William Markham by mrslippery


									 1   STEVEN TODD OTTO
     6707 Breakers Way
 2   Ventura, CA 903001
 3   Tel: (805) 653-5058

 4   Plaintiff in Pro Per




 8                            COUNTY OF VENTURA- CIVIL DIVISION


10   STEVEN TODD OTTO,                                    CASE NO. 56-2012"00415795"CU"HR-VTA
11                                                        Assigned to The Hon. William Q. Liebmann
12                                                        TRlAL MEMORANDUM; DECLARATION
            vs.                                           OF STEVEN TODD OTTO;
13                                                        DECLARATION OF ROBERT & JANET
14                                                        C. ERNEST; DECLARATION OF RONALD
                             Defendant.                   AUSTIN; DECLARAITION OF CATHY
15                                                        NAZARIAN; DECLARATION OF JAMES
16                                                        PERRY BALLARD; DECLARATION OF
                                                          ROXANNE EARNEST
17                                                        Date: June 28, 2012
18                                                        Time: 8:30 a.m.
                                                          Dept.: 33


22                          MEMORANDUM OF POINTS AND AUTHORITIES
23                                                    I

24                                          INTRODUCTION

25          "Legal and personal harassment" . . . "Continuous cycle of threatening incidents" ...
26   "Increasingly bizarre, paranoid, agitated, and confrontational" ... "Mental instability" ...
27   "Likelihood to 'snap' and become violent" ... "Schizophrenia" ... "Fear for our personal

28   safety" ... "Terror."

                   Plaintiff maintains that on the evening of April9, 2012 Defendant William Colfax

           Markham, III appeared in Plaintiffs living room~ physically assaulted him and then stated, "If

           you report this and follow through with this I will kill you ••• I own a gun and will blow
     4     your head off if you do this ••• if [Sheriff's} arrive and I'm still here you are a dead man, I'I
 5        make sure of it."
                  The rest of the observations above regarding William Colfax Markham in the first
 7        paragraph above are not made by Plaintiff. Rather, those statements regarding Defendant are
 8        made by over a half dozen other neighbors in two different distant neighborhoods who have
 9        lived near Defendant over the past half-decade.
10               Until the incident on April 9th, Plaintiff was unaware of these prior allegations against
11        Defendant or the identities of many of those providing the attached declarations and letters.
12        Most of them still were too afraid to get involved and the documentation attached is a small
13        sample of a much larger picture.

14               As far back as Plaintiff was able to inquire into Defendant's past, a history of physical
15        violence and other bizarre incidents involving death threats with guns have followed Mr.

16        Markham. The incidents have often involved graphic threats to animals and people, which are

17        made more believable by Defendant's claims to have shotguns and, according to one attached

18        affidavit, an "'arsenal' of weapons."

19               Yet Defendant has perpetually escaped any consequences for his actions because

20       Defendant's family fortune has enabled him to buy legal representation to further intimidate his

21       victims. This is something Mr. Markham boasts of. Here, Defendant's counsel apparently has

22       not instructed him to turn over his weapons to the police department as required, nor has

23       Defendant done so. Defendant has effectively managed to delay the proceedings by non-

24       l appearance and disqua)ification of the family law commissioner assigned to the case who
25       granted the TRO for good cause shown.
26               The purpose of the instant Memorandum is to focus on the facts underlying the

27       allegations in this case by introducing declarations that Plaintiff has engaged in very similar past

28       conduct and remains likely to engage in such conduct in the future. The allegations of many
          different people, many of whom do not even know each other, revolve around a very common
     2    theme of Mr. Markham provoking physical altercations with people bigger than him and
          becoming injured. The altercations all seem to arise out of Mr. Markham's paranoid delusions.
     4   Mr. Markham then threatens to shoot people with guns if they report matters to the police,
 5       followed by threats of legal action from hi~ "legal team" of the "best lawyers."
 6                   This team of lawyers is expected to argue that the attached declarations are hearsay.
 7       This is true. But hearsay declarations are admissible in a restraining order case at trial. These
 8       declarations are only presented to demonstrate Mr. Markham's propensity for violent statements
 9       and acts. The declarations are relevant because they establish a history of very similar violent
10       conduct by Defendant Some of the af:fiants have indicated they are willing to come to Court and
11       will be available to testify. Others have indicated that they are too afraid for the safety of their
12       families.

