Bar Complaints > Atty David Madariaga
Bar Complaints > Atty David Madariaga
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This page provides Documents for a Bar Complaint against Attorney David Madariaga and his Paralegal, Loreen Bucholz.
David is the Lead Litigator for Fowler Law Group in Los Angeles CA.
David is a well published and seasoned Attorney involved in various industries in California, Nevada, Arizona, Texas and New Orleans. One of his industries of expertise is Home Inspections.
Per his biography, "[David] has published articles and presented seminars on risk management, report writing, and the law of home inspection for ASHI, CREIA, and other home inspection groups in California, Nevada and New Orleans"
Bar Complaint Summary
Bar Complaint Summary
We were harmed in a residential real estate purchase in 2021 that involved a fix up and disclosure fraud scheme organized by the Seller's Real Estate Agent. Part of that scheme included the production of non-bonafide inspection reports. That led to lawsuits against a father and son home inspection team with the last name of Vierra. They own / run a WIN Home Inspection Franchise. WIN stands for "World Inspection Network" . WIN started in the 1990s in Oregon. Based on our experience there probably should be concerns about that Global Business Network.
Attorney David Madariaga was engaged by a third party to represent them. The third party does not appear to be an insurance company. Madariaga was contacted just days after service but declares he forgot to calendar the new case, which allowed it to slip into default.
Madariaga and his paralegal, Loreen Bucholz executed a legal document service fraud scheme to disrupt a complaint default and prove up hearing process that had been initiated prior to his contact.
As part of that scheme, they also made fraudulent statements on Case Management Conference Documents and they made a request to move a court date without the approval from us as is needed to do so.
We are in Pro Se because the Legal Lobby has been engaged in joint racketeering scheme with the Real Estate Lobby since 1985. We filed complaints in Pro Se, against all odds, in hopes of Monterey recovery, but also to expose various rackets. Madariaga and Bucholz just exposed a Basque portion of what appears to be a multi state network, and possibly much larger.
While you are free to scroll to the bottom to get what you think you might want to read first, I'd HIGHLY SUGGEST you read your way to the bottom. Do as you wish.
Madariaga and Bucholz Biographical Links
Madariaga and Bucholz Biographical Links
Backstory
Backstory
On May 15, 2021 we closed escrow on a residential real estate deal fueled by Broker and Seller Fraud. It included an RPA (Residential Purchase Agreement) straight out of Babylon that is NOT supported for use by CA Code 1102 and looks like it came from a Babylonian Board Game designed to teach Legal Theory.
But it wasn't just the Brokers, Agents and Sellers in on the confusion games. Separate pre-sale Home Inspectors and pre-sale Termite Inspector produced insincere reports with identical omissions?!?
Who does that in coordinated fashion? That's just dumb. Who taught them these techniques?
These two inspectors appeared to be from totally different companies. The reports were done a week apart. There was and still is no reason to think the inspectors were related and/or knew each other, but what they had in common was a deviant real estate agent.
So, WHO taught them to write reports like this and WHO made them feel they'd be protected if they did?
When not 1 in 100 local Monterey Bay Attorneys would take our case, which had fraud dripping from it, we knew that the courts had been overrun by "somebody" or "something".
We asked question for three years as we dug into the larger Babylonian Contract Conspiracy. Eventually we realized that to expose this mess further, and attempt to gain reasonable remedy for our losses, we were going to have to self represent.
When we discovered 1) the Self Help Center for Monterey County looked more like a Kindergarten Craft Classroom with ZERO support for civil claims and 2) the webpage for self help was returning error 404 - page not found and 3) the public payroll records for Monterey County Judges were corrupted in a way that was hiding what is likely $300,000+ per year salaries, we knew there was more to be told.
