PROVIDING AN INTERACTIVE INVESTIGATIVE NEWS SITE DESIGNED TO INFORM & ELICIT COMMUNICATION FOCUSING ON CROOKED RIVER RANCH MATTERS & BEYOND
5/24/21, 2:22 PM
On April 16, 2021, Ranch Matters published a report titled, “DO NOT COPY OR DISTRIBUTE” regarding a DRAFT/COPY of a Crooked River Ranch (CRR) Defamation Complaint-Law Suit, apparently prepared by CRR attorney Kevin V. Harker.
As reported, the undated, unsigned DRAFT/COMPLAINT/LAW SUIT was submitted by Ranch Director Mark Schneider as part of his complaints packaged and sent to the Department of Safety Standards and Training (DPSST) on March 12, 2020, against John Stevens’ private investigators license and Ranch Matters News service.
The unsigned and hastily prepared DRAFT/COMPLAINT/LAW SUIT, like Schneider’s DPSST complaint, is riddled with multiple inaccuracies, false information and lacked legal formality.
The DRAFT’s objective, in part, was to shut up and shut down Ranch Matters News Service, as well as, revoking Stevens’ private investigators license. It ends, “…an Injunction prohibiting Defendant Stevens from interfering with the affairs and operations of the Association, Board of Directors, and Association employees; and an Injunction prohibiting defendants from PUBLISHING ANY FURTHER DEFAMATORY STATEMENTS.”
Attorney Kevin Harker’s website is a wealth of information. In an article titled, “5 Ways to Invite Lawsuits Against Board Members and Associations” Harker talks about directors fiduciary duties and responsibilities. According to Harker, directors need to be fully informed, which includes some level of due diligence before making decisions.
Harker’s article also talks about “Good Faith” aspects of a director’s responsibilities and the need to “avoid breaking the law,” while at the same time faithfully fulfilling their duties as a director.
Harker adds, directors have a “DUTY OF CONFIDENTIALITY” and are never to use confidential information for ones own advantage. Harker states, “…Duty of Confidentiality means that corporate (CRR DIRECTORS) must keep information belonging to the company confidential and NOT USE IT FOR THEIR OWN PROFIT.” “HIT LIST…”
Damages and liability issues are reasonable questions to be asked when assessing the conduct of an individual director or the board as a whole. Can boards hide behind the “business judgment rule” when their conduct is so egregious? When can a director lose his/ her protection? Can Liability concerns related to one director’s conduct, while acting on behalf of a association, expose the association generally to some liability as a result of the director’s actions/conduct?
BACK TO HARKER
In 2018, we published a story called “RIFF RAFF” regarding a speech Harker gave in 2010. His speech was titled, “Keeping out the Riff RAFF: Making your Community Safe.”
WHO IS THE RIFF-RAFF?
In another 2018 report, we published a story about a conversation with former Ranch Director Carol Orr had with ex-president David Palmer. According to Ms. Orr, Palmer stated, “The AFFLUENT will be responsible for change whether we like it or not.”
NOTE: Dave Palmer (ONE OF THE AFFLUENT?) along with his colleague Mark Schneider submitted a (coordinated?) complaint to DPSST against Stevens’ license on February 12, 2020. His complaint, like Schneider’s, is riddled with multiple inaccuracies, false information and included a demand to have Stevens’s license REVOKED.
(DPSST Dismissed Palmer’s & Schneider’s Complaints as “FALSE/UNFOUNDED.”)
*Palmer’s specific DPSST COMPLAINT will be the subject of a series of upcoming reports.
MORE ABOUT RANCH ATTORNEY HARKER
In 2016, plaintiff’s Gary and Renee Kuhn, sued their Homeowners Association for “discrimination against their developmentally disabled daughter” and the use of a RV.
Crooked River Ranch attorney Kevin Harker represented that Homeowners Association against the Kuhn’s lawsuit. The Kuhn’s attorney, Dennis Steinman, stated, “The advice from Mr. Harker was not appropriate or legally accurate. His (Harker’s) arguments are simply not supported by the law…”
Harker’s legal advice cost that HOA $300K to settle.
How much is Harker’s advice costing the Ranch homeowners for the Ranch Officials private smear campaign-VENDETTA?
Ranch Matters reached out to attorney Harker for a comment and to date haven’t received a response.