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Concerned Listener Slate Member Sued for Fraud By Pacifica Shareholders
Pacifica Shareholders Sue Concerned Listener Local Station Board Member Daniel Siegel for Fraud in a Shareholders Derivative Suit. The Exhibits Demonstrate the Double Standards Siegel Applied While Working for Pacifica. Any Damages Obtained From Siegel Will Go to Pacifica. Pacifica is Only Named as a Defendant for Notice Purposes. ( A format change has caused the spacing to be a little different from the original)
RICHARD PHELPS (SBN 103141)
Attorney at Law
405 14th Street, Suite 508
Oakland, CA 94612
Telephone: (510) 268-9919
Facsimile: (510) 268-0368
Attorney for All Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
UNLIMITED JURISDICTION
DANIEL BORGSTROM; CAROLYN BIRDEN; ROBERT ENGLISH; LINDA HEWITT
Plaintiffs,
vs.
DANIEL SIEGEL; SIEGEL & YEE; PACIFICA FOUNDATION and DOES 1-100
Defendants
________________________________/
Case No.: RG10502520
FIRST AMENDED COMPLAINT FOR DAMAGES FOR FRAUD, CIVIL CODE SECTIONS 1709 & 1710 AND REQUEST FOR DAMAGES AND EQUITABLE RELIEF FOR UNFAIR BUSINESS PRACTICES, BUSINESS & PROFESSIONS CODE SECTION 17200 ET SEQ
PLAINTIFFS ALLEGE:
1. Defendant DANIEL SIEGEL, hereinafter referred to as "SIEGEL" is, and at all times herein mentioned was, a resident of Alameda County, California, an attorney licensed to practice law in the State of California and a partner in the firm of SIEGEL & YEE.
2. Defendant SIEGEL & YEE is a law firm doing business in California with its office in Alameda County, California at all times mentioned herein.
3. Defendant PACIFICA FOUNDATION, hereinafter referred to as "FOUNDATION", is, and at all times mentioned herein was, a non-profit corporation duly organized and existing under the laws of the State of California and has its principle place of business in Alameda County,
California. The FOUNDATION has five radio stations, KPFA in Berkeley, KPFK in Los Angeles, KPFT in Houston, WBAI in New York and WPFW in Washington D.C.
4. Plaintiffs are ignorant of the true names and capacities of defendants sued as DOES 1-100, inclusive, and therefore sues these defendants by such fictitious names. Plaintiffs will amend the complaint to allege their true names and capacities when ascertained.
5. At all times herein mentioned each of the DOE defendants was the agent and or employee of each of the remaining defendants and was acting within the scope of such agency or employment when they participated in the wrongful acts or failures to act that caused the FOUNDATION to suffer damages.
6. At all times herein mentioned, and at the time of the wrongful conduct complained of herein, plaintiffs were voting members of the FOUNDATION as defined by the FOUNDATION Bylaws,
Article Three, Section A:
"Listener-Sponsor Members" shall be any natural persons who within the preceding 12-month period: (1) have contributed a minimum of $25 to any Foundation radio station, or such minimum amount as the Board of Directors may from time to time decide; or (2) have volunteered a minimum of three (3) hours of service to any Foundation radio station...."
FIRST CAUSE OF ACTION-FRAUD
7. By this reference, Plaintiffs hereby reallege and incorporate into this Cause of Action each and every allegation contained in paragraphs 1 through 6 of this Complaint as if fully set forth herein.
8. In 2006 defendant SIEGEL sought and obtained the position as counsel for FOUNDATION. At that time he failed to disclose that his true intention was to represent and support a faction in FOUNDATION 's internal politics at the expense of the FOUNDATION whenever they were in conflict. SIEGEL withheld this information to induce the FOUNDATION to hire him and his firm, SIEGEL & YEE, to maximize his ability to support his faction and their goals. SIEGEL kept his true agenda secret until he resigned in January 2009. Shortly after he resigned he ran for office on a slate with his faction and defamed the then leadership of the FOUNDATION, accusing them of ethnic cleansing when he knew such allegations were untrue. His conduct as demonstrated with examples herein was to support the goals of his faction and not the FOUNDATION. The FOUNDATION's reliance on his direct or implied representations that he was working for the best interest of the FOUNDATION, while withholding his true intentions, cost the FOUNDATION countless hours of lost or wasted work and tens of thousands of dollars in unnecessary and or unproductive attorneys fees, costs and expenses.
9. From his position as FOUNDATION counsel he convinced the board of directors to let him also be Interim Executive Director (IED) for some periods of time when that position was vacant and used his power as IED to put his faction's goals above the best interests of the
FOUNDATION. This also denied the FOUNDATION of an independent legal opinion.
10. The following are some of the actions SIEGEL took that demonstrate his loyalty to his faction over the FOUNDATION:
a. Contrary to the past practice of FOUNDATION management, SIEGEL used his position as IED to attack a slate running against his faction at KPFA by posting a condemnation of the opposing slates' candidate statements on the FOUNDATION web site in October 2007, Exhibit 1.
SIEGEL's condemnation conflates the KPFA opposing slate's writings with some alleged race baiting at WBAI by an opponent of his factions allies at that station. He accused the opposing KPFA slate of "...personal attacks on their opponents and station staff". SIEGEL's letter does not give an example of a personal attack and when later asked to demonstrate one he has always declined to do so. Compare his condemnation under color of authority to his own candidate statement when he ran for FOUNDATION office at KPFA in 2009. Exhibit 2. The national election supervisor refused to publish his dishonest charge of "ethnic cleansing" and then SIEGEL produced a slightly changed candidate statement. Exhibit 3. The new statement maintains the dishonest attack with milder language.
b. In February 2008 SIEGEL directed station management to deny a FOUNDATION director her right to inspect FOUNDATION property and documents; the director was an opponent of SIEGEL'S faction. Director's Inspections are a tool available for a director in fulfilling her/his fiduciary responsibility. Director's Inspection rights are specifically allowed in the
FOUNDATION Bylaws at Article 12, Section 3:
"Every Director, or his or her designated agent, shall have the absolute right at any reasonable time to inspect and copy all of the Foundation's books, records and documents of every kind and to inspect the physical properties of the Foundation. "
c. When a station manager, who was an ally of SIEGEL'S faction, was sued for sexual harassment and retaliation he took the following actions that are contrary to "established best practices" in employment law to protect his ally, despite putting the FOUNDATION in jeopardy:
i. He did the investigation and interviews of the witnesses himself instead of hiring an independent investigator.
