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Old 04-07-2015, 09:49 AM
Ayatollahgondola Ayatollahgondola is offline
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Join Date: Sep 2007
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Default Mark Bixby vs WestAmerica Bank

A lawsuit that seeks to place Mark Bixby's warehouse property in receivership

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In April, 2014, Mr. Bixby and his wife of many years separated.i (Bixby Dee\. '14.) Ms.
Bixby ran the office of his former construction business and she took care of the warehouse.
(Ibid.) Because he has a learning disability, Mr. Bixby relied on his ex-wife completely to manage their substantial business affairs. (Ibid.) Mr. Bixby ultimately hired Nika Herbert to act as his office manager in the fall of 2014. (Bixby Deel. '1 5.) He also let his significant other at the time, Shannon Mason, lake care of his financial affairs. (/hid.) Mr. Bixby met Ms. Herbert
through Ms. Mason. (Bixby Decl. ~ 5.) It was Ms. Herbert who conducted most e-rnail communications with WestAmerica, ostensibly on Mr. Bixby's behalf, resulting in the bank's understandable frustration over the fire restoration work. (Bixby Decl. 115.) Ms. Herbert also failed to alert Mr. Bixby that the warehouse was behind on its payments. Ms. Mason was
specifically charged with the responsibility for depositing the rent checks and making the warehouse payments. (Bixby Decl. ~ 5.) It was only after Mr. Bixby's relationship with Ms. Mason collapsed, that Mr. Bixby learned that the warehouse was in foreclosure, the properly taxes had not been paid, and that the Property was not insured.

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This litigation is the result of a breakdown in communication and the failure of
Mr. Bixby's employees and agents to properly administer his financial affairs as they had been entrusted to do.
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In April, 2014, I separated from my wife of twenty years, Heidi Bixby, Prior to our separation, Ms. Bixby handled all our business affairs in connection with both my construction business, multiple business entities and the warehouse. 1 have never been sophisticated in such matters and suffer from a learning disability. I therefore relied completely On my ex-wife until our separation.
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I hired Veronica Dean to take my ex-wife's duties in Mayor June of 2014. After I discovered that Ms. Dean was incompetent and probably stealing money from me, I hired Nika Herbert to act as my office manager in the Fall of 2014. I turned over control of my financial affairs, including the warehouse, to my significant other at the time, Shannon Mason, who was also my attorney for all purposes. I met Nika Herbert through Ms. Mason. it has since become
apparent that both Ms. Shannon and Ms. Herbert failed to alert me that I was behind on my payments and that Westarnerica was repeatedly requesting documentation for any contractor who might begin the fire damage repair. Among other duties, Ms. Mason and Ms. Herbert were tasked with collecting and depositing rental income from the Property and paying the loan on the
Properly. My relationship with Ms. Mason ended at the end of February, 2015, and I soon discovered that the warehouse was behind on its payments, the insurance had not been kept up to date, and that the property taxes had not been paid. The fact that the loan was in default only came to my attention when Ms. Mason informed me of the present lawsuit on or about February
25. I was devastated by the news that my ownership of the warehouse was in jeopardy and that the people I had entrusted to handle my affairs had let this happen.
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My assistant at the time, Veronica Dean, told me that Ron Clayton was fully qualified by the bank to complete the restoration. it soon became clear that Ronald Clayton was diverting payments from jobs I had completed prior to my license revocation and that he was unlawfully making charges on my vendor accounts. Ron Clayton ultimately abandoned jobs and diverted payments for jobs I had contracted out earlier prior to the loss of my license. I then proposed another contractor, yet Shannon Mason failed to properly submit documentation to Westamerica. She told me that the new contractor,Schubert had submitted all necessary documentation to qualify to perform the restoration work. At the same lime, Westamerica clearly regarded me with suspicion based on the revocation of my contractor's license and the repeated failure to communicate by my staff and Ms. Mason.
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In the past year, I have discovered that every person I trusted in my business affairs had failed to competently carry out their duties.
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I declare under penalty of perjury under the laws of the Slate of California that the foregoing is true and correct and that this declaration was executed on March 30, 2015 at
Sacramento, California.
DATED: March 30, 2015
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