fallbrook man. Measure B ended up being rejected; 64 percent voted against it. But then Sutton/Ranch Capital sued over the legal fees. “It was purely malicious. They do things like this just to deplete the treasury of their opponent. After many months they decided to drop their claim for attorney fees.”

The man says that Sutton sued the SOS group (Safeguard Our San Diego Countryside) in 2018 over Measure A which appears on the March 3 ballot. “This was over a minor financial report disclosure. It was settled out of court for $16,500. It was a bargain. It would have been a lot more had it gone to court. All this litigation is just about taking the wind out of our sails.” He says he suspects that it was the San Diego BIA (Building Industry Association) who paid Sutton for the Measure A litigation.

“Sutton is known for handling these cases which are called ‘risky maneuvers,’ ” says the Fallbrook resident. “They call it risky because they aren’t likely to hold up in court.”

Was the BIA San Diego behind the recent SOS/Measure A lawsuit? Michael McSweeney who handles North County legal affairs for the BIA of San Diego says any questions about the recent Measure A lawsuit would need to answered by fellow BIA employee Matt Adams or his boss President Borre Winckle. Neither responded to a request for comment.

Two local women who gathered signatures, Arleen Hammerschmidt and Kathryn Carbone were mentioned by name in the North River Farms lawsuit filed last month. Hammerschmidt declined to comment for this article. Carbonne’s comment: “Our signature gatherers did nothing wrong. This developer is trying to stall us in exercising our constitutional right to free speech as well as our right to referendum under California law.” She says the Sutton/Integral lawsuit will not stop her. “I’m here to safeguard the community and protect the environment, and I plan to keep doing these two things going forward.”

Two different PACs have been set up to help the defense, Save Our Farmland and Let Oceanside Vote.

The lawsuit filed by Integral/Sutton Law Firm against the signature gatherers claims forgery was used in the gathering of its 12,500 signatures. Oceanside Mayor Peter Weiss was one of three councilmembers who voted to approve the North River Farms project in November. In January Weiss claimed at a city council meeting that his name was forged on the North River Farms petition. He later apologized when it was discovered that a different Oceanside voter also named Peter Weiss signed it lawfully. “I sent the mayor a cease-and-desist notice the day after he said it, and he apologized publicly at the next meeting,” says Carbone.

A call to Integral spokeswoman Mindy Wright requesting comment was not returned.

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Comments
11

Every time a developer tries to build anything the NIMBY's fight it adding thousands of dollars to each unit. While development should be carefully vetted it does not serve the public to sue and delay every project regardless of the merit. I ignore all off the nut bags outside of grocery stores and in the malls be they political or religious.

Feb. 5, 2020

Alex, these people are not "nut bags" at all. They don't feel like having another piece of badly designed development shoved into their city, aided and abetted by the city council. (Of the five votes on the council, two are appointees, and one of those is the mayor.) Then there's the councilman who was very open and loud in his support for the development, even before it came before the council. These folks have a legitimate objection to the design and the way it has been pushed.

The developer now seems to be getting desperate, seeing the approval slipping away, along with all the bucks it spent getting it this far along. The suits may intimidate a few people, but they may also backfire on the developer. If it does go that way, it would serve them right.

Feb. 5, 2020

Just to be clear, the person talking to the police in one photo and the guy to the right in the next photo were NOT signature gatherers for our Referendum petition. They were "blockers" that were hired by the developer to disrupt our signature gathering and harass us. The one talking to the police came up to me and spent several minutes just yelling nonsense at me, and then took off. He came again a day or two later and again got in my face, made false statements, and harassed me. I never saw him with a petition -- he seemed to be brought in only to intimidate and harass. Note the brochures in the hand of the guy on the right in the final photo -- those were the North River "Farms" propaganda pieces they were handing out against our petition effort.