ii. He interviewed the witnesses regarding allegations of sexual harassment and retaliation against the station manager in the station where the accused station manager could see who was being interviewed and the witnesses knew she could see who they were.
iii. Despite the allegations of intentional torts against a FOUNDATION employee SIEGEL answered the law suit and represented both the accused station manager and the FOUNDATION despite the obvious potential conflict of interest regarding punitive damages.
iv. SIEGEL did not attempt to stop the FOUNDATION board of directors from issuing a public statement praising the station manager during the law suit against her for sexual harassment and retaliation. Exhibit 4. SIEGEL had to know that the statement could be construed as ratification of the station manager's alleged intentional torts.
11. In the Fall of 2007 SIEGEL interfered with the election at WBAI to advance the chances of his faction's allies to get elected.
SECOND CAUSE OF ACTION-UNFAIR BUSINESS PRACTICES
12. By this reference, Plaintiffs hereby reallege and incorporate into this Cause of Action each and every allegation contained in paragraphs 1 through 11 of this Complaint as if fully set forth herein.
13. By engaging in the business practices described above, fraud, deceit and taking fees under the guise of working for the FOUNDATION when in fact they were working for the goals of their faction, Defendants SIEGEL and SIEGEL and YEE have engaged in unlawful, immoral , and unfair business practices with respect to the FOUNDATION and other members of the public in violation of Business & Professions Code 17200 et seq.
14. SIEGEL and SIEGEL & YEE continue to seek payment for time fraudulently spent on their own goals and not for the FOUNDATION and they continue to work in California.
15. The FOUNDATION suffered actual harm by virtue of Defendants' unfair business practices in that FOUNDATION money and staff time were directed away from work to benefit the FOUNDATION toward work designed to benefit Defendants' faction based on Defendants' deceptive, dishonest and self-serving advice.
16. SIEGEL'S conduct, as described above, was despicable and was intentional and or done with a conscious disregard for the rights and security of the FOUNDATION, such that punitive damages are appropriate.
17. Plaintiffs did not make any effort to secure action from the board of directors in prosecuting this action since any such effort would have been futile in that the cause of action is for fraud, a request for action to the Executive Director in 2009 was not responded to, the new Executive Director has not returned phone calls from Plaintiffs' attorney, and the current FOUNDATION counsel has told plaintiffs' attorney that he is against the FOUNDATION taking such action. Additionally, the FOUNDATION is having financial problems and is in the middle of some reorganization. A copy of this complaint has been mailed to FOUNDATION.
18. If plaintiffs are successful in this action, a substantial benefit will result to defendant FOUNDATION on whose behalf this action is prosecuted and if successful plaintiffs are entitled to their attorneys fees based on the common fund doctrine.
WHEREFORE, plaintiffs pray judgment against SIEGEL, SIEGEL & YEE and DOES
1-100 as follows:
1. Damages according to proof for monies paid by the FOUNDATION to SIEGEL and or
SIEGEL & YEE for work done for the benefit of SIEGEL'S faction and for all damages
proximately caused by his fraudulent conduct;
2. Punitive damages in an amount appropriate to discourage such fraudulent conduct;
3. For equitable relief as deemed appropriate by the court;
4. For costs of suit; and
5. For such other and further relief as the court may deem proper.
Date: LAW OFFICE OF RICHARD PHELPS
By_____________________________
RICHARD PHELPS
Attorney for All Plaintiffs
Exhibit one:
An Open Letter to the Pacifica Community From Dan Siegel, Interim Executive DirectorOctober 24, 2007
Dear Friends, Pacifica’s local station board elections have taken a particularly nasty turn. A group of candidates running for the KPFA local board have issued statements that contain little more than personal attacks on their opponents and station staff. A candidate at WBAI engages in blatant race-baiting.As a community and a progressive organization we must ask ourselves whether this type of rhetoric is acceptable. Pacifica has important challenges. We live in a nation whose leaders wage unjust and unpopular wars around the globe, attack our civil rights and liberties, oppose efforts to achieve racial justice and equality for all people, and pursue policies that widen the gap between rich and poor. The often toxic debate within Pacifica restricts our ability to respond to these issues, saps the morale of our hard-working and underpaid staff, and discourages people of good will from participating in our organization.Many people are now calling for administrative and legal responses to abusive candidate speech. We are reviewing our options, but libel laws, difficulties in distinguishing between reasonable criticism and “personal attacks” (as well as deciding who should be empowered to make such judgments), and Pacifica’s tradition of support for free speech make such measures problematic.In the end, Pacifica’s members will decide whether hate speech and hateful speech will be tolerated in our community. We need leaders who will work to improve our programming, broaden our listener base, and attract needed financial support. I urge all of you to carefully review the candidate statements and to cast your ballots for candidates who reflect both your views on how this organization should be run and your values on how democratic debate should occur in a progressive organization that reflects the diversity of our society.Dan SiegelInterim Executive DirectorPacifica Foundation____________________________
Exhibit 2
Dan Siegel
Listener Candidate for the KPFA Local Station Board
Statement
At a time of great opportunity – and great need – for courageous, progressive journalism, Pacifica and KPFA face an internal crisis that threatens to undermine their 60-year-old role as an independent voice for the American left. I have joined the Concerned Listeners (CL) slate to oppose this frightening development and urge KPFA’s listeners to support us in our effort to restore democratic, diverse leadership to our station and to the network.We live in a time of great risk and great opportunity. The American people voted for peace, civil rights, and economic justice in last year’s election. But none of these is assured, as our country remains at war in Iraq and Afghanistan, the administration in Washington appears reluctant to reverse many of the Bush regime’s attacks on the rule of law, and real steps to reverse the growing economic inequities in our society seem like a distant dream. Pacifica and KPFA seem perfectly positioned to inform and mobilize the millions of people who demand the real change that we voted for last November.Instead, Pacifica’s survival is once again threatened by a national board whose main effort appears to be the consolidation of its own power and the elimination of people who hold differing views. Rather than choose an executive director with broadcasting skills and experience, the Board has allowed its chair to fill that role for over six months. Most shockingly, the Foundation’s new leadership is engaged in a campaign of ethnic cleansing directed at African Americans in positions of leadership in the Foundation. Since January, Pacifica has fired its Chief Financial Officer, the station managers at WBAI and WPFW, and the program director at WBAI, all black men. Meanwhile, the organization’s finances and audience continue to decline.I have been a Pacifica activist and supporter for almost 40 years, and was lead counsel in the lawsuit that restored democracy to Pacifica in 2001. I resigned as Pacifica’s general counsel in January 2009 after three years because of my opposition to the direction of the present majority on the national board.As a member of the KPFA Local Station Board, I will work for:1. Appointment of qualified, experienced administrators to serve as Pacifica’s Executive Director and Chief Financial Officer.2. Increased emphasis on the development of diverse, progressive, and high quality programming that includes national and local shows and balances news, public affairs, and cultural offerings.3. The development and execution of a financial recovery plan that will require each station to function with a balanced budget. National and local board members must be held accountable for Pacifica’s fiscal well-being. KPFA’s resources must be protected against efforts to have it serve as Pacifica’s bank.4. A strong focus on expanding our listener base, reaching out to younger listeners, members of all racial, ethnic, sexual, and cultural communities, an effort that requires both better programming and the increased use of digital media.Please support me and all of my dedicated, talented colleagues on the CL slate. ConcernedListeners.Org.
