2018-00234657-CU-OR

Loretta Dillon vs. Angela Carleton

Nature of Proceeding: Hearing on Petition for Order Striking and Releasing Lien filed 6/13/2018

Filed By: Dillon, Loretta

Petition for Order Striking and Releasing Lien filed June 13, 2018 is granted.

To the extent that the “motion to dismiss” filed by defendants on July 18 is construed as an opposition to the petition, it appears Respondents did not serve the document on the petitioner as there is no proof of service. The documents filed by respondents are therefore not being considered. Moreover, there is no legal basis set forth in the documents that would constitute a valid opposition to the petition. Therefore, the Petition is granted.

Petitioner has filed a petition for Order Striking and Releasing Lien or Other Encumbrance on Property of Public Officer or Employee pursuant to CCP §§765.010-765.060.

CCP 765.010 provides in pertinent part:

(b) A person shall not file or record, or direct another to file or record, a lawsuit, lien, or other encumbrance, including a notice of lis pendens, against another person or entity knowing it is false, with the intent to harass the person or entity or to influence or hinder the person in discharging his or her official duties if the person is a public officer or employee.

(c) (1) A person or entity whose property is subject to a lien or encumbrance in violation of this section may petition the superior court of the county in which the person or entity resides or in which the property is located for an order, which may be granted ex parte, directing the lien or other encumbrance claimant to appear at a hearing before the court and show cause why the lien or other encumbrance should not be stricken and other relief provided by this article should not be granted.

Petitioner herein is the Deputy Bureau Chief for the Bureau of Real Estate Appraisers (BREA), a state agency within the Department of Consumer Affairs. (Bus. & Prof Code, sec. 11301, subd. (a).) Petitioner has an interest in property on which a lien or encumbrance has been filed or recorded. The property description is as follows: the real property located at 3736 Willow Street, Sacramento, CA 95838 with the assessor’s parcel number of 252-0111-028 and the legal description of Lot: 5 Block: 17 E Del Paso Heights Add 01 in Sacramento County, California.

On May 25,2018, Petitioner received via an attachment to an email a copy of a UCC Financing Statement Document No.: 70202730002, Filing No.: 18-7649565243, Filing Date: 05/19/2018. As asserted in the petition, a true and correct copy of this UCC Filing Statement is attached as Exhibit A to the declaration of Loretta Dillon. The email attachment also contained a UCC Financing Statement Amendment, Document No.: 70229630002, Filing No.: 18-76497620, Filing Date: 05/21/18. Similarly, a true and correct copy of this UCC Financing Statement Amendment is attached as Exhibit B.

Respondents Deryl Zeleny and Angela Carleton, also known as Angela Kim Carleton, filed the UCCs (Exs. A and B to the Declaration of Dillon) purportedly to perfect a security interest and effectuate a lien in the amount of $212,347.47 against Dillon’s real property located at 3736 Willow Street, Sacramento, California 95838 with the assessor’s parcel number of 252-0111 -028 and the legal description of Lot: 5 Block:

17 E Del Paso Heights Add 01 in Sacramento County, California, based on “invoices,” “copyright violations,” “breach of contract” and an “instrument.” (Ex. A at p. 1, #4; Ex. B at #la.)

Petitioner states that the documents are false and that there is no contractual or other relationship that would give Respondents a security interest or lien against her assets or property in the amount of $212,347.47, or any amount whatsoever.

As recited in the Petition, Angela Carleton is a former BREA licensee. BREA began investigating Carleton in 2017 for possible violations of Real Estate Appraiser Law. Carleton refused to provide required documents and there is evidence provided she failed to meet minimum standards of conduct when appraising property. (Bus. & Prof Code, §§ 11319 and 11328.) BREA has submitted its findings to the Office of the Attorney General for preparation of an accusation against Carleton to revoke her license.

CCP 765.030 provides “If the court determines that the lien or other encumbrance is in violation of Section 765.010, the court shall issue an order striking and releasing the lien or other encumbrance and may award costs and reasonable attorney’s fees to the petitioner to be paid by the lien or other encumbrance claimant.”

The Court determines that the lien was filed in violation of CCP 765.010 and hereby orders that the lien be stricken. Attorneys fees are awarded in the requested amount of $1,317.50, to be paid by respondent Angela Carleton. (Declaration of Jill Bowers) CCP 765.030)

Pursuant to CCP 765.040, “[a]ny lien or encumbrance claimant who records or files, or directs another to record or file, a lawsuit, lien, or other encumbrance in violation of Section 765.010 shall be liable to the person subject to the lawsuit or the owner of the property bound by the lien or other encumbrance for a civil penalty of up to five thousand dollars ($5,000).” (emphasis added) Petitioner requests a $10,000 penalty because both respondents have an involvement in filing the lien, Angela Carleton as the claimant, and her “attorney in fact” as the “name of contact” listed on the UCC Financing Statement. However, absent any authority that the court can award double the amount of the maximum penalty because two individuals were involved in the same lien, the court is limiting the penalty to $5,000, to be paid jointly and severally by Angela Carleton and Deryl Zeleny.

The documents, including the “Motion to Dismiss” filed by defendants are for the most part incomprehensible, were not served on the Petitioner, and do not address the issues presented by the petition; therefore the petition is granted.

The prevailing party shall prepare a formal order for the Court’s signature pursuant to C.R.C. 3.1312.

Lawzilla Additional Information:
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Lawzilla received this email from Deryl Zeleny at akc_trust@charter.net

“You have recently uploaded information on this website regarding the respondents. http://lawzilla.com/blog/loretta-dillon-vs-angela-carleton/ This is the first Notice of a Copyright Infringement. You do not have permission to use the Copyrighted Names without a copyright license agreement. If you wish to contract, a fee of $50,000 for each and every use of the name will be billed to your organization. Proof of the copyrights are located here. https://www.ic.gc.ca/app/opic-cipo/cpyrghts/dsplySrch.do?cancelButton=Back+to+search&lang=eng
If we do not receive proof of removal of the article within 10 business days, an initial invoice of $100,000 USD will be sent to your organization with subsequent invoices each week the article appears.”

Deryl Zelany claims a Canada copyright in his name. Perhaps Deryl Zeleny should send a bill to the Sacramento Superior Court for using his name in a court order. Ironically, it appears from the above court order that Deryl Zeleny allegedly filed a fake lien against property claiming “copyright violation” and other issues. In the tentative ruling the court sanctioned Deryl Zeleny $5000. From a review of online court records it appears the tentative ruling became a final ruling and a judgment was entered against Deryl Zeleny for $5000.

It is also worth noting that the California Attorney General of the Department of Justice represented the petitioner in filing the action against Deryl Zeleny.