Voice of Regenerative Medicine : Biomed Realty Trust Inc (BMR), a Public Company that has Failed to Disclose its Legal Proceedings to SEC and the Public against SEC Regulations and Public Policy, Moves to Name California Realtor Kevin Singer as Court-Appointed Receiver for Outrageous Attorney Fee Awarded by Judge Kreep after Judgment Satisfaction

All the information disclosed below is privileged and provided by BMR, SDRMI, and other sources through case discovery. This blog makes no representations as to accuracy, completeness, correctness, reliability, suitability, or validity of this information. The content on this blog is the opinion only, not intended to malign any religion, ethnic group, club, organization, company, or individual, or anyone or anything.

BioMed Realty Trust Inc (BMR) -- Biomed Realty Trust Inc, Biomed Realty LP, BMR-Bunker Hill LP -- is the largest public-traded commercial real estate specializing leasing laboratory spaces for life science industry. BMR has failed to disclose its legal proceedings to the United States Security and Exchange Commission (SEC) and the Public in consecutive quarterly reports against SEC regulations and Public Policy (please see http://www.sec.gov/). BMR’s board members include trustees and president of Salk Institute; trustee of Stanford University; CEO of Amylin Pharmaceuticals; boards of directors of Illumina, Geron Corporation, Alliance Pharmaceutical Corp, Corcept Therapeutics, and Castle Biosciences; the advisory councils of the University of California San Diego and the University of Miami; President of Roth Capital (please see http://www.biomed.com ). Its biotechnology company investment portfolio includes some of the trailblazers in human embryonic stem cell lines, such as Geron and Asterias Biotherapeutics, a subsidiary of Biotime, which dosed on stem cell assets of Geron in October 2013 under a $40 million deal for acquiring four cell lines, including OPC1, that were shelved by Geron. Asterias entered an 8-year lease contract with BMR in January 2014, and subsequently, received a $14.3 million award from California Institute for Regenerative Medicine (CIRM) in May 2014 to continue clinical trial of OPC1 for spinal cord injury abandoned by Geron in November 2011.

In a surprise move from BMR for its bizarre unlawful detainer case (case#37-2012-00042147, and court records can be viewed at http://www.sdcourt.ca.gov, please also see below image files of SD court records timeline), BMR attorney requested court appoint receiver to take control of San Diego Regenerative Medicine Institute (SDRMI) before the trial was open (case#37-2013-00038680 and court records can be viewed at http://www.sdcourt.ca.gov). BMR, a public traded company advertising itself as leading force in leasing laboratory spaces to life science industry, has been waging a legal war of money and power on SDRMI, a non-profit 501c3 tax-exempt stem cell research start-up in life science industry that, BMR has known from the beginning, did not have any legal counsel and would not be able to afford any legal counsel (case#37-2012-00042147, and court records can be viewed at http://www.sdcourt.ca.gov, please also see below image files of SD court records timeline). BMR has admitted through case discovery that they have confiscated and destroyed SDRMI valuable human embryonic stem cell (human ES cell) lines and stem cell research materials, and sold or donated SDRMI stem cell research equipment to its partner organizations for sell using a one year lease agreement (please see image files provided by BMR themselves through case discovery below). However, not only BMR claims that they are not legally responsible for any of their deliberate damages to SDRMI because of the one year lease SDRMI signed into, BMR attorney Steve Blake of Galuppo & Blake has also been very aggressive in pursuing the $11,308.09 money judgment that BMR obtained after their lock out by continuing to go to court to bring legal actions and sanctions to SDRMI in the last 2 years (case#37-2012-00042147, and court records can be viewed at http://www.sdcourt.ca.gov, please also see below image files of SD court records timeline). BMR attorney never mentioned to court that there was illegal lock-out, there was illegal destruction of SDRMI human ES cells and research materials, there was illegal selling of SDRMI stem cell research equipment, and BMR refused to return SDRMI stem cell research equipment worth more than the money judgment (please see image files of BMR attorney communication through case discovery below). In January 2014, BMR entered an 8-year lease contract with Asterias, in the same time, BMR filed a cross-complaint in court to SDRMI founder Dr. Parsons, even though only SDRMI, not Dr. Parsons, ever signed a one year lease with BMR, and California business law indemnifies executives from personal liability. In May 2014, CIRM gave Asterias $14.3 million award, afterwards, BMR attorney Steve Blake filed multiple motions in court for court sanction, writ of execution, court-appointed receiver with malicious intention and primarily for improper purposes, such as harassment or intentionally cause needless increase in the cost of litigation, to force SDRMI handover its stem cell patent, hostile takeover, force SDRMI liquidate its asset into bankruptcy, compel SDRMI production of information and documents that contain information that is commercially sensitive, trade secret, proprietary, confidential and/or subject to a right of privacy entitled by law (please see BMR attorney’s frequent ex parte contacts with SDRMI below and image files of SD court records timeline).