__________________________________________________________
Exhibit 3
Dan Siegel
Candidate for the KPFA Local Station Board
Statement
At a time of great opportunity – and great need – for courageous, progressive journalism, Pacifica and KPFA face an internal crisis that threatens to undermine their 60-year-old role as an independent voice for the American left. I have joined the Concerned Listeners (CL) slate to oppose this frightening development and urge KPFA’s listeners to support us in our effort to restore democratic, diverse leadership to our station and to the network.We live in a time of great risk and great opportunity. The American people voted for peace, civil rights, and economic justice in last year’s election. But none of these is assured, as our country remains at war in Iraq and Afghanistan, the administration in Washington appears reluctant to reverse many of the Bush regime’s attacks on the rule of law, and real steps to reverse the growing economic inequities in our society seem like a distant dream. Pacifica and KPFA seem perfectly positioned to inform and mobilize the millions of people who demand the real change that we voted for last November.Instead, Pacifica’s survival is once again threatened by a national board whose main effort appears to be the consolidation of its own power and the elimination of people who hold differing views. Rather than choose an executive director with broadcasting skills and experience, the Board has allowed its chair to fill that role for over six months. Most shockingly, in my opinion the Foundation’s leadership is engaged in a campaign of eliminating African Americans from positions of leadership in the Foundation. Since January, Pacifica has fired its Chief Financial Officer, the stations managers at WBAI and WPFW, and the program director at WBAI, all black men. Meanwhile, the organization’s finances and audience continue to decline.I have been a Pacifica activist and supporter for almost 40 years, and was lead counsel in the lawsuit that restored democracy to Pacifica in 2001. But I resigned as Pacifica’s general counsel in January 2009 after three years because of my opposition to the direction of the present majority on the national board.As a member of the KPFA Local Station Board, I will work for:(1) Appointment of qualified, experienced administrators to serve as Pacifica’s Executive Director and Chief Financial Officer.(2) Increased emphasis on the development of diverse, progressive, and high quality programming that includes national and local shows and balances news, public affairs, and cultural offerings.(3) The development and execution of a financial recovery plan that will require each station to function with a balanced budget. National and local board members must be held accountable for Pacifica’s fiscal well-being. KPFA’s resources must be protected against efforts to have it serve as Pacifica’s bank.(4) A strong focus on expanding our listener base, reaching out to younger listeners, members of all racial, ethnic, sexual, and cultural communities, an effort that requires both better programming and the increased use of digital media.Please support me and all of my dedicated, talented colleagues on the CL slate.__________________________________________________________
NOTE: The person who was the GM of WBAI is now Pacifica's National Development Director - NES
Exhibit 4
RESOLUTION BY THE PACIFICA NATIONAL BOARD
IN APPRECIATION OF KPFK GENERAL MANAGER EVA GEORGIA
WHEREAS, Eva Georgia has served as the general manager
of Pacifica Station KPFK in Los Angeles for approximately five years
and has demonstrated innovative leadership and dedicated commitment
to the mission of the Pacifica Foundation;
WHEREAS, under Eva Georgia's leadership KPFK's paid and
unpaid staff has become more diverse and its programming has become
more relevant to the needs of the Los Angeles area's diverse
communities;
WHEREAS, under Eva Georgia's leadership KPFK has
provided strong leadership to the Pacifica Foundation and the radio
broadcasting industry in the development of Spanish language
programming;
WHEREAS, Eva Georgia has led KPFK's staff and volunteers
in successful fundraising efforts throughout her tenure at KPFK,
which has substantially increased its membership;
THEREFORE BE IT RESOLVED that the Pacifica National
Board expresses its full and sincere support for Eva Georgia and its
appreciation for her responsible leadership and dedication to the
Pacifica Foundation and its mission.
Attorney at Law
405 14th Street, Suite 508
Oakland, CA 94612
Telephone: (510) 268-9919
Facsimile: (510) 268-0368
Attorney for All Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
UNLIMITED JURISDICTION
DANIEL BORGSTROM; CAROLYN BIRDEN; ROBERT ENGLISH; LINDA HEWITT
Plaintiffs,
vs.
DANIEL SIEGEL; SIEGEL & YEE; PACIFICA FOUNDATION and DOES 1-100
Defendants
________________________________/
Case No.: RG10502520
FIRST AMENDED COMPLAINT FOR DAMAGES FOR FRAUD, CIVIL CODE SECTIONS 1709 & 1710 AND REQUEST FOR DAMAGES AND EQUITABLE RELIEF FOR UNFAIR BUSINESS PRACTICES, BUSINESS & PROFESSIONS CODE SECTION 17200 ET SEQ
PLAINTIFFS ALLEGE:
1. Defendant DANIEL SIEGEL, hereinafter referred to as "SIEGEL" is, and at all times herein mentioned was, a resident of Alameda County, California, an attorney licensed to practice law in the State of California and a partner in the firm of SIEGEL & YEE.
