1 JUSTIN J HARJO

2 19251 CAPITOL CIRCLE

19262 CONGRESS CIRCLE
3
HUNTINGTON BEACH, CA 92646
4
Tel-(714)262-0884
5 PLAINTIFF, IN PRO PER
6

7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
IN AND FOR THE COUNTY OF ORANGE
9

10
JUSTIN J HARJO an individual, ) Case No.:30-2019-010730550-CU-PO-CJC
11 )
Justin J Harjo on behalf of ) PLAINTIFFS SECOND AMENDED
12 decedent Franklin H Mackley, ) UNLIMITED COMPLAINT FOR DAMAGES
) AND INJUCTIVE RELIEF
13 Justin J Harjo Party of )
interest re: Margaret Charlene ) 1. SET ASIDE QUITE TITLE
14 Mackley CANCEL DEED
)
) 2. CANCELLATION OF INSTRUMENT
15
Plaintiffs, ) 3. FRAUD BY MISREPRESENTATION
16 ) 4. PROFESSIONAL MALPRACTICE
vs. ) NEGLIGANCE
17 ) 5. FRAUD
TIMOTHY DAVID MACKLEY sued as ) 6. CONSPIRACY TO COMMIT
18 an individual, CHERI LYNN ) FINANCIAL ELDER ABUSE
MACKLEY sued as an individual, ) 7. ELDER ABUSE
19 MICHAEL GREGORY NUTTER SUED ) 8. WRONGFUL EVICTION
INDIVIDUALLY AND IN OFFICAL ) 9. UNDUE INFLUENCE
20 CAPACITY ) 10. SLANDER
AND DOES 1-100 ) 11. INTENTIONAL INFLICTION OF
21 Defendants. ) EMOTIONAL DURESS
) 12. INJUCTIVE RELIEF
22
)
23

24
COMES NOW Plaintiff JUSTIN J HARJO hereinafter “PLAINTIFF”
25
individually and For the interest of the deceased FRANKLIN H

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 MACKLEY aka Frank Mackley. Justin J Harjo in and for the best
2 interest of the unduly influenced ELDER ABUSE VICTIM MARGARET
3 CHARLENE MACKLEY. Plaintiff complains and herein alleges against
4 Defendants TIMOTHY DAVID MACKLEY hereinafter “TIMOTHY” an
5
individual, CHERI LYNN MACKLEY hereinafter “Cheri” an individual
6
and MICHAEL GREGORY NUTTER hereinafter “NUTTER” an individual a
7
CA ATTORNEY and DOES 1-100, inclusive, and each of them,
8
(“Defendants”) as follows:
9
I.INTRODUCTION OF PARTIES AND JURISDICTION
10
1. Plaintiff Justin J Harjo is an individual residing in Orange
11
County, in the State of California. Residing in the family
12
home that his late grandfather had purchased for his daughter
13
and her children.
14

15
2. Plaintiff Justin J Harjo is specially appearing as a would-be-
16
heir and party of interest to speak on behalf of his deceased
17
Grandfather’s best interest and real property.
18

19
3. Plaintiff Justin J Harjo files this complaint in and for the
20
best interest of MARGARET CHARLENE MACKLEY widow of Frank
21
Mackley (ELDER ABUSE VICTIM BY UNDUE INFLUENCE)
22

23

24

25

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 4. DEFENDANT TIMOTHY DAVID MACKLEY an individual is and at all
2 times mentioned a resident of Orange County CA which gives
3 this court jurisdiction.
4

5 5. DEFENDANT CHERI LYNN MACKLEY an individual and the wife of the

6 first names defendant TIMOTHY is and at all times mentioned
7 was a resident of Orange County CA which gives this court
8 Jurisdiction
9

10 6. DEFENDANT MICHAEL GREGORY NUTTER an individual and CA ATTORNEY

11 licensed to practice Law in this state was and at all times
12 mentioned was a resident of Orange County which gives this
13 court jurisdiction
14

15

16 II. BACKGROUNG INFORMATION

17

18 7. To give the court a better understanding of this huge

19 complicated issue that should not and will not go unnoticed
20 due to the severity of the issue and the growing worldwide
21 epidemic of elder abuse:
22

23 8. The Plaintiff and the defendants TIMOTHY and CHERI are related
24 TIMOTHY by blood and CHERI the Wife of TIMOTHY.
25

