1. When
Laura Gilbreath was handed the registry contents by Diana
Fineran, as transferred from the third prior Head Registrar, Gilbreath-Zimmerman
became our Fourth (4th) Head Registrars. All of the Registry
was created and in place before they were members. Therefore, there is
no way they can take credit for creating the TCA, INC. Registry.
2. In 1998 Diana Fineran was the legally elected Treasurer of
TCA, INC. For no reason the Officers and Board removed her from
the
TCA,
INC. list server. Every manor of slander and mis-information
ensued against her. She was not afforded a chance to defend
herself. All of them had her phone # and email address but none of
the removed Board ever contacted her about resolving this.
3.
By this time, Board meetings were not being held, which was not
according to the TCA, INC. Constitution, By-Laws, Registry and Show
Rules. It was a free for all with several of the officers and board
being left out of meetings and votes. The Youngbloods left. Other board
members also resigned. The former board didn’t have a quorum to make any
decisions, yet they blundered on without it!!
4.
Gilbreath describes her own character! I felt mislead by
her and the legally removed Board by their words and actions.
5.
They admit, as the legally elected Treasurer and Founder, Diana
Fineran was not “in the loop” of the so called “meetings” they were
holding. Several other officers were also left out of "the loop". Decisions
were made without the full officers and board attending or even allowed
input!
6.
The then TCA, Inc. Vice President tried to
mediate,
but to no avail.
7.
Again,
she tried to mediate,
but
to no avail. Diana Fineran has never received an apology from those who
damaged TCA, Inc and
her!
8. Diana
Fineran was removed as Treasurer without a
vote of the TCA, Inc. members, as required. She was never contacted
about this. They just acted without authority! All of a sudden the
Secretary, Randi Briggs, was collecting TCA, INC. money! There is no
Constitutional back up for this! Diana did not deserve this treatment!
9.
Laura Gilbreath was “um” put in as Treasurer with no vote of the
TCA, Inc. members as required by the Constitution and Bylaws. They
again acted without any authority. They just did it! They made up
the rules to suit their own purposes. The Registrar began collecting
TCA, INC. money. There is no Constitutional back up for this!
10.
All magazine and web page advertising was taken over by the
removed board. Diana Fineran tried to protect TCA, INC. and the breeders
from damage. All TCA, INC. breeders lost their web and magazine
advertising due to the activities of the removed board. Diana attempted
to recoup damages on behalf of breeders from the court. Their actions
were done without a vote or input from the breeders, nor the members.
11.
No vote was ever taken by the membership as required.
12.
Office-Board Member, Debra Wannschaff, writes her opinion. She
was denied access to the so called “meetings” that the legally removed board was
having on the web.
13.
More from Debra Wannschaff as she complains of being harassed by
telephone. She reported it to the police.
14.
More from Debra Wannschaff. Keep in mind that she was a
volunteer Board Member.
15.
Diana Fineran founded TCA, Inc.
The removed board was determined to throw her out of TCA, INC.
This was unsupported by the TCA, INC. Constitution, By-Laws, Registry
and Show Rules. No vote was done to the membership for their input, as
required. She was just thrown out. They have been doing the throwing
out and misrepresenting it for over 8 years.
16.
A Special Meeting of the Members was held with a legal vote done
by the full membership of TCA, INC. This went to the full membership as
required by the TCA, INC. Constitution, By-Laws, Registry and Show
Rules. The Officers and Board were legally removed from office by a
vote of the full membership of TCA, INC. effective August 17, 1998. The
removed board ignored the members vote and ignored being legally removed
from office.
17.
Then the legally removed board began a harassment and threat
campaign toward all TCA, INC. volunteers by phone and by letters AFTER
they were removed from office. This letter was sent to several. All of
it is misrepresentation. Almost all of our volunteers resigned due to
the harassment that followed, causing further damage. I tried to stop
this harm to TCA, INC. and its members.
18.
More harassment letters sent to TCA, INC. volunteers. None of
this was deserved in any way.
19.
A member of the legally removed board worked for a police department.
Who would have benefitted, and had access to potential sources like
this?
20.
Witnessed recordings on Diana Fineran's answering machine. Their
attorney listened to these messages. When Randi Briggs husband called
Diana & John Fineran the first time, Diana hung up on him because she
knew there was to be no contact between parties during the law suit. He
called a second time and left this message. It reveals their intentions.
21.
The following week end Rick Briggs called again and John Fineran
answered.
22.
The legally removed board did not return assets of TCA, Inc.
These included the TCA name, the TCA web site, the TCA list server, the
TCA advertising in the cat magazines, TCA documents, the TCA Registry
and the TCA Registry bank account. TCA, INC. breeders, who stayed
with the real TCA, INC., had their web pages removed from the web by the
legally removed board. They were throwing breeders off of the web
and not allowing them access to their own web pages!
23.
