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Moral Turpitude

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  2. SCM
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  5. CIMT

California Attorneys Representing MHP Owners

The MHPHOA.com would like to respectfully remind all attorneys representing mobile home park owners and practicing law in the State of California, you do have a Rules of Professional Conduct that you must adhere to.

If you violate these Rules of Professional Conduct, you may be subject to disbarment.

What is Moral Turpitude?

Turpitude means a corrupt, depraved, degenerate act or practice. Moral Turpitude is a phrase used in criminal law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals.

Moral turpitude generally refers to conduct that shocks the public conscience.

Crimes Involving Moral Turpitude (CIMT)

Moral turpitude crimes are defined as acts of baseness, vileness or depravity in the private and social duties. CIMT are contrary to the accepted and customary rule of moral, right, and duty between people. CIMT require the criminal intent of the offender(s) to defraud, deceive, deprive an owner of property, and/or to act with recklessness.

CIMT Crimes Against Property

  1. Accessory Before the Fact in Uttering a Forged Instrument
  2. Attempted Fraud
  3. Conspiracy to Commit Forgery
  4. Encumbering Mortgaged Property with Intent to Defraud
  5. Extortion
  6. Forgery
  7. Making False Statements of Financial Condition
  8. Malicious Trespass
  9. Obtaining Money by False Pretenses
  10. Uttering a Forged Instrument

Eleventh Cause of Action for Elder Financial Abuse by all Senior Citizen Plaintiffs

120. Defendants took, appropriated, obtained and/or retained or assisted in taking, appropriating, obtaining and/or retaining Senior Citizens' mobilehomes by refusing to approve prospective purchasers of Plaintiffs' mobilehomes, and by raising rents to unreasonably high levels. As a result Senior Citizen Plaintiffs were harmed and have been deprived of their right to sell their homes in the Park and have had to either walk away from their home or to sell them to Defendants for almost nothing.

121. Defendants' actions and/or conduct alleged herein was done for a wrongful use, with intent to defraud and/or by undue influence by preventing Plaintiffs from selling their mobilehomes in place in the Park, or keeping them there at reasonable rent levels.

122. Defendants knew or should have known that their actions and/or conduct were likely to be harmful to Plaintiffs and would prevent Plaintiffs from being able to sell their mobilehomes in place in the Park and would result in Defendants taking the financial investments Plaintiffs have in their mobilehomes in violation of Elder Abuse and Dependent Adult Civil Protection Act. Defendants' actions and/or conduct was a substantial factor in causing Plaintiffs' harm. Plaintiffs seek all damages allowed under the Elder Abuse and Dependent Adult Civil Protection Act and all other remedies otherwise provided by law (including, but not limited to, rescission) to compensate them for the harm proximately caused by Defendants.

123. Defendants were aware of Plaintiffs' right to sell their homes in place and the effect raising rents to unreasonably high levels would have on Plaintiffs' ability to sell their mobilehomes. Defendants deliberately interfered with the sale of Plaintiffs' homes by the actions alleged herein. Defendants subjected them to cruel and unjust hardship in conscious disregard of Plaintiffs' rights. Defendants consciously inflicted economic and personal hardship upon Plaintiffs by interfering with the sale of their mobilehomes which was despicable and Defendants' conduct constitutes oppression, fraud, and/or malice. Defendants' conduct warrants an award of punitive damages.
Aranda vs. Terrace View Partners LP

Terrace View Mobile Home Estates
13162 Highway 8 Business, El Cajon, California 92021

  • Filing Date: 2013-07-12 – Class Action Lawsuit Filed by Residents
  • Case Title: Aranda vs. Terrace View Partners LP
  • San Diego Superior Court Case Number: 37-2013-00057526-CU-PO-CTL
  • Status Phase I: 2016-07-06 – Plaintiffs Won Class Action Lawsuit
  • Damages Awarded: $58,389,000

Disbarment – Business and Professions Codes §6106 and §6107

  • 6106. The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.

    If the act constitutes a felony or misdemeanor, conviction thereof in a criminal proceeding is not a condition precedent to disbarment or suspension from practice therefor.

  • 6107. The proceedings to disbar or suspend an attorney, on grounds other than the conviction of a felony or misdemeanor, involving moral turpitude, may be taken by the court for the matters within its knowledge, or may be taken upon the information of another.
    California Business and Professions Code Section 6100-6117

California MHP Attorneys – The State Bar Court of California

California is the only state in the nation with independent professional judges dedicated to ruling on attorney discipline cases. The State Bar of California investigates complaints of attorney misconduct. If the State Bar determines that an attorney's actions involve probable misconduct, formal charges are filed with the State Bar Court by the bar's prosecutors (Office of Chief Trial Counsel).

