FROM: CARY-ANDREW CRITTENDEN

TO:

- Ms. Jane C. Shandler, U.S. Dept. of Housing and Urban Development.

(SAN FRANCISCO, CALIFORNIA REGION 9)

- HUD, Office of General Counsel. - HUD, Office of Inspector General.

RE: HUD INQUIRY: 345092 (YAUMAN VS. MARKHAM PLAZA APARTMENTS / EAH HOUSING INC.) JOINDER RE: DEFENDENTS: COUNTY OF SANTA CLARA (PUBLIC GUARDIAN / COUNTY COUNSEL) AND SUPERIOR COURT JUDGE: SOCRATES MANOUKIAN.
Cary-Andrew Crittenden on behalf of Ms. Heidi Yauman. 12/30/2012

FORMAL REQUEST TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO RECONSIDER DISPOSITION OF INACTION PERTAINING TO ALLEGED VIOLATIONS OF FAIR HOUSING ACT BY GOVERNMENT OFFICIALS.
CC: U.S. Dept. of Justice Civil Rights Division, California Attorney Generals Office Bureau of Medi-Cal Fraud and Elder Abuse, Detective Dennis Brookins - Santa Clara County District Attorneys Office, Yara Ruiz SCS Court investigator, George Abel PDO, D.F.E.H. (Senior Staff), California Dept. of Consumer Affairs Fiduciary Bureau, (Michael Finney, Dan Noyes, Jim ODonnell - ABC NEWS), Linda Kincaid, NASGA, National Alliance of HUD Tenants, Ca. Judicial Council, Ca. State Bar, Admin. Office of the Courts, A.B.A.G.

Ms. Jane C. Shandler, U.S. Dept. of Housing and Urban Development | HUD General Counsel | HUD - Office of Inspector General. RE: HUD INQUIRY: 345092 (YAUMAN VS. MARKHAM PLAZA APARTMENTS / EAH HOUSING INC.) JOINDER RE: DEFENDENTS: COUNTY OF SANTA CLARA (PUBLIC GUARDIAN / COUNTY COUNSEL) AND SUPERIOR COURT JUDGE: SOCRATES MANOUKIAN.

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Ms. Jane C. Shandler. U.S. Dept. of Housing and Urban Development. 600 Harrison St. 3rd Floor, San Francisco, CA. 94107

U.S. Dept. of Housing and Urban Development. Office of the Inspector General, 451 7th Street, S.W., Washington, DC 20410

U.S. Dept. of Housing and Urban Development. Office of the General Counsel, 451 7th Street, S.W., Washington, DC 20410

Dear Ms. Shandler,

(OCG & OIG)

January 30th, 2012

Thank you for your recent follow-up on December 13th 2012 regarding Ms. Heidi Yaumans complaint against Markham Plaza Apartments, 2000/2010 Monterey Road, San Jose, California. 95112 (Inquiry: 345092) Although we are most grateful that this case is finally back on track after disappearing for quite some time from the radar screen over the Santa Clara County Triangle, I have serious concerns about HUDs disposition in relation to the involvement of the Santa Clara County Public Guardian, County Counsel, and Superior Court Judge Socrates Manoukian, who presided over this unlawful detainer case: 1-12-CV226958 with shameful and reckless impropriety. You had told me on 12/13/12 that HUD would be unable to take action against the Public Guardian, County Counsel or Judge Socrates Manoukian, and that action taken by HUD would be exclusively focused on Markham Plaza Apartments. I kindly ask that you please double check HUDs Policy/Procedure pertaining to enforcement action against other government agencies, and please reconsider this decision as I believe that whoever may have directed this decision may have done so in error. As requested by Congress, The National Academy of Public Administration was assigned the task of evaluating methods for monitoring and improving HUD-Assisted housing programs. The final report of this study was published in February, 2001, and among other key findings, the panel determined that HUDs monitoring and oversight role was an essential core function that could not be delegated to others. After many hours of research, I have been unable to find anything within any of HUDs operational handbooks, agency policy/procedure, the National Archives, Federal Register, U.S.C. TITLES: 5, 42 or elsewhere indicative of any such prohibition preventing HUD from taking action against government agents/agencies, but to the contrary I have reviewed cases where HUD has