Feb. 5, 2020

Alex, you need to check your facts before you express knee-jerk opinions. The people who oppose North River Farms support the high density residential area that is going to be built next to the Sprinter Crouch station! That is the kind of development our city needs. It will (hopefully) be affordable, which NRF will not be. It is close to public transportation so it will save pollution, which NRF will encourage. There is no public transportation near where they are going to try to build NRF! So there will be significantly more vehicular traffic on an already jammed Hwy 76. It took 2 hours to evacuate people in the path of the Lilac Fire...which came very close to where they want to build more kindling. It will take significantly longer if houses are where that buffer area is now. Please think about what development is good for the city and what is bad. Unless you work in the building trade, real estate sales, or some industry where you will personally benefit from growth on the agricultural land, you should oppose this project. Frankly, I hope you'll oppose it for the public good even if you do expect to make money from it.

Feb. 5, 2020

Excellent reporting. Sounds like these citizens need to get a good anti-SLAPP attorney. And given how they have coordinated their dirty tricks, the whole cabal of Sutton lawyers and their clients should be charged for racketeering.

Feb. 5, 2020

True, but who will do the charging? Our DA? The defendants should not have to pay an attorney to keep thugs off their backs. But I suppose the system works that way now.

Feb. 5, 2020

Visdah & pinkyr: My statement was general but I get the point and stand corrected. Still it does seem that every proposed project faces expensive delays due to some group or another opposed the project.

Feb. 6, 2020

Also, not mentioned was that this horror of a development has been reviewed over several years and iterations by the Planning Commission and Planning Department staff and was rejected by each of them three times! It violates our General Plan and our Climate Action Plan on several counts (e.g., requirements for "smart growth" and preserving agricultural land specifically in S. Morro Hills). Also, public comments ran about 2:1 against it at every hearing. This is a bad development in the wrong place, pushed on us by a bully of a developer who uses unethical tactics and money to get their way. They obviously stand to make 10's or 100's of millions of $, or else they wouldn't be willing to spend so much fighting us. And yet three of our City Councilpeople went along with this developer... Does anyone else smell corruption?

Feb. 6, 2020

Just FYI, to follow up on Cassander, SLAPP stands for Strategic Litigation Against Public Participation - In other words. lawsuits meant to make people shut up. It's a powerful defense that specifically mentions petitioning and under many conditions, people can and do have their attorney fees paid when they have to defend themselves against lawsuits meant to make them shut up and go away.

The First Amendment Coalition has resources for people facing SLAPP attacks, and the courts are generally pretty good about recognizing them. Start here:

http://www.casp.net/california-anti-slapp-first-amendment-law-resources/first-amendment-organizations-and-resources/ or here: FirstAmendmentCoalition.org.

Feb. 7, 2020

BTW, great story, Ken.

Feb. 7, 2020
This comment was removed by the site staff for violation of the usage agreement.
March 7, 2020

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80 locals volunteered to get over 12,500 signatures.
80 locals volunteered to get over 12,500 signatures.

Those signature gatherers in front of Home Depot or Ralph’s are usually in it for the money. They might get $3 to $5 per signature. They may or may not care much about the point of the petition.

But what if you’re a homeowner who volunteers to gather signatures? You’re doing it for the cause, not the money. In Oceanside, two petition gatherers who wanted to get the controversial North River Farms development on the ballot for an up-or-down decision by the public, are now facing thousands of dollars in untold legal fees to defend themselves. They are getting sued by Integral Communities, the developer of that 585-home development in the South Morro Hills area of North Oceanside. The lawsuit claims the gatherers used fraud and misrepresentation.

The lawsuit claims the gatherers used fraud and misrepresentation.

Two local women who gathered signatures were mentioned by name in the lawsuit filed last month. And now a private investigator is going door to door to Oceanside homes to interview more local signature gatherers, possibly to get them added to the lawsuit.

“I want to know how they even found out who we were and where we lived,” said one person contacted but who did not want to be identified out of fear of legal retribution. “They either want to sue us as well or they are simply do this to intimidate us…We are telling anyone who is approached by this man to not say anything except, ‘Please, get off my property.’”

Police speak to signature gatherer outside Frazier Farms.

