Category: News

Last week COMET’s counsel set up a GoFundMe page, called “SAVE MENTONE NOW!” and it seeks a modest $15,000 to retain or give a down payment for legal fees, in order to associate in bigger-name lawyers. “I’m an old lady, a solo practitioner, not well known in the courthouse, and up against a big name law firm. I don’t know how the Court will rule on Redlands’ and LAFCO’s demurrer,” [Ed.’s note: see previous article on the January 15 demurrer hearing] she said, “but I think a big name law firm might be more impressive and get us farther,” she told COMET/Chamber members attending Tuesday night’s teleconference.
COMET’s attorney for the lawsuit against Redlands is donating her professional time to research Redlands’ activities and prosecute the lawsuit and has donated most of her office supplies, all of her postage and gasoline to take documents to the courthouse in order to save COMET dipping into its meager funds. “If the court does not completely throw out COMET’s lawsuit, COMET will have to pay for publishing the Amended Summons in an adjudicated newspaper near Redlands, which will cost $200 for four weeks; that will have to come out of COMET’s funds,” she concluded. Fundraisers usually provide funds for COMET’s activities but they are currently on hold because of the pandemic.
Readers who can donate to the GoFundMe page in these difficult times encouraged, to do so. Additionally, everyone is invited to join the Chamber, at $25 per year, and COMET membership is included.

	C.O.M.E.T. (Community of Mentone Empowered Together") appeared  in Department S -23 of the San Bernardino on January 15, 2021 at the hearing on Demurrers filed by Defendants City of Redlands and San Bernardino Local Area Formation Commission (“LAFCO”). "The demurrers challenge the sufficiency of C.O.M.E.T.’s Second Amended Complaint in writing filed with the court.  In other words, they are trying to get the case thrown out of court,” stated C.O.M.E.T.’s counsel for the case. “LAFCO’s demurrer is identical to the City’s, and both defendants are represented by the same law firm: Best, Best & Krieger,” even though I believe they have very different positions and roles,” she continued. “I pointed out what I consider the wrongful enmeshment of the two agencies.”  
	“The demurrer document argues that C.O.M.E.T. fails to state facts sufficient to constitute a cause of action, on each of the eight causes of action,” C.O.M.E.T.’s counsel continued, “That means that not all of the ‘elements,’ or requirements, of each cause of action doesn’t have enough facts stated in them. However, I was careful to allege facts for each. The bottom line of what the Defendants have argued is that C.O.M.E.T. is ‘out of time’ because it didn’t sue within 60 days of each of the annexations. 
	“The judge’s several pages of notes that he referred to in the hearing indicated that he had read at least some of the documents but he asked counsel for each party to state the most important issues but not to re-argue the entire case. Redlands’ counsel stated that C.O.M.E.T. did not possess standing - "the 'right to sue'," she continued.  C.O.M.E.T.’s counsel countered with the fact that the annexation “agreement” is binding on all “successors in interest,” such as homeowners or business owners that purchase from the developers, who would be required to comply with the annexation "Agreements."  C.O.M.E.T., representing all residents and property owners, thus steps into the developers’ shoes, its counsel argued.  
	Redlands next argued that C.O.M.E.T. was “not injured” by the forced annexations into Redlands’ city limits. C.O.M.E.T.’s counsel countered that Mentone has lost a lot of territory so it has definitely been injured.  Redlands also argued that the “reverse validation” action was too late, going back to 1956. “This was Mentone territory going up Wabash, across the top of Mentone and way out Mill Creek; the newspaper at the time called it Redlands' ‘East Lugonia’ annexation,” says C.O.M.E.T.’s counsel. She countered that Mentonites would have to know of the annexations before challenging them.  Redlands also mentioned “excusable neglect” as a means of relief from the statute prohibiting C.O.M.E.T.’s  case but C.O.M.E.T. argued that it would not be locked into that one of four possible methods of relief from late claims, with “surprise” being more applicable. Redlands’ last argument was that C.O.M.E.T. had not complied with the claims process before filing suit. C.O.M.E.T. countered that it had complied with the claims process. 
	LAFCO was then invited to argue under the same terms: it argued that C.O.M.E.T. had not complied with the claims process; C.O.M.E.T. replied that it was not aware that LAFCO had a claims process. “This is the first time LAFCO has raised that question; it actually just adopted Redlands’ position and it’s likely LAFCOs counsel was confused,” said C.O.M.E.T.’s counsel. LAFCO also argued that it was not a party to the annexation “Agreements,” that the Reverse Validation cause of action was untimely and the “when and how” of the complained-of events were not given. C.O.M.E.T. countered that LAFCO approved the wrongful “Agreements,” that the “timeliness” was already explained and that the Second Amended Complaint, which the Demurrers challenge, contained the “why and how.”   
	The Honorable Donald Alvarez stated he would issue a written decision. “Judges do that in complicated cases such as ours and also when they don’t want counsel arguing against their decision when it is announced in the hearing,” C.O.M.E.T.’s counsel concluded. 
	Readers wishing to view the actual documents are invited to ask mentonematters@aol.com and the actual documents will be forwarded to them by e-mail. 
MM

