Grand larceny charge
Larceny is defined as the unlawful or fraudulent removal of another's property without the owner's consent. California Penal Code, Section 484, states: Every person (and a Corporation is for all intents and purposes a natural person) who shall:
(1) feloniously steal, take, carry, lead, or drive away the personal property of another;
or
(2) fraudulently appropriate property that has been entrusted to him or her;
or
(3) knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property is guilty of larceny, now commonly referred to as theft.
If the property is a value over $400, it is considered grand larceny, or grand theft.
On June 16, outspoken tenant advocate, Erin Baldwin was unexpectedly and forcibly evicted from her UDR apartment after receiving a written promise from Kelli Beltran (Orange County Superior Court Operations Director), that the eviction would be stayed until their meeting scheduled for June 23 to discuss the suspicious and unorthodox court proceedings of three back-to-back unlawful detainer actions brought against Baldwin by UDR (in a period of 6 months) all of which were in retaliation for initiating a class-action lawsuit against UDR.
In reliance of Beltran's promise, Baldwin was not packed nor had a reason to believe that an eviction would take place that day or ever. Regardless, she was evicted with her 2 dogs and whatever property she could quickly remove and was told by the sheriff she had 15 days to return to the unit to collect her property. From that moment to June 19, UDR maintained 24/7 surveillance of her apartment by four security guards prohibiting access to the unit by anyone including Baldwin.
On June 19, UDR leasing staff entered the unit carrying a video recorder, packed, removed all of Baldwin's personal property, claiming it was abandoned property. Villa Venetia's Property Manager, Melissa Hurtado, signed a Notice of Right to Reclaim Abandoned Personal Property [California Civil Code 1984] on that date although the property was not abandoned, rather stolen by UDR.
Baldwin never received the Notice due to the fact that she was homeless. She sent 3 separate emails to Tracy Saffos, UDR Regional Director copying onsite leasing staff and UDR executives in Colorado requesting the whereabouts of her property with zero response. Finally, a response came by way of UDR's unlawful detainer attorney, Cynthia S. Poer. See the series of emails from her as they attempt to extort money out of Baldwin for stealing her property.
Extortion charge
According to the California Penal Code, Sections 518-527, "Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right." (518).
"Fear, such as will constitute extortion, may be induced by a threat, either:
1. To do an unlawful injury to the person or property of the individual threatened or of a
third person;
2. To accuse the individual threatened, or any relative of his, or member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace or crime; or,
4. To expose any secret affecting him or them." (519).
First email dated July 16 wherein Attorney Cynthia Poer defers all communications directly to UDR Corporate in Colorado, although the UDR leasing office had directed Baldwin to Brisco & Associates (Cynthia Poer's boss, Todd A. Brisco).
Subject: Abandoned Personal Property
From: "Cynthia Poer" [email protected]
Date: Thu, Jul 16 5:04 pm
To:
Ms. Baldwin,
Your reply email regarding your personal belongings was forwarded to my attention. Our staff tried to be helpful and politely provide you answers to your questions. Your response was entirely inappropriate. Our staff will no longer accept your calls or respond to your emails. If you have relevant questions, you may direct them to me.
With regard to your property, you have been provided will all the information we have at this time regarding the location of your personal belongings. Pursuant to California Civil Code section 1988, as indicated in the notice, our client may now proceed to sale. If you are able to pay the total applicable storage fees and costs prior to date of sale along with any costs associated with the advertisement of sale, you will be permitted to retrieve your belongings. The property and its disposition are being handled by UDR Villa Venetia Apartments, LP. Your business is with them. Should you be unable to obtain reasonable information from them regarding the status of your belongings, you may direct your questions in a professional manner to me. I will do what I can to answer them. Any inappropriate or rude emails will not be answered.
Cynthia S. Poer, Esq.
