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how "legal sufficiency" effects the rogue "oakland promise"

9/30/2020

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September 27, 2020

Mr. Vieira-Ducey:

In reference to the LEGAL SUFFICIENCY rule and the legal standards that should be applied in the instant matter of the rogue OAKLAND PROMISE Legal Status, I have provided compelling evidence [according to these guidelines attached] and based upon these legal standards, there should be no further delay in the issuance by the Office of District Attorney of Alameda County of a temporary CEASE and DESIST order against the rogue OAKLAND PROMISE whose CEO is Mia Bonta, the wife of Assemblymember Ron Bonta, from any further solicitation and collection of financial donations to this organization and All funds received thus far by this rogue OAKLAND PROMISE be placed in a protected account held by your office until verification of the rogue OAKLAND PROMISE'S Legal Status as a 501(c)3 nonprofit tax-exempt public benefit corporation is determined.

Respectfully,

Gene Hazzard


https://legal-dictionary.thefreedictionary.com/sufficiency

"sufficiency"
the question in the law of evidence as to whether a party has
produced enough evidence that supports his case.
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REBUTTAL TO OFFICE OF THE MAYOR, CITY ADMINISTRATOR,  HUMAN SERVICE DEPARTMENT [STAFF CONTACT KATHY HICKS] REGARDING THE PUBLIC RECORDS REQUEST  20-6010 AND CITY COUNCIL RESOLUTION  88208 CMS...

9/22/2020

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REBUTTAL TO OFFICE OF THE MAYOR, CITY ADMINISTRATOR,  HUMAN SERVICE DEPARTMENT [STAFF CONTACT KATHY HICKS] REGARDING THE PUBLIC RECORDS REQUEST  20-6010 AND CITY COUNCIL RESOLUTION  88208 CMS , APPROVING $1,150,000.00 TO A ROGUE ORGANIZATION KNOWN AS "OAKLAND PROMISE " WITHOUT THE VERIFICATION OF THE LEGAL STATUS OF THIS IDENTIFICATION OF "OAKLAND PROMISE " WHOSE CEO IS MIA BONTA OF THE ROGUE "OAKLAND PROMISE " AND WHO IS THE SIGNATURE RECEIPIENT AND GRANTEE  OF $1,150,000.00 APPROVED BY CITY COUNCIL RESOLUTION  88208 CMS , WITHOUT  VERIFICATION  OF THIS ROGUE  "OAKLAND PROMISE " LEGAL STATUS  AS A 501(c)3 nonprofit tax-exempt public benefit corporation.. THIS CLEARLY IS AN ILLEGAL AND FRAUDULENT  TRANSACTION!

Please be advised the document you provided in the California Secretary of State's Office and the Employer Identification Number  54-2103707 is that of EAST BAY COLLEGE FUND [EBCF].

On June 27, 2019, EBCF, Amended and Restated their Articles of Incorporation from 2003 and changed the organizational name to OAKLAND PROMISE as noted in the Whereas Clause of the City Council Resolution #88208 CMS approving the $1,150,000.00 to OAKLAND PROMISE. 

This OAKLAND PROMISE is not the same OAKLAND PROMISE as identified in the Grant Packet of 2019-2021 rather is the rogue OAKLAND PROMISE  without any verification of the organizations LEGAL STATUS as a 501(c)3 nonprofit tax-exempt  public benefit corporation. 

Further,  the document  reveals that this rogue OAKLAND PROMISE, whose CEO, Mia Bonta, the wife of California  Assemblymember Ron Bonta is the recipient and the grantee of the $1,150,000.00 approved by Resolution  88208.  An additional $500,000.00 was also approved to this rogue OAKLAND PROMISE without any verification of the organization's LEGAL STATUS as a 501(c)3 nonprofit tax-exempt public benefit corporation.   The City Council authorized these funds under Resolution  87761CMS at the same meeting  when they  authorized Resolution 88208 CMS. 

It should be further noted that on August 27, 2019 , CEO, Mia Bonta filed a Fictitious Business Name  in the Alameda County Clerk-Recorders Office as your documents reveals. This is incongruent  with the above Resolution s.  How can EBCF do a name change  to OAKLAND PROMISE  and  OAKLAND PROMISE as reflected in the Alameda County Clerk-Recorders Office do a  Fictitious Business Name [DBA] EAST BAY COLLEGE FUND. 

