In June, 2015, my wife and I purchased a home that was listed by Utopia Management in the MLS. In our view, the listing contained knowingly inaccurate information that has caused us at least $52,000 in damages. We sent in a mediation request and were quickly called by Mr. Hawkes, attorney for Utopia Management. The following is an exchange of emails which expresses our frustration and disbelief at the actions of Utopia Management and the law firm, Blanchard, Krasner & French. Please note that the emails are in date order with most recent first.
We have filed a lawsuit with the hearing date of December 21, 2015 where we intend to prove our case.
We were warned by Utopia Management's agent about Utopia Management's "powerful team of impressive and commanding (four) attorneys." We understand the adversarial nature of lawsuits but feel strongly that this kind of deception by Utopia Management and the law firm is out of order when it comes to their requirements under the law.
Thank you for taking the time to read. We believe in this quote: The only thing necessary for the triumph of evil is for good men to do nothing.
Edmund Burke.
Re: BRE Accusation
October 8, 2015, 10:19 AM
From: David C.
To: Dhawkes@bkflaw.com
Mr. Hawkes,
Please note below emails. Mr. Hawkes, you stated the following:
- "Otherwise, I would like to share with you that the "BRE Accusation" against Utopia has already been investigated and resolved without any finding of wrongdoing."
- In response to my " H-04689 SD has been settled and that your clients were exonerated?, you replied, "Yes, BRE case no. H-4698 SD has been resolved without any determination of wrongdoing by Utopia."
- You stated, "My client is not overly concerned whether you believe them or not because it's an INDISPUTABLE FACT." Capitalization added.
- You stated, I'm cutting and pasting the relevant paragraph (paragraph 4) from the agreement between BRE and Utopia on the matter -"
- You stated the above in responses to my statement, "Certainly, if you can show that the above is true by paperwork, etc, then we will settle our case." It is my opinion that you deceived and lied about the above to force us into a settlement and I will request that the State Bar investigate this coercion and bullying.
- You deceived us by providing paragraph 4 to the settlement agreement as being the relevant paragraph. It is nothing more than the canned "deniability" clause you find in settlements. The RELEVANT paragraph is paragraph 7 that sets down the agreed upon violations and the fine.
I received, last night, the case file from the BRE and was appalled to find that you have, obviously, intentionally deceived us in the above manner and others.
I believe that the following code applies in this case and I will lay out all of what happened, provide the State Bar all emails and will ask them for their assistance in evaluating whether my opinion, beliefs and understanding of the law are correct:
B&P Code 6128(a). Every attorney is guilty of a misdemeanor who either:
(a) Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or ANY PARTY (capitalization added)
Mr. Hawkes, please do not contact us. We will let the State Bar decide.
I have 134 pages of the case including the accusation, the defense, the stipulated agreement and all the supporting documents to assist the State Bar in their determination.
I will let the California State Bar decide if you are guilty of the above code as well as others.
Thank you,
Dave C.
On Jul 22, 2015, at 12:47 PM, David Hawkes wrote:
Mr. Curry -
Yes, BRE case no. H-4698 SD has been resolved without any determination of wrongdoing by Utopia and the Accusation will soon be dismissed by the BRE. My client is not overly concerned whether you believe them or not because it's an indisputable fact. However, in good faith, I'm cutting and pasting the relevant paragraph (paragraph 4) from the agreement between BRE and Utopia on the matter -
Feel free to call should you wish to discuss.
Thanks,
David C. Hawkes, Esq.
Blanchard, Krasner & French
From: Dave C.
Sent: Wednesday, July 22, 2015 7:07 AM
To: David Hawkes
Subject: BRE Accusation
Mr. Hawkes,
The following statement in your email yesterday caused me to do a reevaluation of our case: "Otherwise, I would like to share with you that the "BRE Accusation" against Utopia has already been investigated and resolved without any finding of wrongdoing."
Are you saying that the BRE filing against Utopia Management, Inc and Robert Allen Schlesier, Case Number H-04689 SD has been settled and that your clients were exonerated?
Certainly, if you can show that the above is true by paperwork, etc, then we will settle our casa.
Thank you,
David C. read more