3530 Deer Hill Road, Lafayette CA

Re: Notice of upcoming 3530 Deer Hill Road, Lafayette, litigation and advisable disclosures

To: Justin Bundy, J. Rockcliff Realtors, and Clark sellers, c/o Justin Bundy, 4/27/2013

Dear Justin, et al,

            Notice is hereby given that:  (1) 3530 Deer Hill Road, Lafayette has, or had, serious construction defects;  (2) it will soon be the subject of litigation;  (3) if you have played a role in the sale of this property, with this knowledge, you and the purchasers will join the Clark sellers as defendants in this litigation;  and (4) if you fail to disclose this information to prospective purchasers, you may ALSO be subject to liability from those purchasers or prospective purchasers.

            (1) Defects.  3530 Deer Hill Road was known as Construction Defect House.  Justin, ask the sellers what they have done to cure the construction defects in the 6 years they have had control over this house (which has been unoccupied almost all of that time).  The defects include the ones set forth below.

            (a) Defective foundation wall doesn't keep out rain.  Johnson Clark, building contractor for 50 years, testified in a deposition that the foundation defects are unacceptable.  The concrete for the wall around the ground floor (much of which is underground) was improperly poured;  no vibrator tamped out the air bubbles;  and, consequently, that wall is full of holes, like Swiss cheese, holes as big as 12" by 18".

            (b) Thin house walls and cheap windows don't keep out noise.  That would be O.K. in rural Santa Rosa - where Johnson and Louise Clark inspected a model of this manufactured house, or for people who are hard-of-hearing, as Johnson and Louise were when they caused 3 tractor-trailers to deliver this triple-wide mobile-home and plunk it in place in one day with a big crane - but it is not O.K. for people with normal hearing who would have difficulty sleeping when they can hear the sound of each vehicle speeding up the adjacent freeway access road, each car alarm going off in the adjacent BART parking lot, and miscellaneous BART and freeway noises.  The master bedroom is quiet because it's away from the street.  So, effectively, 3530 Deer Hill Road is a one bedroom house.

            (2) Upcoming litigation.  Justin, the handout in which you proudly present 3530 Deer Hill Road, Lafayette, mentions, among other things:  large pantry, hall bathroom decorator finishes, basement full bathroom, and air-conditioned wine room.  I paid for all of those things, none of which were addressed in previous litigation, and all of which will be addressed in future litigation.

            Rationale.  My late parents - Johnson and Louise Harvey Clark, the original house owners - signed a contract to convey this house to me.  Pursuant to this contract, I provided consideration which has been worth about a million dollars to the intended third party beneficiary - my brother Steve Clark.  I received no consideration in return, and this contract cost me dearly.  During the course of litigation about this contract, I became 100% disabled by injury, illness, and/or stress.  Consequently, the litigation became ex parte and the results were not on the merits.  Siblings of mine - including my brothers Steve and Charles Clark - have conspired to deprive me of civil rights and all of my assets.  Their conspiracy began before the original 3530 Deer Hill Road litigation and it continues to this day.  Therefore:  the first 3530 Deer Hill Road litigation results may not be final;  the statutes of litigation have not begun to run;  and, since state courts played a role in depriving me of civil rights, I may have more success in federal court.

            Respectfully submitted,

            Diddo Clark, Attorney at Law

            3527 Mt. Diablo Blvd., #131

            Lafayette CA 94549