2. Defendant SIEGEL & YEE is a law firm doing business in California with its office in Alameda County, California at all times mentioned herein.
3. Defendant PACIFICA FOUNDATION, hereinafter referred to as "FOUNDATION", is, and at all times mentioned herein was, a non-profit corporation duly organized and existing under the laws of the State of California and has its principle place of business in Alameda County,
California. The FOUNDATION has five radio stations, KPFA in Berkeley, KPFK in Los Angeles, KPFT in Houston, WBAI in New York and WPFW in Washington D.C.
4. Plaintiffs are ignorant of the true names and capacities of defendants sued as DOES 1-100, inclusive, and therefore sues these defendants by such fictitious names. Plaintiffs will amend the complaint to allege their true names and capacities when ascertained.
5. At all times herein mentioned each of the DOE defendants was the agent and or employee of each of the remaining defendants and was acting within the scope of such agency or employment when they participated in the wrongful acts or failures to act that caused the FOUNDATION to suffer damages.
6. At all times herein mentioned, and at the time of the wrongful conduct complained of herein, plaintiffs were voting members of the FOUNDATION as defined by the FOUNDATION Bylaws,
Article Three, Section A:
"Listener-Sponsor Members" shall be any natural persons who within the preceding 12-month period: (1) have contributed a minimum of $25 to any Foundation radio station, or such minimum amount as the Board of Directors may from time to time decide; or (2) have volunteered a minimum of three (3) hours of service to any Foundation radio station...."
FIRST CAUSE OF ACTION-FRAUD
7. By this reference, Plaintiffs hereby reallege and incorporate into this Cause of Action each and every allegation contained in paragraphs 1 through 6 of this Complaint as if fully set forth herein.
8. In 2006 defendant SIEGEL sought and obtained the position as counsel for FOUNDATION. At that time he failed to disclose that his true intention was to represent and support a faction in FOUNDATION 's internal politics at the expense of the FOUNDATION whenever they were in conflict. SIEGEL withheld this information to induce the FOUNDATION to hire him and his firm, SIEGEL & YEE, to maximize his ability to support his faction and their goals. SIEGEL kept his true agenda secret until he resigned in January 2009. Shortly after he resigned he ran for office on a slate with his faction and defamed the then leadership of the FOUNDATION, accusing them of ethnic cleansing when he knew such allegations were untrue. His conduct as demonstrated with examples herein was to support the goals of his faction and not the FOUNDATION. The FOUNDATION's reliance on his direct or implied representations that he was working for the best interest of the FOUNDATION, while withholding his true intentions, cost the FOUNDATION countless hours of lost or wasted work and tens of thousands of dollars in unnecessary and or unproductive attorneys fees, costs and expenses.
9. From his position as FOUNDATION counsel he convinced the board of directors to let him also be Interim Executive Director (IED) for some periods of time when that position was vacant and used his power as IED to put his faction's goals above the best interests of the
FOUNDATION. This also denied the FOUNDATION of an independent legal opinion.
10. The following are some of the actions SIEGEL took that demonstrate his loyalty to his faction over the FOUNDATION:
a. Contrary to the past practice of FOUNDATION management, SIEGEL used his position as IED to attack a slate running against his faction at KPFA by posting a condemnation of the opposing slates' candidate statements on the FOUNDATION web site in October 2007, Exhibit 1.
SIEGEL's condemnation conflates the KPFA opposing slate's writings with some alleged race baiting at WBAI by an opponent of his factions allies at that station. He accused the opposing KPFA slate of "...personal attacks on their opponents and station staff". SIEGEL's letter does not give an example of a personal attack and when later asked to demonstrate one he has always declined to do so. Compare his condemnation under color of authority to his own candidate statement when he ran for FOUNDATION office at KPFA in 2009. Exhibit 2. The national election supervisor refused to publish his dishonest charge of "ethnic cleansing" and then SIEGEL produced a slightly changed candidate statement. Exhibit 3. The new statement maintains the dishonest attack with milder language.
b. In February 2008 SIEGEL directed station management to deny a FOUNDATION director her right to inspect FOUNDATION property and documents; the director was an opponent of SIEGEL'S faction. Director's Inspections are a tool available for a director in fulfilling her/his fiduciary responsibility. Director's Inspection rights are specifically allowed in the
FOUNDATION Bylaws at Article 12, Section 3:
"Every Director, or his or her designated agent, shall have the absolute right at any reasonable time to inspect and copy all of the Foundation's books, records and documents of every kind and to inspect the physical properties of the Foundation. "
c. When a station manager, who was an ally of SIEGEL'S faction, was sued for sexual harassment and retaliation he took the following actions that are contrary to "established best practices" in employment law to protect his ally, despite putting the FOUNDATION in jeopardy:
i. He did the investigation and interviews of the witnesses himself instead of hiring an independent investigator.
ii. He interviewed the witnesses regarding allegations of sexual harassment and retaliation against the station manager in the station where the accused station manager could see who was being interviewed and the witnesses knew she could see who they were.
iii. Despite the allegations of intentional torts against a FOUNDATION employee SIEGEL answered the law suit and represented both the accused station manager and the FOUNDATION despite the obvious potential conflict of interest regarding punitive damages.
iv. SIEGEL did not attempt to stop the FOUNDATION board of directors from issuing a public statement praising the station manager during the law suit against her for sexual harassment and retaliation. Exhibit 4. SIEGEL had to know that the statement could be construed as ratification of the station manager's alleged intentional torts.
11. In the Fall of 2007 SIEGEL interfered with the election at WBAI to advance the chances of his faction's allies to get elected.
SECOND CAUSE OF ACTION-UNFAIR BUSINESS PRACTICES
12. By this reference, Plaintiffs hereby reallege and incorporate into this Cause of Action each and every allegation contained in paragraphs 1 through 11 of this Complaint as if fully set forth herein.
13. By engaging in the business practices described above, fraud, deceit and taking fees under the guise of working for the FOUNDATION when in fact they were working for the goals of their faction, Defendants SIEGEL and SIEGEL and YEE have engaged in unlawful, immoral , and unfair business practices with respect to the FOUNDATION and other members of the public in violation of Business & Professions Code 17200 et seq.
