Lightning Property Management: Complaint Filed With California Department of Real Estate

With crimes against the elderly on the rise, a complaint was filed with the California Department of Real Estate by two elderly complainants. What makes this complaint more serious than many others, is that the reported owner of Lightning Property Management of 2191 El Camino Real, Suit 206, Oceanside, CA 92054, is an Attorney, Lorraine Rosenfeld, who has had numerous complaints filed against her that have led to disciplinary action.

Attorney Lorraine Rosenfeld is currently scheduled for a disciplinary hearing before the California Department of Real Estate. If found guilty and justice is served, Attorney Rosenfeld will lose her Real Estate License and be made to pay restitution to the Senior Citizens who were allegedly targeted by Ms. Roesnfeld and/or Lightning Property Management.

Attorney Rosenfeld and/or Lightning Property Management is accused of fabricating false or inflated repair bills that were deducted from rental payments due her Senior Citizen Clients. Documents clearly show that Attorney Rosenfeld and Lightning Property Management have additionally withheld from their Senior Clients, their entire monthly rental checks that many of those Seniors relied on to supplement their incomes.

Luckily the Complainants who were responsible for the investigation had a family member familiar with the Judicial System. Complaints were filed with the California Bar Association, the California Department of Real Estate, the California San Diego District Attorney’s office and the San Diego Sheriff’s office. The Complaint has been redacted to protect the elder Complainants. The Complaints were very detailed and were factually identical with the exception of the name and address of the agencies they were sent to. Available here.

1. The California Bar Association dismissed the Complaint which was their sixth documented investigation into Attorney Lorraine Rosenfeld, claiming Ms. Rosenfeld was not acting as an Attorney, but a Real Estate Agent when the alleged crimes took place.
2. The San Diego District Attorney referred the Complaint to the Oceanside Police Department.
3. The California Department of Real Estate did investigate, did do a full audit of Lightning Property Management and is going forward with charges.
4. The San Diego Sheriff’s department referred the Complainants to the Oceanside Police Department.
5. The Oceanside Police Department assigned a Detective Michael Provence to the case. He did a preliminary investigation. Detective Provence stated to the Complainants that he would wait for the California Department of Real Estate Audit to be completed, which it has. More on this below.

Attorney Lorraine Rosenfeld’s History

The California Bar Association Website shows that Lorraine Rosenfeld was admitted to the California Bar on June 14, 1988, then:

1. On October 22, 1993 she was put on probation as a Disciplinary Action.
2. On July 29, 1994 she was put on probation as a Disciplinary Action.
3. On November 24, 1994  to February 9, 1995 she was Suspended and not eligible to practice law.
4. On January 21, 1996 she was Suspended for one year, the sentence was stayed, and instead was put on probation for two years.
5. On January 15, 1997 she was Suspended for one year, the sentence was stayed, and instead was put on probation for only six months.

The Bar Associations notes on its disciplinary actions against Attorney Lorraine Rosenfeld:

“Rosenfeld neglected to timely and fully comply with probation requirements imposed by the 1994 discipline order”

“Rosenfeld’s misconduct stemmed from her representation of clients in two real estate matters. In one matter, she was employed by a couple to assist them in recovering escrow funds. She performed some legal services, but neglected to inform her clients of a settlement offer.”

“She also failed to return numerous calls from the clients and when they terminated her services, she failed to return their files as requested. In addition, she appeared at a status conference without client authorization, as they had already terminated her services. The clients eventually recovered the disputed escrow funds.”

In aggravation, Rosenfeld has a prior record of discipline. She received a one-year stayed suspension in 1993 and again in 1994, with probation to run concurrently.

Disciplinary Hearing Scheduled: While the California Bar Association dropped the factually identical Complaint that the California Department of Real Estate is currently prosecuting,  Attorney Lorraine Rosenfeld, according to the California Bar Association website, is a five time loser who was once again reprieved from any real disciplinary action by the California Bar Association. The Bar Association claimed that Attorney Rosenfeld was not acting as an Attorney for the Complainants at the time, but rather as their Real Estate Agent.

The California Bar Association made these determinations knowing that Attorney Lorraine Rosenfeld used her Bar Membership like a marquee at a carnival to entice the Complainants and we would assume, other senior citizens into using her services, as pointed out in the Complaint:

While the egregious acts as set forth above were clearly premeditated, and without justification or cause, what makes these bad acts stand out so blatantly, is that they were committed by, or were known, or should have been known, to Lorraine Rosenfeld, a member of the California Bar. This standing as a licensed California Attorney was relied upon by the Complainants as it had been “advertised to them” by Attorney Rosenfeld, and they did so to their detriment in the amount of $30,499.75.