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 9. The other defendant NUTTER was the Corporate council 2013-2015
2 of MARGARETS business while representing the corporation he
3 also represented the elderly and her Daughter Colleen
4 throughout litigation in a case that was filed back in 2011.
5

6 10. The Elderly MARGARET was very involved in her business and
7 its production while also dealing with Litigation all but one
8 of her Attorneys had failed her two of those attorneys were
9 disbarred for separate issues. The attorney that referred

10 MARGARET to NUTTER was disbarred for bribing a judicial

11 officer/ public official.
12

13 11. Over the course of the last 18 Months MARGARET has lost her
14 business and almost her homes due to actions by all three of
15 the DEFENDENTS.
16

17 12. Title to Property belonging to the DECENDANT was wrongfully

18 obtained by the use of undue influence and deceit
19

20 13. TIMOTHY has isolated MARGARET into his home and has cutoff
21 all contact with almost everyone of MARGARETS grandchildren
22 and great-grandchildren by blocking their phone numbers and
23 misleading MARGARET
24

25

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 14. TIMOTHY filed false court documents and tainted the mind of
2 MARGARET; poisoned her more or less, while being vulnerable
3 with past history of abuse who else could she trust but her
4 own Children and her son TIMOTHY took advantage of the

5 situation and now MARGARET has lost all income besides social
6 security.
7

8 15. TIMOTHY AND CHERI BOTH conspired to something similar in

9 February 2014. Where a durable health care form was done and

10 TIMOTHY AND CHERI began to isolate MARGARET as well as gain

11 access to her bank accounts; however once being fully informed
12 of what was happening and being of sound mind (off the
13 medication from nursing home) she then revoked that POA and
14 appointed her daughter and granddaughter to take on that duty
15 of care and loyalty.
16

17 16. NUTTER; who ineffectively served MARGARET as council per

18 the case notes of the Honorable Judge PETE WILSON for OCSC case
19 NO. 30-2011-00474454. Nutter being an officer of the court has a
20 duty to protect his client’s best interest which he has not and
21
has co-conspired with the other named defendants by assisting in
22
the preparation of falsely filed documents with the CA secretary
23
of State as well as with this court.
24

25
17. NUTTER has been actively involved in the assistance and

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 preparation of documents used against his former client (Colleen
2 Mackley-Kirst) while doing so carefully undermining the court
3 and manipulating MARGARET an 81 year old woman; who of course as
4 any other person would not doubt the loyalty of an officer of
5
the court or law enforcement Official.
6

7
18. Now comes the Plaintiff in pro-per and is left with no
8
other options to PROTECT THE ELDERLY but through this filing to
9
sue the defendants since local and state government agencies and
10
Attorneys seem to have no regard for the best interest of the
11
elder or her rights and property.
12

13

14 19. Plaintiffs are ignorant of the true names and capacities of

15 Defendants, sued herein as DOES 1 through 100, inclusive, and

16 therefore sues these Defendants by such fictitious names. DOES

17 1-100 were at all times relevant herein, agents of Defendants

18 and each of them. Plaintiffs will designate each DOE Defendant

19 and serve them with this Complaint when their true names and

20 capacities have been ascertained. Plaintiffs allege each of

21
said Defendants designated as a DOE is legally responsible in
22
some manner for the events and happenings herein referred to
23
herein and caused or is responsible in some manner for the
24
damages caused by the negligent intentional actions of the
25
Defendants.

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1

2 20. Plaintiffs are informed and believe and herein alleges all
3 of the Defendants acted in concert with the other Defendants
4 named in this Complaint in the wrongful and improper activities
5
alleged and, therefore, are responsible for the damages as
6
alleged by Plaintiffs.
7

8
21. Plaintiffs are further informed and believe and herein
9
allege at all times mentioned each individual, employee and
10
person named in this Complaint was the agent and/or employee of
11

12
each of the remaining Defendants and/or Defendant Employers and

13
acted in concert for the purpose of injuring Plaintiffs as

14
alleged herein.

15

16 22. Plaintiffs are further informed and believe at all times

17 mentioned herein each Defendant and individual named in this

18 Complaint was acting within the course and scope of that

19 employment or relationship including fiduciary duty.