13                                                         II
16              At the hearing, the court must consider any relevant evidence, including hearsay

17       evidence, when deciding whether to issue an injunction prohibiting the harassment. CCP
18       §527.6(i).
19              "Indeed,      a   proceeding   for   an   injunction under    section   527.6 (and,
20              correspondingly, § 527.8), need not proceed as a "full-fledged evidentiary

21              hearing with oral testimony from all sides." (Schraer, supra, at p. 733, fn. 6.)
22              Rather, the hearing may be based on affidavits or declarations, which are

23              themselves a form of hearsay evidence. (See ibid) In addition, a petition for an

24              injunction under section 527.8 is heard by the court, not a jury, and is decided by

25              the clear and convincing standard of proof Trial judges are particularly aware of
26              the potential unreliability of hearsay evidence, and are likely to keep this in mind

27              when weighing all of the evidence presented." Kaiser Found. Hosps. V Wilson
28              (2011)201 CA4th 550, 557.
     1           CCP §527.6(d): " ... At the hearing, the judge shall receive any testimony that is relevant,
 2       and may make an independent inquiry. If the judge finds by clear and convincing evidence that
 3       unlawful harassment exists, an injunction shall issue prohibiting the harassment An injunction
 4       issued pursuant to this section shall have a duration of not more than three years.''

 5               "Harassment" means unlawful violence, a credible threat of violence, or a knowing and
 6       willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses
 7       the person, and that serves no legitimate purpose. The course of conduct must be such as would
 8       cause a reasonable person to suffer substantial emotional distress, and must actually cause
 9       substantial emotional distress to the petitioner. CCP §527.6(b)(3).
10       Dated: June 11, 2012                                 Respectfully submitted,

                                                              STEVEN TODD OTTO
13                                                            Plaintiff in Pro Per








     1                             DECLARATION OF STEVEN TODD OTTO
     2    I, Steven Todd Otto, hereby declare:

 3                1.      I am over 18 years of age and the Plaintiff is the above entitled action. I am
 4       personally familiar with the following facts and would and could competently testify to same if
 5       called upon to do so.
 6               2.      Since the issuance of the TRO in this case, things have been relatively peaceful,
 7       which is to say the TRO appears to have prevented further death threats. In fact, I think I have
 8       since suffered more harassment at the hands of Defendant's lawyers than Defendant himself As
 9       evidenced by the numerous motions that have had to be filed, Defendant's lawyers have been
10       relentless in attempting to take depositions that have no bearing in this case. I have had to spend
11       countless hours fighting this, when ethical lawyers might have better spent their client's money

12       trying to solve their client's problem rather than encouraging the symptom. But that would kill
13       their golden goose.

14               3.     At the initial hearing on the TRO I was taken aback at the audacity of opposing

15       counsel actually lying to the Commissioner straight to his face and making up facts regarding an

16       incident counsel clearly knew nothing at all about.. Had I had not been prepared with the proper

17       facts and documentation the Commissioner would have conducted the entire hearing on a

18       completely contrived story. But why bother telling the truth when skilled lawyers can later just

19       disqualifY the Commissioner for no reason and have a fresh second bite at the apple in front of a

20       Judge who has no opportunity to read anything regarding the case?

21              4.      On April 30, 2012, the date set for the hearing on the permanent injunction, the

22       exact same thing happened. Mr. Markham did not attend for any other reason except that his

23       mental state of mind was broken. He did not even tell his attorneys he wasn't showing. His three

24       subpoenaed witnesses gave up their time and income to show at this trial only to be asked to

25       return when the defendant might attend on June 14th. Mr. Markham's counsel once again had a
26       fresh opportunity to make up a story out of thin air, stating that due to the medication their client

27       was taking for the injuries sustained he could not make it to Court, unable to drive. This was

28       despite the fact that Mr. Markham showed up at the first hearing weeks prior and he was seen by
     1    several neighbors driving during that exact time of the second hearing, coming and going from
 2       his home. Witnesses will testify to this.