Mentone Matters was requested by the De La Rosas to post these corrections (Ed. : readers will have to decipher the content for themselves and some of it is not familiar to MM, whose editor/publisher was present at the meeting, although the count sounds right):

“Corrections Please. Post
“There were 9 total present to vote with 5 current Officers present. Gabe did not vote so the vote was 8 people Final count 6 to 2
“Guieterrz said incoming if VICE President should be business owner and he will verify if editor calls him that he thought the Current Vice President should move to President. Which is why Gabe was voted in. Bylaws state voting is necessary to fill ANY vacancy . VP does not become President automatically
“There will not be a teleconference vote for VP Chair unless both Vice Pres-Chair or any other nominees for Vice Pres Chair agree to a VOICE vote rather than a private ballot vote. PER BYLAWS If anyone wants ballot that is on the board then ballot has to be choice” MM

Since David Wilder resigned as president of the Chamber of Commerce in December, eleven persons met at the Mill Creek Cattle Company in Mentone on Tuesday night, January 12, to elect the new Chamber president. Crafton Hills College Political Science professor Steve Hellerman and MACA vice-president J.P. Gutierrez had been nominated but both withdrew their names from consideration, leaving Chamber Vice President (and MACA President) Gabe De La Rosa as the only candidate. Gutierrez’s reason for not running for president was that he thought a business owner should be president. Hellerman, who was not president, did not state a reason for rejecting his nomination.

According to the Chamber’s bylaws De La Rosa moved into the position of de facto president until the Chamber’s regular election in October 2021, which the vote confirmed. There were six votes for De La Rosa and two votes for Joyce Rapp.

Some voters qusetioned why the vote was needed, if De La Rosa was already de facto President. Others stated a vote had to be taken.

Chamber members were given one week in which to nominate candidates for Chamber president before nominations closed and the vote meeting was held.

Jan Orbaker, a local rancher, offered to be vice president and was present at the meeting. One other such volunteer was not present. Orbaker, whose late husband was the MACA vice-president, will be voted on at the Chamber’s meeting by phone on the lat Tuesday of this month at 7 p.m.

Mentone Matters regretfully publishes the following:

“I am writing to notify you of my decision to resign as President of the Mentone Chamber of Commerce, and the Chairman of COMET.

“I am aware that the Board authorized the Film Festival without approval of the County Health Department.  I thought we had agreed in October, at our monthly meeting, that we would not support community meetings.  I was not informed until mid-December that the event took place.  I am also aware that you intend on holding in person meetings of both organizations.  I will not support that decision.  While a significant segment of Mentone believes that COVID-19 is not real, I have lost some good friends to this awful disease.  I also have over a dozen friends that have become ‘long-haulers’ after surviving the disease.

“I have also learned that Gabe [Ed.’s note: Gabe De La Rosa, Chamber Vice-president and COMET Vice-chairman] has been authorized to negotiate, and sign, contracts on behalf of the Chamber.  I have learned of this by accident.

“No matter what I attempt to send to the members it is rebranded under Gabe’s signature.  None of the materials sent to the Chamber members are sent to me.  I have been receiving information by forwarded emails.

“I have no desire to sit through a vote of ‘no confidence’.

“My resignation is effective 28 December 2020.  This allows adequate time for the Board to set up either their in person meeting, or another way of meeting.

“I wish you all good health.

David W. Wilder”

Wilder explained his concern in a separate e-mail to mentonematters@aol.com:
“My concern is that as the President of the Chamber I can be held legally responsible for all actions of the Chamber.  If I am not even informed of what is going on, I could lose everything that I have.  Ignoring the County, and State, stay at home orders is a serious issue.”