The independent State Bar Court hears the charges and has the power to recommend that the California Supreme Court suspend or disbar attorneys found to have committed acts of professional misconduct or convicted of serious crimes.

Also, it can temporarily remove lawyers from the practice of law when they are deemed to pose a substantial threat of harm to clients or the public.
The State Bar Court of California

Define: Morality

Morality (from the Latin moralitas "manner, character, proper behavior") is the differentiation of intentions, decisions, and actions between those that are distinguished as proper and those that are improper. Morality can be a body of standards or principles derived from a code of conduct from a particular philosophy, religion, or culture, or it can derive from a standard that a person believes should be universal. Morality may also be specifically synonymous with "goodness" or "rightness."

Moral philosophy includes moral ontology, or the origin of morals, as well as moral epistemology, or knowledge about morals. Different systems of expressing morality have been proposed, including deontological ethical systems which adhere to a set of established rules, and normative ethical systems which consider the merits of actions themselves. An example of normative ethical philosophy is the Golden Rule, which states that:

One should treat others as one would like others to treat oneself.

Immorality is the active opposition to morality (i.e. opposition to that which is good or right), while amorality is variously defined as an unawareness of, indifference toward, or disbelief in any set of moral standards or principles.
Wikipedia – Morality

Define: Amoral

Lacking a moral sense; unconcerned with the rightness or wrongness of something.

Define: Ethics

Ethics or moral philosophy is the branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct. The term ethics derives from the Ancient Greek word ἠθικός ethikos, which is derived from the word ἦθος ethos (habit, "custom"). The branch of philosophy axiology comprises the sub-branches of ethics and aesthetics, each concerned with values.

As a branch of philosophy, ethics investigates the questions "What is the best way for people to live?" and "What actions are right or wrong in particular circumstances?" In practice, ethics seeks to resolve questions of human morality, by defining concepts such as good and evil, right and wrong, virtue and vice, justice and crime. As a field of intellectual enquiry, moral philosophy also is related to the fields of moral psychology, descriptive ethics, and value theory.
Wikipedia – Ethics

Three major areas of study within ethics recognized today are:

  1. Meta-ethics, concerning the theoretical meaning and reference of moral propositions, and how their truth values (if any) can be determined.
  2. Normative ethics, concerning the practical means of determining a moral course of action.
  3. Applied ethics, concerning what a person is obligated (or permitted) to do in a specific situation or a particular domain of action.

Define: Moral Law

The rules of behavior an individual or a group may follow out of personal conscience and that are not necessarily part of legislated law in the United States. Moral law is a system of guidelines for behavior. These guidelines may or may not be part of a religion, codified in written form, or legally enforceable. For some people, moral law is synonymous with the commands of a divine being. For others, moral law is a set of universal rules that should apply to everyone.

Define: Scoundrel

An opprobrious title given to a person of bad character. A dishonest or unscrupulous person, a rogue. Mean or base in nature, villainous, unprincipled, dishonorable.

Hart | King Racketeering CIMT Auctions

Immoral and Unethical Laws

There is a point at which the law becomes immoral and unethical. That point is reached when it becomes a cloak for the cowardice that dares not stand up against blatant violations of justice.
Kurt Huber – The White Rose 1943

Violating Principles of Justice

The above Kurt Huber quote is clear and quite penetrating. The law is the law, that much is certain. But laws can be immoral. Laws can be unethical. The question is when do they cross a line, when can they no longer be tolerated, when have they invalidated themselves by becoming abhorrent to the law-abiding?

The above quote answers that the point is reached when the law becomes a refuge for the scoundrels who hide behind it. Scoundrels who are afraid to stand and defend their positions using logic and reason, or who use the phrase “it’s the law” to justify violating all principles of justice.
philosiblog

One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.
Martin Luther King, Jr. – April 16, 1963

If a law is unjust, a man is not only right to disobey it, he is obligated to do so.
Monticello – Unknown Author

THE KORT & SCOTT EVICTION ATTORNEY NETWORK

Unlawful Detainer Lawsuits
KSFG DBAs vs Mobile Home Owners/Occupants

Many of these mobile home owners lost their homes (evicted) in an Unlawful Detainer Lawsuit filed by a KSFG named business entity. Mobile home parks are managed by Sierra Corporate Management.

Sampling of 478 Eviction Lawsuits
Chronological Order from 2000 thru 2018

Evictimized by KSFG DBAs
MRL EXPLOITS - REPEAL MRL 798.56(e)(1) CALIFORNIA HEALTH AND SAFETY CODE §18250

Stop Predatory Park Owners