 3               5.      At this juncture, I genuinely have no personal animosity towards Mr. Markham. I
 4       realize he is ill and would like to see him get the help he needs. But I cannot put my own safety
 5       concerns aside. I remain in fear because Mr. Markahm has not given up his guns. He continues
 6       to shout things over the fence at Ms. Bogan. His current landlords, the Hickey Brothers Land

 7       Company, worship the almighty dollar and Mr. Markham is their golden goose as well, Mr.

 8       Markham's father paying six months' rent in advance everywhere he goes. The Rickeys appear
 9       totally oblivious to the fact that it is inevitable that they will wind up in the same predicament as
10       Mr.Markham's two prior landlords, both of whose declarations are attached.

11               6.     Money buys so very much. It also buys false witnesses. Mr. Markham pays one
12       subpoenaed witness "Peggy" to do his grocery shopping and laundry. He pays his other
13       subpoenaed witness, Peggy's boyfriend "Art", to wash his car for $40 every few days and to be
14       his errand boy. One errand for Art involved violating the TRO by Markham directing his

15       employee/neighbor/witness to twice approach Ms. Bogan, who is protected by the restraining
16       order, to pass messages to Ms. Bogan that Mr. Markham "really needs to talk." These two
17       people appear to be Mr. Markham's only "friends." What these two known leeches will claim to
18       have witnessed remains a genuine mystery.
19              7.      My home has been on lockdown since the incident where Mr. Markham attacked
20       me in my living room and threatened my life and those dear to me. There have been 11 threats
21       from him to end my life, not just that night, but many times after. My daughters, family, and

22       friends are not allowed to visit due to the nature of these serious threats. But I soon found I
23       wasn't the only victim of this psychosis.
24              8.      After finding that Mr. Markham also threatened his ex-landlord, Robert Brenner

25       and his wife in similar manner, I realized it was my duty to follow through with this restraining
26       order and whatever legal means I could muster to make things safer in my neighborhood. This is

27       not about any vendetta or personal grudge. Untreated, the Defendant is truly a threat in any
28       neighborhood he resides.

                  9.      As his temperament became more explosive, even with a TRO in place, Mr.
          Markham began intimidating Ms. Bogan by yelling threats over the fence at the start ofher drive
          to work. At that time I had a distinct hunch that his behavior could not be isolated to this just
          this new community he had m~ved into. So I found his previous address where he lived in Ojai
 5       and went knocking on his prior neighbor's doors to see what information they might have. Their
 6       stories were shocking, but familiar.
 7               10.     I found that Mr. Markahm's neighbors were at first eager to tell their stories about
 8       how the defendant terrorized them during his duration there. Of the six households I spoke with
 9       three have come forward and three were so terrified that, understandably, they would have
10       nothing to do with Mr. Markham. I found it amazing that anyone would come forward now that

11       their threat had left town. Imagine having to deal with this type ofdanger for five years, taking

12       three years to finally expel him from their community, and then a total stranger comes asking for
13       help by dredging up the past.

14              11.     This ordeal has taken on a new meaning. The defendant needs serious help. Our
15       community as well as the next one he's shuffled off to by his parents needs to confront this issue.

16       A victory for his lawyers is a loss for Mr. Markham. By any measure, this trial is a lose/lose
17       situation for my neighbors and myself. No matter what the judgment in this case, Mr. Markham
18       will inevitably "snap'' at one point and a restraining order will not stop what he has threatened to
19       do if he should decide to do so.

20              12.     For myself, the value of this whole process is an education on how the "hangers

21       on" and the lawyers can get away with so much deceit to line their pockets with the Defendant's

22       family money. That money would be better spent on helping the defendant get well and keep him
23       from terrorizing other communities. The following declarations speak for themselves.
24              I declare the foregoing to be true and correct under penalty of perjury under the laws of

25       the State of California. Executed this 12th day ofMay 2012 in Ventura, California.


28                                                                       TODD OTTO
                              DECLARATION OF MARION C. EARNEST

 2   I, Marion C. Earnest, hereby declare:

 3           1.      I am over 18 years of age and a citizen of the State of California. I have personal

 4   knowledge of the facts stated herein and if called upon to testify to those facts I could and would
 5   do so competently.

 6          2.        My relationship with William (Bill) Markham was as his landlord. He rented my

 7   property at 5166 Reeves Road in Ojai, CA. His father paid upfront 6 months' rent(+ deposit,

 8   etc.), and continued to pay in a timely fashion every six months.

