Fact vs. Fiction in The Court Action To Rescue Pacifica
There have been lies, misstatements, misinformation, and propaganda disseminated about the nature of the recent lawsuit involving Pacifica Foundation, Inc. Let’s set the record straight here.
First, everything done in the lawsuit has been in accordance with the laws of the State of California.
Second, the plaintiffs are not suing Pacifica Foundation. The case was brought ON BEHALF of Pacifica Foundation. The plaintiffs are trying to save it. They are not asking Pacifica Foundation to pay any money to any person.
It is being said is that the plaintiffs set up a new nonprofit organization in order to take over the assets of Pacifica Foundation. That’s pure fiction. Don’t believe it!
One false statement refers to “the secretive and abusive action was an abuse of their membership rights in the attempted theft of public properly property collectively held by all of Pacifica as members.” But Pacifica members do not own the property of Pacifica Foundation, “collectively” or otherwise. The Pacifica Foundation is a California nonprofit corporation. No one owns its property except the corporation itself. If anyone tells you the members or directors own the property of Pacifica Foundation, don’t believe it.
There’s another statement that the plaintiffs are seeking to “give Pacifica Foundation assets to the California courts.” But courts don’t own property – they are part of the state government. The lawsuit pending in the court now is trying to compel two directors – one present and one past – to repay Pacifica Foundation money and assets that have been lost by the Foundation on account of their actions, while they have been directors on account of their misfeasance, malfeasance and negligence. Those are the only people sued in this lawsuit. If anyone tells you anything different, it’s not true.
It’s said that the plaintiffs traveled to Los Angeles with their attorney to make a court appearance and violating state COVID guidelines. That is a lie, a complete fiction. The plaintiffs’ attorney was the only one there for them.
There’s another false statement that a receivership hands over all of the Foundation’s assets to an independent party appointed by the court. That is not true. A receivership is a custodial arrangement where the receiver is bound by fiduciary duties to preserve the assets of the corporation. The assets remain owned by the Foundation and the receiver is supervised by the court. Don’t believe anyone who tells you the plaintiffs were trying to take assets of Pacifica away from Pacifica.
Finally, there’s the false statement that Pacifica members will pay the legal fees to defend this case. That’s not true. More pure fiction.
If you have any questions about any of this, you should consult with a lawyer of your own choosing. These are the straight unembellished facts.
Please look beyond the spin, propaganda and outright lies being sent to you. As Mark Twain said, “A lie will travel halfway around the world while Truth is still putting on its shoes.”