Pending Lawsuit by Olmos to Nullify Owners’s December Vote

Attached is the lawsuit filed by Jesus Olmos on MY 8, 2026. They seek to nullify the December assembly meeting we held to replace Olmos as Administrator. Besides me Olmos is suing the Norario 4 and the Public Register.

There are many flaws in this lawsuit. Olmos’s attorneys seem to be quite ignorant of not only the by-laws but also the Baja Condo Law. They cherry pick various clauses and conveniently leave out others.

First off, who are the attorneys listed? One is Juan Ygnacio Reyes Retana. Remember this guy? He has a huge conflict of interest (COI). He has admitted on several occasions that he represents Pat Butler and now says he represents our HOA via Olmos. He is violating the ethical code of his licensing board. We will seek to get him dismissed and license suspended.

The other attorneys are Butler’s long-time defenders.

FALSE CLAIMS

Olmos makes false claims and cites pseudo facts in his pleadings, misquoting various CLAUSES of our Articles of Incorporation (by-laws).

ELEVENTH CLAUSE

Ordinary General Meetings SHALL be held every 6 months, yet they have NOT complied. They have NOT complied with the requirement of sending a “written report to every member’s registered address” when the semi-annual meeting could not take place. Why? Excuses galore.

THIRTEENTH CLAUSE

I. They shall be presided over by the Administrator, OR, by a person designated by the meeting in his absence. This was done at our meeting.

FOURTEENTH CLAUSE

This is the clause the highly biased attorneys fail to explain fully. Notice there is NO MENTION of a requirement to MAIL OUT notices to each member! I attempted to do so but Olmos and Roberto Islas refused to do so. I placed notices on the bulletin board just outside the HOA office, at the pool, and various other places on the ranch. They were all torn down by orders from Ricardo Perez to his security staff. I also put notices at Sun Runner, and in certain social media (not required).

Between notices…This is where the attorneys have purposely failed to read the two Amendments of 2005 and cite the change from 30 minutes to 10 minutes. In addition, Islas has ignored this requirement in his past meetings so why hasn’t he been targeted/counseled?

Minutes of the meeting…Olmos claims the Notario did not list the individual members voting. She (Norma) has all those original paper ballots and instead of listing them all (due to the new Federal Privacy Laws), she gave a total. Considering that the votes were an overwhelming YES to replace Olmos, she merely stated that it was a simple majority. Completely legal. These Olmos attorneys WILL NOT prevail in getting the Notario to reverse her Escritura (Public Deed).

Participants in the Extraordinary General Meeting…This is where Olmos’s attorneys get it wrong again. The list of those members is protected by Federal privacy laws, so their disclosure is not allowed. Instead, the Notario has them in her possession and has certified their existence.

Voting on the Resolutions…Olmos’s attorneys argue that the voting is not in compliance with the by-laws. As stated above, the members voted by simple majority to terminate Olmos. If a new meeting were held today, the vast majority of owners would terminate Olmos, but he will never concede that to be true.

PREVENTATIVE RECORDING

Here Olmo’s attorneys argue that their complaint (lawsuit) merits being placed into the Public Registry but fails to state the justification. They then cite a bogus “thesis” and fail to recognize this issue is NOT ABOUT OWNERSHIP OF REAL PROPERTY! The legal dispute is about Olmos being terminated as the Administrator.

LAW

Interesting that Olmos’s attorneys fail to cite any relevant clauses of the Baja Condominium Property Regime Law. I wonder why? Doesn’t fit their narrative?

JURISDICTION

This is where we do agree, that the San Felipe Municipality has ZERO capable staff to perform any type of arbitration. The City is as corrupt as the Judicial branch. The civil judge likely to rule on this lawsuit, Felix Francisco Ochoa, Fuentes, is likely corrupted by Olmos. Whatever decision he makes is likely to be appealed.

Keep in mind that Olmos will be stripped of the millions of dollars he and PB get from our HOA, if he loses this lawsuit. We must prevail. Dues increases for 2027 will be most likely. You really want that?

I again thank those that continue to support my efforts.

If you want to donate to fund the legal expenses, please use Zelle OR make a check/money order to me and send to PO Box 9011, PMB 355, Calexico, CA 92232. If using Zelle, be sure to spell my name correctly, Michael L Bennett.

For those who post fake news that I have not spent the money wisely, I can address that individually if you email me. I don’t want to post any details on the website because Butler’s shills/moles love to spread garbage in FaceBook groups. I don’t use that social media much anymore since I was jailed by Olmo’s buddies at the state Fiscalia in San Felipe. They were the ones who ransacked our house on May 20th.

Hope you have a good summer.

Michael

Responses

  1. Sean Herrin Avatar

    Thanks! Keep fighting!

  2. Kress McKinney Avatar

    Thanks for the update. Hang in there. I know we are here to support you.

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