14. SIEGEL and SIEGEL & YEE continue to seek payment for time fraudulently spent on their own goals and not for the FOUNDATION and they continue to work in California.
15. The FOUNDATION suffered actual harm by virtue of Defendants' unfair business practices in that FOUNDATION money and staff time were directed away from work to benefit the FOUNDATION toward work designed to benefit Defendants' faction based on Defendants' deceptive, dishonest and self-serving advice.
16. SIEGEL'S conduct, as described above, was despicable and was intentional and or done with a conscious disregard for the rights and security of the FOUNDATION, such that punitive damages are appropriate.
17. Plaintiffs did not make any effort to secure action from the board of directors in prosecuting this action since any such effort would have been futile in that the cause of action is for fraud, a request for action to the Executive Director in 2009 was not responded to, the new Executive Director has not returned phone calls from Plaintiffs' attorney, and the current FOUNDATION counsel has told plaintiffs' attorney that he is against the FOUNDATION taking such action. Additionally, the FOUNDATION is having financial problems and is in the middle of some reorganization. A copy of this complaint has been mailed to FOUNDATION.
18. If plaintiffs are successful in this action, a substantial benefit will result to defendant FOUNDATION on whose behalf this action is prosecuted and if successful plaintiffs are entitled to their attorneys fees based on the common fund doctrine.
WHEREFORE, plaintiffs pray judgment against SIEGEL, SIEGEL & YEE and DOES
1-100 as follows:
1. Damages according to proof for monies paid by the FOUNDATION to SIEGEL and or
SIEGEL & YEE for work done for the benefit of SIEGEL'S faction and for all damages
proximately caused by his fraudulent conduct;
2. Punitive damages in an amount appropriate to discourage such fraudulent conduct;
3. For equitable relief as deemed appropriate by the court;
4. For costs of suit; and
5. For such other and further relief as the court may deem proper.
Date: LAW OFFICE OF RICHARD PHELPS
By_____________________________
RICHARD PHELPS
Attorney for All Plaintiffs
Exhibit one:
An Open Letter to the Pacifica Community From Dan Siegel, Interim Executive DirectorOctober 24, 2007
Dear Friends, Pacifica’s local station board elections have taken a particularly nasty turn. A group of candidates running for the KPFA local board have issued statements that contain little more than personal attacks on their opponents and station staff. A candidate at WBAI engages in blatant race-baiting.As a community and a progressive organization we must ask ourselves whether this type of rhetoric is acceptable. Pacifica has important challenges. We live in a nation whose leaders wage unjust and unpopular wars around the globe, attack our civil rights and liberties, oppose efforts to achieve racial justice and equality for all people, and pursue policies that widen the gap between rich and poor. The often toxic debate within Pacifica restricts our ability to respond to these issues, saps the morale of our hard-working and underpaid staff, and discourages people of good will from participating in our organization.Many people are now calling for administrative and legal responses to abusive candidate speech. We are reviewing our options, but libel laws, difficulties in distinguishing between reasonable criticism and “personal attacks” (as well as deciding who should be empowered to make such judgments), and Pacifica’s tradition of support for free speech make such measures problematic.In the end, Pacifica’s members will decide whether hate speech and hateful speech will be tolerated in our community. We need leaders who will work to improve our programming, broaden our listener base, and attract needed financial support. I urge all of you to carefully review the candidate statements and to cast your ballots for candidates who reflect both your views on how this organization should be run and your values on how democratic debate should occur in a progressive organization that reflects the diversity of our society.Dan SiegelInterim Executive DirectorPacifica Foundation____________________________
Exhibit 2
Dan Siegel
Listener Candidate for the KPFA Local Station Board
Statement
At a time of great opportunity – and great need – for courageous, progressive journalism, Pacifica and KPFA face an internal crisis that threatens to undermine their 60-year-old role as an independent voice for the American left. I have joined the Concerned Listeners (CL) slate to oppose this frightening development and urge KPFA’s listeners to support us in our effort to restore democratic, diverse leadership to our station and to the network.We live in a time of great risk and great opportunity. The American people voted for peace, civil rights, and economic justice in last year’s election. But none of these is assured, as our country remains at war in Iraq and Afghanistan, the administration in Washington appears reluctant to reverse many of the Bush regime’s attacks on the rule of law, and real steps to reverse the growing economic inequities in our society seem like a distant dream. Pacifica and KPFA seem perfectly positioned to inform and mobilize the millions of people who demand the real change that we voted for last November.Instead, Pacifica’s survival is once again threatened by a national board whose main effort appears to be the consolidation of its own power and the elimination of people who hold differing views. Rather than choose an executive director with broadcasting skills and experience, the Board has allowed its chair to fill that role for over six months. Most shockingly, the Foundation’s new leadership is engaged in a campaign of ethnic cleansing directed at African Americans in positions of leadership in the Foundation. Since January, Pacifica has fired its Chief Financial Officer, the station managers at WBAI and WPFW, and the program director at WBAI, all black men. Meanwhile, the organization’s finances and audience continue to decline.I have been a Pacifica activist and supporter for almost 40 years, and was lead counsel in the lawsuit that restored democracy to Pacifica in 2001. I resigned as Pacifica’s general counsel in January 2009 after three years because of my opposition to the direction of the present majority on the national board.As a member of the KPFA Local Station Board, I will work for:1. Appointment of qualified, experienced administrators to serve as Pacifica’s Executive Director and Chief Financial Officer.2. Increased emphasis on the development of diverse, progressive, and high quality programming that includes national and local shows and balances news, public affairs, and cultural offerings.3. The development and execution of a financial recovery plan that will require each station to function with a balanced budget. National and local board members must be held accountable for Pacifica’s fiscal well-being. KPFA’s resources must be protected against efforts to have it serve as Pacifica’s bank.4. A strong focus on expanding our listener base, reaching out to younger listeners, members of all racial, ethnic, sexual, and cultural communities, an effort that requires both better programming and the increased use of digital media.Please support me and all of my dedicated, talented colleagues on the CL slate. ConcernedListeners.Org.
