Yeah, really.

You remember Grace Aaron? She was the Scientology-leaning chair of the KPFK Local Station Board when South African General Manager Eva Georgia gave up on KPFK. Aaron was the head of the Committee To Strengthen KPFK, the slate of LSB candidates that made it impossible to get elected without a costly mailer to voters. Riding on the back of Georgia’s departure, Aaron became chair of the Pacifica National Board and interim Executive Director for the entire year of 2009, since the PNB couldn’t or wouldn't get it together to find a replacement for her.

She promised her allies she would give Pacifica a one-woman make-over when she couldn’t get her choice of consultant hired for the job. Aaron keeps her promises. During her tenure, every manager of color in Pacifica save one disappeared from their position, including KPFK’s program director Armando Gudiño. When Grace was finished, also among the missing at KPFK were news director Fernando Velasquez, popular "Beneath the Surface" host Jerry Quickley, and KPFK’s local news.

That was the promised make-over. The woman had wormed her way into a paying position, held the two most powerful titles in Pacifica, and remade Pacifica. Cutting edge and local news and public affairs were pushed to the sidelines, and liberal talking heads interspersed with self-help premiums took their place at the center of KPFK's programming. By all accounts, listenership fell off precipitously. In September 2008, Pacifica’s net worth was $7.2M; in December 2009, it was $4.1M.

Today, Grace’s husband Ken has taken her seat, while Grace remains on the Committee To Strengthen KPFK. What is she doing since she left Pacifica governance? Grace is suing Pacifica.

We're not kidding. Grace Aaron has named Pacifica as a defendant in a convoluted lawsuit, along with Pacifica’s prior legal counsel and interim Executive Director, Dan Siegel. Grace’s co-plaintiffs include a KPFA member, Daniel Borgstrom, and corporation interim CFO LaVarn Williams, whose interim position may be more secure while the lawsuit is pending.

Aaron, LaVarn, and Borgstrom are claiming that Siegel damaged them when he referred to “ethnic cleansing” under Pacifica’s unnamed new leadership in his 2009 election statement. In other words, Aaron and her crowd want to sue Siegel for speaking during a Pacifica election.

If you read Borgstrom, Williams, and Aaron's suit (case no. RG10524638), you’ll see that Aaron et al. promise to transfer any monetary awards from Siegel to Pacifica. Yup. She’s suing Pacifica with her promise to give Pacifica any money she wins.

This isn’t the first time Aaron has sued Pacifica. In 2007, under her leadership the CTSK went to court to demand a new election because Pacifica didn’t send those mailers out on the timeline they wanted. They settled for a recount when it turned out their top vote-getter hadn’t been a member of KPFK for a decade. Even in the litigious environment that is Pacifica, it’s difficult not to call Aaron’s slate the Committee to Sue KPFK. They’re already raising the possibility of a 2010 election lawsuit at nearly every Local Station Board meeting.

Aaron is back in court believing that some judge is, effectively, going to award a defendant money if the plaintiff prevails. And she and her co-plaintiffs are shopping for the right judge to do it: her attorney, Richard Phelps, has already had one thrown out. Aaron and the other plaintiffs are betting that the judge won’t include Pacifica in any damages (and are the plaintiffs going to give that back to Pacifica, too?). Will Pacifica recoup its legal costs, too? The lawsuit doesn’t mention who’s picking up Phelps' legal fees. And Aaron’s somehow imagined that Siegel, who was in Pacifica’s employ at the time of the alleged harm, won’t turn a loss around and sue Pacifica.

For those that have followed Pacifica's recent history, it's become apparent that our donations are funding a string of disgruntled employees and flawed elections. Daniel Borgstrom, LaVarn Williams, and Grace Aaron have become part of that discouraging tradition.

laugh or cry?

The "leadership" at KPFK has got to change. This is sounding like the crazy, self-serving, secretive manipulations of Dick Cheney. This lawsuit (like most of the maneuvering at the station) makes no sense unless there's personal gain or a hidden agenda in it somewhere.

Grace Aaron, La Varn Williams and Daniel Borgstrom are NOT suing Pacifica!

