October 2015

10/8/2015

Whew, that was close. We almost had a speaker of the house in Kevin McCarthy that could only speak in unintelligible tongue. While being speaker is usually a windfall for the state the speaker comes from, Kevin McCarthy has virtually pledged to dismantle California by killing high speed rail, fracking regulations, environmental regulations, clean air and clean energy regulations in this state. All of these things are transforming California into the leader in all of these clean air \ clean energy technology which is creating jobs. Kevin’s withdrawal from the speakers race is probably the best thing that could have happened to California. Hopefully his Fresno constituents will realize his agenda vs. what was lost in him not becoming speaker and remove him from the house.

 

10/8/2015.

The backstory on the confidential settlement provided by Michael Paul

Approximately a year after dropping the lawsuit –

From: Pubinfo [mailto:Pubinfo@jud.ca.gov]
Sent: Thursday, August 8, 2013 5:00 PM
To: Michael Paul <Michael.Paul@yeninteractivemedia.com>
Subject: Request for Judicial Administrative Records #001015

Mr. Paul,

Records that are responsive to your request are subject to the attorney-client privilege and thus exempt from disclosure. (California Rules of Court, rule 10.500(f)(5).)
Judicial and Court Operations Services Division
Court Operations Special Services Office–Public Access to Records Project
Judicial Council of California – Administrative Office of the Courts
455 Golden Gate Ave.
San Francisco, CA 94102-3688
pubinfo@jud.ca.gov
http://www.courts.ca.gov

“Serving the courts for the benefit of all Californians”
From: Michael Paul [mailto:Michael.Paul@yeninteractivemedia.com]
Sent: Wednesday, July 17, 2013 11:52 AM
To: Pubinfo
Subject: information request

The reason I am writing you today is to determine the status of the lawsuit against Aleut Global Solutions or AGS. What is the current status of this suit and if it was settled, what was the settlement?

______________________________________

Monday 10/6/2015 –

Dear Mr. Paul:

Your request was reviewed pursuant to California Rules of Court, rule 10.500, “public access to judicial administrative records.”

Attached are records responsive to your request for the “terms of the settlement” between the Judicial Council and Aleut Global Solutions, LLC (AGS). The settlement was comprised of two components, with a total settlement value of $9,448,510.67. First, as indicated in the attached settlement agreement, AGS paid the Judicial Council $5.5 million. Second, the Judicial Council retained $3,948,509.67 for invoiced services that the Judicial Council had withheld from payment due to AGS’s unlicensed contractor status.

The responsive records that reflect the total settlement include: 1) Settlement Agreement and Mutual Release between Judicial Council of California, Administrative Office of the Courts and AGS; 2) AGS’ Limited Guaranty of Payment Agreement executed in relationship to the Settlement Agreement and Mutual Release; 3) Judicial Council’s First Amended Complaint for Breach of Contract and Violation of Contractors’ State License Law; 4) AGS’s Cross-Complaint for Breach of Contract and Unjust Enrichment, and; 5) AGS’s Request for Dismissal of Cross-Complaint for Breach of Contract and Unjust Enrichment.

Thank you.

Public Access to Judicial Administrative Records
Court Operations Services | Operations and Programs Division
Judicial Council of California
455 Golden Gate Avenue, San Francisco, CA 94102-3688
PAJAR@jud.ca.gov | http://www.courts.ca.gov
From: Michael Paul [mailto:Michael.Paul@yeninteractivemedia.com]
Sent: Monday, September 21, 2015 11:15 AM
To: PAJAR
Cc: Hoshino, Martin
Subject: Judicial Council vs. Aleut San Francisco Superior Court case # CGC09495035

Dear Martin Hoshino & Judicial Council staff,

This was the second unlicensed contractor I blew the whistle on. At the time the law prohibited LLC’s from being able to even get a contractors license so much like the Judicial Council vs. Jacobs case, the issue of substantial compliance comes into play. Did Aleut substantially comply with California’s licensing laws when they were absolutely prohibited from holding a contractors license?

I think not.

Moreover, you mediated a confidential settlement with Aleut over millions of dollars in public funds when there should have been full disgorgement as a matter of long standing public policy. According to the various publicly disclosed filings in San Francisco Superior Court, any settlement you made with them amounted to less than $10,000.00 when it should have been for over 5 million dollars.

When a government agency enters into a confidential settlement, history has shown time and again that it does so solely to conceal mistakes on their part and these confidential settlements involving public funds never stay confidential once challenged in the courts, especially when public funds were at stake and in this matter, public funds are at stake.

So what are the terms of the settlement and how much public funds did you give away and why?

Do you want to be sued by the media or do you want to disclose the terms of the settlement?