20

21
23. Plaintiffs are further informed and believe, and thereon
22
allege, each of the Defendants herein gave consent to, ratified,
23
and authorized the acts alleged herein as to each of the
24
remaining Defendants.
25

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1

2 24. Plaintiffs are informed and believe at all times mentioned

3 herein; all Defendants are liable for the actions of each of the
4 individuals mentioned herein.
5

6
25. Plaintiffs are informed and believe and thereon allege at
7
all times mentioned herein, the Defendants have pursued a common
8
course of conduct, acted in concert with, and conspired with
9
each other, and have aided and abetted one another to accomplish
10
the wrongs complained of herein against the Plaintiff
11
individually and the remaining plaintiffs.
12

13

14 III.FACTS COMMON TO ALL CAUSES’ OF ACTION

15

16 26. MARGARET was residing at one of the Subjected Property

17 located at, 19262 CONGRESS CIRCLE, HUNTINGTON BEACH, California

18 (hereinafter referred to as “ELDERS PRIMARY”). Where she has

19 always lived from the years 1959-2017.

20

21
27. JUSTIN and his mother hereinafter “Colleen” whose PRIMARY
22
residence which is owned by MARGARET but was purchased by the
23
decedent FRANK MACKLEY in 1996 for Colleen and her children
24
(Justin and his siblings). this subjected property is located at
25
19251 CAPITOL CIRCLE, HUNTINGTON BEACH, California (hereinafter

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 referred to as “CAPITOL HOUSE”
2

3 28. MARGARET AND THE DECENDENT also hold mortgage and title
4 over property that is currently pending litigation in the OCSC
5 where as actions are similar to an extent and due to trial
6
pending the location of said property will not be disclosed
7
respectfully in the interest of all parties and council to that
8
action having a fair trial.
9

10
29. MARGARET WAS the Property owner of parcels of land in PINON
11
HILLS, CALIFORNIA these properties have been recently sold
12
through undue influence and deceit with amounts above 100k SAN
13

14
BERNADINO COUNTY PARCEL NO.

15

16 A. 3068-101-03

17 B. 3068-101-04

18

19 30. TIMOTHY deceitfully unduly influenced MARGARET to quit

20 claim deed the other property that is in the name of the

21 descendant’s estate est. of frank mackley over to TIMOTHY with
22 property total value 250,000+; the San Bernardino District
23 Attorneys real estate fraud division has been notified and
24
complaint has been filed. SAN BERNARDINO PARCEL NO’S are as
25
follows:

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1

2 C. 3068-101-06
3
D. 3068-101-07
4
E. 3068-101-08
5
F. 3068-101-09
6
31. DECENDENT upon passing with no will he also left property
7
in Mohave Arizona where in late 2009 TIMOTHY had his name
8
added to the property with MARGARET as joint tenants.
9

10
32. While making sure he was going to benefit and make profit
11

12
Timothy did what appears to be a “Test-Drive” of the

13
situation. Once he saw how easy it was to get his name added

14
on to a deed that quick, he was set on a mission. A mission to

manipulate the elderly and anyone else that need be so he

15

16
could succeed in the future in any type of unjust easy-way-out

17
door regardless of the situation.
18

19
33. Plaintiff While working down at MARGARETS Business JUSTIN
20
worked in the office and handled a majority of issues relating
21
to the business and Margaret. You could say more of her
22
assistant as he worked for her every day.
23

24
34. Sometime in the beginning of the year of 2016 notice came
25
Via- US Mail addressed to the DESCENDANT from the Tax

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 collector of San Bernardino County addressed to FRANK MACKLEY.
2 The plaintiff opened the mail and it had been delinquent tax
3 notices. The plaintiff called and resolved the issue and
4 arranged payments while also informing the tax collector of
5
FRANKS Passing. They then put the property into EST. OF FRANK
6
MACKLEY.
7

9
35. JUSTIN had made contact with the Tax collector and got the
10
situation resolved meaning the defaults were set up to be paid
11
accordingly as agreed in a payment plan. JUSTIN also had
12
inquired into tax relief programs the county had offered to
13

14
get penalties on the property waived.