Associate Attorney
Todd A. Brisco & Associates, APC
1900 South State College Boulevard, Suite 505
Anaheim, CA 92806
Telephone: (714) 634-2814
Facsimile: (714) 634-0662
Email: [email protected]
~ ~ ~ ~ ~
Second email (also copied to the top brass at UDR) where in she begins to throw around the amount of money UDR is hoping to extort from Baldwin:
Subject: Abandoned Personal Property
From: "Cynthia Poer" [email protected]
Date: Fri, Jul 17 10:56 am
To: [email protected]
Cc: "'Thomas Toomey'", "'Mark Culwell'", "'Mark Wallis'", "'David Messenger'", "'Richard Giannotti'" [email protected]
Ms. Baldwin,
The current total amount due in order for you to reclaim your property is $1502.09. That figure is comprised of $262.09 for packing materials, $1,040.00 for moving costs, and $200.00 first months rent for 4 vaults ($50/mo.) That $200.00 rental amount is charged in full at the beginning of the rental month and is not prorated for partial month storage. The initial $200.00 covers rent through close of business tomorrow, July 18.
If you can provide payment in the form of a certified check (not a money order or any other form of payment), made payable to UDR Villa Venetia Apartments, L.P., and deliver the check to UDR Villa Venetia Apartments, L.P. (hereinafter "Villa Venetia") by 1:45 today, you will be granted access to the units today. You will have until close of business tomorrow to reclaim your belongings without incurring any additional rent charges. I've requested that time for your information. As soon as I am advised of the closing time of the storage facility, I will email it to you. If any items are left behind, the storage unit (s) will be re-locked. If the remaining items are deemed to be of less than $300 in value, they will be discarded. If deemed to be more than $300 in value, you may reclaim the additional items upon payment of the additional rent. If you delay in reclaiming the additional items and Villa Venetia incurs any charges for advertisement or preparation for auction, you will need to include those additional charges before you will be granted access to your belongings. That balance can be provided at your request in the event that all items are not removed by tomorrow.
All correspondence sent to you following the termination of your tenancy has been sent via certified mail to any and all address previously provided to Villa Venetia. Villa Venetia does not have a current address for you. Should you require hard copies of any documents, please provide an address to which they should be sent. Should you need additional information, you may submit your request to me via email.
Cynthia S. Poer, Esq.
Associate Attorney
Todd A. Brisco & Associates, APC
1900 South State College Boulevard, Suite 505
Anaheim, CA 92806
Telephone: (714) 634-2814
Facsimile: (714) 634-0662
Email: [email protected]
~ ~ ~ ~ ~
Third email (also copied to the top brass at UDR) where in Cynthia Poer retracts the amount of money UDR wishes to extort from Baldwin and says Given that my original discussions regarding the property required payment today, I wanted to alert you to the change. I will have the additional information for you shortly. More fear.
Subject: Abandoned Personal Property
From: "Cynthia Poer" [email protected]
Date: Fri, Jul 17 11:14 am
To: [email protected]
Cc: "'Thomas Toomey'", "'Mark Culwell'", "'Mark Wallis'", "'David Messenger'", "'Richard Giannotti'" [email protected]
Ms. Baldwin,
I've just been provided with revised information on the storage unit and the process entailed in you reclaiming your belongings. The charge for the second month of storage was applied July 1. Thus, to date, your revised storage costs are $200 instead of $400. On the plus side, however, you are paid through the end of July and therefore do not have to rush to get everything out by tomorrow. There are also additional fees associated with the removal of your property. I will forward the additional fees and details momentarily. Given that my original discussions regarding the property required payment today, I wanted to alert you to the change. I will have the additional information for you shortly.
Cynthia S. Poer, Esq.
Associate Attorney
Todd A. Brisco & Associates, APC
1900 South State College Boulevard, Suite 505
Anaheim, CA 92806
Telephone: (714) 634-2814
Facsimile: (714) 634-0662
Email: [email protected]
~ ~ ~ ~ ~
Fourth email (leaves off the top brass at UDR so they can deny involvement) where in Cynthia Poer increases the amount UDR wishes to extort from Baldwin by $600.00 from $1,502.09 to $2,102.09.