Additionally, neither OAKLAND PROMISE is represented  on GUIDESTAR'S website the platform for ALL NONPROFIT ORGANIZATIONS. 
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Oakland promise grantee ceo mia bonta

9/14/2020

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From: Gene Hazzard <[email protected]>
​Date: Mon, Sep 14, 2020, 9:13 PM

Subject: Oakland Promise 2019-2021 Grant Packet 5617R1 - signed.pdf
To: <[email protected]>
Mr Vieira-Ducey:

​Please note the signature of Mia Bonta on this grant document of $1,500,000.00, approved by Council Resolution 88208 CMS.  There are clearly two different OAKLAND PROMISES represented in this Grant Packet 5617R1, - (1) Which is represented by EAST BAY COLLEGE FUND noted by the name change , when EAST COLLEGE FUND , Amended and Restated It's Article of Incorporation on June 27, 2019  by a name change to OAKLAND PROMISE and as noted with C2504888 is the Corporation number assigned to EBCF with the date of origin in 2003. 

Then as noted, the other OAKLAND PROMISE is a rogue organization  where there is NO verification that this OAKLAND PROMISE whose CEO Mia Bonta is the signature on the document has not provided any substantiation that her OAKLAND PROMISE has a legal status as a 501(c)3, Non-profit,  Public Benefit Corporation. 

This document is compelling evidence that this transaction pursuant to Council Resolution 88208 CMS is an illegal gift of  Public Funds and a TEMPORARY CEASE AND DESIST ORDER against  OAKLAND PROMISE represented by the document signed by CEO, Mia Bonta is warranted until the obvious issue of two OAKLAND PROMISES is determined because one is a rogue organization and is not a 501(c)3, Non-profit  tax-exempt public benefit corporation. 
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Letter to da re: east bay college fund amended articles of incorporation and name change june 27, 2019 to oakland promise

9/13/2020

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 ​Non-profit agency, TO OAKLAND CITY COUNCILMEMBERS AND THE CITY CLERK
RE: OAKLAND CITY COUNCIL MEETING JUNE 30, 2020

SUBJECT: CONFLICT WITH AGENDA ITEM[ 2.20] ON THE CONSENT CALENDAR AND
AGENDA ITEM[11] ON THE NON CONSENT AGENDA.

The Agenda Report for Agenda Item [2.20] on the Council’s Consent calendar, states, “Two Agencies
have CHANGED their legal name and one Agency is managed by a NEWLY incorporated non-profit
agency.

*THE OAKLAND PROMISE: Brilliant Baby Program will be directly operated by the NEW 501(c)3,
Non-Profit agency, THE EAST BAY COLLEGE FUND[DBA OAKLAND PROMISE] and will cease to
be a fiscally sponsored project under the OAKLAND PUBLIC EDUCATION FUND[OPEF] . Under this
consent item 2.20 the OFFICE OF CHILDREN AND YOUTH is for fiscal year 2020 grant renewal for
EAST BAY COLLEGE FUND [DBA OAKLAND PROMISE] for $286,650.

FACTS: On June 27, 2019 , THE EAST BAY COLLEGE FUND, Amended and Restated their Original
Articles of Incorporation [of 2003] and changed the organizations NAME to OAKLAND PROMISE [A0830276].
As noted in the Report, (above) East Bay College Fund was one of the two Agencies to legally CHANGED its name.

**THIS WAS NOT A MERGER BETWEEN EAST BAY COLLEGE FUND AND OAKLAND PROMISE AS
DEFINED BY THE CALIFORNIA CORPORATION CODE 6010 AND 6011, which REQUIRES the
approval and authorization by the Attorney General of the State of California , Xavier Becerra upon
authorization then the Attorney General issues a Certificate of Merger. Any proposed merger can ONLY
exist between two Non-Profit Organizations. Mayor Libby Schaaf’s OAKLAND PROMISE has NEVER
received a letter of DETERMINATION from the INTERNAL REVENUE SERVICE(IRS), stating that her
OAKLAND PROMISE is a 501(c)3 Non-Profit , Public Benefit Corporation. FURTHER, neither
OAKLAND PROMISE appears on any non-profit website like GUIDESTAR where one could locate the
named non-profit. However, THE EAST BAY COLLEGE FUND, AND OAKLAND PUBLIC
EDUCATION DOES APPEAR ON THE GUIDESTAR WEBSITE.

When EAST BAY COLLEGE FUND changed their name on June 27, 2019, the OAKLAND PUBLIC
EDUCATION FUND ceased as the fiscal sponsor for OAKLAND PROMISE as noted in the Annual Audit
Report, that identified the “exit agreement” which was essentially a divorce from OAKLAND PROMISE.
The OAKLAND PUBLIC EDUCATION relinquished ALL assets and liabilities and returned millions of
dollars they held in trust for OAKLAND PROMISE.