Wilder was nominated in 2018 by Pastor George Everett, who was President/Chairman for several years prior but decided to step down. Wilder was secretary of both organizations for 15 years prior to his election.

Wilder, who is legally blind, is also a member of the California Senior Legislature as a Senior Senator; was recently appointed by the Director of the California Department of Aging to serve on the State Aging and Disability Resource Connection Advisory Committee; serves on the Board of the Health Insurance Counseling and Advocacy Program Board of Directors; is the elected Vice-Chair of the County Senior Affairs Commission and chairs the Access Committee; is President of the Senior and Disabled fund of San Bernardino County and the Vice President of Rolling Start Inc., the Independent Living Center for San Bernardino County. He travels to Sacramento each year to participate in Senior Legislature business.

Anyone is eligible and welcome to join the Chamber and COMET, which stands for “Community of Mentone Empowered Together,” even if they don’t own a business. Chamber dues are $25/year.

This came from Global Energy Services, Inc.:

“Southern California Gas Company’s (SoCalGas) CLEO program is tailored to customers to save energy and lower their electric, gas, and water bills.   The program is free to all customers of the Gas Company. Customers pay 3% of their utility bills every month as a Public Purpose Charge. This money funds the free program.   

The CLEO program offers parts and installation of Nest Smart Thermostats, Low Flow Showerheads, Faucet Aerators, and Tub Spout diverters. (A $500 value for free).  Customers must have a current SoCalGas bill in their name.  

Also, if your water heater is over ten years old, the CLEO program offers free installation on qualified water heaters. Customers need to purchase the qualifying Energy Star water heater.  Please call the CLEO Program at 1-888-898-6788 or email Joscelyn@gesusa.org to register for the free offer.  

Also, visit www.socalgas.com/save-money-and-energy for rebates and savings on residential Gas equipment.” MM

Thursday, December 3, Mill Creek Cattle Company will again host the Annual Film Festival, abbreviated this time to one day. Showings are at noon, 2:00, 4:00 and 6:00, with an awards show in the evening. For full information see MentoneFilmFestival.com.

According to COMET’s counsel, before submitting COMET’s Proposed Second Amended Complaint for filing this year, she was required to send a copy to counsel for Redlands and LAFCO. They had already agreed to the filing of the Proposed SAC, and had notified her that they would demur, or challenge, the “sufficiency” of the Proposed SAC. As required by the California Rules of Court, Redlands’ counsel wrote a “meet and confer” letter, addressing every cause of action and arguing that the Proposed SAC, which alleges “Civil Extortion, Declaratory Relief, Rescission and Restitution, Equitable Estoppel, Misrepresentation, Unfair Business Practices, Preliminary and Permanent Injunctions, and Reverse Validation” could not stand up in court. COMET’s counsel replied in writing why the causes of action were justifiably included, and refuting Redlands’ position on each point, with legal citations where necessary. COMET’s counsel offered to delete two causes of action if Redlands and LAFCO would agree not to demur to the remaining allegations. LAFCO did not write a separate letter, but adopted Redlands’ positions. “That raises a question of conflict of interest,” said COMET’s counsel, “where the same law firm is representing both parties, when LAFCO would not have been sued if Redlands had not taken the alleged wrong actions. It also raises a question of whether LAFCO is too close with Redlands, instead of merely performing its ministerial duties.”

She added that the parties’ counsel were then required to meet and confer by phone, which they did, each attorney stating that they thought their client’s position was justified. They could not agree on any subject, so they “agreed to disagree,” and Redlands’ and LAFCO’s demurrers are agreed to be filed by November 30. COMET’s counsel will have until two weeks before the hearing on the demurrer to file an Opposition, and then Redlands and LAFCO will respond in writing before the hearing.

After COMET’s counsel submitted the Proposed SAC, she waited some weeks. She then took another original to the courthouse, with a letter explaining that she had never received the stamped first page back and asking that the clerk expedite the filing. Apparently the clerk did so, because three weeks later COMET’s counsel received the “conformed” first page showing the Proposed SAC had been filed and then the filing of the Proposed SAC was posted on the court’s website.