Subject: Abandoned Personal Property
From: "Cynthia Poer" [email protected]
Date: Mon, Jul 20 5:38 pm
To: [email protected]
Cc: "'Thomas Toomey'", "'Mark Culwell'", "'Mark Wallis'", "'David Messenger'", "'Richard Giannotti'" [email protected]
Ms. Baldwin,
The total amount that will need to be paid by you in advance in certified funds to secure the release of your personal property currently being held in storage is $2,102.09. This figure will remain unchanged through July 31. The charges breakdown as follows:
$ 262.09 for packing materials
$1,040.00 for moving costs
$ 200.00 June rent
$ 200.00 July rent
$ 300.00 Labor to retrieve, verify inventory, and stage items for claim
($75/hr, minimum 4 hours)
$ 100.00 Labor for Villa Venetia management representative to remain
throughout process/verify & sign off inventory
$2,102.09
Effective August 1, an additional $200 will be charged for August rent. Monthly rent is not prorated.
In addition, a tentative auction date of August 18 has been scheduled. As of August 4, publication of the auction date, time and location will begin. You will continue to have the opportunity to reclaim your belongings any time up until date of auction. You will, however, be responsible for any additional costs for advertising or auction preparation once that process begins.
You will also need to provide your own truck to remove your belongings, and labor to load them onto your truck.
Should you be able to procure funds sufficient to satisfy the above charges, please advise when you will make payment and available dates for property removal so that schedules may be coordinated.
Please advise if you have questions pertinent to this process.
Cynthia S. Poer, Esq.
Associate Attorney
Todd A. Brisco & Associates, APC
1900 South State College Boulevard, Suite 505
Anaheim, CA 92806
Telephone: (714) 634-2814
Facsimile: (714) 634-0662
Email: [email protected]
~ ~ ~ ~ ~
Fifth email (leaves off the top brass at UDR so they can deny involvement) wherein UDR decides that extortion may not be such a good idea after all except Poer states: This is a limited time offer. Additional rent charges will be assessed on August 1. Therefore, you must pick up your property by July 31.
Subject: RE: Offer Regarding Personal Property
From: "Cynthia Poer" [email protected]
Date: Fri, Jul 24 8:17 am
To: [email protected]
July 23
VIA EMAIL
[email protected]
Erin Baldwin
Re: personal property
Dear Ms. Baldwin,
At the request of our client, and in the interest of putting an end to this matter, UDR Villa Venetia Apartments, L.P. Has informed us that they are willing to waive the storage fees and costs incurred to date and offer you the opportunity to claim your personal belongings before any more costs are incurred or parties become involved. This is a limited time offer. Additional rent charges will be assessed on August 1. Therefore, you must pick up your property by July 31.
You will still be responsible for providing your own truck (s) to remove your belongings, and for providing your own labor to load your belongings on to your truck (s). UDR Villa Venetia Apartments, L.P. Will pay all storage facility personnel charges for the staging and inventory verification of your property.
In the interest of protecting all parties from further legal action over the property, the storage facility requires that a management representative from UDR Villa Venetia Apartments, L.P. Be present to sign off on each item as it is released. UDR Villa Venetia Apartments, L.P.in turn will request that you sign off on each item as it is released to you.in order to coordinate management schedules and to book labor time with the storage facility, we request that you provide no less than 72 hours notice of the date on which you wish to pick up your property.
Should you choose to decline this offer, all charges will be reinstated effective August 1. Further, UDR Villa Venetia Apartments, L.P. Will proceed forward with advertisement and auction of your property, as is their legal right pursuant to California Civil Code 1988. You will, pursuant to law, still have the option to claim all of your property up until the date of auction upon full payment of all costs incurred. You also have the right, pursuant to law, to attend the auction and bid on the property as it comes up for sale.
