I sued the City of Los Angeles for unlawful termination and harassment. I received a settlement. My attorney told me to add Gary Michelson to the suit because he was the one who hired and paid me. He also is the one who promised the Mayor money if he would hire Ed Boks. The Mayor hired him without checking out his past or any references. Turns out Ed Boks had a ten year history of sexual harassment.
I did not add Gary Michelson or the Foundation because I thought they were doing good things for animals. Besides the City had enough resources to pay for the damages. I regret this.
In mediation in my case the mediator states Defendants gave them a signed declaration from my boss stating he fired me because I did a bad job. They didn't show me the statement. I knew Gary Michelson would never state or write such a thing. He always told me he loved my work, he didn't fire me, he didn't even know I was fired.
I called up Loftus thinking he must have written the statement. He said he didn't. I go online and see this statement in the docket. I was shocked and steaming mad!
I spoke with people who know Gary Michelson well and asked them what I should do. Gary Michelson perjured himself! What he wrote was an utter lie. I don't even think Gary Michelson wrote it because he misspells the name of his own Foundation many times. It's "Found AnimalS Foundation" plural.
His friends advise me to leave a polite phone message. If he doesn't respond, send a polite fax or letter. If he still doesn't respond, tell him that I will be forced to sue him. I did as they suggested and no response. I finally send the ultimatum letter. It is below. I only *'d out some personal names. I sent this June 2009. I just added my new comments in ( ).
Mary Cummins
645 W. 9th St. #110-140
Los Angeles, CA 90015
(310) 877-4770
June 2009
Gary Michelson
13140 Boca De Canon
Los Angeles, CA 90049
RE: Statement dated 9/26/2008 Cummins-Cobb vs City of LA
I just read your statement which you signed under penalty of perjury in my lawsuit. Your statement is incorrect. As the name of your own Foundation is spelled incorrectly, I believe the City wrote this statement for you. I don't know why you would lie to help the City when all I've done is support you. I need you to retract this incorrect statement. It is libel and defamation besides an act of perjury.
I spoke with the *** about this situation. They told me to first call you then write a personal letter before I take any action. I have already left a phone message and you did not respond. I am now writing a personal letter as they suggested.
Here is some information for clarification of what actually transpired.
1. You did not fire me. Dave Loftus fired me. In fact you told me several times "Mary, I never fired you. I didn't even know you were fired." I sent you a few faxes with your exact quotes in them in 2006 when you wanted me to help you with your problems with Loftus when you accused him of embezzlement. I've attached these.
2.You were not critical of my work. You told me you liked my work which is why you hired me. You had not even seen my Foundation work until after Loftus fired me. I did everything that Loftus told me to do. I even asked if there was more work for me to do. I gave you these emails when I gave you the bill. After I was fired you asked for a copy of my report. I gave it to you and you said you really liked the report. You liked my work. You even said the same to others including Loftus. Loftus called me up and yelled at me for going behind his back. He said that you yelled at him for not paying me for my "great" work.
3. You stated you were not contacted about any further work for me. I have an email in which Ed Boks stated that he gave me a good recommendation for the Director position for your Foundation in early 2007. He told me he talked to you about this. Loftus also told me that there was more work for me if the City would just request the work in writing. I have these emails.
During the last three years I have defended you, your Foundation and your actions repeatedly. In fact I did not add you as a defendant in my lawsuit because I didn't want you to stop helping animals in LA. The mediator in my lawsuit said that because you signed the checks, I should have added you as a defendant as you were financially liable for what happened to me. Here are a few more examples of how I've supported you.
1. In 2006 Ed Boks told everyone that you were gay and Dave Loftus was your gay lover. He said that is the only reason why you'd hired Dave. I told Boks and others that I didn't think you were gay and Loftus is not your lover.
(I personally didn't think Gary was gay. Dave was not his lover. I thought Gary probably didn't have intimate encounters with anyone but himself due to his odd upbringing, going to an all boy school, never being involved in extracurricular activities in school, just working and tinkering after med school, not socializing. I went to all THE parties in the mid-eighties to late nineties and I did not see him anywhere. I went to the most popular elite gym in the US down the street from his house and he was not a member. While he did look at me once inappropriately, it was not sexual but just plain strange. He was looking at my chest like "what are those? boobs?" Yes, he does speak and act effeminately at times then he tries to cover it up by being over the top macho like a closet case. I don't know any female who's ever slept with him. Plus, who tells Forbes "I'm attractive and single"? I can say that the way he reacted in the Neil Campbell case is like a scorned wanna be lover. I was also told that Gary used to travel to Italy and such with Wayne Pacelle of HSUS. Everyone has always thought Wayne was gay but others have told me he's bi because he has a girlfriend. I met him night before he was appointed CEO of HSUS and I assumed he was gay. Why would I or anyone care if he is bi, gay or straight. Almost everyone else of course has told me that Gary is gay. Maybe this is why mom and dad didn't want him and gave him to granny. Back then being gay wasn't as accepted especially among Russian Jews on the east coast. Probably another reason why he moved West. Nobody in CA would care if Gary were gay, bi, straight or asexual. If he came out tomorrow as gay, no one would give a shit. This is LA.)