On July 1, 2019 Mia Bonta, wife of State Assemblyman Ron Bonta , became the Chief Executive Officer of
OAKLAND PROMISE. It’s unclear whether Mia Bonta is an Employee of THE EAST BAY COLLEGE
FUND or the employee of the separate organization also known as OAKLAND PROMISE identified in
Agenda Item [11], where there is a proposed Resolution authored by Council member Loren Taylor
authorizing $1,150,000.00 to the organization known as OAKLAND PROMISE.

When one visits the California Secretary of States website you will find OAKLAND PROMISE.
It has however, the Registered Corporation Number C250488 which belongs to EAST BAY COLLEGE
FUND which also states, it’s a non-profit organization with a Date of Origin April 2003.

A further review of Alameda County Clerk-Recorder Office, the Fictitious Name Department,, CEO Mia
Bonta for OAKLAND PROMISE has filed on August 27, 2019 a Fictitious Business Name [DBA] EAST
BAY COLLEGE FUND # 562820 . THIS IS VERY PROBLEMATIC, INASMUCH AS NOTED ABOVE,
EAST BAY COLLEGE FUND FILED WITH THE CALIFORNIA SECRETARY OF STATE [DBA]
OAKLAND PROMISE.

THESE ARE SOME OF THE ISSUES, WHICH APPEAR TO BE PROBLEMATIC FOR BOTH EAST BAY
COLLEGE FUND AND OAKLAND PROMISE WHY ALAMEDA COUNTY DEPUTY DISTRICT
ATTORNEY ED VIERA-DUCEY, PROSECUTOR IS CURRENTLY DOING A CRIMINAL FRAUD

INVESTIGATION OF OAKLAND PROMISE.
BOTH AGENDA ITEMS [2.20] ON THE CONSENT CALENDAR AND AGENDA ITEM [11] ON THE
NON-CONSENT BE PULLED PENDING A REPORT FROM THE DEPUTY DISTRICT ATTORNEY ED
VIERA-DUCY REGARDING THE CRIMINAL FRAUD INVESTIGATION OF OAKLAND PROMISE.
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letter to da  --  public records request 20-6010 verification of letter of determination from internal revenue service and letter of verification from attorney general for certificate of merger re: oakland promise

9/11/2020

0 Comments

 
​From: Gene Hazzard <[email protected]>
Date: Fri, Sep 11, 2020, 7:47 AM
Subject: I am sharing 'OaklandPromise_RegistrantDetails (5).pdf' with you
To: <[email protected]>, Gene Hazzard <[email protected]>

Mr. Vieira-Ducey 

Please take note of the analysis of the response to my Public Records Request 20-6010 regarding the request for a copy of the signature document from the authorizing Agency[INTERNAL REVENUE SERVICE] approving the Letter of Determination verifying that OAKLAND PROMISE as identified in  the City Council's Resolution 88208CMS  approving $1,150,000.00 to the organization known as OAKLAND PROMISE is in fact a 501(c)3 nonprofit tax-exempt public benefit corporation; and is the same OAKLAND PROMISE which is the subject organization that is  identified in the 2018 $198 Parcel Tax ballot measure known as the Children's Initiative of 2018 also known as Measure AA, which did not receive two/thirds voter approval for passage and if this OAKLAND PROMISE is the same OAKLAND PROMISE which is part of the lawsuit RG19005204 filed by the Jobs and Housing Coalition on February 1, 2020. In September, 2020 ,the Jobs and Housing Coalition was GRANTED a summary judgment from Alameda County Superior  Court that the City Council's action of December 14, 2019 stating that Measure AA had passed was VOTER FRAUD. 

Additionally,  I requested a copy of the signature document from the authorizing Agency[The California Attorney General] verifying the Certificate of Merger between EAST BAY COLLEGE FUND and the organization known as OAKLAND PROMISE.  Again, this document is unresponsive to my PRR 20-6010.

In fact, the OAKLAND PROMISE identified in the City Council's Resolution 88208 CMS states in the Whereas clause is merely a name change as a result of EAST BAY COLLEGE Amending and Restating It's Articles of Incorporation on June 27, 2019.