15

16 36. In beginning to the middle of 2017 TIMOTHY had somehow

17 convinced the elderly that her property was going to be

18 auctioned off at a tax sale auction and when doing so

19 convinced her to quit claim deed the title over to him and it

20 would void the default. While trusting her son she did so

21 however she did not have the authority being that it was in
22 the name of Est. Frank Mackley she also knew of this but
23
signed the forms after TIMOTHY had driven her out to the
24
desert vacant lots and brought up the issue
25

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 37. TIMOTHY was unemployed due to termination of employment
2 beforehand and was and still is jealous of His little sister
3 COLLEEN who was a big role in MARGARETS day-to-day activities
4 and played a big role in it as well. However never being
5
wanted down at the family business TIMOTHY built up a
6
vengeance and vindictive retaliation against everyone and
7
started harassing The Plaintiff and his family as well as the
8
employees of MARGARETS BUSINESS.
9

10
38. December 28th of 2017 at 7:09 P.M. TIM had called the
11

12
Huntington Beach Police department to do a welfare check on

13
Margaret and TIM also alleged Margaret is being kept in

14
isolation and is bedridden. The Police Department notated he

spoke with Margaret and Jill. Margaret advised the officer she
15

16
was not in need of assistance and was lying in bed and Jill

17
was cleaning house upon his arrival.
18

19
39. PLAINTIFFS Mother COLLEEN called in the same night to have
20
it noted that Margaret was competent and ran her own business
21
and went to work every day. Attached hereto as Exhibit HBPD
22
dispatch log.
23

24
40. December 29th- December 31st, 2017 Margaret and Colleen
25
were on vacation for the holidays if I am not mistaken to

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 Harrah’s casino in Laughlin, NV. a place my grandma loved.
2

3 41. December 31st, 2017 upon the return from vacation where
4 Margaret was at home resting after the trip, TIMOTHY had come
5 over and called the Huntington Beach Police Department whom he
6
called again, saying his mother wanted to make a report
7
against her daughter (Colleen) and things will go bad. He
8
recalled and needed help and officers were dispatched.
9

10
42. The Police officer that responded that night had asked
11
TIMOTHY “IF YOU ARE SO WORRIED ABOUT IT WHY NOT TAKE HER TO
12
LIVE WITH YOU?” That is when TIMOTHY had MARGARET move in with
13

14
him after being placed on the spot.

15

16 43. January 1st, 2018 is when the isolation begun to slowly

17 happen. calls begun to stop coming in and Margaret was not

18 down at the business as much as she used to be but she was

19 still in contact with everyone.

20

21
44. April 25th, 2018 Margaret and My Mom had decided to sell My
22
Moms House since the family business was having financial
23
hardship with attorneys and court cost on top of other bills
24
but Colleen was committed to seeing her late father’s legacy
25
live on Then my mom went to the relator with Margaret and

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 listed it for sale for almost $ 900,000.00, to help pay off
2 the reverse mortgage and rebuild Margaret’s Home and expand it
3 as well as pay off any debt.
4

5
45. In mid to late May of 2018, While Margaret had forcibly
6
been removed from her own home; by what I believe to be out of
7
fear. Her son Tim then went into Family Court of Orange County
8
and filed a DVTRO against COLLEEN who is his little sister. He
9
alleges numerous things in the order all of which are false.
10
He obtained the order and never served colleen or gave her
11

12
notice she found out after the police told her.

13

14 46. Tim had Margaret remove My Mother from the businesses bank

15 accounts as well as her own and he was put on them. Due to the

16 DV in place COLLEEN could not sign for the business or act on

17 it since it was Margaret’s and she was listed as PP on

18 TIMOTHYS TRO. The Business had begun to fail since Tim had

19 done this and it caused a chain reaction which has led to the
20 business losing its location and place of business after 50
21
years
22

23
47. DEFENDANTS TIMOTHY served eviction notices on the plaintiff
24
claiming to be the property owner and plaintiff owed rent
25
money 10k or more Margaret’s name was forged on copies of

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 documents which the plaintiff knows were forged and filed by
2 CHERI LYNN MACKLEY THUS MAKING HER A CO-CONSPIRATOR AND
3 THEREFORE A DEFENDANT
4

5
48. My phone number as well as all my siblings and nieces and
6
nephews phone numbers have been blocked
7

8
49. TIMOTHY took Margaret to San Bernardino in May 2018 and had
9
her sell Property to a one by the name MARIO LOPEZ AMOUNTS
10
UNKNOWN AT THIS TIME and Money for which is yet to be or have
11

12
been accounted for, except one large transfer initiated by

13
TIMOTHY per US bank statement

14
50. June 18th-June 27th THE PLAINTIFF flew in from Oklahoma

City for his and Margaret’s Birthday as he always had done

15
16 2016-2018.

