Thu07302015

News

Cal Water says no E. coli in water; limits boiling advisory area

Cal Water says no E. coli in water; limits boiling advisory area

Cal Water officials said today that preliminary water quality test results were negative for E. coli were negative and "only a single hydrant" in the South El Monte area of Los Altos showed the presence of total coliform. They reduced the "boil your ...

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Schools

BCS hosts Stretch to Kindergarten program for underserved youth

BCS hosts Stretch to Kindergarten program for underserved youth


Traci Newell/Town Crier
The six-week, tuition-free Stretch to Kindergarten program, hosted at Bullis Charter School, serves children who have not attended preschool. A teacher leads children in singing about the parts of a butterfly, above.

Local un...

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Community

Google car painting project calls on artists

Google car painting project calls on artists


Google self-driving car

Already known as an innovator in the tech field, Google Inc. is now moving in on the art world.

The Mountain View-based company July 11 launched the “Paint the Town” contest, a “moving art experiment” that invites Califo...

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Sports

Pedaling with a purpose

Pedaling with a purpose


courtesy of
Rishi Bommannan Rishi Bommannan cycled from Bates College in Maine to his home in Los Altos Hills, taking several selfies along the way. He also raised nearly $13,000 for the Livestrong Foundation, which supports cancer patients.

When R...

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Comment

The truth about coyotes: Other Voices

The Town Crier’s recent article on coyotes venturing down from the foothills in search of sustenance referenced the organization Project Coyote (“Recent coyote attacks keep residents on edge,” July 1). Do not waste your time contac...

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Special Sections

Grant Park senior program made permanent

Grant Park senior program made permanent


Photos by Alicia Castro/Town Crier
Local residents participate in an exercise class at the Grant Park Senior Center, above. Betsy Reeves, below left with Gail Enenstein, lobbied for senior programming in south Los Altos.

It all began when Betsy Reev...

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Business

New State Street rug retailer has downtown Los Altos covered

New State Street rug retailer has downtown Los Altos covered


Alicia Castro/Town Crier
Los Altos Rug Gallery owner Fahim Karimi stocks his State Street store with a wall-to-wall array of floor coverings.

A new downtown business owner plans to roll out the red carpet – along with rugs of every other color –...

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Books

Book Signings

• Fritz and Nomi Trapnell have scheduled a book-signing party 4-6 p.m. Aug. 1 at their home, 648 University Ave., Los Altos.

Fritz and his daughter, Dana Tibbitts, co-authored “Harnessing the Sky: Frederick ‘Trap’ Trapnell, ...

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People

GRACE WILSON FRANKS

GRACE WILSON FRANKS

Resident of Los Altos

Grace Wilson Franks, our beloved mother and grandmother, left us peacefully on July 16, 2015 just a few weeks short of her 92nd birthday. She was born to Ross and Florence (Cruzan) Wilson in rural Tulare, California on Septem...

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Travel

Gearing up: Make travel more civilized with accessories

Gearing up: Make travel more civilized with accessories


Eren Göknar/Special to the Town Crier
San Francisco-based humangear Inc. sells totes, tubes and tubs for traveling.

In travel, as in romance, it’s the little things that count.

Beyond the glossy brochures lie the travel discomforts too mun...

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Stepping Out

Going out with a 'Bang'

Going out with a 'Bang'


Richard Mayer/Special to the Town Crier
“Chitty Chitty Bang Bang” stars, clockwise from top left, Alexander Sanchez, Sophia Sturiale, Deborah Rosengaus and Danny Martin.

Los Altos Stage Company and Los Altos Youth Theatre’s joint production of t...

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Spiritual Life

Build a 'light' house and get out of that dark place

Most of us have a place inside our hearts and minds that occasionally causes us trouble. For some, it is sadness, depression or despair. For others, it may be fear, anger, resentment or myriad other emotional “dark places” that at times seem to hij...

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Magazine

Inside Mountain View

Residents gather at NASA Ames for Pluto Flyby event

Residents gather at NASA Ames for Pluto Flyby event


Megan V. Winslow/Town Crier
NASA Ames’ Pluto Flyover event kindles the imaginations of young attendees.

Sue Moore watched the July 20, 1969, moon landing beside patients and staff members of the San Francisco hospital where she worked as a nurse...

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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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