TCA, INC. Attorney letter about the web site the legally
removed board published after the lawsuit.
24.
Continuance of the Defamation Lawsuit.
25.
The final lawsuit filed to protect TCA, Inc and its members.
26.
The appeal brief that summarizes about the lawsuit.
27.
The final Court judgment of the Lawsuit. TCA, Inc. was granted an
injunction against TACCI - see section 2.
28.
The final Settlement Agreement. This lawsuit was directed against TACCI
and five individuals. The individuals were protected by the corporate
umbrella, and an appellate court, which set a president in defamation cases
allowing them escape prosecution for defamation.
However, TACCI was found
to have used unfair business practices, and an injunction was sustained
against TACCI following the California Business and Professional Code
17200, for Unfair Competition. The agreement references payments - that
were made to cover the appeal costs of the defamation case. No TCA
monies were used in this cause.
Diana Fineran owns the Federal Copyrights for the TCA, Inc. documents,
breed names, and breed standards, etc. No action has changed that.
Anyone who dealt with TACCI with the understanding that they were the
Traditional Cat Association, Inc. at any time - showing, registry,
membership, donations, etc., may have a case against TACCI.
Contact your attorney for information.
Any registrations (signed by Laura Gilbreath), show winnings (that do
not appear at
http://www.show.traditinalcats.com ), etc that were done by TACCI
after August 17, 1998 are considered null and void, and are not recognized by the
Traditional Cat Association, Inc.
To ensure the integrity of the TCA, Inc. Breeders List and Breeders
Directory, we do not recommend doing business with anyone listed with
TACCI.
29. Following the trial, it was determined that conditions existed
that were in opposition to the court mandated decision, and the TACCI
was in violation of this decision.
Members Sound Off!
--------------------------------
Hi
Diana & John,
I read
about your legal trouble on the weekend. I am totally shocked that
those people could screw you around like that! It just proves that
no matter how well you think you know and trust someone they could
still turn on you and make your life a living hell. But you
persevered and in the end you won. I really admire your fortitude
and courage in fighting for what you believe in. And we, as
traditional Siamese breeders, truly thank you for all you've done to
keep TCA as a legitimate registry for the benefit of all traditional
breeds. I would wholeheartedly recommend you for an award if there
was one but there isn't. So please rest assured that at the very
least you have our gratitude.
I also
noticed you got nothing from the settlement which was a gross
miscarriage of justice. So I sent you a donation to use as you wish.
It isn't much, it's only $25 but if everyone kicked in a $25
donation I'm sure it would go a long way towards reimbursing you for
all the expenses you incurred in winning this fight.
Dear Diana,
It took me a long time to read all of the documents. Some of it
was very "lawyerly" and hard to slog through. But I did persevere,
for I wanted to understand all that has gone before, and what the
exact nature of the law suit was.
Now that I have finished reading it, I am sad that the final
judgment was unfavorable to you.
I admire the courage that it took for you to fight this battle.
It must have been so stressful, and at times so lonely to have your
former "friends" turn on you and do what they did.
I still do not understand what motivated them to turn on you.
But then, I must say, that until I encountered Breeder A and Breeder
B, I had never had the misfortune of being stabbed in the
back. But now that I have had encounters with the likes of these
twisted people, I am entirely empathetic with you and how hurt you
must have been.
I wish that the courts had awarded you the damages that
you deserved. It was not fair for you to have to pay the
defendants even one cent. They got off Scott- free!!
Now that the ordeal is over, I assume that you will be
determined to devote your energies to more enjoyable pursuits. Your
creativity and intelligence are your gifts from God. No one ever
can take that away from you! You have begun a chapter in the
history of the Traditional Cat Association, and like your child, TCA
will grow and develop. This is your lasting legacy. Whatever the
other copy-cat associations may do, they will have gotten their
inspiration from you. Without your initiative, there would have been
no TCA, (nor TACCI, or whatever else they call themselves).
When I taught, I took it seriously when a college student
plagiarized someone else's work, and if they were caught at
plagiarism, there were serious consequences. How any judge
could fail to recognize that the theft of your intellectual property
was an act of theft and plagiarism is beyond me!
I am so glad that I joined the right TCA
from the beginning. I could have been sucked into the wrong TCA just
as other people have been, who thought that they were in the one and
only TCA. It was just luck that kept me from falling into that
trap.
I am proud to be associated with you, Diana, and with John too!
The TCA and you have made an enormous contribution to my own success
as a cat breeder, for without the ability to register my cats and my
cattery name, plus to be able to be located by customers on the web,
I would still be selling unregistered Applehead Siamese
kittens through an ad in the newspaper.
I
am wondering if you will get any emails from the ones whom belong to
both? If I were them I would get out from under their thumb so
fast. If they are true to you they will. I do believe in you. Like I
have said before it an honor to know you. At least you know where
you stand with you, no two face. The time is right that maybe they
will see how GOOD you are to your own.
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