17 51. June 26th 2018 Plaintiff saw his Grandma one time and
18 that’s when MARGARET took a taxi down to the family business
19 where My Mom and I spent the day together with her and we went
20 to eat lunch after we had went shopping. She was in perfect
21
spirit, and happy to see me and spend time with my mom and I.
22
even though TIMOTHY declared MARGARET and him wanted nothing
23
to do with COLLEEN
24

25

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 52. March 21st, 2019 Tim filed an unlawful detainer case
2 against my mom and I and Is claiming to be owed 10,000.00 and
3 the property “THE CAPITAL HOUSE” was his. He also claimed that
4 a lease was broke and he was the landlord. His signature is
5
also what appears to be forged by CHERI and looks similar to
6
the writing of a forged Court document.
7

8
53. Upon the completion of PLAINTIFFS informal personal
9
investigation of public records and statements from
10
individuals; which none showed inconsistences. That then
11

12
showed and revealed the pattern of abuse and its formation.

13

14 54. Plaintiff has reached out to many agencies to address the

15 issue which fits the subject of a criminal matter and however

16 was told it was a civil issue and to contact an attorney.

17 Clear codes of the CA PENAL CODE state otherwise i.e. elder

18 abuse by fraud, elder abuse for unjust enrichment etc.

19

20
55. All throughout this time and still MARGARET CHARLENE
21
MACKLEY is ignorant as to the misrepresentations made by
22
Defendants TIMOTHY DAVID MACKLEY and Her attorney MICHAEL G
23
NUTTER, in regard to him being an attorney and TIMOTHY her son,
24
She had no reason to suspect at the time Defendants were
25
wrongfully and fraudulently altering the facts of her finances,

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 income, employment, etc. The details and depth of the fraud are
2 still being uncovered
3

4
56. The course Defendants chose to take blurs the line between
5
civil and criminal Defendants ability to manipulate the system
6
by calling the police when Plaintiff wanted to check on his
7
grandmother MARGARET. The police threatened to arrest Plaintiff
8
because of what TIMOTHY had told them.
9

10
57. Further, at all times herein mentioned, the Defendants were
11

12
acting as professionals, as agents for the Plaintiff with regard

13
to the Subject Property. Plaintiffs were never aware of any

14
facts before hand that made him/her suspicious of the veracity

of Defendants’ representations.
15

16

17 58. In doing the acts as herein alleged, Defendants were

18 Attorney-in-fact, Attorney, and/or agents of the elderly making
19 Defendants personally guilty of oppression, fraud or malice. An
20 award of punitive damages against Defendants is therefore
21
warranted.
22
59. Plaintiffs are informed and believe that at all times
23
mentioned herein, that all of the Defendants acted in concert
24
with the other Defendants named in this Complaint in the
25
wrongful and improper activities alleged and, therefore, are

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 responsible for the damages as alleged by Plaintiffs.
2

3
60. Plaintiffs are further informed and believe that at all
4
times mentioned herein each individual, employee and person
5
named in this Complaint was the agent and/or employee of each of
6
the remaining Defendants and/or Defendant Employers had acted in
7
concert for the purpose of injuring Plaintiffs as alleged
8
herein. Defendants took said actions against Plaintiffs while
9
within the scope of their employment. All Defendants are
10
jointly and severally liable to Plaintiffs for the actions
11

12
TIMOTHY IS RESPOSIBLE FOR and other Defendants.

13

14 61. Plaintiffs are further informed and believe, and thereon

15 allege each of the Defendants herein gave consent to, ratified,

16 and authorized the acts alleged herein to each of the remaining

17 Defendants. Further, Plaintiffs allege that each of Defendants

18 individually and severally was a fiduciary to MARGARET, owing

19 Plaintiffs utmost loyalty and due care.

20

21

22
62. Plaintiffs are informed and believe and thereon allege at
23
all times mentioned herein, the Defendants pursued a common
24
course of conduct, acted in concert, and conspired with each
25
other, and have aided and abetted one another to accomplish the

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 wrongs complained herein.
2 63. Plaintiffs are informed and believe and therefore allege
3 all these facts and causes of actions against the Doe
4 Defendants.
5
FIRST CAUSE OF ACTION
6
Set Aside Quit Claim Deed and Quiet Title
7
64. Plaintiffs hereby incorporate by reference, replead and
8
reallege each and every allegation contained in the paragraphs
9
above as though set forth herein.
10
65. Until JULY 14TH , 2017, Plaintiff DECENDANT FRANK MACKLEY OR
11
EST. FRANK MACKLEY was the legal owner and title holder of the property
12
located
13
Primary resident address 1532 sierra road Pinon Hills, CA
14
SAN BERNADRINO COUNTY PARCEL NUMBERS

