September 20, 2005

ASK FRANK IWAMA, ESQ.

On 09/20/05, Permittee S.J. inquired:

Frank,

Prior to submitting money to help Pleasure Cove permittees I wanted to see the legal action that was going to be taken.  I have read the Injunctive Release and don't understand how it fights for anyone but the Brauns.  If I provide financial support I want to know how your work on behalf of the Brauns helps me.

Thanks for your extensive work to date. 

S.J.                                                                                                               ----------------------------------------------------------------------------------------------
From: Frank Iwama [mailto: frankiwama@gmail.com]
Sent: Tuesday, September 20, 2005 3:02 PM
To: S.J.
Cc: Oscar Braun
Subject: Re: Pleasure Cove

S.J.,

Thank you for your e-mail concerning the legal action against BOR and your question how this case helps you if you provide financial support for the litigation.

First, please understand that financial contributions to CWP's legal action fund are strictly voluntary.  CWP is requesting voluntary financial contributions from individual long-term permittees because there is no formal association or organization of permittees at Pleasure Cove Marina. 

Practically speaking, it is not only cost effective but strategically prudent for all permittees to stand together as a group to fight BOR's unlawful action at Pleasure Cove Marina.  Since the legal fight against BOR affects the private property rights of all permittees, CWP decison to request voluntary financial contributions from individual permittees is based on the concept that each beneficiary should contribute their fair share of the out-of-pocket litigation expenses.           

As a permittee, you have the choice to accept BOR's unilateral mandate to permanently remove privately owned personal property (mobile homes, boat docks, etc.) from Pleasure Cove Marina on November 1, 2005.  By signing Forever Resorts' Site Rental Agreement and/or the BOR-Lake Berryessa Mobile Home, Travel Trailer, Disclosure Agreement Form (3/30/2005), you have contractually agreed to BOR's termination date of November 1, 2005.  In this event, you must be prepared to cease use of your mobile home on November 1, 2005, and remove your mobile home, site improvements, and private property from Pleasure Cove Marina by December 15, 2005. 

For permittees that disagree with BOR's authority to order the permanent termination of private personal property rights on November 1, 2005, CWP filed a complaint for declaratory and injunctive relief yesterday with the U.S. District Court, Northern District of California, San Francisco, challenging BOR's legal basis and authority for the announced taking of permittees' private property rights.  As a direct result of the court filing, BOR has voluntarily agreed to decline taking immediate action to deny permittes access ("lock out") to Pleasure Cove Marina as previously noticed in Pete Lucero's, Park Manager, Lake Berryessa, letter dated September 7, 2005.

In response to your question regarding the Brauns as the named party in the limitation against BOR, the Brauns were named because they were willing to serve as plaintiffs and have legal standing to challenge BOR's actions at Pleasure Cove Marina. The legal issue raised in plaintiffs' complaint for declaratory and injunctive relief, however, addresses the legality of BOR's actions that affects all permittees at Pleasure Cove Marina.  In essence, a favorable court ruling will prevent BOR from taking the action to permanently terminate private property rights of all permittees at Pleasure Cove Marina on November 1, 2005.

Best regards.

Frank A. Iwama

Tel:(650) 591-6200

E-mail: frankiwama@gmail.com
----------------------------------------------------------------------------------------------On 9/20/05, S.J. wrote:

Frank,

Thanks for the response. So are you saying by having the Braun's win their case the rest of the permittees will not have to take any legal action on their own?

To date I have not signed anything but I did pay rent.  I felt they were providing a service and deserved to be paid.  Also in the event the courts do not rule in favor of the Braun's I didn't want to jeopardize my ability to obtain a houseboat slip at Pleasure Cove where I am number 2 on the list to obtain a permit.  According to PCM if rent was not paid then they would not look favorably at providing a houseboat slip to me.

S.J.
----------------------------------------------------------------------------------------------
S.J.,
 
Although the Braun's case is not technically a class action filing (i.e. brought as representative plaintiffs for all parties with the same or similarly situated interests), the complaint for declaratory and injunctive relief directly addresses BOR legal issues that affect all long-term permitees at Pleasure Cove Marina.  As such, a favorable court ruling will, as a practical matter, require BOR to reconsider and rescind the applicability of its unilateral mandate for the permanent removal of private personal property owned by permittees at Pleasure Cove Marina.
 
The payment of site rental payments to Forever Resorts does not pose or create any significant legal problem. The real issue is the signing of Forever and/or BOR's agreements because such action could be construed as a legal waiver, acknowledgment, and consent confirming the permittee's acceptance of BOR's November 1, 2005 termination date.  Best regards.
 
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com  
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          LEGAL WARNING FOR PCM PERMITTEES

From: Frank Iwama <frankiwama@gmail.com>
Date: Sep 20, 2005 4:52 PM
Subject: Fwd: disclosure
To: Hank Howard <hazmatking@aol.com>
Cc: Oscar Braun <oscar@cwposse.org>
 
Hank,
 
Thanks for forwarding the attachment of BOR's agreement ["Bureau of Reclamation - Lake Berryessa Mobile Home, Travel Trailer, Disclosure/Agreement Form" (form dated 3/3/2005)]. 
 
Both BOR's form and Forever Resort's site rental agreement constitute attempts to have permittees acknowledge and consent to BOR's unilateral November 1, 2005 termination date for the use of mobile homes at Pleasure Cove Marina.  
 
LEGAL WARNING TO PCM PERMITTEES:  Do not sign either the Forever Resorts or BOR agreements with the November 1, 2005 termination notice until the pending legal action is resolved. 
 
If there is undue pressure to sign these documents under threats by either Forever Resorts or BOR, please immediate contact CWP for recommended action in addressing this issue.
 
Thanks.  Best regards.
 
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com