__________________________________________________________
Exhibit 3
Dan Siegel
Candidate for the KPFA Local Station Board
Statement
At a time of great opportunity – and great need – for courageous, progressive journalism, Pacifica and KPFA face an internal crisis that threatens to undermine their 60-year-old role as an independent voice for the American left. I have joined the Concerned Listeners (CL) slate to oppose this frightening development and urge KPFA’s listeners to support us in our effort to restore democratic, diverse leadership to our station and to the network.We live in a time of great risk and great opportunity. The American people voted for peace, civil rights, and economic justice in last year’s election. But none of these is assured, as our country remains at war in Iraq and Afghanistan, the administration in Washington appears reluctant to reverse many of the Bush regime’s attacks on the rule of law, and real steps to reverse the growing economic inequities in our society seem like a distant dream. Pacifica and KPFA seem perfectly positioned to inform and mobilize the millions of people who demand the real change that we voted for last November.Instead, Pacifica’s survival is once again threatened by a national board whose main effort appears to be the consolidation of its own power and the elimination of people who hold differing views. Rather than choose an executive director with broadcasting skills and experience, the Board has allowed its chair to fill that role for over six months. Most shockingly, in my opinion the Foundation’s leadership is engaged in a campaign of eliminating African Americans from positions of leadership in the Foundation. Since January, Pacifica has fired its Chief Financial Officer, the stations managers at WBAI and WPFW, and the program director at WBAI, all black men. Meanwhile, the organization’s finances and audience continue to decline.I have been a Pacifica activist and supporter for almost 40 years, and was lead counsel in the lawsuit that restored democracy to Pacifica in 2001. But I resigned as Pacifica’s general counsel in January 2009 after three years because of my opposition to the direction of the present majority on the national board.As a member of the KPFA Local Station Board, I will work for:(1) Appointment of qualified, experienced administrators to serve as Pacifica’s Executive Director and Chief Financial Officer.(2) Increased emphasis on the development of diverse, progressive, and high quality programming that includes national and local shows and balances news, public affairs, and cultural offerings.(3) The development and execution of a financial recovery plan that will require each station to function with a balanced budget. National and local board members must be held accountable for Pacifica’s fiscal well-being. KPFA’s resources must be protected against efforts to have it serve as Pacifica’s bank.(4) A strong focus on expanding our listener base, reaching out to younger listeners, members of all racial, ethnic, sexual, and cultural communities, an effort that requires both better programming and the increased use of digital media.Please support me and all of my dedicated, talented colleagues on the CL slate.__________________________________________________________
NOTE: The person who was the GM of WBAI is now Pacifica's National Development Director - NES
Exhibit 4
RESOLUTION BY THE PACIFICA NATIONAL BOARD
IN APPRECIATION OF KPFK GENERAL MANAGER EVA GEORGIA
WHEREAS, Eva Georgia has served as the general manager
of Pacifica Station KPFK in Los Angeles for approximately five years
and has demonstrated innovative leadership and dedicated commitment
to the mission of the Pacifica Foundation;
WHEREAS, under Eva Georgia's leadership KPFK's paid and
unpaid staff has become more diverse and its programming has become
more relevant to the needs of the Los Angeles area's diverse
communities;
WHEREAS, under Eva Georgia's leadership KPFK has
provided strong leadership to the Pacifica Foundation and the radio
broadcasting industry in the development of Spanish language
programming;
WHEREAS, Eva Georgia has led KPFK's staff and volunteers
in successful fundraising efforts throughout her tenure at KPFK,
which has substantially increased its membership;
THEREFORE BE IT RESOLVED that the Pacifica National
Board expresses its full and sincere support for Eva Georgia and its
appreciation for her responsible leadership and dedication to the
Pacifica Foundation and its mission.
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Comments
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On the face of it this sounds great . But it does sound like it will be a long and difficult legal slog . What do other lawyers think of the suit's chances to prevail ? It's righteous but as we all know that's no guarantee of victory in the Americian Justice system .
BTW i heard that Daniel Siegel freaked out at the KPFA board meeting and threatened one of the plaintiffs . Is that true ?
BTW i heard that Daniel Siegel freaked out at the KPFA board meeting and threatened one of the plaintiffs . Is that true ?
Allegations of a conspiracy, claiming factional advantage, so says the faction seeking advantage.
Cripes!
Cripes!
Richard Phelps and his disgruntled, foolish followers have brought a vindictive and ineptly drafted lawsuit in an effort to punish me for statements they resent. Unfortunately, they will not punish me, but they will punish Pacifica and ultimately themselves. Pacifica must pay for my defense, since I was acting as Interim Executive Director when I carried out at least some of the actions they complain about. Because the case has no merit and was brought to interfere with the exercise of my free speech rights - by self-professed champions of Free Speech Radio! - Phelps and his clients will wind up reimbursing Pacifica and me for my legal costs. Great work guys!
If anyone reads the lawsuit they will see that it's on behalf of Pacifica not in any way against the foundation . It alleges that Siegel's actions not his words hurt the foundation and that he misrepresented himself .
Many people applaud this legal fightback .There probably could have been a 100 plaintiffs .
Many people applaud this legal fightback .There probably could have been a 100 plaintiffs .
Having read the lawsuit and the exhibits several questions came to mind. Mr. Siegel, how do you square your 2007 condemnation, exhibit 1, with your 2009 candidate statement exhibit 2? Is it appropriate for management to take editorial positions in an election of board members? Especially when they attack one slate and are a supporter of another.
Could you please demonstrate the personal attacks you reference in your 2007 condemnation. I remember reading the election booklet when voting and it looked like political criticisms to me. Also isn't it true that all of the African-Americas fired were replaced by African-Americans?
Could you please demonstrate the personal attacks you reference in your 2007 condemnation. I remember reading the election booklet when voting and it looked like political criticisms to me. Also isn't it true that all of the African-Americas fired were replaced by African-Americans?
the product of an attorney with too much time on his hands. what a waste of the court's time.
Phelps has too much spite on his hands, and a bit of blood as well.
Nelson says Phelps not only has too much ''spite '' but ''Blood'' on his hands . '' Blood'' ? State exactly what you're accusing him of and what evidence you have or shut up and retract that wild assertion .
Have you ever read any literature?
Apparently you have concept of what the term blood on their hands means.