 9          3.       My problems with Bill began on approximately December 4, 2005. Around this

10   time I hired Tony Dicapua to repair a water main leak at Bill's house. Apparently Tony was

11   working and needed to shut off the power and water so as to complete his task. Bill became irate

12   and thus ensued an altercation that became violent. Bill made serious threats to Tony that

13   resulted in legal and personal harassment.

14          4.       From then on, a continuous cycle of threatening incidents involving Bill occurred.

15          5.       My daughter, Roxanne Earnest, lives in the back house on my property just

16   behind 5166 Reeves Rd. She drove Bill Markham to the hospital just after the incident he had

17   with Tony. She said, Bill claimed that Tony had attacked him and he felt he was about to suffer a

18   heart attack. Roxanne and I were completely stunned at Bill's accusations because we've known

19   Tony for many years and knew that Bill count not possibly be speaking the truth. Even so,

20   Roxanne and I remained cordial to Bill fhroughout the years as we know how easily he can

21   become upset.                           I

22          6.       After that, I heard Mike karrett to complete the work at 5166 Reeves Rd. Mike

23   claims that Bill became irate with him Jnd swung a pipe out of anger.

24          7.       I received numerous phdne calls and a letter from the neighbors on Reeves Rd.

25   regarding threats and harassment they ehdured from Bill Markham.

26          8.       My daughter, Roxanne, lnd my grandsons, Trenton Chew and Jakob Chew, also

27   spoke of numerous concerns about thei1 safety and being at peace when Bill resided in the front
28   house on my property.
                  9.      A notable incident which resulted in a restraining order against Bill was with a
          neighbor on Reeves Rd. The harassment began over the neighbor's motorhome being parked
 3        where Bill didn't like it. This incident turned into a major fiasco.
 4               10.     Over the course of many years as Bill's landlord, I never raised his rent. I
 5       responded to any of his property/household concerns in a timely fashion. I remained very

 6       accommodating, polite, and generous. After giving him a 30 day eviction notice, I allowed him

 7       to remain living at 5166 for an additional3 months. I was extremely cordial, as I didn't want to

 8       cause Bill to become belligerent. The signs are all there. Anything will set him off. After he

 9       final1y turned in his keys, he wasn't willing to give me any forwarding address and his phone

10       number was disconnected. He has not paid me for that additional three months of rent. I

11       contacted his father, William Markham, Sr., but never got any response after numerous

12       messages. Recently, I again phoned Bill Sr. to discuss the back rent owed to me. This time, I

13       received an answer of"Hello.: I then asked, "Is this Bill?" The response was, "Yes," I then

14       said, "William Markham, Sr.?" The response was, "Yes." I then said, "This is Duke Earnest.

15       Bill R. then hung up the phone. The phone call was made approximately a month ago. This is

16       just another indication of William Markham Sr.'s knowledge and perpetuation of problems as it

17       concerns his son, William Markham, Jr.

18              I declare the foregoing to be true and correct under penalty of perjury under the laws of

19       the State of California. Executed this lOth day of June 2012 in Ojai, California.


21                                                             MARION C. "DUKE" EARNEST




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                                      ( Dl.\~-e..             E c.tTV\ e~
 1                              DECLARATION OF RONALD AUSTIN
 2   I, Ronald Austin, hereby declare:

 3           1. I am an adult and a citizen of the State of California. I have personal knowledge of
 4   the facts stated herein, except those matters stated on information and belief and, as to those
 5   matters, I believe them to be true. If called upon to testify to the statements made herein, I could
 6   and would do so competently.

 7          2. I live at 6216 W. Ocean Avenue in the community of Mussel Shoals in North Ventura
 8   County across the street from 6290 W. Ocean Avenue which is the address of William Markham
 9   who is the defendant in this case.
10          3. In or around late January 2012 I arrived home and saw three police cars on Ocean
11   Avenue. I saw officers talking with my new neighbor, Will Markham, and I assumed that there
12   may have been a burglary. I approached Mr. Markham and one of the Ventura County Sheriff's
13   Deputies talking to him and was told that the officers were questioning Mr. Markham regarding a
14   crime and that I should go inside my house.
15          4. A few minutes later an officer came over to talk with me and asked me how long I
16   had known Mr. Markham. I told the officer that I had only just met him. The officer informed
17   me that they had many prior problems with him and that I should steer clear of him. I was
18   unwilling to accept this explanation since Mr. Markham had only just moved in and from the
19   look of his garage, he had not even unpacked. I told the officer that I had spoken Mr. Markham
20   him only briefly and he seemed like an extremely mild mannered person. I asked what problems
21   the officers had with Mr. Markham or who had called them and the officers declined to give me
22   any information.
23          5. Several hours later I spoke with Mr. Markham and asked him what the problem was.
24   He told me that he was having a problem with his prior landlord down the block, Mr. Robert
25   Brunner. Mr. Markham stated that Mr. Brunner had stolen $6000 cash from him hidden in a
26   drawer. This was difficult for me to understand especially given that Mr. Brunner and his wife