To wade into deeper waters we filed lawsuits against:
Two Contractors who did pre-sale fix up work under the supervision of the Seller's Real Estate Agent
Two Inspectors who did pre-sale inspections under the supervision of the Seller's Real Estate Agent
The Seller's Transaction Coordinator - a person subjected to supervision by the Seller's Real Estate Agent
Our Buyers Agents - people subjected to responsibility to the Seller's Broker
The Seller
Just filing the lawsuits exposed a mess. Both local and remote attorneys were engaged and all had their own style of intimidation and manipulation for someone in Pro Se, who they'd know was in Pro Se because of the way they all behaved when faced with a money making opportunity.
Madariaga and his paralegal, Loreen Bucholz took their manipulation one step further.
Madariaga allowed his clients to default with no reasonable explanation and an explanation which totally contradicts his representation of himself as a very well heeled attorney . According to Madariaga, his clients defaulted because he didn't ask his clients to forward him their service documents when the case was assigned, and he just forgot to put a $350,000 case on his calendar
Once in default Madariaga tried to get us to set aside the default with nothing but kind requests, and no reasonable excuse.
Then came a very manipulative service fraud scheme, that was clearly meant to foment confusion, frustration, anger and futility -- for all the benefits those can bring.
Instead of reacting as he/they would have expected, we pushed back and this Bar Complaint is the beginning of blowback both will be remembered for for a very long time.
In Summary, these are our beliefs as of today, based on the facts we've been able to gather...
Madariaga and his Paralegal made up and excuse to submit a Motion to Strike to the courts that was illogical given default had been filed. The purpose for this was to give an air of credibility to serving us a Motion to Strike that they never intended to get on file with the courts. Their service to us was 15 pages via 3 documents. It was a complete set of motion documents with all proper parts. The prose in it was exceptionally well written. He's no writing slouch by any means. However, they never submitted this entire packet to the courts in a way that it could have ever been accepted.
Their submission to the courts was done in a two step process.
First they submitted a 4 page document by itself that was obviously an incomplete packet. Somehow, they got that rejected within hours via what appears to be an inside connection at the courts or just an overly helpful clerk.
Then they submitted 11 pages, which was presumably incomplete of the 4 pages they submitted the first time that had been rejected. That was then rejected days later for being incomplete, BUT we were never notified of any of this.
As of 6/10/2023 they had us believing a Motion to Strike gone on file with Monterey County and the Courts had rejected a motion to strike for incomplete documents (not improper filing as he later claimed).
On 6/18/2023 Bucholz submitted documents for Motion to Set Aside default that claimed we had been served, but we hadn't been served. That submission was bounced by the courts within hours as well. It's unclear at this time how they got that bounce so fast, and if that as just done to add more confusion or if they had just truly made a bad filing. They then resubmitted that Motion and it was accepted by the courts 2 days later.
Thus, as of 6/20/2023 they had us believing a Motion to Strike gone on file with Monterey County and they had a Motion to Strike on file with the courts.
On 7/1/2023, I sent Madriaga an email that asked all the right questions about the confusion related to serviced fo a Motion to Strike that was absent of a Motion to set aside default. In that I also questioned his use of electronic service without permission. Neither Madariaga or Bucholz responded.
On 7/2/2023 a manila envelop was put in the mail to us from Fowler legal with a full copy of the Motion to Strike inside. Not notice was provided to us it was going in the mail. We received it several days later. That proved he/they had gotten the email and it proved they wanted us to believe a Motion to Strike was the driving factor for the pending hearing.
From 7/15/2023 through the end of July, things started to unravel for both of them.
Initially, their lack of responsiveness was documented along with concerns about the confusion related to the Motion to Strike. Neither of them chimed in to say we were heading in the wrong direction.
Then we discovered the confusion trick via a Case Management Statement that included one carefully placed line of text that anyone skimming the document would have missed, which indicated the hearing was for a motion to set aside default not a motion to strike.
Madariaga and Bucholz were confronted the scheme and this is where their behavior gave them away. At that point, an insincere attempt could have been made to claim "accident". It would have been riddled with holes that few would have believed, but it could have ended there. Instead of doing that, Bucholz manipulated emails with a new service and Madariaga started making statements about their 6/8 to 6/10 motion to strike filings that were patently false. He seemed to feel comfortable extending the scheme because 1) he felt we'd be unable to obtain the records from the court to prove he was committing more fraud and/or 2) he knew he'd gain protection from the Judges and/or the CA Bar when this Felony was exposed.