The anonymous author suggests you read the law suit. Please do read it. If you do you will find in Paragraph 3 that Pacifica is being named since that is a procedural requirement of a Shareholders Derivative Suit.

In such a suit a shareholder, member, sues someone that has harmed the corporation in the name of the corporation, when for some reason the corporation declines to do so. The damages awarded in Shareholders a suit go to the corporation, Pacifica. It is long established law.

All one has to do is go to the end of the Complaint and you will see the Prayer. The Prayer is the part of the complaint where the plaintiffs ask the court for the damages they seek. This also serves the purpose of giving the defendants notice as to what damages are being sought from them. And it would make clear that no one is suing Pacifica if the anonymous author actually read the Complaint completely! If they care for the truth?

When you read the prayer you will see that NONE of the Plaintiffs are asking for any damages FROM Pacific. Part of the prayer asks for damages FOR Pacifica. Given what is stated in the Prayer NO judge would award damages from Pacifica to anyone in this case since NO ONE is asking for damages FROM Pacifica.

SO MUCH FOR THE LIE THAT PACIFICA IS BEING SUED!

Daniel Borgstrom is suing for Pacifica, as a shareholder, not as an individual. You will not find in the suit any mention of him claiming to have been personally defamed by the defendant.

Grace Aaron and La Varn Williams are NOT part of the Shareholders cause of action.

They are suing Daniel Siegel for defamation in their individual capacity. The plaintiffs cases were combined in one suit since the court would have consolidated them if filed separately.

So much misinformation and/or lies. No wonder it was posted anonymously!

Daniel Siegel WAS NOT employed by Pacifica at the time he published the Defamation. He resigned as Foundation counsel six (6) months earlier. He may have still been attorney of record on some law suit that I am not aware of, and that would NOT require Pacifica to do anything or provide a defense since what he did had no connection to his representation if there still was any at that time.

My fee arrangement with my client's is confidential. However, I will tell you that I will not be sending any legal bills to Pacifica. I have given hundreds of hours of free legal advice to Pacifica staff , PNB members and LSB members in the last several years and I have never asked for any money.

One free brief I wrote for Pacifica had to do with Siegel's representation of both Pacifica and Eva Georgia when she was sued for sexual harassment and retaliation. I guess the previous author forgot to mention that suit and how much it cost Pacifica.

Siegel representing both was a serious conflict of interest which I advised PNB members and since Siegel's supporters were running the PNB then, my advice was ignored. I remember discussing the matter with Dave Adelson, who, I think he was Chair of the PNB at the time. He said why should I believe you since I have known Dan much longer. My response was "read the law that I have cited, it is very clear" and then I pointed out that you don't ask the attorney with the conflict if it is a conflict, that is like asking the fox if the hen house is safe with a hole in the fence. I later learned that when the Pacifica insurance company got involved with the case they also advised that Siegel had a conflict and had to get out of the case.

So if any of you folks that read these articles know who wrote the first one claiming my clients are suing Pacifica, you now know to seriously question anything they say in the future or in other parts of their article I am responding to!

Richard Phelps, attorney for Grace Aaron, Daniel Borgstrom and La Varn Williams.

Here you have Paragraph 3 and the Prayer from the Complaint.

3. Defendant PACIFICA FOUNDATION, hereinafter referred to as "PACIFICA", is, and at

all times mentioned herein was, a non-profit corporation duly organized and existing under the

laws of the State of California and has its principle place of business in Alameda County,

California. PACIFICA has five radio stations, KPFA in Berkeley, KPFK in Los Angeles, KPFT in

Houston, WBAI in New York and WPFW in Washington D.C. PACIFICA is only a defendant

due to procedural requirements for notice. Damages in the Shareholders cause of action from the

other defendants will go to PACIFICA.
-------------------------------------------------
WHEREFORE, plaintiffs pray judgment against SIEGEL and CL as follows:


1. Damages according to proof for the decrease in donations to PACIFICA caused by SIEGEL's and CL's defamatory publications;

2. Damages for each plaintiff and PACIFICA as allowed by law for defamation per se;

3. Damages for each plaintiff and PACIFICA for the harm to their reputation;

4. General damages for plaintiffs WILLIAMS and AARON;

5. Punitive damages for each plaintiff and PACIFICA in an amount appropriate to discourage such defamatory conduct;

6. For costs of suit; and

7. For such other and further relief as the court may deem proper
---------------------------------------

I often wonder why people that are straight out liars would care about the Pacifica Mission? Conclusion, they don't! So what is their motive for being involved with Pacifica? It can't be an honest one. Which correlates with an anonymous post.