Phelps is a factionite, as are all his so-called plaintiffs. He's just working a power play, no matter who gets hurt.
Mission accomplished!
Apparently you have concept of what the term blood on their hands means.
Phelps is a factionite, as are all his so-called plaintiffs. He's just working a power play, no matter who gets hurt.
Mission accomplished!
And the Concerned Listeners, Justice & Unity Coalition, KPFAForward, etc., are not factions?
They are the "Unbiased", they *are* KPFA Pacifica?
Or are there other ideas that are put forth to guide KPFA/Pacifica?
Do we want to carry out the democratic governance mandated in the Bylaws, with transparency and accountability, sound fiscal management, community involvement?
Or does Management make policy, corporate style, instead of allowing the Bylaws to be observed and policy to be decided by the representative bodies and delegates?
And management is not there to enforce the governance *they* want.
That's what this case is about.
They are the "Unbiased", they *are* KPFA Pacifica?
Or are there other ideas that are put forth to guide KPFA/Pacifica?
Do we want to carry out the democratic governance mandated in the Bylaws, with transparency and accountability, sound fiscal management, community involvement?
Or does Management make policy, corporate style, instead of allowing the Bylaws to be observed and policy to be decided by the representative bodies and delegates?
And management is not there to enforce the governance *they* want.
That's what this case is about.
Factions abound. And factions sue to shut people up. Phelps and his ilk often sue or threaten to sue to prevent wide discussion of issues. This has been going on since the settlement, in fact immediatedly upon its announcement. It's nothing to do with democracy and everything to do with gaining hegemony. Power politics.
What is the status of the suit Peter Laufer filed against KPFA/Pacifica? It is concerning that this organization is generating so many lawsuits.
Looking at the docket for this case, Borgstrom v Siegel, Alameda Superior No. RG10502520, you will see that on March 15, 2010, this case was dismissed entirely without prejudice, meaning it can be brought again, but until that happens, it is dismissed. They are not showing a copy of the Request for Dismissal, but the entry indicates the whole case was dismissed. Was just one defendant dismissed and the court clerk just was not clear? It is copied below. You can view the documents in Java or TIFF that are in those columns; the dismissal was not scanned by the court.
RG10502520 Borgstrom VS Siegel Register of Actions
Date Action Image
(Java) Image
(TIFF)
03/05/10 Complaint Fraud Filed
03/05/10 Civil Case Cover Sheet Filed for Daniel Borgstrom
03/05/10 Summons on Complaint Issued and Filed
03/10/10 Summons Issued and Filed
03/10/10 First Amended Complaint Filed
03/10/10 Summons on Complaint Issued
03/10/10 Initial Case Management Conference 08/05/2010 08:30 AM D- 21
03/10/10 Notice of Assignment of Judge for All Purposes Issued
03/15/10 Request Re: Dismissal w/o prejudice - entire action Filed
03/15/10 Request Re: Dismissal w/o prejudice - entire action Entered
RG10502520 Borgstrom VS Siegel Register of Actions
Date Action Image
(Java) Image
(TIFF)
03/05/10 Complaint Fraud Filed
03/05/10 Civil Case Cover Sheet Filed for Daniel Borgstrom
03/05/10 Summons on Complaint Issued and Filed
03/10/10 Summons Issued and Filed
03/10/10 First Amended Complaint Filed
03/10/10 Summons on Complaint Issued
03/10/10 Initial Case Management Conference 08/05/2010 08:30 AM D- 21
03/10/10 Notice of Assignment of Judge for All Purposes Issued
03/15/10 Request Re: Dismissal w/o prejudice - entire action Filed
03/15/10 Request Re: Dismissal w/o prejudice - entire action Entered
For more information:
http://apps.alameda.courts.ca.gov/domainwe...
I think the key words are '' Without Prejudice'' which means it can be re-filed at any time . It possibly was requested by the Attorney for the Plaintiffs simply to gain more time for trial preparation . I'm not a lawyer but i understand that this isn't uncommon .
So supporters of the '' Concerned Listeners ''and their Mouthpiece Siegel should hold off on popping their champagne corks !
So supporters of the '' Concerned Listeners ''and their Mouthpiece Siegel should hold off on popping their champagne corks !
Finally, Seigel, his friends and all those who believe KPFA and Pacifica an easy mark and rely on political games, schemes, tricks, hypocrisy and deceit to reign, receive karmic come uppance in the court of Richard Phelps.
These white collar criminals with their hands in the till , some of them for 30 years or more, thought they could fool listeners who were not really listening, and run the station into the ground, ruining it while lining their pockets, what a hip, easy gig. So smart, who could stop them? Roberts' Rules Order? Ha. Another tool to twist for their own end.
But each time they are exposed and made to stop, power concedes. Not without a demand. Power concedes nothing without a demand. Entrenched management, ditto. But I do hear a demand, or shall I say Shareholders Derivative Suit.
White collar criminals tried to trample and defile the KPFA Mission under the cloak of truth, justice and the radical, progressive, liberal way. But at last, management thugs who takeover a miracle and claim it for their own purposes are being held accountable. GO GIT 'EM RICHARD.
These white collar criminals with their hands in the till , some of them for 30 years or more, thought they could fool listeners who were not really listening, and run the station into the ground, ruining it while lining their pockets, what a hip, easy gig. So smart, who could stop them? Roberts' Rules Order? Ha. Another tool to twist for their own end.
But each time they are exposed and made to stop, power concedes. Not without a demand. Power concedes nothing without a demand. Entrenched management, ditto. But I do hear a demand, or shall I say Shareholders Derivative Suit.
White collar criminals tried to trample and defile the KPFA Mission under the cloak of truth, justice and the radical, progressive, liberal way. But at last, management thugs who takeover a miracle and claim it for their own purposes are being held accountable. GO GIT 'EM RICHARD.
what is it in the American psyche that makes them so fond of frivolous litigation? Baffling.
This is an example of the kind of bull that goes on at Pacifica, KPFA and WBAI.
Want to know who is in the right and who is in the wrong?
Simply look at what side the "accused" is on and look at what the side "plaintiffs" are on (you
can figure that out by reading the "lawsuit") and you will understand immediately which side is full of
the bull.