Not withstanding BMR attorney’s legal harassment, SDRMI paid BMR in the amount of $15,319.82 in a Cashier’s Check on July 30, 2014, to satisfy the money judgment that contains multiple legal deficiencies in full, including: BMR money judgment in the amount of $11,308.09 entered on form UD110 by BMR on 5/7/12; Accrued interest for BMR money judgment in the amount of $2,391.73 entered on form MC-012 by BMR on 7/2/14; and BMR monetary sanction against SDRMI in the amount of $1,620 awarded by Judge Kreep in court on 6/11/14 (case#37-2012-00042147, and court records can be viewed at http://www.sdcourt.ca.gov, please also see below image files of SD court records timeline). However, BMR refused to accept the Cashier’s Check and file an acknowledgment of satisfaction of judgment with the court pursuant to California Code of Civil Procedure (CCP section 724.050), but instead requested afterwards outrageous attorney fees that is more than the money judgment and continued to procure court-appoint receiver wrongfully, maliciously, and without sufficient cause (please see BMR attorney’s frequent ex parte contacts with SDRMI below and image files of SD court records timeline). In witness whereof, the above payment of total of $15,319.82 was received and honored by BMR on September 12, 2014 in San Diego court in front of Judge Kreep, and cashed by BMR on September 15, 2014.

Pursuant to Enforcement of Judgments Law, a Cashier’s Check has been honored, the time of payment and the time of Judgment satisfaction in full relate back to the date of the Cashier’s check, July 30, 2014. Although California Code of Civil Procedures (CCP § 685.080 and 685.070) indicate that post-judgment enforcement fees and costs could not be recovered after judgment satisfaction, and CCP § 695.210 indicates that attorney fees claimed by BMR, but not awarded by the court are not part of the judgment, Judge Gary Kreep at Department 7 of San Diego Central Court awarded BMR $6,000 attorney fee right after he declared himself that no court would award BMR attorney fee. Although California Code of Civil Procedure (CCP) § 566 indicates that no party, or attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity or affinity within the third degree, can be appointed receiver therein without the written consent of the parties, BMR acted quickly to singlehandedly name California Realtor Kevin Singer as court-appointed receiver for the outrageous attorney fee awarded by Judge Kreep after judgment satisfaction (please see BMR attorney photo and letters below). Kevin Singer is both a California real estate broker and licensed building contractor with obvious business relationship and financial interest alignment with BMR, and his resume can be found at http://www.receivershipspecialists.com/curriculum-vitae-for-kevin-singer-court-receiver-court-referee-bankruptcy-trustee/.

In April 2011, SDRMI signed a one year lease agreement with BMR at San Diego Science Center. Although unlawful detainer law prohibits self-help eviction, such as lock-out and cut-off utility, in the bizarre unlawful detainer case filed by BMR (case#37-2012-00042147, and court records can be viewed at http://www.sdcourt.ca.gov, please also see below image files of SD court records timeline), BMR locked SDRMI out (on or before February 11, 2012) before its default (February 29, 2012). Then, BMR hired their long-time contractor Occupational Services, Inc. to destroy SDRMI’s entire stem cell assets on March 7 & 8, 2012, before the lease expired in the end of March 2012. Afterwards, BMR staff accused SDRMI trespassing, and BMR attorney refused to return SDRMI stem cell research equipment at the premise without signing liability release form (please see BMR attorney letters below). After the lease expired in March 2012 and after BMR staff accused SDRMI trespassing, BMR continued the money judgment in April 2012, and had all court services remain deliver to the premise knowing that SDRMI could not have access, and obtained the money judgment in May 2012 illegally, which BMR attorney has been aggressively pursuing since (case#37-2012-00042147, and court records can be viewed at http://www.sdcourt.ca.gov, please also see below image files of SD court records timeline). As soon as the money judgment was signed in court, Sustainable Surplus Exchange (http://www.sustainablesurplus.org/), a company sell donated equipment, began to sell SDRMI stem cell research equipment online before BMR even signed the donation agreement without asking for SDRMI permission or consent (please see image files provided by BMR themselves through case discovery below). Sustainable Surplus Exchange is a partner with San Diego Entrepreneurs Exchange (SDEE) (www.sdentrepreneurs.org), where its board members include Ted Jacobs, who broke SDRMI’s lease with BMR and whose dad Brent Jacobs is on the board of Sanford Burnham Medical Research Institute and co-founder of Biocom. BMR donor agreement with Sustainable Surplus Exchange was signed by the CEO of Sustainable Surplus Exchange way back on 9/21/11. And the founder of Biocom is now vice-chairman of California Institute for Regenerative Medicine Institute (CIRM), which gave Asterias $14.3 million award in May 2014 after Asterias entered into an 8-year lease contract with BMR that is worth ~ $1.5 million/year. BMR’s bizarre unlawful detainer case (case#37-2012-00042147, and court records can be viewed at http://www.sdcourt.ca.gov, please also see below image files of SD court records timeline) is a clear example that the law has been used and abused for their improper purposes.

BMR provided the supporting documents below.

From: Steven W. Blake [mailto:sblake@galuppolaw.com]
Sent: Saturday, September 20, 2014 10:40 AM
To: 'Xuejun H Parsons'
Subject: BMR v. SDRMI - Order on Receiver

Dear Jun,

Per Judge Gary Kreep’s order on September 10, 2014, attached is a copy of the proposed order for a receiver. SDRMI has ten (10) days to provide any comments to this proposed order. If I do not hear from you by the end of the day on September 30, 2014, I will submit the attached order to Judge Kreep.

Thank you.

Steve

Steven W. Blake, Esq.

Real Estate and Business Attorney

Galuppo & Blake

A Professional Law Corporation

Direct: 760.431-4575

Fax: 760.431.4579

sblake@galuppolaw.com

Committed to Excellence, Committed to you.