27   own one of the nicest beachfront homes in Mussel Shoals, a community where some homes are
28   priced upwards of four million dollars. I know Mr. Brunner also has family in law enforcement.
 1          6. Initially, I sympathized with Mr. Markham's apparent problems. Upon speaking with
 2   Mr. Markham further, he said some things that seemed utterly bizarre to me. He stated that he
 3   could not retrieve his computer from Mr. Brunner and this was costing him $10,000 per day. Mr.
 4   Markham then stated that Mr. Brunner would break into his room when he was living at Mr.
 5   Brunner's home and eat his food. He went on to say that he thought Mr. Brunner was breaking
 6   into his new home and smearing toothpaste in the bathroom when he was not home and that Mr.
 7   Burnner was doing something with the locks. He also said that he thought Mr. Brunner or
 8   someone else was stealing his mail.
 9          7. In a subsequent conversation only a few weeks later Mr. Markham told me he had no
10   further problems with Mr. Brunner and that he considered his issues with Mr. Brunner to be past
11   history. I wondered how Mr. Markham could have been so adamant that he had been robbed and
12   violated by Mr. Brunner recently, but now had no apparent bad feelings about the horrendous
13   things he claimed Mr. Brunner had done to him.
14          8. Many years ago, I worked at the UCLA Brain Research Institute for several years
15   under neuroscientist Dr. Arnold Scheibel and I have reviewed at least a hundred files of deceased
16   schizophrenic patients whose brains were donated to the laboratory. I recognized that many of
17   the things Mr. Markham was telling me were consistent with symptoms of schizophrenia, which
18   is a far more common affliction than widely perceived. Often stressful situations trigger
19   schizophrenic episodes in sufferers who ordinarily behave completely normally otherwise. The
20   possible symptoms I believe I have observed in my brief encounters with Mr. Markham are
21   paranoia, mild stupor, and reclusive behavior. I worked in the capacity of a researcher and I am
22   not a medical doctor so my observations should be taken as mere speculation.
23          9. I later spoke with Mr. Markham's ex-landlord Robert Brunner and he described Mr.
24   Markham as an otherwise good tenant who seemingly just went berserk one day because he
25   thought water was turned off. Mr. Brunner said Markham grabbed him by the neck and
26   threatened to blow his head off with a gun. Mr. Brunner felt that maybe the stress of moving had

27   triggered something in Mr. Markham to behave in this fashion.

 1           10. My next encounter with Mr. Markham involved an incident in which his trashcan had

 2   burned and melted into the ground late one evening. I had parked my vehicle a foot from the

 3   trashcan in front of Mr. Markham's apartment the day prior. Another neighbor approached and

 4   told me of huge flames within the trashcan and that the fire department was called. My bumper

 5   was lightly burned and I was fortunate that my car did not catch fire. I talked with Mr. Markham

 6   about this and he said that he felt that I had started the fire with ashes from my fireplace. I

 7   assured him that I did not, but something about the incident and his response struck me strange

 8   enough that I decided to keep my distance from him at that point I do not mean to imply in any

9    way that I believe Mr. Markham started the fire, just that his response seemed odd to me.