2. After you promised the Mayor that you would donate a lot of money to the Department you did not donate much money. ***, Jimmy Blackman, the Mayor and Ed Boks were all calling you a "cheapskate," a "flake" and a "nut." I told them that you were just getting things set up and they should give you time. Boks even asked me to post on the blogs that you were a "cheapskate" hoping to embarrass you into giving more money. I did not do that. I defended you on the blogs.
3. When I thought Loftus wasn't looking out for your best interest, I contacted your friend Karl. I shared my research with him with the promise he wouldn't share it with Loftus. I was told you then approached Loftus with my information. Loftus then called me up and threatened me on the phone saying he was going to destroy me and Boks.
4. When you and your friend Karl Doerstling told me that Dave Loftus was a criminal who embezzled $250,000 from you, I told you and Karl I would help. I told you and Karl where Loftus would be on three occasions so he could be arrested by the police. You asked me to write a statement and I agreed, then you never asked for a statement. I never heard anything about your situation with Loftus until I pulled up his lawsuit last week to see which attorney he used.
(Dave Loftus did not embezzle or steal any money from Gary. Gary made that story up because he wanted to back out of a deal because he got cold feet. Gary tried to file a criminal case against Dave but LAPD refused. They told the Mayor's office that no crime had been committed. Dave then sued Gary for defamation and got a big quick settlement)
5. Boks told me that the LAPD did not want to write a report about Loftus' supposed embezzlement. You supposedly asked Boks to help. He contacted the LAPD who shared your confidential information with Boks. Boks then told everyone that you are "crazy" and an "idiot" who just regretted doing business with Loftus. He said Loftus never embezzled money from you. He said you tried to file a false police report and everyone was laughing at you including the police. Even after this, I still defended you.
6. During all this time Ed Boks kept sharing your confidential information with people such as when you invited *** and *** to your house to go waterskiing. He told everyone that you were "crazy" for inviting "known terrorists" to your house. He said you were going to give them a grant for their activities because you believed in what they were doing. I defended you saying you just didn't know what they really do.
7. I have been positively updating your Wikipedia page with a friend for the past two years.
8. The *** wrote a positive article about your philanthropic activities. They told me to send it around, get it out there and I did.
9. I sent in five entries for your Michelson Prize. Had I read your statement earlier, I obviously wouldn't have sent them in knowing that you have the right to exclude any entry.
I don't know if you read my lawsuit against Ed Boks and the City. One reason I sued was because the City was not protecting me from your friends ***
One reason they did it was because I was supporting Boks whom they hated. My job at that time was to help Ed Boks. Loftus told me to "do whatever Boks needs." Boks even emailed me "now you have to do whatever I want." I did what I was instructed to you. You paid me to do this. That is why I was attacked.
I also sued for sexual harassment. I'd assumed the City did a background check on Ed Boks before hiring him. I just discovered this is not true. I just pulled up Loftus' lawsuit. I've attached the page of interest. Here it is in text format:
"Michelson told Plaintiff that he had agreed to fund seven spay and neuter clinics and donate a million dollars to the city of Los Angeles as incentive for Ed Boks, a proponent of the "nokill" policy, to head the department of animal control. Plaintiff advised Michelson that a million dollars would not be enough money. Other animal welfare advocates agreed, and Michelson promised to donate $10,000 ,000 to implement a "nokill" policy in LA. Michelson promised city officials, including mayor Antonio Villaraigosa and Deputy Mayor Jimmy Blackman, that if Ed Boks were to be hired as head of the department of animal cotrol., he would donate $10,000,000 to the department and millions more to animal welfare agencies and animal rescue groups."
You offered to pay the Mayor to hire Ed Boks. I don't know if you know this but if this is true, both you and the Mayor committed a crime. The DA would be forced to investigate this situation.
Because you offered money and the Mayor accepted, they did not do a background check on Boks. Boks has a ten year history of sexual harassment. When he spoke at Best Friend's "No more homeless pets" seminars, they had to hire a "minder" to follow him because of the numerous complaints of sexual harassment. They finally stopped inviting him to the event. You offered to pay the Mayor to hire Ed Boks who then sexually harassed me besides causing me other grief.
This leads me to the current situation. I will be working to get a restraining order to get all of those malicious blogs removed. Then the only negative information about me on the web will be your perjurious statement. That statement was picked up by the media and will be on the internet forever. I will not be able to continue to save animals. That is what hurts me the most. As an animal lover I would think you would understand.
Contrary to what the news indicates, my lawsuit is not settled. If we do not settle, we go to trial. I reserved the right to continue depositions if there is no settlement. You will be deposed so we can clarify these items. Obviously, if the City is talking settlement it's because they know there is merit to my lawsuit.
The *** told me to contact you to see about you making these things right. I am doing that with this letter. If I do not hear from you, I will be forced to explore legal avenues to rectify this situation.
Sincerely,
Mary Cummins
cc:
Gary Michelson did not reply. I then contacted the attorney who sued Gary Michelson on behalf of Dave Loftus. He said I had a great case with great evidence. He then said even though they got a good settlement quickly from Gary Michelson he did not want to go up against him again. He said his lawyers are ruthless and unethical. I did not sue Gary Michelson. He did commit perjury not to mention bribing an elected official.
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