I, Jeff Kletter, declare as follows:

3 1. My wife and I are close friends and neighbors of Sheri Swist. We spend a Jot of time

4 with Ms. Swi st and her son Cameron. Ms. Swist is a single mom and lives alone with
5 her son.

6 2· I am aware that the previous tenants in the unit next to Ms. Swist were failing to abide
7
bide the CCRs and that the HOA/Ross Morgan had all but ignored Ms. Swist in her
8
requests to have the rules enforced. Ms. Swist had personally told my wife and I of the
9
emotional distress the situation was causing her due to the fact that she felt she was
10
being bullied by not only the tenants, but by the HOA/Ross Morgan as well, because
11
they were biased against her. Ms. Swist explained that the tenants were so emboldened
12
by the lack of enforcement of the rules by the HOA/Ross Morgan that they started
13

14
bullying her even on the grounds of the elementary school their children attended. Ms.

15 Swist informed my wife and I of one occasion where the female adult tenant actually

16 verbally assaulted her when she was just walking by minding her own business texting

17 someone on the phone. Ms. Swist explained to my wife and I that the owner
18 representative of the unit wanted the tenants out and had in fact been sued by the
19
tenants, so she hoped the situation would come to and end quickly . I know that Ms.
20
Swist did what she could to assist the owner representative Ms. Leonard in getting the
21
tenants out.
22
3. Ms. Swist told my wife and I that she met the new tenants who presented themselves as
23

24
a family with a 6 year-old girl when they were looking at the unit, and was excited to

25 have new neighbors. However, once the new tenants moved in, the situation turned out

26 to be completely different. Ms. Swist told my wife and I that upon moving in the
27 tenants immediately started having parti'.es and violating the CCRs, being a nuisance and
28 DECLARATION OF JEFF KLETTER IN SUPPORT OF PLAINTIFF'S COMPLAINT FOR
NEGLIGENCE, BREACH OF FIDUCIARY DUTY, NUISANCE,
INTENTIONAL/NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
 preventing Ms. Swist from having quiet enjoyment of her home.
2
4. She explained that the 6 year-old g1r
• 1 d"1d not actually hve
. there and was rarely around
3
because the male tenant told Ms. Swist that the he was under active investigation by the
4
Department of Child and Family Servfoes, and that DCFS had to come out on a regular
5

6 basis to monitor him, because he was not allowed to be with his child without the

7 Deparment being involved.

8 5. Thfogs onJy got worse and worse as Ms. Swist would often come to our home

9 extremely upset and crying due to the abuse she was enduring by the new tenants,
10 Janice Leonard, Ross Morgan and the HOA. She explained that on any given night she
11
djd not know if she would be abJe to sleep jn her own home because people would go
12
outside right below her bedroom window and be partying at all hours of the night
13
causing her to lose sleep, get sick and be unable to work or do her job as a mom at full
14
capacity. She informed us of one occasion where an intoxicated girl was screaming
15
"Fuck You," at her window close to midnight. She told my wife and I of the numerous
16
times she had called the police and of their response that the HOA should be enforcing
17

18
the rules, but that she had their sympathy and they would keep coming out and do what

19
they could.
20 6. On November 13, 2016, Ms. Swist was at our home and received a response from Ms.

21 Leonard to a text she had sent a couple days earlier. Ms. Leonard told Ms. Swist to just
22
go knock on the tenant's door if they are being loud. Ms. Swist was extremely appalled
23
and distraught that after all she had been going through not being able to sleep on any
24
given mght and losing days and weeks of work, not mention her son not being able to
25
do homework of go to bed, that Ms. Leonard would give such a cavalier response. Ms.
26
Swist told my wife and I that the poliae specifically told her not to interact with the
27 . - .. - ,- -