Another instance of confusion of which OAKLAND PROMISE is being referenced in City Council Resolution 88208CMS and which OAKLAND PROMISE is the recipient of the $1,150,000.00

A further  review of the submitted document to my PRR 20-6010 continues to add additional confusion to the identication of which OAKLAND PROMISE is being referenced in Resolution 88208CMS 

1.   Organization Name. :    OAKLAND PROMISE.
      IRS. FEIN. 54-2103707 
      Entity Type  Public Benefit. SOS/FTB
      Corporation Number 2504888

1(a)  The discrepancy here is that ALL of
         these numbers represent EAST BAY
         COLLEGE FUND and not OAKLAND 
         PROMISE that is the subject matter 
         in Council Resolution 88208CMS nor
         is it the same OAKLAND PROMISE 
         identified as a component in the
         Jobs and Housing Coalition lawsuit
         RG19005204 .

2.  Registry Status   Current Renewal Due
                                Expiration Date 5/15/20

      RCT Registration Number  122080
                                                Issue  Date 12/31/2005

      Record Type:  Charity Registration 
                             Effective Date 12/31/2005

       Date of this Status. 2/28/20.  Date of
       Last Renewal.     12/31/2005

2(a)  All of these dates predates the 
        OAKLAND PROMISE whose origin
        date is 2015 and whose Fiscal 
        Sponsor  is the OAKLAND PUBLIC 
        EDUCATION FUND(OPEF)

            Filings and Correspondence 

NOTE :  All of the 990's represented in this section are those of EAST BAY COLLEGE FUND.


            Annual Renewal Data

Status of Filing.     Accepted 
Accounting Period Begin Date. 1/1/2003
Accounting Period End Date  12/31/2003

Status of Filing.     Accepted 
Accounting Period Begin Date  1/1/2004
Accounting Period End Date 12/31/2004

Status of Filing      Accepted 
Accounting Period Begin Date  1/1/2005
Accounting Period End Date.   12/31/2005

A temporary Cease and Desist Order is appropriate and prudent against OAKLAND PROMISE from any further solicitation and collection of donations until a determination is made regarding the legal status of OAKLAND PROMISE as a 501(c)3 nonprofit tax-exempt public benefit corporation 

Finally,  OAKLAND PROMISE  is not listed on GUIDESTAR'S website the platform for ALL nonprofits.  It should be noted that both OAKLAND PUBLIC EDUCATION FUND and EAST BAY COLLEGE FUND is on GUIDESTAR'S platform. 
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    Gene Hazzard

    Don't Be Envious of Evil Men
    1Do not be envious of evil men, Nor desire to be with them; 2For their minds devise violence, And their lips talk of trouble.…

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  • Home
  • Sanjiv Handa
  • Gene's Blog
  • Rotunda RFP
    • Lawsuit against Rotunda Partners II >
      • Facts you should know about the Rotunda Building
      • Facts you should know about the Rotunda Garage
      • Charges in massive investment fraud case
      • Phil Tagami's Obligation
  • Gene Hazzard -Keeping eyes open
    • Hazzard substitution of attorney
    • Public Record Request [PORT] about the $100,000.00 deposit, NO Straight answer.
    • Court Reporter Transcript
    • The Power Broker? >
      • Robert Moses >
        • NY Times February 14, 2007
  • Chronology of Tagami's scheme of Private-Public Partnership with City Projects
  • Another Tagami scheme - Rotunda Building deal
    • Eight Years Later, Tagami Still Hasn’t Started Rotunda Project City Fails to Hold Developer Responsible
    • 1630 San Pablo - Parcel 2
    • Rotunda Building Loan
    • Post -Tagami Failed to Make Payments on Rotunda Development Loan
    • City Urges No Action in Tagami’s Failure to Make Payments on $12 Million Loan
  • Oakland Army Base
    • Port to Give Tagami $600 Million Exclusive
    • OAB - Wikipedia
    • OAB - Military Museum
    • Army Base Gateway Redevelopment Project
    • BAAQMD Comments on Air Monitoring Work Plan
    • Cost Sharing Agreement
    • OAB Rezoning and LDDA update
  • Billboards in Oakland
  • Port of Oakland
  • Oakland Raiders?
  • Who is running Oakland?
    • Jerry Brown
    • Don Perata
    • Judge Robert B. Freedman
    • Jacques Barzaghi
    • Gawfco Enterprises
    • Deception
    • Doug Bloch
    • Phil Tagami >
      • SF Business Times November 20, 2005
      • Rotunda wrestling
      • A conversation with Oakland developer Phil Tagami
      • Audit of $91 million Fox Theater project
      • Tagami Conflict
      • CCIG Response to Oakland Works
      • Oakland developer Phil Tagami named to state medical board
      • ‘Shotgun Phil’ hits another bullseye — with governor’s help
  • CleanOakland Store
  • CenterPoint Properties