Local News

December 24th, 2009

Howard Kaloogian, Former Assemblyman, Charged in Criminal Complaint by Client

The San Diego Minutemen, one-time clients of Kallogian & Fuselier LLP of Carlsbad, have filed a complaint with the Carlsbad Police Department, alleging criminal charges against their law firm. The organization has been attempting to collect almost $100,000 from their settlement payment from Caltrans, as part of an action where the group had filed suit against Caltrans for taking down their public service signs on California freeways.

According to emails from Bob Fuselier, partner in the law firm, Kaloogian & Fuselier LLP of Carlsbad, to the San Diego Minutemen in November, Caltrans mailed the settlement check for $157,500 to their law firm in late October. The check was made out to the "San Diego Minutemen and its attorneys of record." According to the Minutemen organization, Fuselier admits he deposited the check without SDMM's endorsement into an undisclosed bank account and refuses to tell the group where the money is supposedly being held. According to the organization, Fuselier also admits to withdrawing $60,000 for attorneys fees they claim are owed to them in the Caltrans lawsuit case, an amount the group believes is highly inflated.

After more than six weeks, and countless written demands by SDMM for their portion of the settlement money, Kaloogian & Fuselier have still refused to make the payment to the group. The Minutemen claim Kaloogian & Fuselier have been paid in full $105,000 for their services on the Caltrans lawsuit, which consisted of a total of one injunction hearing and two depositions in 2008. Caltrans settled the case with SDMM out of court on Aug. 3.

The criminal complaint filed Nov. 30 by SDMM alleges that former California State Assemblyman, Howard Kaloogian has illegally appropriated and/or stolen approximately $100,000 belonging to the San Diego Minutemen from the non-profit group’s settlement award from Caltrans in late October.

"We feel robbed, betrayed, and violated by attorneys we thought were working for us and our secure borders cause,” said Barry Shipley, SDMM's Operations Director. "Up until about 6 weeks ago, we were told by Mr. Kaloogian that we would have a substantial award coming to us from Caltrans to use for our political activism. They lied to us and are withholding funds that rightfully belong to the San Diego Minutemen."

Jeff Schwilk, founder of the organization said: “To our hundreds of dedicated volunteers, this appears to be pure greed by lawyers who had been hoping for a 7-figure settlement with the state, but were unable to get it after they botched the case and missed their discovery deadline in July."

SDMM is a non-profit volunteer group formed in 2005 to demand that the federal government secure our borders and enforce our immigration laws. The group says that they have been counting on these award funds to increase their activism, educate the public, and to help elect good, pro-border security and law enforcement candidates into office.

“We are extremely dismayed that Kaloogian is attempting to pocket the entire Caltrans award plus the $45,000 they were paid prior to the settlement – they have a total of $202,000,” according to Shipley. “SDMM is pushing the state bar and the justice system to force Kaloogian to release our funds before we must insist on a criminal prosecution against these apparent thieves masquerading as lawyers.”

Kaloogian failed to return any phone calls regarding this case. Carlsbad Police say they consider it a civil case, not a criminal one. Schwilk has indicated they may file a civil suit and has contacted other attorneys to represent them.

Street Light Removal In Oceanside’s Rancho Del Oro Neighborhood

Over the next two months the City of Oceanside will be removing rust-damaged street light poles in the Rancho Del Oro (RDO) neighborhood located on and adjacent to College Boulevard between State Highway 76 and Oceanside Boulevard. To date the City has surveyed approximately 30 percent of the area and found 40 street light poles to be structurally unsound. 25 of the 40 have been removed with the total number of removals yet to be determined.

The RDO street poles in question are the responsibility of the RDO Home Owners Association (HOA); however, due to concerns over the structural integrity of the poles, the City is removing the poles to avoid a potential safety hazard.

The poles were installed during the original development of the area in the early 1980s. Many of the poles have rusted which could make them unstable during high winds.

The RDO HOA, through its Street Maintenance Agreement with the City, is responsible for the full cost to replace the street lights. The City is in discussions with Prescott Companies, the property management company for the HOA to remedy the situation.

Oceanside Issues Request for Qualifications for Master Plan of Parks and Recreation Update

The City of Oceanside is soliciting Requests for Qualifications (RFQ) for the update of the Master Plan of Parks and Recreation. The RFQ is due no later than 4:00 pm on January 29, 2010.

The Master Plan of Parks and Recreation was last updated in 1996. The City of Oceanside is seeking a team of park planning professionals to guide an active, public planning process to update the Master Plan of Parks and Recreation. Review and selection of Master Plan of Parks and Recreation submittals is anticipated to occur through the process outlined and described on the RFQ. The RFQ is available on the City of Oceanside Web site at www.ci.oceanside.ca.us.

Oceanside to Hold Discussions about Mission Avenue Improvements from Horne Street to Coast Highway

The City of Oceanside has been working on a Walkable Communities Plan for the downtown area in an effort to link parking and public transit to activity centers downtown, increase pedestrian activity, improve pedestrian access and safety, and make the downtown more attractive for pedestrians.
The City will hold a workshop on the proposed Mission Avenue Improvements from Horne Street to Coast Highway on Thursday, January 7, 2010, at 6:00-8:00 p.m. in the Library Community Rooms, located at 330 North Coast Highway.

The possible alternatives for improvements to Mission Avenue will be discussed. The City has retained Kimley-Horn and Associates to explore five different alternatives to the traffic circulation of Mission, which included; one-way streets, two lanes, four lanes and roundabouts or traffic circles and Kimley-Horn shall be presenting the results of the traffic analysis and will be soliciting input from the public. In addition to the traffic circulation of Mission, these improvements may also include canopy trees, street furniture and art features.

The City has already completed several downtown street enhancements such as new lighting, landscaping and bike racks. The meeting will be an opportunity for area residents and businesses to express their opinion about the proposals.

Party House Linked to Fatal Car Crash Coming Down

An abandoned guard shack in Harmony Grove that was used as a party house by youngsters will be demolished after being linked to a recent car crash that killed a young man.

A spokesman for the building’s owner, Santa Monica-based developer New Urban West, said yesterday that the company is making arrangements to tear down the structure in unincorporated Escondido. The company will also clean up the rest of the 10-acre property at 2070 Country Club Drive to deter trespassing, said senior vice president Tom Zanic.

On Friday the county faxed and mailed a public nuisance abatement notice to New Urban West, giving the developer one week to demolish the guard shack, board up or demolish the metal storage building, which has three walls, and clean up the graffiti and trash and remove abandoned cars.

The property is on the eastern side of a proposed 468-acre development, Harmony Grove Village. Pamela Garofolo said her son, Jeffrey David Hodson, had just turned 18 when he went to the party, although he had told her he was going camping at Lake Dixon with friends.

Darryl Hebert Appointed Acting Fire Chief

Division Chief Darryl Hebert was recently appointed Acting Fire Chief in the City of Oceanside. Hebert, a 21 year veteran of the Oceanside Fire Department, will fill in until a permanent replacement for former Fire Chief Terry Garrison can be found. The City has embarked upon a nationwide search for Garrison's replacement.

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