15 3068-101-06

16 3068-101-07
17
3068-101-08
18
3068-101-09
19
66. Plaintiffs are informed and believe and on such information
20
and belief allege that Defendant TIMOTHY claims an interest
21
adverse to Plaintiff’s in the above-described property as the
22
holder of a quitclaim Deed fraudulently constructed and recorded
23
07/14/2017 in the Official Records of the County of SAN
24
BERNADRINO.
25

67. Plaintiffs are seeking to set aside the QUIT CLAIM DEED and

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 Quiet Title against the claims of Defendant TIMOTHY AND ALL
2 OTHERS as follows: The interest held by TIMOTHY; any adverse
3 claims or potential adverse claims of the holder of legal title
4 and their successors and assigns; the claims of all unknown
5
Defendants, whether or not the claim or cloud is known to
6
Plaintiff; and any unknown, uncertain, or contingent claims
7
regarding the deeds marked as Defendant’s QUITE TITLE and all
8
interests granted thereunder dated 07/14/2017 and recorded on
9
07/14/2017 in the Official Records of the County of SAN
10
BERNADRINO, Document Numbers 20170285213-20170285216, a copy of
11

12
which is attached hereto as Exhibit 2; the claims of the

13
successor Defendants; the claims of all unknown defendants

14
described, whether or not the claim or cloud is known to

Plaintiffs; and the unknown, uncertain, or contingent claim, if

15

16
any, of other Defendants. The claims of Defendants and all other

17
persons regarding the subject property are without any right

18
whatever and are void and/or voidable. All persons and

19
Defendants and each of the claims are without any merit and such

20
Defendants have no right, title, estate, lien, or interest
21
whatever in the above-described property or any part thereof.
22
The above claims are a cloud on DECENDENTS TITLE.
23
68. Plaintiff hereby moves this court for order and seeks to
24
set aside the QUIT CLAIM DEED as unlawful and fraudulent by ways
25
of undue influence, unjust enrichment and fraud against an elder

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 69. Plaintiffs seek to quiet title to remove any liens, deeds
2 of trust or any other burdens upon the title into the name of
3 EST. OF FRANK MACKLEY
4

5 II.SECOND CAUSE OF ACTION

6 Cancellation of Instrument/Rescission of Contract

7 70. Plaintiff hereby incorporates by reference, repleads and

8 realleges each and every allegation contained in the paragraphs

9 above as though set forth herein.

10 71. Plaintiff is informed and believes and on such information

11 and belief alleges that the claims described above represent

12 claims that are of an interest adverse to the Plaintiff’s

13
ownership interests in the subject properties.
14
72. There is in existence a certain written instrument which
15
purports to be a POWER OF ATTORNEY over MARGARET CHARLENE
16
MACKLEY. The form and contents of QUIT CLAIM DEED are attached
17
and incorporated by reference. The quit claim deed is in the
18
possession and/or under the control of Defendant TIMOTHY. The
19
purported signature of Plaintiff MARGARET CHARLENE MACKLEY was
20
procured as a result of the fraudulent misrepresentations of
21
Defendant TIMOTHY AND NUTTER.
22

73. Plaintiff seeks a declaration from the court to cancel the

23

purported Deed of Trust recorded 07/14/2017 in the Recorders

24
Office of San Bernadrino County document numbers 20170285213-
25

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 20170285216.
2 74. Plaintiff seeks a declaration from the court to rescind any
3 contracts Plaintiffs have with Defendants.
4 75. Plaintiff seeks the court to immediately revoke any and all
5
if suck powers over the person and estate of MARGARET CHARLENE
6
MACKLEY
7
III.THIRD CAUSE OF ACTION
8
Fraud By Intentional Misrepresentation
9
76. Plaintiffs hereby incorporate by reference, replead and
10
reallege each and every allegation contained in the paragraphs
11

12
above as though set forth herein.

13
77. The misrepresentations made by all Defendants were in fact

14
false.