That investigator who visited Oceanside homes was Edward Beyer of TransWest Investigations, Inc. of Los Angeles. He contacted at least six people allegedly connected with the North River Farms development referendum. “He had a whole list of people he was going to see,” said one person contacted. Beyer indicated that he was working for the Sutton Law Firm of Los Angeles, the firm that is representing Integral and that drafted and filed the lawsuit.

Emailed questions to Beyer were not returned. A request for comment to Bradley Hertz of Sutton Law Firm was not returned.

Some 80 locals volunteered to get over 12,500 signatures. The county registrar’s office is verifying their validity. If at least 9,609 signatures are deemed valid, the citizens of Oceanside will vote on the North River Farms development in November.

One Fallbrook-area resident who has tangled with the Sutton Law Firm, says that he is not surprised it hired a private investigator to visit volunteer referendum signature gatherers at their homes.

The man who said he could not speak on the record, says that Sutton Law filed a lawsuit against the citizens who opposed 2016’s Measure B which sought to allow the 1746-home Lilac Hills Ranch development in Valley Center. He says Sutton was funded by Lilac Hills Ranch developer Ranch Capital. Sutton sued over the wording of 16 different statements in the anti-Measure B ballot statement. “They got the judge to agree to two minor changes in wording,” says the Fallbrook man. Measure B ended up being rejected; 64 percent voted against it. But then Sutton/Ranch Capital sued over the legal fees. “It was purely malicious. They do things like this just to deplete the treasury of their opponent. After many months they decided to drop their claim for attorney fees.”

The man says that Sutton sued the SOS group (Safeguard Our San Diego Countryside) in 2018 over Measure A which appears on the March 3 ballot. “This was over a minor financial report disclosure. It was settled out of court for $16,500. It was a bargain. It would have been a lot more had it gone to court. All this litigation is just about taking the wind out of our sails.” He says he suspects that it was the San Diego BIA (Building Industry Association) who paid Sutton for the Measure A litigation.

“Sutton is known for handling these cases which are called ‘risky maneuvers,’ ” says the Fallbrook resident. “They call it risky because they aren’t likely to hold up in court.”

Was the BIA San Diego behind the recent SOS/Measure A lawsuit? Michael McSweeney who handles North County legal affairs for the BIA of San Diego says any questions about the recent Measure A lawsuit would need to answered by fellow BIA employee Matt Adams or his boss President Borre Winckle. Neither responded to a request for comment.

Two local women who gathered signatures, Arleen Hammerschmidt and Kathryn Carbone were mentioned by name in the North River Farms lawsuit filed last month. Hammerschmidt declined to comment for this article. Carbonne’s comment: “Our signature gatherers did nothing wrong. This developer is trying to stall us in exercising our constitutional right to free speech as well as our right to referendum under California law.” She says the Sutton/Integral lawsuit will not stop her. “I’m here to safeguard the community and protect the environment, and I plan to keep doing these two things going forward.”

Two different PACs have been set up to help the defense, Save Our Farmland and Let Oceanside Vote.

The lawsuit filed by Integral/Sutton Law Firm against the signature gatherers claims forgery was used in the gathering of its 12,500 signatures. Oceanside Mayor Peter Weiss was one of three councilmembers who voted to approve the North River Farms project in November. In January Weiss claimed at a city council meeting that his name was forged on the North River Farms petition. He later apologized when it was discovered that a different Oceanside voter also named Peter Weiss signed it lawfully. “I sent the mayor a cease-and-desist notice the day after he said it, and he apologized publicly at the next meeting,” says Carbone.

A call to Integral spokeswoman Mindy Wright requesting comment was not returned.

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Comments
11

Every time a developer tries to build anything the NIMBY's fight it adding thousands of dollars to each unit. While development should be carefully vetted it does not serve the public to sue and delay every project regardless of the merit. I ignore all off the nut bags outside of grocery stores and in the malls be they political or religious.

