Thu10302014

News

Police stress need for low speed in school zones

Police stress need for low speed in school zones


Town Crier File Photo
After two recent accidents involving cyclists and motorists, police urge caution – on both sides.

After two recent incidents of vehicles striking student bicyclists, Los Altos Police urge residents to exercise caution whe...

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Schools

Gardner Bullis School debuts new Grizzly Student Center

Gardner Bullis School debuts new Grizzly Student Center


Photo by Ellie Van Houtte/Town Crier
Students line up to check books out of the library in the new Grizzly Student Center at Gardner Bullis School.

Gardner Bullis School opened its new Grizzly Student Center earlier this month, introducing a lea...

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Community

Home improvement workshop scheduled Wednesday (Oct. 29)

The County of Santa Clara is hosting a free informational workshop on 6:30 p.m. Wednesday at Los Altos Hills Town Hall, 26379 Fremont Road.

The workshop will offer ways single-family homeowners can increase their homes’ energy efficiency. Eligible i...

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Comment

Off the fence: TC recommends 'yes' on N

The Town Crier initially offered no position on the controversial $150 million Measure N bond on Tuesday’s ballot. But some of the reasons we gave in our Oct. 15 editorial were, on reflection, overly critical and based on inaccurate information.

We ...

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Special Sections

Long-term solutions emerge as water conservation goes mainstream

Long-term solutions emerge as water conservation goes mainstream


Ellie Van Houtte/Town Crier
Forrest Linebarger, right, installed greywater and rainwater harvesting systems at his Los Altos Hills home.

With more brown than green visible in her Los Altos backyard, Kacey Fitzpatrick admits that she’s a little e...

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Business

Local realtors scare up money for charity

Local realtors scare up money for charity


Photo courtesy of SILVAR
Realtors Gary Campi and Jordan Legge, from left, joined Nancy Domich, SILVAR President Dave Tonna and Joe Brown to raise funds for the Silicon Valley Realtors Charitable Foundation.

Los Altos and Mountain View realtors raise...

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Books

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book


Ellie Van Houtte/Town Crier
Mimi Sommers, who works at a Los Altos dentist’s office, recently wrote a children’s book.

A local dental hygienist recently published a book that aims to ease parents and children during a sometimes anxious e...

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People

DAVID S. NIVISON

DAVID S. NIVISON

David S. Nivison, 91 years old, and a resident of Los Altos, California since 1952, died Oct. 16, 2014 at home.  His neighbors had recently honored him as the “Mayor of Russell Ave., in recognition of 62 years of distinguished living” on that ...

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Travel

Falling leaves: Four places in California to see autumn colors

Falling leaves: Four places in California to see autumn colors


Courtesy of Castello di Amorosa
Castello di Amorosa in Calistoga, above, boasts a beautiful setting for viewing fall’s colors – and sampling the vineyard’s wines.

Yes, Virginia, there is fall in California.

The colors pop out in...

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Stepping Out

ECYS opens season Sunday

ECYS opens season Sunday


Ramya Krishna/Special to the Town Crier
The El Camino Youth Symphony rehearses for Sunday’s concert, above.

The El Camino Youth Symphony – under new conductor Jindong Cai – is scheduled to perform its season-opening concert 4 p.m....

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Spiritual Life

Christian Science Reading Room hosts webinar on prayer and healing

Christian Science practitioner and teacher Evan Mehlenbacher is scheduled to present a live Internet webinar lecture, “Prayer That Heals,” 7:30 p.m. Nov. 14 in the Christian Science Reading Room, 60 Main St., Los Altos.

Those interested ...

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Magazine

Local events add color to autumn calendar

Local events add color to autumn calendar


Van Houtte/town crier Visitors make their way through the Children’s Alley.

As Los Altos’ signature Chinese Pistache trees exchange their summer green for vibrant hues of yellow, orange and red in the fall, an abundance of local events also ad...

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Judge rules against local businessman in Ponzi-like case

After a year of back-and-forth, a judge concluded this week that Los Altos resident Mark Feathers and his company, Small Business Capital Corp., violated federal securities and exchange laws.

U.S. District Judge Edward J. Davila accepted Securities and Exchange Commission evidence that because of fraud and mismanagement, SB Capital’s 400 investors have lost approximately 25 percent of the $42 million they invested.

In an order filed Friday, Davila granted the SEC’s request for a summary judgment and denied Feathers’ competing request for the same. He ordered the “disgorgement of ill-gotten gains” and set a hearing date Oct. 22 to consider “what remedies are to be granted and in what amounts.”

A court renders a summary judgment when a judge finds no genuine dispute as to any material fact – in other words, when evidence appears so conclusive as to not require a full trial. Representing himself and his company, Feathers had to show what Davila called a “genuine issue for trial.” In his order, Davila laid out why Feathers’ submissions to the court did not meet that standard and discussed to what extent the court had to cut Feathers some slack – to “liberally construe” his submissions – because he represented himself without a lawyer. Evidence submitted to the court must include affidavits or “other evidentiary material,” and Davila described Feathers’ submissions as falling short of that standard.

“I have been outnumbered by a large margin in the manpower necessary to present facts, never mind putting them into the right legal framework,” Feathers told the Town Crier in an email.

He wrote to investors that he would appeal the judgment.

Investors, many of them Los Altos residents, bought into two mortgage investment funds Feathers managed from an office on San Antonio Road. The SEC contended that Feathers transferred money from the funds to pay expenses and make cash distributions to investors that masqueraded as “returns on investment,” maintaining an illusion of profitability.

SEC attorney John Bulgozdy described the process of using investor money to pay returns as “Ponzi-like.” Feathers maintained that because he disclosed the loans and transfers to investors, his actions were aboveboard and not in fact evidence of fraud and misrepresentation.

Feathers submitted hundreds of documents including SB Capital paperwork and emails to the court, but Davila wrote that Feathers didn’t indicate with sufficient specificity what he believed they proved – “It is not the task of the court to comb through the record in search of genuine issue of triable fact.”

In his order, Davila referenced testimony from an auditor and a consultant suggesting that Feathers loaned himself money from the funds, then documented it in a way that made the business appear to still be generating profit.

Davila had to weigh whether a “reasonable investor” might have made a different decision with his or her money if he or she had known about the loans and money transfers at SB Capital. He concluded, based in part on declarations two investors made to the SEC, that investors might have withdrawn their investments if they had known what the company was doing.

Davila declared that Feathers’ accounting demonstrated an intent to deceive or, at a minimum, “extreme recklessness in his management of the (f)unds.”

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