NCFM NOTE: This is one of the worse, most blatant, and obvious case of cronyism in which we’ve been involved; or, seen for that matter. The Court is allowing a 427 acre ranch and all improvements to be sold ostensibly over roughly$8,000 in code violations all of which the owner, Jerry Cox, repaired. What’s up with that? Who is the unnamed buyer set to own the property for below appraised value? Crony number who?
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But major clause in order could also kill the deal, attorney says
June 20, 2019
By GREG LITTLE Editor, Mariposa Gazette
It looks as if landowner Jerry Cox is about to lose his 437 acres of property.
The Cox case has been a high-profile matter for more than two years — including another case in which he was charged with 15 felonies and faced life in prison before those charges were dropped by the former district attorney.
Not long after that happened, the receivership case against Cox came to the forefront and now that case may be nearing its end.
That end will be Cox’s property being sold and Cox being put out on the street — a place he is used to because he was ordered out of his house for over a year before being able to go back a few months ago.
Last week in Mariposa County Superior Court, Judge Dana Walton — who has drawn the wrath of Cox’s attorney — ordered the sale of the entire property, which entails three tracts of land. It also includes a home and outbuildings.
Cox’s attorney has argued for months the $700,000 selling price was far below the market value, but the court proceeded with the order for the sale.
However, one caveat in that order could throw yet another wrench into the mix.
The hearing last week, too, was not without some strong words from attorney Marc Angelucci, who represents Cox. Angelucci is the vice-president of the National Organization for Men, a group that fights for men’s rights across the country. That’s how Angelucci became involved because of the felony charges placed on Cox.
Those charges were based on a story told by a woman Cox met on the dating website farmersonly.com. The charges hung over Cox for almost two years before former Mariposa County District Attorney Tom Cooke dropped the matter, only saying he didn’t think he could prove his case in court.
The woman, Ashley Harris, said she was raped by Cox, however, documents provided to the court on behalf of Cox indicated she was caught in a lie in another court matter and it directly contradicted her statements in the alleged rape case.
It was then the national men’s group got involved, along with Angelucci.
Since that time, Angelucci has not held back when describing what he calls the injustices in the Mariposa County court system — and the county in general.
He made that clear last week when given a chance to speak by Walton.
“The county has destroyed Mr. Cox,” said Angelucci, adding Cox is now on food stamps because of the actions of the county.
“This is the worst abuse of power I have ever seen in my career,” Angelucci told the court. “You should all be ashamed of yourselves.”
But Angelucci also vowed not to back down.
“I will continue to fight this,” he said.
How he does that remains to be seen, but he did give an indication.
“All we can hope for is there is some justice in a higher court,” said Angelucci.
He again reiterated the sale price of $700,000, saying an appraisal showed the property to be worth somewhere in the $1.5 million range.
He also criticized the receiver in the case, Mark Adams of California Receivership Group, saying in the end, the repairs at the property cost less than $10,000 after Adams had predicted it would be more than $200,000. A large chunk of those funds include security that was present at the property after it was seized by the county.
Court documents filed by Adams indicate he is seeking nearly $250,000 as part of the settlement in the case.
Over the past few months, the court did allow the property to be placed on the market, though no sale can be final until it is approved by the court.
That seemed to be the case last week when Walton ordered the sale of the property, but set various conditions — one of which could play a big factor in the outcome.
The order from the judge was the potential buyer be informed that unpaid attorneys fees in this disputed case could be the responsibility of the buyer, if it is pressed legally.
“That could kill the deal,” said Adams.
The judge agreed, saying it would be a “red flag” to any potential buyer, but he also said the “buyer needs to know.”
Other parts of the order included the buyer be informed about the implications of the Williamson Act, which is an agriculture law in California; that once escrow closes, Adams confirm it with the court; and that all funds be placed in a trust and no money be dispersed “other than liens of records.”
He also ordered that if the sale does go through, Cox has seven days to vacate the property.
How the funds will be distributed, said Walton, will be determined at a formal discharge hearing involving all parties: Cox, the receiver group and Mariposa County.
Walton predicted that would be a “very tedious process” and said he would schedule two full days in court for that hearing.
“Let’s clean up the mess and not create a new one,” said Walton.
Walton also ordered the attorneys to “meet and confer” on the issues before any hearing date is set. He also gave the attorneys seven days to object once the final order is drafted and distributed.
Mariposa County Counsel Steve Dahlem told the court the only intention in this case was the “county wanted to make sure” there were “no code violations” on the property.
That’s how the entire receivership case began when the court ruled there were more than 100 code violations on the property. County officials said they have been trying to get those corrected for years and Cox would not cooperate.
It was after that the county began the receivership proceedings against Cox and is what led to the last two years of the case in which Cox has argued the county overreached.
Said Angelucci: “This whole thing is corruption. I’m blown away by what I see.”
NCFM Jerry Cox case update, Cox property sale ordered by judge