10           11. Approximately a month later, on the evening of Apri19, 2012 another neighbor,

11   Steve Otto, told me that Mr. Markham had come into his home a couple of hours prior and

12   attacked him while he was on his sofa. Mr. Otto stated that Mr. Markham had threatened to kill

13   him with a shotgun and Mr. Otto called police for that reason. Mr. Otto was very worried

14   because he says he believes Mr. Markham has a large inheritance and appears capable of

15   carrying out his threats.
16           12. Aside from the minimal contacts I have had with Mr. Markham detailed here, I have

17   personally never had any negative issues with him that he has had with some of the other

18   neighbors. In fact, in approximately six months he lived next to me I barely saw him outdoors

19   and in the last two months I have not seen Mr. Markham. I am completely perplexed by this

20   whole affair.
21           I declare the foregoing to be true and correct under penalty of perjury under the laws of

22   the State of California. Executed this 11th day of June 2012 in Ventura, California.



25                                                                  RONALD AUSTIN




 2   We, Robert & Janet Brunner, hereby declare:

 3               1. We are over the age of 18 years and citizens of the State of California. We have
 4   personal knowledge of the facts stated herein and if called upon to testify to the statements made
 5   herein, we could and would competently do so.

 6              2. We live at 6640 Old Pacific Coast Highway in the community of Mussel

 7   Shoals. We rented a room to Mr. William C. Markham, Jr. Mr. Markham began renting from us

 8   on 6/1/2011. He was a good tenant until he gave notice on 12/28/2011. William originally was
 9   not much of a problem but occasionally showed odd behavior.
10              3. Utilities are provided for the tenant so we were not pleased to find out William
11   installed a large shower head in the shower when this is clearly against the rental agreement he
12   signed. He was not given permission to do so.

13              4. He was instructed to park his vehicle across the street but that quickly became an
14   issue for him. He did not want to share the area which allowed three cars to fit there. He used
15   construction cones to block off the other spaces for an unknown reason when there was clearly
16   enough space for him to share the area.
17              5. Once he gave notice on 12/28/2011 he began moving out his belongings. On
18   Sunday evening January 15,2102 at around 9:30P.M. we heard loud noises coming from the
19   stairwell to his unit. We went outside and saw nothing. But once again we heard doors
20   slamming, loud footsteps, we though possibly our tenant was in trouble.
21              6. Robert again investigated by going outside and his wife Janet staying behind the
22   closed front door but she was able to hear everything being said. Robert asked, "What is going
23   on William'?" William was standing there with a neighbor by the name of Peggy at his side.

24   William said "you fucking turned off the hot water!" William assumed that Robert had shut off
25   the hot water to bother him. William had at one time complained that the water was not hot
26   enough so we turned up the water heater and when asked about the water temperature he never

27   said any more about it. We assumed the problem was fixed.

                         7. William went on to loudly, verbally abuse Robert stating, 'Tm going to stay here
     2    for two years, I have the best attorney team and will sue you!"
                         8. William also said Robert had stolen "power bars" and "flip charts" from his unit
     4    and William claimed to have Robert on video tape doing so. Robert denied doing any of the
 5        things he was being accused of at which point William shouted, "Are you calling me a liar?"
 6                      9. Nothing Robert said was getting through to William. William seemed to be very
 7       enraged with his eyes bulging and not willing to hear anything that was being said to him.
 8       Robert suggested that they go upstairs to test the water temperature.
 9                      10. When they reached the top stair William grabbed Robert by the throat Robert fe1
10       that William was trying very hard to have Robert strike him in anger. In the verbal assault
11       William threatened to "blow Robert's head off'' and that he would "burn down the house."
12                      11. William also stated that if Robert told William's new landlord Terry Banks what
13       was happening that evening he would "blow Robert's head off'' and that he "has a ton of

14       lawyers." Robert never raised his voice during this entire incident. He did ask William why he

15       was saying these things and if there was anything wrong with him.

16                      12. William and Peggy left quickly after checking the water temperature. We did
17       find out that our water heater assigned to the unit was going out and replaced it within two days.

18                      13. A second confrontationoccurred Friday January 20, 2012 when William and

19       Peggy were moving out a few boxes. Robert asked him how he was doing and William stated,

20       "Not good." William went on to accuse Robert of stealing $6000 which he had hidden in several

21       places in his unit William also accused Robert of breaking into his new apartment in the

22       neighborhood and hammering it up.

23                      14. William simply stated that Robert owed him $6000 and not to call the police.

24       Robert asked William why he didn't call the police regarding the alleged theft and William stated

25       that he never calls the police. William stated that he "would get his money back from Robert ....

26       believe it."

 1                  15. William was given his entire security deposit back on January 31, 2012.