HUD INQUIRY: 345092

UD CASE NO: 1-12-CV226958

PROBATE: 1-94-PR-133513

Ms. Jane C. Shandler, U.S. Dept. of Housing and Urban Development | HUD General Counsel | HUD - Office of Inspector General. RE: HUD INQUIRY: 345092 (YAUMAN VS. MARKHAM PLAZA APARTMENTS / EAH HOUSING INC.) JOINDER RE: DEFENDENTS: COUNTY OF SANTA CLARA (PUBLIC GUARDIAN / COUNTY COUNSEL) AND SUPERIOR COURT JUDGE: SOCRATES MANOUKIAN.

indeed done so, and I suspect that in certain scenarios, HUD may be under obligation to do so pursuant to congressional mandate. Furthermore, I believe that if HUD disregards the influence of Santa Clara County Deputy Page | - 3 - Public Guardian: Arlene Peterson and other rogue elements, and proceeds by focusing this action exclusively on Markham Plaza Apartments / EAH Housing, then the other Checks and Balances would likely be rendered: Unchecked and Out of Balance. I believe it is imperative that the U.S. Dept. of Housing and Urban Development initiate appropriate action against the following Government Agents/Agencies, all of whom are alleged to have violated U.S.C. TITLE 423631, coupled with U.S.C TITLE 18241 and U.S.C TITLE 18242. I believe that their actions against Ms. Yauman were willful, wanton, reckless, intentional, malicious, and with aforethought.

Judge Socrates Manoukian The Santa Clara County Counsel, The Santa Clara County Public Guardian.
The table below features three probate court cases in Santa Clara County, California. It is

important to take into consideration that each of these cases involves alleged violations of Federal Statutes enforced by the HUD perpetrated by Arlene Peterson (aka: Arlene Claude).

CONSERVATEE: Grace G. Alaimo Lilly Scalia Heidi Yauman

PROBATE COURT CASE: 1-08-PR-164363 1-09-PR-166038 1-94-PR-133513

(SEE ALSO: OPEN LETTER TO SANTA CLARA COUNTY DEPUTY PUBLIC GUARDIAN ARLENE PETERSON PART 1 (December 18th, 2012) )

HUD INQUIRY: 345092

UD CASE NO: 1-12-CV226958

PROBATE: 1-94-PR-133513

Ms. Jane C. Shandler, U.S. Dept. of Housing and Urban Development | HUD General Counsel | HUD - Office of Inspector General. RE: HUD INQUIRY: 345092 (YAUMAN VS. MARKHAM PLAZA APARTMENTS / EAH HOUSING INC.) JOINDER RE: DEFENDENTS: COUNTY OF SANTA CLARA (PUBLIC GUARDIAN / COUNTY COUNSEL) AND SUPERIOR COURT JUDGE: SOCRATES MANOUKIAN.

Lilly Scalias story (Probate Court Case: 1-09-PR-166038) featured below on ABC 7 News has reference to HUDs taking action pertaining to this alleged reverse mortgage scheme perpetrated by Government Officials from Santa Clara County Public Guardian. I will reemphasize that Page | - 4 - Deputy Public Guardian: Arlene Peterson had very direct involvement in the case featured

below:

CONSERVATORSHIP OF LILLY SCALIA - EPISODE 1: http://abclocal.go.com/kgo/story?section=news/iteam&id=8869360

CONSERVATORSHIP OF LILLY SCALIA - EPISODE 2: http://abclocal.go.com/kgo/story?section=news/iteam&id=8894416

Mr. Anthony Alaimo alleges that Santa Clara County Deputy Public Guardian: Arlene Peterson participated in causing an illegal eviction pertaining to the home of his mother: Conservatee: Grace G. Alaimo. The corresponding Probate Court Case number is: 1-08-PR-164363. Mr. Alaimo can be reached at 408-799-3198

