Filed: McLain v Golden Rain Foundation

It has finally begun. The last few days were a whirlwind, culminating in the filing of McLain v. Golden Rain Foundation of Laguna Woods et al. We delayed the filing by weeks because we uncovered a number of facts that pointed to the violation of federal statutes as well as California statutes dealing specifically with “Elderly Abuse”. But a decision had to be made and in the end we decided to file the action in the Superior Court (CA State Court) so we can begin our formal discoveries much sooner. CA Rules of Court provides propounding parties the right to request the first set of production of documents 10 days after the service of the Complaint and Summons on the Defendant/s. Two of the Defendants, Golden Rain Foundation and United Laguna Hills Mutual are both based very close to the Laguna Hills OC Sheriff’s Station who we have asked to affect service. We expect their service before the end of the week. The third Defendant, True Ballot, is based in Merced CA, some 300 miles from where we are. So a packet was mailed to the Merced Sheriff’s Department this morning requesting service on the Defendant. So, in all, we expect formal discoveries to begin within two weeks.

The complaint specifies one “Cause of Action” and alleges “General Negligence”. We expect the Defendants to attack the complaint and begin a “Paper War”. We are waiting for this onslaught and have the ability to scale the complaint including adding other Causes of Action or even transferring the case to the US Courts (Federal Jurisdiction) as we discovery various other statutes that may have been violated.

Very strong feelings of elation, excitement and apprehension filled us both as we realized we had a full-fledged complaint to file in court. You’ll probably spot these emotions as you read the complaint. Roy’s name was misspelled no less than three times. The variations were McLain, McCLAIN, MACLAIN and McLaim – the first being the correct spelling. How do you explain that? All we know is that our Defendants have huge legal budgets and they could probably crush us like annoying fruit flies.

So finally, we present to you, a war of conscience that we will call ROY’S LAW. We hope to secure case law and even have new laws crafted by legislators that better protect the elderly from the sorts of depravations and violations contained in our complaint. We want the case law or the bodies of law that evolve from this action to be called “ROY’S LAW” honoring our friend, Roy McLain, who’ve stuck his neck so far out for other retirees, of which all of us will most likely become one day, and waged what may become a protracted battle in his Golden Years. He does so at a tender age of 74.

MCLAIN v GRF et al (SUMMONS)
MCLAIN v GRF et al (VERIFIED COMPLAINT)
MCLAIN v GRF et al (EXHIBIT A-J)

(Note from ROBERT: It is not customary for legal briefs to contain the actual language of statutes because judges and fact finders usually look up the laws themselves. It has become a habit at RobertsJustice to do just that so readers, both skilled in the law and the novice alike, can reasonably follow the arguments.)