The Amended Summons, which was required by a change in the names of the defendants, was not so easy. “I submitted it with the original Proposed SAC, but “it was kicked back several times without it being issued,” she explained, “each time with some cryptic reference that I tried to correct. Finally, I just went up to the third floor, where I was able to find a clerk who explained in detail what was wrong and I was able to get the next submission issued.”

“It was very frustrating,” she said, “because, before the pandemic hit, we could go directly to the clerk’s office on the third floor and a clerk would file the documents right then and there or tell me what was wrong, if anything was; I could either correct it then or return with a corrected document. Then, when the pandemic hit, the entire courthouse was closed down for almost two months. When it was opened up again, we had to deliver our documents to a window on the front of the building, where the clerk did not file them but merely received them. The documents then went to a clerk inside somewhere and responses took weeks; there was no information on the court’s website, either, and the Proposed SAC just disappeared – I did not receive a stamped copy of the first page of it, showing it was filed. Thus, in September I had to take another original of it and again drop it off. This was after nearly two months of trying to get LAFCO’s counsel’s written agreement to file it. Finally, it was filed on the date I submitted it, as I learned three weeks later when I received the filed first page back and it was then posted on the court’s website.

The original Complaint was filed in May 2019, but, with delays waiting for the California Attorney General to decide whether to allow COMET to file a particular cause of action, and other challenging events such as obtaining LAFCO’s counsel’s cooperation, it appears the case finally may be on its way toward being litigated. MM will detail the conflicts in the parties’ positions in a later article. MM

From the Chamber of Commerce:

The Mentone Chamber Adopt A Highway Program will clean up the boulevard one more time this year. If you would like to volunteer please email back at this email or Call the chamber to confirm: 909 362 7860. New volunteers please come 15 minutes early to watch a safety video.

WHEN:  SATURDAY NOVEMBER 14TH

WHERE  1911A MENTONE BLVD.

TIME:     8:00 A.M.  (OR YOU CAN ARRIVE 7:30 A.M.)

WHY:   REMOVE TRASH AND OTHER DEBRIS ON OUR TOWN’S MAIN STREET/HWY.” MM

American Pickers (on the History Channel) was scheduled to come to Mentone in May but had to cancel because of the pandemic. MM just learned the show’s stars and their team are coming back to California in December (no specific date given yet) and are “looking for leads throughout the state, specifically interesting characters with interesting items and lots of them!” according to its New York Agent’s office. “American Pickers are taking the pandemic very seriously and will be following all guidelines and protocols for safe filming as outlined by the state and CDC,” it continued. They “will continue to re-schedule if conditions change for the worse.

“Regardless, we are excited to continue to reach the many collectors in the area to discuss their years of picking! Please keep in mind, we are looking for different, unusual, and unique items too – something we’ve never seen before and with an interesting story! People who are interested “reach out to us on our phone number 1-855-OLD-RUST (653-7878), or our email, which is AmericanPickers@cineflix.com. We also have Facebook: @GOTAPICK. Mike and Frank only pick private collections so NO stores, malls, flea markets, museums, auctions, businesses or anything open to the public.

According to its press release “AMERICAN PICKERS is a documentary series that explores the fascinating world of antique ‘picking’ on History. The hit show follows Mike and Frank, two of the most skilled pickers in the business, as they hunt for America’s most valuable antiques. They are always excited to find sizeable, unique collections and learn the interesting stories behind them.

“As they hit the back roads from coast to coast, Mike and Frank are on a mission to recycle and rescue forgotten relics. Along the way, the Pickers want to meet characters with remarkable and exceptional items. The pair hopes to give historically significant objects a new lease on life, while learning a thing or two about America’s past along the way.
Mike and Frank have seen a lot of rusty gold over the years and are always looking to discover something they’ve never seen before. They are ready to find extraordinary items and hear fascinating tales about them. AMERICAN PICKERS is looking for leads and would love to explore your hidden treasure. If you or someone you know has a large, private collection or accumulation of antiques that the Pickers can spend the better part of
the day looking through, send us your name, phone number, location and description of the collection with photos to: americanpickers@cineflix.com or call 855-OLD-RUST, Facebook: @GotAPick”.

Or, if you prefer, you can call the Chamber office at 909 362 7860 to sign up for the show.

The items they purchase are re-sold in their shop named “Antique Archeology,” and located in Iowa.

If interested readers don’t have a large collection, maybe they can bring their treasures to a central location and the Pickers team can see more to buy but save travel time. MM