78. When Defendants herein made these misrepresentations,

15

16
knowing them to be false and doing so with the intention to

17
deceive and defraud the Plaintiffs, so that Defendants and each

18
of them could make their respective profits, commissions, sales

19
quotas, and by depriving Plaintiff of the rights to title and

20
ownership of the Subject Property, gain other beneficial
21
financial interests.
22
79. The Plaintiffs, at that time, were ignorant of the
23
Defendants’ false representations stated herein, ignorant of
24
Defendants’ secret intentions, and Plaintiffs could not, in the
25
exercise of reasonable diligence, have discovered the

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 Defendants’ secret intentions and false representations. In
2 reliance on the promises of Defendants, Plaintiffs signed
3 various documents.
4 80. Plaintiffs, at the time these representations were made by
5
Defendants, were ignorant of the misrepresentations. In reliance
6
on the Defendants representations, and ignorant of said
7
misrepresentations Plaintiff MARGARET then signed quit claim
8
deed.
9
81. As a proximate result of the fraudulent conduct of
10
Defendants as herein alleged, Plaintiffs sustained damages,
11

12
including property loss, monetary loss, medical expenses,

13
emotional distress, loss of credit, loss of opportunities, legal

14
fees and costs, and other damages to be determined at trial.

82. As a proximate result of Defendants’ breach of duty, breach

15

16
of contract and all other actions as alleged herein, Plaintiff

17
has suffered severe emotional distress, mental anguish, harm,

18
humiliation, embarrassment, and mental and physical pain and

19
anguish, all to their damage in an amount to be established at

20
trial.
21
83. The aforementioned conduct of Defendants was an intentional
22
misrepresentation, deceit, or concealment of a material fact
23
known to the Defendants with the intention on the part of the
24
Defendants of thereby depriving the Plaintiffs of property or
25
legal rights or otherwise causing injury, and was despicable

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 conduct that subjected the Plaintiffs to a cruel and unjust
2 hardship in conscious disregard of the Plaintiff's rights, so as
3 to justify an award of exemplary and punitive damages, as well
4 as legal fees and costs.
5
84. Further, at all times herein mentioned, the Defendants were
6
acting as attorneys-in-fact and as private attorney Defendants
7
were acting as agent for the Plaintiff. Plaintiffs were never
8
aware of any facts that made him/her suspicious of the veracity
9
of Defendants’ representations.
10

11
IV. FOURTH CAUSE OF ACTION
12
Negligence/Professional Malpractice
13
85. Plaintiffs hereby incorporate by reference, replead and
14
reallege each and every allegation contained in the paragraphs
15
above as though set forth herein.
16
86. Defendant TIMOTHY AND NUTTER were agents, employees and
17
other fiduciaries of each other as set forth within. Each of
18
the wrongful acts by Defendants against Plaintiffs set forth
19
within were done within the scope of their representation when
20
performing their wrongful actions. Defendants are therefore
21
directly, jointly and severally liable to Plaintiffs for the
22

actions of TIMOTHY, NUTTER and all other Defendants as set forth

23

within.
24
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PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 87. At the time the fraudulent P-O-A as well as Statement of
2 information with the CA Secretary of state was processed, Said
3 transactions were processed with the consent, knowledge and
4 permission of MARGARET while under duress and misrepresented of
5
facts
6
88. At this time and place, Defendants altered corporate
7
records and fraudulently acted in ways that have caused the
8
elderly MARGARET to lose her business As a proximate result of
9
the negligent conduct of Defendants as herein alleged,
10
Plaintiffs sustained damages, including loss of property,
11

12
monetary loss, medical expenses, loss of credit, loss of

13
opportunities, legal fees and costs. Plaintiff has suffered

14
severe emotional distress, mental anguish, harm, humiliation,

embarrassment, and mental and physical pain and anguish, all to

15

16
their damage in an amount to be established at trial.

17
89. The aforementioned conduct of the Defendants fraudulent

18
misrepresentations in the processing of a real estate evictions

19
and business transactions, in conscious disregard of the

20
Plaintiffs’ rights, and Defendants fiduciary obligations,
21
justify an award of exemplary and punitive damages.
22

23 V. FIFTH CAUSE OF ACTION

24 FRAUD
25
90. DEFENDENTS told the plaintiff MARGARET she was going to

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 lose what she owned and mislead her by misrepresenting documents
2 and NUTTER USING his ATTORNEY privilege to help and encourage
3 the abuse by knowing likelihood that plaintiff, as a result of
4 her age, illness, and medical treatment, would lose her home
5
and/or would become institutionalized and that it was necessary
6
to create various documents to protect plaintiff from loss and
7
harm and the representations that the services and items
8
provided by defendants were appropriate were false, misleading,
9
and misrepresented both plaintiff’s financial needs and
10
defendants’ intent.
11

12
91. The false and misleading statements of defendants were

13
material to plaintiff’s decision to pay defendants, and

14
plaintiff relied to her detriment on them.