 2       Surprisingly he did however apologize for the confrontations that occurred prior to that and
 3       wished to just move on.

 4              I declare the foregoing to be true and correct under penalty of perjury under the laws of

 5       the State of California. Executed this 11th day of June 2012 in Ventura, California.


              ROBERT BRUNNER                                        JANET BRUNNER
 9                 &;c {J,/:J-                                                 [p.    )/./a...









24   l

                                DECLARATION OF JAMES PERRY BALLARD
     2    I, James Perry Ballard, hereby declare:
 3               1.
                         I am over 18 years of age and a citizen of the State of California. I have personal
         knowledge of the facts stated herein and if called upon to testifY to those facts I could and would
 5       do so competently.
 6               2.     I live at 5164 Reeves in Ojai, California. I am a former neighbor ofWilliam
 7       Markham.

 8              3.      The first interaction that I had with Will was when he posted a note on my front
 9       door about my family dogs. We own two labs, one of which escapes sometimes, but we had no
10       other neighbors complain about our dogs.

11              4.      The nest time we met, I had a confrontation with him when I was driving around

12       the neighborhood looking for our lab. He blocked my truck as I was turning around on

13       McAndrew road and accused me of "casing his house" to steal his property. He also accused me
14       of stealing his mail and said that he had video of me doing so. I met will and his landlord at his
15       rental house and Will could not provide his video of me stealing his mail. He claimed he had spy

16       cameras on his roof and that his lawyers had the video.

17              5.      Will also claimed at a different time that he had cameras on his roof and he could

18       See through the vegetation two lots away. While I was working on my neighbor's fence gate he
19       wanted to come on to the property. I advised him that was a bad idea. He did not recognize me

20       from previous encounters.
21              I declare the foregoing to be true and correct under penalty of perjury under the laws of

22       the State of California. Executed this lOth day of June 2012 in Ojai, California.

     1                              DECLARATION OF CATHY NAZARIAN
     2    I, Cathy Nazarian, declare as follows:

 3               1. I am over 18 years of age and a citizen of the State of California. I have personal

 4       knowledge of the facts stated herein and if called upon to testifY to those facts I could and would
 5       do so competently.

 6               2. I live at 6216 W. Ocean Avenue in Ventura California next to where the Defendant in
 7       this case resides and couple of houses down from where the Plaintiff lives, at the intersection of
 8       Ocean Avenue and Breakers Way in the small community ofMussel Shoals.
 9               3. On or about April 10, 2012 Steve Otto, my neighbor of approximately nine years,
10       saw me at my front sliding glass door and approached me to relate an incident that happened a
11       day or two prior regarding another neighbor by the name of Will Markham, who had just moved
12       in next door a few months prior.

13              4. At about that time, Mr. Markham appeared in the intersection about twenty feet
14       outside my sliding glass door with another neighbor by the name of Art. Mr. Otto indicated he
15       had better leave in a hurry to avoid a confrontation and he walked around the house and up the
16       street to avoid an encounter with Mr. Markham.
17              5.   Mr. Markham then shouted something at Mr. Otto and Mr. Otto then shouted
18       something back while walking away. I returned to the sliding glass door and heard Mr. Markh
19       shout, "You owe me twenty to a hundred thousand ... you broke my arm!" As I was exiting the
20       door to see what was going on I observed Mr. Markham make his thumb and index finger into
21       the shape of a gun, point at Mr. Otto and pretend to fire by recoiling his hand. This was
22       disturbing to me so I began to retreat back inside the house because I was afraid there might be a
23       physical fight about to occur, but Mr. Otto proceeded to walk away.
24              6. At this point Mr. Markham, who prior did not even realize I was standing there,
25       motioned to me and then called me over, apparently wanting to explain to me what had just
26       happened. I did not want to get involved in whatever the situation was since I am acquainted

27       with both Mr. Otto arid Mr. Markham, both of whom I have never had a problem with. The
 1   situation seemed very explosive to me and I am glad that there have been no similar incidents in
 2   the past several months.

 3   I declare the foregoing to be true and correct under penalty of perjury under the laws of the State
 4   of California. Executed this 11th day of June 20 12 in Ventura, California.
