DECLARATION OF JEFF KLETTER IN SUPPORT OF PLAINTJFF'S COMPLAINT FOR

28 NEGLIGENCE, BREACH OF FIDUCIARY DUTY, NUISANCE,
INTENTIONAL/NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
/

1
tenants because they had already had to deal with him when they were called out on a
2
domestic violence possible drug charge in August, and knew there were drugs involved
3
and it wasn't safe. Ms. Swist also told my wife and I that the police also told her to talce
4
a self-defense course because you never know what people like this wiJJ do. Ms. Swist
5

6 told us she was not even going to respond to the text from Ms. Leonard because it was

7 clear that she was not going to take any action.

a 7. lam also aware that at some point e.arly in the tenancy Ms. Swist felt the need after 11

9 years to put up a small screen as a privacy banier between her and the neighbor's

10
outside space.
11 8. This Jed to Ms. Swist being caJled into a hearing with fines threatened against her
12
because the HOA/Ross Morgan tried to say she wasn't allowed to have the screen there. ·
13
Due to the clear bias against her, Ms. Swist asked me if I would attend with her, which I
14
did. She also wanted me to attend because she explained that ifl was there as a witness,
15
it would hopefully prompt enforcement of the CCRs regarding quiet enjoyment.
16
9. At the hearing on November 16, 2016, Ms. Bevardos, board member Scott Engle, Ms.
17

18 Swist and myself all went to Ms. Swist' s yard so she could show them that she was in

19 fact entitled to have a bani er up where the screen was, but that she had just never done

20 it before because for over a decade none of the many people who had resided there
21 made it necessary. Mr. Engle and Ms. Bevardos agreed that Ms. Swist did have the
22
right to have privacy just like every other resident in the community, and that right ·
23
allowed her more than twice as much coverage as the small movable screen provided.
24
They also admitted that the second pretext they used, "view protection," after their first
25
attempt at calling the small movable screen an architectural change, which the City ·
26

27 informed Ms. Swist it is not, was compltttely made up and did not exist in the C~s.
DECLARATION OF JEFF KLETTER IN SUPPORT OF PLAINTIFF'S COMPLAINT FOR
28
NEGLIGENCE, BREACH OF FIDUCIARY DUTY, NUISANCE,
JNTENTIONAL/NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
 / '
'
/

1
I 0. At this hearing Ms. Swist informed
2 Ms. Bevardos and Mr. Engle yet again of the lack of
3 quiet enjoyment of her horn f th .
. e, o e severe ernot1ona1 distress and lost workdays it was
4 causing, and of Ms. Swist's desperate need to have the CCRs enforced. Ms. Bevardos
5 and Mr. Engle said they would tak • ..1: • • ·
e unmewate action m the fonn of a Jetter and fo11ow

it up wi th a hearing if the problem continued. I am aware that Ms. Swist had been told
6

7
this would be done months before this meeting, but it never happened. Ms. Swist
8
informed me that she was hoping that with me befog present and witnessing everything,
9
that action would finally be taken. The meeting ended well, with what we ~ought was ·
10
a successful outcome, however no success was achieved and no action was taken.
11
11 . Over the next two months the problem persisted with Ms. Swist telJing my wife and of
12
the continuing problem and how horrendous it was for her to never know if she would
13
be able to sleep in her home through the night or even be able to lay down and go to bed .
14

15 at a decent hour when she wanted to. She spoke of several nights that she got no sleep ·

16 at all, of having to call the police multiple times, and how she felt utterly powerless and

17 bullied by the biased HOA/Ross Morgan, and by unruly tenants. She explained the

18 feeling of abandonment, and abuse she felt because she is a single mom living alone and
19
was susceptible to being bullied by those in power.
20
12. Finally, in January Ms. Swist told my wife and I that she could not take anymore, and
21
would be retaining a lawyer to handle the situation.
22
I declare under penalty of perjury under the laws of the State of California that the foregoing is
23
trued and correct.
24
Executed on April 5, 2017, at Malibu, CA
25

26

27

28 DECLARATION OF JEFF KLETTER IN SUPPORT O ~·PLAINTIFF'S COMPLAINT FOR

NEGLIGENCE, BREACH OF FIDUCIARY DUTY, NUISANCE,
INTENTIONAL/NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS