Newsom, DFEH, Racism and Kassandra Harris

Communications with city employees

SUBJECT: Appeal of DFEH Case 202104-13236514 – JOHNSON / KASSANDRA HARRIS

From: G Johnson

To: james.baca@dfeh.ca.gov

Cc: poon.chan@dfeh.ca.gov; gavin@gavinnewsom.com

Date: Tuesday, June 29, 2021, 03:22 PM PDT

Dear DFEH:


I appeal from the decision of DFEH employee Poon Chan dated June 29, 2021, attached.
The decision of closure is biased and unintelligible as to make it impossible to appeal it.
I previously asked for a government employee who is not racially biased, to handle this case, and the DFEH is unable to do that.


The DFEH closure notice says “you failed to provide information that would warrant investigation.” What information does the DFEH need to warrant investigation?
When I spoke with Mr. Chan, which did not constitute an interview, he said I did not have the right to claim retaliation under Unruh act, and that such claim could not be investigated because it needed to be filed as a Housing retaliation complaint, and that Kassandra Harris could not be jointly and severally liable because she is an employee of Hi Point Apts LLC. I disagreed with him on all issues.


Since the notice of closure does not detail specific reasons, I am being (DENIED) due process to adequately prepare an appeal. Without (waiving) that, I prepare a short response:
My appeal is based on all records on file held by the DFEH including intakes against Walter Barratt, Hi Point Apts LLC, Power Property Management Group, and including all emails sent to the DFEH regarding these respondents. The DFEH received the complaint against Kassandra Harris via email on April 11, 2021. The email complaint included 

Intake and Signed Complaint under penalty of perjury (4-11-21)

2019-3-15 Email Denial Services.pdf
2021-3-16 Email Disposal Repair Request Buyout
2021-3-21 Email on Parking Problems

Small claims summary Case 19STSC14394

Cross Complaint Case Case 19STSC14394 

Tenant list chart (subject to verification by owner)


The Chan intake closure ignores all the documentation I provided to him. Chan has acted in a biased, arbitrary, capricious, and unjust manner,  which is grounds for this appeal. Chan said I could not file under Unruh because there had been no previous Unruh complaint against Hi Point Apts LLC; I proved to Chan that there was a 2014 signed DFEH complaint against Hi Points Apts; I also proved that by September 9, 2020, in a adverse action filed with the court, Kassandra Harris (Hi Point Apts LLC) indicated she was suing me (adverse action) because of frivolous claims (discrimination complaints) from 2014 – 2020 stating “frivolous lawsuit claims with the city” and “other frivolous lawsuits”. The lawsuits that Harris speaks of involve discrimination complaints under Unruh and other housing laws, of which the DFEH has jurisdiction of state laws. The Harris lawsuit of 9/9/20 is within the statute of limitation for me to use it as proof of an adverse action against me. DFEH decision ignores the facts and law.

By today’s date, I still suffer adverse action in that my intercom is not repaired, I have not been assigned to tandem two car parking, and Harris refuses to answer my inquiries about housing accommodations.

I examine:
1. What was the last act of harm alleged in the intake and documentation?2. How was the act of harm related to the previous DFEH Unruh complaint?3. Was the date of my Unruh intake and complaint for retaliation within the statute of limitation?4. In my documentation to the DFEH, how is other DFEH jurisdiction laws addressed, i.e is government codes on “housing” laws addressed?5. What is prohibited retaliation under Unruh?

My answers: 1. April 11, 2021. September 9, 2020.

2. As stated above, respondent Harris is retaliating against me, as she stated, because of complaints as far back as 2014, and continuing to September 9, 2020. Many of those complaints from me involve Unruh Act complaints, proven from intakes to the DFEH as well as emails to the DFEH.

3. Yes.

4. The signed complaint submitted by me April 11, 2021, states (page 9) 

(Redacted from 2 CCR § 12005)
Definitions:
As used in this subchapter, the following definitions shall apply:
 
(b) “Adverse action” means action that harms or has a negative effect on an aggrieved person. The adverse action need not be related directly to the dwelling or housing opportunity forming the basis for the lawsuit or administrative complaint; for example, filing false allegations about a tenant with a tenant’s employer may constitute adverse action. Adverse action includes: (5) Taking other action that has an adverse effect on an aggrieved person.

“ARTICLE 2. Housing Discrimination [12955 12957] ( Article 2 added by Stats. 1980, Ch. 992. )12955. It shall be unlawful: (Invoked on page 10 of the submitted signed complaint). 

§ 12120. Harassment. (page 11 of the April 11 complaint).

2 CCR § 12130§ 12130. Retaliation. (page 12 of the April 11 complaint).


Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12927, 12948, 12955 and 12955.7, Government Code. (page 13 of the April 11 complaint).


5.  “The HARRIS lawsuit is “coercing, intimidating, threatening or interfering” with my rights under the FHA, DFEH, state fair housing laws, and the state Unruh Act.” (page 8). (l) “Discriminatory housing practice” means an act that is unlawful under federal or state fair housing law, including housing-related violations of the Fair Employment and Housing Act, the federal Fair Housing Act, the Unruh Civil Rights Act, the Ralph Civil Rights Act, the Disabled Persons Act, and the Americans with Disabilities Act.” (page 9). 
In my papers and intake submitted April 11, 2021, I clearly detail violation of the state housing laws yet Chan states that he cannot find information that would warrant an investigation.

I wonder if Chan would understand racism if I had been lynched?


Is there any government employee under Gavin Newsom that can comprehend English?
All rights reserved.

Geary Juan Johnson

Los Angeles  CA   90035

(Editor: this is part of a series of continuing performance and continuing damages complaints against Hi Point Apts Walter Barratt, Power Property Management Group, and Kassandra Harris. Read up on joint and several liability, recognized under California law.)