Please advise this office should you choose to accept this offer. If no response is received by 5:00 P.M., Monday, July 27, it will be assumed that you have waived this option.
If you have any questions regarding the above, please contact this office.
Very Truly Yours,
Todd a. Brisco & associates, apc
Cynthia S. Poer, Esq.
/csp
Cynthia S. Poer, Esq.
Associate Attorney
Todd A. Brisco & Associates, APC
1900 South State College Boulevard, Suite 505
Anaheim, CA 92806
Telephone: (714) 634-2814
Facsimile: (714) 634-0662
Email: [email protected]
~ ~ ~ ~ ~
Sixth email is Baldwin's response:
Subject: RE: Offer Regarding Personal Property
From: [email protected]
Date: Mon, Jul 27 12:50 pm
To: [email protected], "Thomas Toomey", "Mark Culwell", "Mark Wallis", "David Messenger", "Brisco Associates", "Daniel Coor", "Matt Akin", "Tom Spangler", "Villa 8243", "Warren Troupe", [email protected]
July 27 - 12:49 P.M.
Re: Your "Offer" Regarding My Personal Property
This is not an offer; it's just another UDR attempt to waive its liability for its unlawful actions. It's pretty amusing though, I'll give you that. My favorite part is "This is a limited time offer." What are you guys, Radio Shack?
The facts are:
1. You illegally evicted me and I was told by Sheriff TJ Young that I had 15 days to collect my property.
2. The moment I was locked out, UDR placed round-the-clock security guards at my apartment for three days to prevent me from collecting my personal property.
3. The third day after my illegal eviction, UDR seized everything I own except that which I was able to remove from my apartment as I was being evicted and videotaped the entire process (witnessed by neighbors).
4. UDR moved my personal property off site and did not inform me of its whereabouts.
5. UDR went through my personal property to extract and destroy any documents I may have left behind that could be legally damaging to them in the pending class-action lawsuit.
6. I requested the whereabouts of my personal property 3 times from Tracy Saffos (copying UDR executives) with no response from her or anyone else for that matter. The fact that you mailed me something is just retarded. I was homeless and you had changed the mailbox lock. Why didn't Tracy Saffos return my emails and let me know that something had been mailed to me instead of just ignoring my attempts for information? Did you just need more time to go through my personal property?
7. I finally called the Leasing Office at Villa Venetia and was told they didn't know where my personal property was and that I needed to contact Todd Brisco's office even though Melissa Hurtado signed the Notice of Right to Reclaim Abandoned Personal Property on June 19 on the date my property was seized. On the face of that document was the address of the location where my property allegedly was being stored. So, how could it be that no one in the office knew where my stuff was?
8. I called Todd Brisco's office and spoke with Daniel Coor who also told me he didn't know where my personal property was being held and that he needed to call corporate offices to find out. However, the "Notice of Right to Reclaim Abandoned Personal Property" was prepared by the law office and hence, they most certainly had the information.
9. I was then emailed the Notice with a nasty note from Cynthia Poer reprimanding me on my impolite telephone etiquette.
10. My personal property was never abandoned as clearly stated above. I repeatedly asked Ms. Poer to look up the legal definition of "abandoned property" which she failed to do. Rather, she emailed me that UDR had done everything properly and that I would have to pay ~$1500 to get back the property "I had abandoned" which was actually stolen by UDR.
11. Then magically before my eyes the fees UDR claimed I owed went from $1500 to $2200 to reclaim my abandoned property that was actually stolen by UDR.
12. Then the following email arrived (see my comments in red italicized copy):
At the request of our client, and in the interest of putting an end to this matter, UDR Villa Venetia Apartments, L.P. Has informed us that they are willing to waive the storage fees and costs incurred to date and offer you the opportunity to claim your personal belongings before any more costs are incurred or parties become involved.