P.S. I wouldn't vote for anyone associated with that post or the people behind it or any web site that posts it as if it were the truth.

When Aaron led her slate mailer compaign, she and Ian Masters promised to turn around and revitalize KPFK.

By driving people off and moving to the right, KPFK and Pacifica have gone down steadily ever since. Aaron and Masters have failed completely in their promises.

KPFK and Pacifica stand as shadows of what they once were and could be. Daily, notably on the daily news program, KPFK uncritially repeats one Obama propaganda line after another.

I think someone should sue Aaron and Masters for all the damage they has done for turning KPFK and Pacifica into another NPR.

The blast against Grace Aaron comes from long time angers, aparent jealousies and any possibility of venting against someone who looks like a possible authority figure.

This is old styled speech in Pacifica and KPFK and in such non-profit but loud-maligner corporations. Shout loud and hope someone else does something helpful from that noise.

Sometimes not all the facts are known or understood. Other times they are conveniently selected, twisted and blasted everywhere hoping to hit some nerve and kill...whatever - whomever.

Grace Aaron's composure during many insults, accusations and other more minor acts have been seen in every LSB meeting anyone ever attended when she was present, or even when not.
She has worked diligently to improve KPFK and the main org and yet her work is not ever noted here as beneficial in any way. Why is that?

The 'news' that there is a lawsuit, is now revealed, and the response by an atty adds to the way news is always reconfigured or explained, once again..... who all knows the twists in the lawyerly speak ? few.

To see another lawsuit to punish someone who may have maligned another is hardly news today. Everyone seems to enjoy spewing garbage and trying to pretend it is healthy for all. And do it again. Lawsuits seemed also designed to stop some of that hate-speech given as 'opinion'.

Who can say what is 'right' and 'legal' and helpful ?

The writer of article claims Aaron did nothing to help KPFK get ahead and gives stats with all discredit given to Grace, as if there were no other sources, forces, economic losses everywhere occurring to help produce those numbers. How deceitful is that statement alone ?

No one has to like anyone else, but to continually disparage, insult and needle [as in 'stick it to them' again and again] another dedicated worker for Pacifica and KPFK, that only speaks to the biases that are forever keeping any possible improvements from happening there.

" Kill them all and we will take over," seems to be the main aim of the repost writer above. A desire for one sided domination by removing any competition or others who are as or more diligent and helpful overall in their attempts to sustain what seems to be an unreliable disparate collection of leftists.

News that is so angry and slanted that this is could not be believed as written here anyhow. That is not 'news' but hate-write.

yuk.

Here's TakeBackKPFK's response to Mr. Phelps, above. This discussion is continuing over at their website.

Without getting into the legal arguments, the plaintiffs are claiming indeterminable damages rather than supporting free speech. That should be ’nuff said.

Mr. Phelps is correct on one point: Mr. Siegel was not an employee at the time of the alleged defamation. That makes this lawsuit even odder. Shareholder derivative suits are generally brought against board members or management when the corporation does not act. If the Foundation was damaged (the purported offense to individuals aside, but perhaps not irrelevant), why didn’t Pacifica sue, if it was so harmed? Since Mr. Siegel was not an employee, Pacifica had no reason not to. Aaron, Williams, and Borgstrom apparently think they know better than the elected Pacifica Board of Directors.,

Otherwise, Mr. Phelps confirms what is said here about the lawsuit, and, for the most part, the questions stand. Mr. Phelps confirms that Pacifica is a named defendant, and he tells us this is a suit that Pacifica chose not to be a part of. And we thank Mr. Phelps for the inside scoop on the Georgia suit. We had no idea that Pacifica abandoned her!,

We’re anonymous because this blog isn’t about personalities. It’s about revealing facts and dialog to determine facts. That’s how we hope you will vote.