The following Santa Clara County Government Officials also had direct involvement in the illegal eviction of Heidi Yauman from Markham Plaza Apartments. (Case Number: 1-12-CV226958)

Deputy County Counsel: Larry Kubo - (Ca. State Bar ID#: 99873) - Deputy Public Guardian: Bruce Thurman - Deputy Public Guardian: Rebecca Pizano-Torres
-

HUD INQUIRY: 345092

UD CASE NO: 1-12-CV226958

PROBATE: 1-94-PR-133513

Ms. Jane C. Shandler, U.S. Dept. of Housing and Urban Development | HUD General Counsel | HUD - Office of Inspector General. RE: HUD INQUIRY: 345092 (YAUMAN VS. MARKHAM PLAZA APARTMENTS / EAH HOUSING INC.) JOINDER RE: DEFENDENTS: COUNTY OF SANTA CLARA (PUBLIC GUARDIAN / COUNTY COUNSEL) AND SUPERIOR COURT JUDGE: SOCRATES MANOUKIAN.

Deputy Public Guardians: Rebecca Pizano-Torres, Bruce Thurman and Deputy County Counsel: Larry Kubo also were involved in the abuse of Conservatee: Gisela Riordan.
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Probate Court Case Number: 1-10-PR-166603

(Superior Court of Santa Clara County)

Contact: Linda Kincaid: 408-998-4642

Rebecca Pizano-Torres 1

Although the case of Gisela Riordan (1-10-PR-166603) may not fall under the Jurisdiction of the U.S. Department of Housing and Urban Development, I believe that it is still necessary to bring this case to HUDs attention because the illegal collaboration that occurred between Santa Clara County Government Officials and Villa Fontana pertaining to the deprivation of conservatees rights of Ms. Riordan, very much resembles the Public Guardians methods of collaboration with Markham Plaza Apartments pertaining to the deprivation of Ms. Yaumans Rights guaranteed to her under the Fair Housing Act. The Riordan Case also involves some of the same key players; thus qualifying as evidence supportive to Ms. Yaumans claim.
Gisela Riordans elder abuse case featured on ABC News: http://abclocal.go.com/kgo/story?section=news/iteam&id=8870462 Gisela Riordans elder abuse Case featured on YouTube: http://www.youtube.com/watch?v=5XEgnLCHqic
Elder abuse of Gisela Riordan by Santa Clara Co. Deputy Public Guardian Santa Clara County Board of Supervisors turns blind eye to elder abuse Santa Clara County public guardian allows mom a 15minute Mothers Day visit

Santa Clara County Counsel condones elder abuse by Public Guardian

Shameful elder abuse and neglect at Villa Fontana in San Jose, CA

HUD INQUIRY: 345092

UD CASE NO: 1-12-CV226958

PROBATE: 1-94-PR-133513

Ms. Jane C. Shandler, U.S. Dept. of Housing and Urban Development | HUD General Counsel | HUD - Office of Inspector General. RE: HUD INQUIRY: 345092 (YAUMAN VS. MARKHAM PLAZA APARTMENTS / EAH HOUSING INC.) JOINDER RE: DEFENDENTS: COUNTY OF SANTA CLARA (PUBLIC GUARDIAN / COUNTY COUNSEL) AND SUPERIOR COURT JUDGE: SOCRATES MANOUKIAN.

In conclusion, I formally request that the U.S. Department of Housing and Urban Development take action against all of the individuals / agencies involved in the Civil Rights Violations against Heidi Yauman. This also includes the role of Santa Clara County Public Guardian: Arlene Peterson and Deputy County Counsel: Larry Kubo pertaining to the deprivation Page | - 6 of Ms. Yaumans rights as guaranteed under the Americans with Disabilities Act. (Copies of this document will also be furnished to the U.S. Dept. of Justice, Civil Rights Division and Senior Staff of the California Dept. of Fair Housing and Employment.)