     1                             DECLARATION OF ROXANNE EARNEST
 2       I, Roxanne Earnest, hereby declare:
 3               L       I am over 18 years of age and a citizen ofthe State of California. I have personal

 4       knowledge of the facts stated herein and if called upon to testify to those facts I could and would
 5       do so competently.
 6               2.      I am a former neighbor of Bill ("Will") Markham when he lived in Ojai,

 7       California. For approximately five years he lived in the front house and my son and I live in the
 8       house in back on my parent's property. Over the years, I've witnessed Will's behavior become
 9       increasingly bizarre, paranoid, agitated, and confrontational. He displays obvious mental
10       instability. I felt a constant sense of being spied upon. I went out of my way to avoid him out of
11       fear for our personal safety.
12              3.      Will has had numerous serious altercations with neighbors and friends. He would
13       threaten people and claimed to have an "arsenal" of weapons. His behavior was completely
14       unreasonable and odd. My father was extremely generous to allow him to remain living in the
15       front house for approximately three additional months after his 30 day eviction notice.
16              4.      My dad was concerned not to agitate Bill as he is well aware of his likelihood to
17       "snap" and become violent After Bill finally left for good, Bill (and Bill's father) did not pay
18       the rent that was owed. Having said that, I know that my dad would rather be out the rent money
19       than have to deal with Bill Markham ever again. I am grateful he's not around.
20              5.      Initially, like several others, I requested not to have my name mentioned to Bill
21       out of concern for our safety. However, because several others who have joined in to speak out
22       against the wrongdoing of Bill Markham, I have decided to allow my identity to be revealed
23       because I believe that Bill Markham is on the verge of reacting in a violent manner. He is

24       extremely unstable and I now think it is better to have these situations documented and on the
25       record. I declare the foregoing to be true and correct under penalty of perjury under the laws of
26       the State of California. Executed this 10th day of June 2012 in Ojai, California.

                                                              ROXANNE EARNEST
                                                                                    <e.~~              b/ ,,,
William C. Mackham
5166 Reeves Rd.
Ojai, CA 93023

May 18, 2010

Dear William C. Mackham,

All of your neighbors have collectively gotten together to write this to you since
you have harassed and threatened each of us. Please know that we have reported
your behavior to the Ojai police and to Animal Control so that if anything
happens to any of our properties or our animals they will know where to look first
for the person responsible. Threatening us is simply not acceptable.

This is the country. Dogs bark and none of our dogs bark at night or for fun.

You have caused enough terror in the neighborhood and we have decided to let
your landlord as well as the authorities know.

We'd like to live in peace in this beautiful setting. The choice is yours.

Your Neighbors
Marion and Betty-Joe Earnest
1860 Country Place
Ojai, CA 93023

May 18, 2010

Dear Marion and Betty-Joe,

Your tenant has upset all of your neighbors. Several families have joined together
to write this and wanted you to see it.

Your Neighbors

                                           PROOF OF SERVICE
 2   STATE OF CALIFORNIA                    )
                                            )       ss.
 3   COUNTY OF VENTURA                      )

 4           I am employed in the County of Ventura, State of California; I am over the age of 18 and
     not a party to the within action; my address is 5056 Varna Avenue, Sherman Oaks, CA 91406.
             On June 12,2012, I caused the foregoing document described as TRIAL


12   EARNEST to be served on all interested parties in this action by placing a true copy thereof
     enclosed in a sealed envelope with proper postage affixed addressed as follows:
             MARK P. GROSS, Esq.
15           Brott & Gross, LLP
             15260 Ventura Blvd., Suite 1500
             SHERMAN OAKS, CA 91403
     _x_    Via First Class U.S. Mail
18           I am "readily familiar" with the firm's practice of collection and processing
     correspondence for mailing. Under that practice it would be deposited with the United States
19   Postal Service on that same day with postage thereon fully prepaid at Ventura, California in the
     ordinary course of business. I am aware that on motion of the party served, service is presumed
     invalid if postal cancellation date or postage meter date is more than one day after date of deposit
21   for mailing in affidavit.
             Via Personal Delivery.
22           Via Messenger.
     _x_ ViaFax.

24          Executed on June 12, 2012 at Ventura, California.

25          I declare under penalty of perjury under the laws of the State of Californ.Ja that the
     foregoing is true and correct.                         .     •        ~
27                                                           ew,~
                                                           ROBERT M. KERNS

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