92. Defendants knew that these statements were false and

15

16
misleading and that plaintiff would suffer injury. Thereby

17
Defendants intended to defraud plaintiff.

18
93. As a direct and proximate result of defendants’ wrongful

19
conduct, plaintiff suffered damages as alleged herein.

20
94. Defendants’ conduct constituted oppression, fraud, and
21
malice and plaintiff is entitled to recover damages for the
22
sake of example and by way of punishing defendants pursuant to
23
Civil Code section 3294.
24

25

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 VI.SIXTH CAUSE OF ACTION

2 CONSPIRACY TO COMMIT FINANCIAL ELDER ABUSE

3 95. Plaintiffs hereby incorporate by reference, replead
4 and reallege each and every allegation contained in the
5
paragraphs above as though set forth herein.
6
96. ALL DEFENDANTS With intent for monetary gain have at
7
different times acted in concert with each other conspiring to
8
defraud the elderly while making misrepresentations. Casusing
9
the plaintiff to act and file proper judicial proceedings in
10
order to reverse and correct the wrong doing of the named
11
defendants including the sales of her property
12
13

14

15 97. Pursuant to 15610.30. (a) "Financial abuse" of an

16 elder or dependent adult occurs when a person or entity does

17 any of the following:
18

19 a. Takes, secretes, appropriates, obtains, or retains real or

personal property of an elder or dependent adult for a
20 wrongful use or with intent to defraud, or both.
21 2. Assists in taking, secreting, appropriating, obtaining, or
retaining real or personal property of an elder or dependent
22 adult for a wrongful use or with intent to defraud, or both
Takes, secretes, appropriates, obtains, or retains, or
23 assists in taking, appropriating, obtaining, or retaining, real or
personal property of an elder or dependent adult by undue influence, as
24 defined in Section 1575 of the Civil Code
3. A person or entity shall be deemed to have taken, secreted,
25 appropriated, obtained, or retained property for a wrongful use if, among
other things, the person or entity takes, secretes, appropriates, obtains or
retains the property and the person or entity knew or should have

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 known that this conduct is likely to be harmful to the elder or
dependent adult.
2 4. (c) For purposes of this section, a person or entity takes,
secretes, appropriates,
3 5. obtains, or retains real or personal property when an elder or
dependent adult is deprived of any property right, including by means of an
4 agreement, donative transfer, or testamentary bequest, regardless of
whether the property is held directly or by a representative of
5 an elder or dependent adult.
6

7
85. Defendants, under the circumstances set forth above, and with
8
the complete disregard of Plaintiffs wishes, with the express
9
intent of permanently depriving the Plaintiffs of any rights of
10
ownership, are guilty of Financial Elder Abuse.
11

12
86. Plaintiffs seek recovery for damages in an amount to be
13
determined BY THE JURY AT TRIAL. WHEREFORE, Plaintiff prays
14
judgment against Defendants and each of them as follows:
15
1. For a judgment that Defendants have no interest in the
16
property adverse to the Plaintiffs;
17
2. For judgment that the QUIT CLAIM instrument is
18

19
cancelled;

20
3. For rescission of any and all agreements between

21
Defendants and Plaintiffs;

22
4. For damages for Trespass and theft according to proof;

23
5. For compensatory damages according to proof, lost

24
credit, medical expenses, emotional distress, humiliation, mental anguish,

25
and other compensatory damages;

PLAINTIFFS FIRST AMENDEND COMPLAINT

 1 6. For general damages according to proof;
2 7. For special damages according to proof;
3 8. For interest on damages according to proof;
4 9. For punitive damages in an amount appropriate to
5
punish Defendants and deter others from engaging in similar
6
misconduct;
7
10. For prejudgment interest on such damages as
8
provided by law;
9
11. For legal fees incurred by Plaintiff;
10
12. For costs of suit incurred by Plaintiff; and
11

12
13. For such other and further relief as the court deems

13
proper.

14

15

16

17

18

19

20
Justin J Harjo
21
Dated: June 3, 2019
22
JUSTIN J HARJO PLAINTIFF IN PRO PER
23

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PLAINTIFFS FIRST AMENDEND COMPLAINT

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PLAINTIFFS FIRST AMENDEND COMPLAINT