"At the interest of putting an end to this matter, " what matter is that? The matter surrounding the fact that you stole my property and illegally kept it from me despite repeated attempts by me to find its whereabouts?
"Offer you the opportunity to claim your personal belongings, " after you have ransacked my personal belongings and held it from me for over a month? Thank you for the "opportunity" to reclaim what has always been mine, never was yours, and it is now obvious to me that you know you broke the law otherwise you would not be making this "offer." There is no big surprise here.
Additional rent charges will be assessed on August 1. Therefore, you must pick up your property by July 31. You will still be responsible for providing your own truck (s) to remove your belongings, and for providing your own labor to load your belongings on to your truck (s). UDR Villa Venetia Apartments, L.P. Will pay all storage facility personnel charges for the staging and inventory verification of your property.
All the above is just outright stupidity on your part. Why should I incur the cost of (1) a moving truck; (2) labor for movers; (3) and travel to Orange to pick up what you should never have taken in the first place? And how dare you threaten me with a deadline and additional fees.
In the interest of protecting all parties from further legal action over the property, the storage facility requires that a management representative from UDR Villa Venetia Apartments, L.P. Be present to sign off on each item as it is released.
Let me tell you something, this "offer" could never protect you from breaking the law. Why would I need protection from further legal action? I was deprived of my property and was on the streets. What could you possibly pursue against ME legally? The delivery of my personal property back to me by UDR is by far the slightest issue you should be worried about legally. It's great evidence, however, to have gone through this process with UDR so I have all the documentation to back up the procedures you use in the event of an eviction.
UDR Villa Venetia Apartments, L.P.in turn will request that you sign off on each item as it is released to you.
Let me make sure I have this straight. I am supposed to be able to identify every single piece of personal property that was in my apartment that you illegally seized by UDR and sign off that I have reclaimed everything? Your "inventory list" is woefully inadequate. If you were forced out of your apartment and only took enough to carry, would YOU be able to verify that you had reclaimed ALL YOUR PERSONAL PROPERTY? I had two bedrooms, one bathroom, a living room, two closets, a filing cabinet, a kitchen, and a dining room full of property.
I would never sign a piece of paper letting you off the hook for ALL MY PERSONAL PROPERTY. Are you nuts?
In order to coordinate management schedules and to book labor time with the storage facility, we request that you provide no less than 72 hours notice of the date on which you wish to pick up your property. Should you choose to decline this offer, all charges will be reinstated effective August 1. Further, UDR Villa Venetia Apartments, L.P. Will proceed forward with advertisement and auction of your property, as is their legal right pursuant to California Civil Code 1988.
More threats. Very stupid on your part.
You will, pursuant to law, still have the option to claim all of your property up until the date of auction upon full payment of all costs incurred. You also have the right, pursuant to law, to attend the auction and bid on the property as it comes up for sale.
Thank God I have another option! To attend an auction where my personal property will be auctioned off because UDR stole it, kept it from me, and then tried to charge me $2200 to get it back. I'm so relieved that I can go and bid on property that is rightfully mine? Again, are you nuts?
Please advise this office should you choose to accept this offer. If no response is received by 5:00 P.M., Monday, July 27, it will be assumed that you have waived this option.
Do I have to say it? Your offer is rejected. Try again.
Erin Baldwin
~ ~ ~ ~ ~
While committing crimes against Baldwin and all California tenants — UDR is suing Baldwin for defamation.in order to serve her (since UDR evicted her and had no idea where she was) & UDR followed Baldwin on vacation. Not only that, but UDR shadows her friends she's visiting to church, to 12-step meetings, and even while her friend is showing houses to real estate clients. How do we know that? The process server/investigator was reported screaming it from the street in front of the house and throwing papers over the fence. Sick. Really sick. And this is how a $500 million publicly traded company handles itself? Wow.
Desperate people do desperate things and make no mistake about it UDR is desperate. They don't want the truth to come out. That could ruin them and their sanctimonious reputation. More about that later.
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