Feb. 5, 2020

Alex, these people are not "nut bags" at all. They don't feel like having another piece of badly designed development shoved into their city, aided and abetted by the city council. (Of the five votes on the council, two are appointees, and one of those is the mayor.) Then there's the councilman who was very open and loud in his support for the development, even before it came before the council. These folks have a legitimate objection to the design and the way it has been pushed.

The developer now seems to be getting desperate, seeing the approval slipping away, along with all the bucks it spent getting it this far along. The suits may intimidate a few people, but they may also backfire on the developer. If it does go that way, it would serve them right.

Feb. 5, 2020

Just to be clear, the person talking to the police in one photo and the guy to the right in the next photo were NOT signature gatherers for our Referendum petition. They were "blockers" that were hired by the developer to disrupt our signature gathering and harass us. The one talking to the police came up to me and spent several minutes just yelling nonsense at me, and then took off. He came again a day or two later and again got in my face, made false statements, and harassed me. I never saw him with a petition -- he seemed to be brought in only to intimidate and harass. Note the brochures in the hand of the guy on the right in the final photo -- those were the North River "Farms" propaganda pieces they were handing out against our petition effort.

Feb. 5, 2020

Alex, you need to check your facts before you express knee-jerk opinions. The people who oppose North River Farms support the high density residential area that is going to be built next to the Sprinter Crouch station! That is the kind of development our city needs. It will (hopefully) be affordable, which NRF will not be. It is close to public transportation so it will save pollution, which NRF will encourage. There is no public transportation near where they are going to try to build NRF! So there will be significantly more vehicular traffic on an already jammed Hwy 76. It took 2 hours to evacuate people in the path of the Lilac Fire...which came very close to where they want to build more kindling. It will take significantly longer if houses are where that buffer area is now. Please think about what development is good for the city and what is bad. Unless you work in the building trade, real estate sales, or some industry where you will personally benefit from growth on the agricultural land, you should oppose this project. Frankly, I hope you'll oppose it for the public good even if you do expect to make money from it.

Feb. 5, 2020

Excellent reporting. Sounds like these citizens need to get a good anti-SLAPP attorney. And given how they have coordinated their dirty tricks, the whole cabal of Sutton lawyers and their clients should be charged for racketeering.

Feb. 5, 2020

True, but who will do the charging? Our DA? The defendants should not have to pay an attorney to keep thugs off their backs. But I suppose the system works that way now.

Feb. 5, 2020

Visdah & pinkyr: My statement was general but I get the point and stand corrected. Still it does seem that every proposed project faces expensive delays due to some group or another opposed the project.

Feb. 6, 2020

Also, not mentioned was that this horror of a development has been reviewed over several years and iterations by the Planning Commission and Planning Department staff and was rejected by each of them three times! It violates our General Plan and our Climate Action Plan on several counts (e.g., requirements for "smart growth" and preserving agricultural land specifically in S. Morro Hills). Also, public comments ran about 2:1 against it at every hearing. This is a bad development in the wrong place, pushed on us by a bully of a developer who uses unethical tactics and money to get their way. They obviously stand to make 10's or 100's of millions of $, or else they wouldn't be willing to spend so much fighting us. And yet three of our City Councilpeople went along with this developer... Does anyone else smell corruption?

Feb. 6, 2020

Just FYI, to follow up on Cassander, SLAPP stands for Strategic Litigation Against Public Participation - In other words. lawsuits meant to make people shut up. It's a powerful defense that specifically mentions petitioning and under many conditions, people can and do have their attorney fees paid when they have to defend themselves against lawsuits meant to make them shut up and go away.

The First Amendment Coalition has resources for people facing SLAPP attacks, and the courts are generally pretty good about recognizing them. Start here:

http://www.casp.net/california-anti-slapp-first-amendment-law-resources/first-amendment-organizations-and-resources/ or here: FirstAmendmentCoalition.org.

Feb. 7, 2020

BTW, great story, Ken.

Feb. 7, 2020
This comment was removed by the site staff for violation of the usage agreement.
March 7, 2020

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