In addition to prosecution, I request that the following actions be taken:

The issuance of a Writ of Prohibition against the County of Santa Clara prohibiting their future engagement in any activities violating the Fair Housing Act and other relevant federal statutes. The issuance of an Injunction against the EAH Housing / Markham Plaza Apartments prohibiting their leasing out Ms. Yaumans unit at 2000 Monterey Road, Apartment #427, San Jose, California. 95112 to another tenant. (This rental unit was illegally seized) The issuance of a Writ of Mandate against the County of Santa Clara and EAH Housing / Markham Plaza Apartments to immediately reinstate Ms. Yaumans Tenancy at 2000 Monterey Road, Apt. #427, San Jose, California. 95112. (This rental unit was illegally seized) An investigation into the circumstances pertaining to the recent death of Markham Plaza Resident: Mr. Robert Moss. (2000 Monterey Road, Apt. #409, San Jose, California. 95112)

Thank you again for your time and consideration. Respectfully, Cary-Andrew Crittenden | 408-401-0023 Heidi Yauman | 408-493-6734

Signatures Electronically Affixed. CC: U.S. Dept. of Justice Civil Rights Division, California Attorney Generals Office Bureau of Medi-Cal Fraud and Elder Abuse, Detective Dennis Brookins - Santa Clara County District Attorneys Office, Yara Ruiz SCS Court investigator, George Abel PDO, D.F.E.H. (Senior Staff), California Dept. of Consumer Affairs Fiduciary Bureau, (Michael Finney, Dan Noyes, Jim ODonnell - ABC NEWS), Linda Kincaid, NASGA, National Alliance of HUD T enants Ca. Judicial Council, Ca. State Bar, Admin. Office of the Courts. A.B.A.G. HUD INQUIRY: 345092 UD CASE NO: 1-12-CV226958 PROBATE: 1-94-PR-133513

Ms. Jane C. Shandler, U.S. Dept. of Housing and Urban Development | HUD General Counsel | HUD - Office of Inspector General. RE: HUD INQUIRY: 345092 (YAUMAN VS. MARKHAM PLAZA APARTMENTS / EAH HOUSING INC.) JOINDER RE: DEFENDENTS: COUNTY OF SANTA CLARA (PUBLIC GUARDIAN / COUNTY COUNSEL) AND SUPERIOR COURT JUDGE: SOCRATES MANOUKIAN.

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Hollingshead v. United States, 85-2 USTC 9772 (5th Cir. 1985)

"The government waives its immunity when it violates one of its own statutes." Generally, a waiver is the intentional relinquishment of a known right, or conduct that warrants such an inference. It may be affected by words, acts, or conduct. Myers v. Kayhoe 391 Md. 188, 205, 892 A.2d 520 (2006)

"As a general rule, when rights of an individual are affected, an agency must follow its own procedureShould an agency violate its rules and prejudice results, proceedings are tainted and any action resulting from the proceedings cannot stand." - Borowski v. Heckler, 581 F. Supp 549

State v. Sutton MN 167, 65 NW 262, 30 LRA 630

When any court violates the clean and unambiguous language of the constitution, a fraud is perpetrated and no one is bound to obey it.

Wuest v. Wuest, 127 P2d 934, 937

A departure by a court from those recognized and established requirements of law, however close apparent adherence to mere form in the method of procedure, which has the effect of depriving one of a Constitutional right , is an excess of jurisdiction

Merritt v. Hunter C.A. KS. 170, F2d 739

Where a court failed to observe safeguards, it amounts to denial of due process of law; court is deprived of juris

CC: U.S. Dept. of Justice Civil Rights Division, California Attorney Generals Office Bureau of Medi-Cal Fraud and Elder Abuse, Detective Dennis Brookins - Santa Clara County District Attorneys Office, Yara Ruiz SCS Court investigator, George Abel PDO, D.F.E.H. (Senior Staff), California Dept. of Consumer Affairs Fiduciary Bureau, (Michael Finney, Dan Noyes, Jim ODonnell - ABC NEWS), Linda Kincaid, NASGA, National Alliance of HUD Tenants, Ca. Judicial Council, Ca. State Bar, Admin. Office of the Courts, A.B.A.G.

HUD INQUIRY: 345092

UD CASE NO: 1-12-CV226958

PROBATE: 1-94-PR-133513