Almost makes you want to side with the right-wing Republicans and their campaign against
"frivolous" lawsuits, doesn't it?
It's time to take take the fake progressives and their teabagger allies and flush them ALL down
the toilet.
Nuff said.
Want to know who is in the right and who is in the wrong?
Simply look at what side the "accused" is on and look at what the side "plaintiffs" are on (you
can figure that out by reading the "lawsuit") and you will understand immediately which side is full of
the bull.
Almost makes you want to side with the right-wing Republicans and their campaign against
"frivolous" lawsuits, doesn't it?
It's time to take take the fake progressives and their teabagger allies and flush them ALL down
the toilet.
Nuff said.
I believe in Non -Violence except in clear cases of self defence . But there's a more primitive part of me that wants to respond to the Stalinist like slander and threat by the previous poster by saying '' Give it your best Shot ! ' But no, Lets keep the struggle on a political level .
I realize the CL favors a more aggressive approach judging by their performance at the March LSB meeting where Dan Siegel, flanked by the two aging Boxers The Hallinan brothers, repeatly challenged the attorney for the Plaintiffs. Richard Phelps , to ''step outside and settle this like a man ''! Richard correctly ignored this sillyass taut saying that He would fight it out in Court .
The whole bizzare scene was made even funnier by the screechs of Sherry Gendelman , acting like a '' Tough Girl '' in '' Grease '' shouting that Richard was a ''coward'' by not fighting .
The fact that everyone involved was in their 60's added to the surrealism .
In reality the lawsuit has considerable merit . Siegel did act in a outrageous manner as Corporate Counsel and IED. The fact that he freaked out so publicly shows that he is very worried. The courtroom battles should be very interesting .
Back to the previous slander , comparing the growing number of Democracy activists at KPFA and Pacifica to right wing '' Tea baggers ''. Absolute bullshit of course .
I would however compare the ' Concerned Listeners '' to their leaders of the '' Progressive Caucas '' in Congress . They loudly proclaimed that they wouldn't sign any Health Care Bill that didn't include a '' Public Option'', No Pasaran !
But-t-t - They have all folded , every last man and woman among them
Real Tough on the those to their Left . Only rhetorically tough on those to the Right of them .
Pacifica deserves and needs better than this crew .
I realize the CL favors a more aggressive approach judging by their performance at the March LSB meeting where Dan Siegel, flanked by the two aging Boxers The Hallinan brothers, repeatly challenged the attorney for the Plaintiffs. Richard Phelps , to ''step outside and settle this like a man ''! Richard correctly ignored this sillyass taut saying that He would fight it out in Court .
The whole bizzare scene was made even funnier by the screechs of Sherry Gendelman , acting like a '' Tough Girl '' in '' Grease '' shouting that Richard was a ''coward'' by not fighting .
The fact that everyone involved was in their 60's added to the surrealism .
In reality the lawsuit has considerable merit . Siegel did act in a outrageous manner as Corporate Counsel and IED. The fact that he freaked out so publicly shows that he is very worried. The courtroom battles should be very interesting .
Back to the previous slander , comparing the growing number of Democracy activists at KPFA and Pacifica to right wing '' Tea baggers ''. Absolute bullshit of course .
I would however compare the ' Concerned Listeners '' to their leaders of the '' Progressive Caucas '' in Congress . They loudly proclaimed that they wouldn't sign any Health Care Bill that didn't include a '' Public Option'', No Pasaran !
But-t-t - They have all folded , every last man and woman among them
Real Tough on the those to their Left . Only rhetorically tough on those to the Right of them .
Pacifica deserves and needs better than this crew .
I'm not very familiar with the American political scene. Is this what the American left spends its time doing, filing silly lawsuits against each other? No wonder the American left is so irrelevant these days. Well done. You must be so proud.
Contrary to the previous poster's disinformation the lawsuit was not thrown out . It was temporarily dismissed at the request of the PLAINTIFFS not Siegel's lawyer . I have nothing to do with the case but i suspect it will be reinstated shortly .
No Merit to the case ? Then why did Siegel go ballistic at the Board meeting ?
As for ''Winnie '' No the US Left do not spend their time ''suing each other''. A good example of what the Left outside of the Democractic party does happened yesterday when a few thousand marched in San Francisco against the occupations in Iraq, Afghanistan and Palestine . BTW the main group behind the Siegel's '' Concerned Listeners'' had nothing to do with building the march .
Sometimes though it's neccessary to use the courts . Like when a ruthless attorney puts the interest of his faction ahead of the foundation as a whole , much to their loss of Pacifica . So the suit is designed to at least somwhat rectify that damage including getting some of that $200 an hour(Who knows how how many hundreds of hours ? ) that went to Siegels's firm (Maybe 10 times what a average Pacifica Unionized worker makes ) back to the foundation .
And maybe prevent that type of abuse from ever occuring again .
No Merit to the case ? Then why did Siegel go ballistic at the Board meeting ?
As for ''Winnie '' No the US Left do not spend their time ''suing each other''. A good example of what the Left outside of the Democractic party does happened yesterday when a few thousand marched in San Francisco against the occupations in Iraq, Afghanistan and Palestine . BTW the main group behind the Siegel's '' Concerned Listeners'' had nothing to do with building the march .
Sometimes though it's neccessary to use the courts . Like when a ruthless attorney puts the interest of his faction ahead of the foundation as a whole , much to their loss of Pacifica . So the suit is designed to at least somwhat rectify that damage including getting some of that $200 an hour(Who knows how how many hundreds of hours ? ) that went to Siegels's firm (Maybe 10 times what a average Pacifica Unionized worker makes ) back to the foundation .
And maybe prevent that type of abuse from ever occuring again .
Since the plaintiffs weren't ready for trial.
You're saying that Master Debater and superlawyer Richard Phelps was unprepared to present HIS OWN CASE?
What a maroon.
What a maroon.
Many lawyers aren't ready to go to trial and file for dismissal.
I mean, if you are not ready, you are not ready.
I mean, if you are not ready, you are not ready.
Has the lawsuit been refiled yet ? I hope so . Siegel didn't act in the interests of the foundation as a whole . I understand there was some sketchy shit in LA too on behalf of a very controversial Manager who was an ally of the Concerned Listeners .
Let's get this party started !
Let's get this party started !
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