Mon05252015

News

Hilltop robbery suspects implicated in crimes across Bay Area

Hilltop robbery suspects implicated in crimes across Bay Area

The three Oakland men arrested in connection to the May 11 home invasion robbery of a Hilltop Drive home are under investigation for numerous additional crimes committed across the San Francisco Bay area, the Santa Clara County Sheriff's Office revea...

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Schools

Preschool matriarch steps down

Preschool matriarch steps down


Alicia Castro/Town Crier
Children’s Center Preschool Director Non Mead sits beside her granddaughter, Greta Germack, during Greta’s birthday celebration.

Non Mead is the quintessential grandmother. Wise and warm, she ties shoelaces with ...

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Community

No 'Love' for Facebook

No 'Love' for Facebook


COurtesy of TRU Love
Tru Love sent multiple messages to Facebook – and made calls to the media – before the company unlocked her account.

Tru Love’s name may be unusual, but she comes by it naturally.

If only Facebook saw it that way.

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Sports

Semi sweep

Semi sweep


Town Crier file photo
St. Francis High’s Steve Dinneen, rising up for the kill, posted 15 kills in Saturday’s CCS semifinal sweep of rival Bellarmine.

There was no letup in the Lancers. Although the St. Francis High boys volleyball team ...

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Comment

Statute of limitations: Haugh About That?

“I can’t believe he’d do this to me,” I cried hysterically. “After all we meant to each other.” Curling into a ball, torrential teenage tears melted my mascara as my entire world came crashing to an obliterated end...

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Special Sections

Cancer survivors march toward strength, hope via Relay For Life

Cancer survivors march toward strength, hope via Relay For Life


Alicia Castro/Town Crier
Cancer survivors Eileen Chun, left, and Marilyn Labetich build strength at Curves of Los Altos.

Two local women took steps toward cancer recovery by caring for themselves and celebrating alongside each other.

Eileen Chun and...

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Business

Repeat business: Répéter consignment celebrates 10 years on State Street

Repeat business: Répéter consignment celebrates 10 years on State Street


Megan V. Winslow/Town Crier
Kellee Breaux owns Répéter, the State Street women’s consignment boutique that celebrates a decade in business Saturday.

Kellee Breaux’s life is a triangle: The 36-year-old lives in Newark, teaches full time a...

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Books

People

EDITH MAY COOPER

EDITH MAY COOPER

September 20, 1908 – April 7, 2015

Edith Cooper died peacefully in her sleep on April 7th in Los Altos, California, at the age of 106, where she had been a resident for over 30 years.

She was predeceased by Frank, her husband and her 3 brothers B...

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Travel

Flying south for the winter: Antarctica trips are not just for the birds

Flying south for the winter: Antarctica trips are not just for the birds


Photos Courtesy of Dave Hadden
Los Altos residents Dave and Joan Hadden watched the scenery from the large boat and a smaller Zodiac.

Standing on the beach with hundreds of thousands of penguins is “the experience of a lifetime,” accord...

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Stepping Out

Bye bye 'Birds'

Bye bye 'Birds'


Ray Renati/Special to the Town Crier
“Birds of a Feather” stars Troy Johnson and Diane Tasca.

Pear Avenue Theatre’s world premiere of “Birds of a Feather” is set to run through Sunday in Mountain View.

The play is the third chapter in local pla...

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Spiritual Life

Mercifully in His grip: Exploring our true position in Christ

I recently read a wonderful analogy about our true position in Christ. It was shockingly contrary to the messages impressed upon me in church, but deeply rooted in the Bible. The analogy is that of child and a parent. If you have ever taken a small ...

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Magazine

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon


tanya kucak/Special to the Town Crier
Shrub manzanitas are known for their sinuous mahogany trunks and branches. If the foliage hides the bark, prune selectively to open the center so that the bark is visible year-round. This Montara manzanita is ...

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Inside Mountain View

Civility Roundtable opens discussion on race, policing

With racially charged unrest shaking places like Ferguson, Mo., New York City and Baltimore, the Mountain View Human Relations Commission posed a question: “How can we prevent Ferguson from happening in Mountain View?”

Nearly 150 residen...

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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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