At this point we've obtained enough information from the courts verbally to make this case for Felony Fraud. The clerk has been unwilling to provide the documents needed, but we have envlop submission numbers and enough facts to know what the court can or should produce if anyone can figure out how to force it from them.
That gives rise to another question. Who is controlling the Courts and why do they feel they have no obligation to provide documents and information to someone who feels they were defrauded in a document service scheme?
As a result of this manipulation we had to rethink the acts of his clients in context with his own.
Both Madariaga and his clients had displayed very elevated level of prose control and story control. Both also showed no concerns for lying in writing in ways that should have concerned a normal citizen.
Via various analysis, what we came to surmise is that Madariaga and Vierra are last names that tie back to the "Basque Country" and the internet states that "Basques" are the "original gypsies".
While we dispute the idea that the "original gypsies" only have a history back to the 1500s , and the idea that the Basques are remotely the original gypsies, when put in modern context, we can see how that confusion may be relevant to them.
To steal a few lines from the ending of the Bar Complaint against Paul Kibel, the Seller's Attorney, with a few modifications...
Pardon my "French", "Spanish", "German", "Italian", "Hebrew", "Yiddish", "Romani", "Gaelic", and "Basque", but this shit's BROKE.
The people who have contributed the most to bringing this country to it's knees since the moon landing and gold standard departure -- long before the 9/11 financial crimes cover up -- who have been covering it all up are the ATTORNEYS in every walk of life and some of them seem to have some really inverted things in common.
Congratulations. You've won "something" I would never want to lay claim to.
To some, this is a "Jewish Problem" . To others it's a global Gypsy Conspiracy, with a subset of "Jews" just playing one of the many parts it takes to overrun countries -- just as it's been for millennia...
Hitler setup work camps to separate Gypsies from Jews. That's the story I learned at a young age that few others seem to have gotten. People around the world were clueless due to controlled education. Then, when it's brought up, it makes no sense because the word "gypsy" has always been associated in the main stream with the lower class, not the ruling class. Peaky Blinders went a long ways toward telling a modern story but even that didn't get the full attention it deserved.
Absent that, we'll start with "Fact is Stranger than Fiction for $100, Alec"
Fun fact . Alec's last name was really Terebeychuk.
Ukrainian origins with ties to French-Canada, or so they want others to believe today... >>
https://www.reddit.com/r/ukraine/comments/1bgwt5r/alex_trebeks_original_family_last_name_was/
If I told you my lineage, you wouldn't believe me because you all think you know everything, thus no need to toss pearls at swine. Amen.
Documents
Documents
Bar Complaint Docs
Doc1 - Bar Complaint Form ( 3 pages)
Doc 2 - Bar Complaint Intro / Summary for- David Madariaga (8 pages)
Doc 3 - Detailed "Admit" Document (13 pages)
Doc 4 - All Email Dialogue (100+ pages)
7/15/2024 - CMC Doc t from Madariaga - view (this is where we found out about the motion to set aside default - on page 2 section 4b. Look how he wrote that in the wrong section of the document -- he was supposed to summarize the cae thrre -- and he slammed it right up against question text so it was barely seen... When we skimmed document we missed it 2s because that paragraph starts out talking about a case summary and looks like he left it absent... )
8/9/2024 - Court Clerk Docs exposing fraud letter and court submission records | bar list w dead man | dead man obit
8/13/2024 - Bar complaint Acknowledgement - 24-0-21232 view acknowledgement
8/15/20234- Email to Paralegal Requesting/Demanding Clarity email attachment with admit statements (she never replied)
8/21/2024 - Attorney / Paralegal Fraud - Court Clerk Conspiracy Concerns email attachment
Short of proper discipline,
this gets Appealed to the CA Supreme Court.
Nobody has a position to watch these watchers anymore,
and they are not watching out for the rest of us.
No other way to shed light in the malfeasance at the CA Bar.
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