Is this yet another example of the California Bar Association protecting one of their own? Or are they saying that a prolonged embezzlement of funds from Senior Citizens, one well over 86, is an accepted practice for California Attorneys?

It appears that the California Bar Association wants it both ways: a public image of their ethics being above reproach, and on the other hand, finding a loophole in order to get out of disciplining one of their own.

After a long and detailed audit of Lightning Property Management, located at 2131 El Camino Real, Suite 201, Oceanside, CA 92054, charges are being brought against the company and its Management including Attorney Lorraine Rosenfeld, by the California Department of Real Estate.

Detective Michael Provence was contacted by the Complainants informing him that the California Department of Real Estate had completed their audit of Lightning Property Management’s books, and were bringing charges against Attorney Lorraine Rosenfeld and Lightning Property Management. Emails show that Detective Provence had also been notified by the California Department of Real Estate with the same information.

It is anticipated that Attorney Lorraine Rosenfeld and/or Lightning Property Management will lose her/their Real Estate License if found guilty, as justice demands,. These acts, if proven, are clearly criminal and beyond that, they were crimes against the elderly which carry increased penalties under California and Federal Law.

We know that the economy of California is in a state of despair, and this is affecting all of its agencies, including the Oceanside Police Department. However, we would hope with the seriousness of this crime, that Detective Provence and the Oceanside Police Department won’t drop the ball on this egregious crime.

Documents show that Detective Provence stopped the investigation when Attorney Rosenfeld claimed that rents had been withheld from the Complainants for repairs made on the house that she claimed she paid for.  He stated that the Oceanside Police Department didn’t have the resources to investigate and would have to wait for the California Department of Real Estate audit to be completed. This is certainly understandable.

After discussing the matter with Detective Provence, the Complainants did understand his concerns that Rosenfeld’s claims that funds were withheld to pay for repairs to the home would require an audit. However, it was also clear that the last seven rent checks were not within the time-frame argued nor were there any receipts for repairs during that period. Attorney Rosenfeld’s and/or Lightning Property Management’s guilt or innocence could be proven by canceled checks from Attorney Lorraine Rosenfeld or Lightning Property Management to the Complainants during that seven month period.

Detective Provence appeared to agree with this simple technique to prove the criminal charges, then after a day or two, sent another email containing the same basic text as his first email about Rosenfeld’s claims. Why?

The question here is what will happen with this case?

1. We will be contacting the California Department of Real Estate who really deserve a thumbs up for their good work.
2. We will be contacting Detective Provence to see where he is going with his investigation. To be fair to Detective Provence, if Lightning Property Management and/or Attorney Rosenfeld refused to give him the canceled checks, or in this case, admitted to not having them, there is little he could do without a subpoena or warrant.
3. The California Bar Association states in their oath, words to the effect that if an Attorney is convicted of a crime or found guilty by a governing authority, the member will be disbarred. We will be contacting the California Bar Association to find out what their actions, or non-actions will be concerning this matter.

Crimes against the elderly are some of the most heinous crimes that can be committed. When an Attorney uses his or her Law Degree to build up confidence in unknowing Senior Citizens then steals from them, the crime is beyond heinous and that Attorney should feel the full weight of our criminal justice system.

We promise to stay on top of this issue with a series of followup stories until this issue is brought to a just conclusion.

There is a far deeper issue here and that is in correcting our Judicial System which has gone amok. From our Judges and how we appoint them to the self-serving Bar Association with it lobbyists and big money making laws that serve no benefit to anyone but themselves. The Bar Association is about money, big money.

It’s time to make a change, it’s time for a Judicial Overhauling

We have to get back to what made this country the greatest nation on earth. We must return to a nation of creators, one that produces scientists and engineers who will build us back to the strongest economic power in history. We must legislate “Loser Pays” and cut off the head of the snake, the greed that draws so many into the law profession.

We must stop the arcane practice of allowing Governors and a President from handing out political favors know as Judgeships.

We must provide a means for us to remove a Judge. Whether you are for the Election of Judges or the Modified Missouri Plan proposed by the only citizen who led an Impeachment Effort that successfully removed the Judge, you need to get involved.

We need to stop what is the greatest threat to all Americans, the self-perpetuating and ever-expanding universe of frivolous lawsuits. An old adage expressed as only Mark Twain could:

“if there’s only one lawyer in a small town he will starve. If there are two lawyers in that small town, both will prosper.”  

It’s time for a change!

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Originally published by the Freedom Network.