Islamic Center Of San Gabriel Valley Community concern

Islamic Center Of San Gabriel Valley Community concern ICSGV community Concern

10/30/2021
10/21/2021

Posted Oct 5th:
Congratulations! Community.
Another win for the community today. We are pleased to report that the Los Angeles Superior Court ruled in Plaintiff's favor this morning in regards to Defendants’ Motion to Compel Arbitration.
Defendant wanted to have an arbitration according to the 2018 bylaws which have been rejected.
The next date is January 4th, 2022 for moving forward with the trial or the arbitration can only be done with an independent person under the Court order.
It is the time for the community to come forward and make sure together we do the right thing.

10/21/2021

Dear Community Members,
As you all know that the complaint has been filed against ICSGV Board Members last year. This page has been created to update the community regarding this complaint.
See below a few points to understand the complaint.
· (a) failing, for at least the past four years, to keep and/or post-meeting minutes of general body meetings, special general body meetings, meetings of ICSGV committees, Shoora meetings, and other proceedings of ICSGV’s members;
· (b) failing to hold semi-annual general body meetings as required by ICSGV’s corporate bylaws;
· (c) failing to hold general body meetings prior to changing, amending, and/or updating the corporate bylaws;
· (d) making arbitrary and substantive changes to corporate bylaws and policies without obtaining membership approval;
· (e) failing to follow the ratified and general body member-approved bylaws;
· (f) approving membership applications which fail to meet ICSGV’s legitimate criteria for membership;
· (g) failing to post and/or make available financial statements for inspection by general body members;
· (h) authorizing and promoting candidates for election to the Board of Directors/Shoora who are ineligible to run pursuant to the bylaws;
· (i) manipulating and rigging the ICSGV elections by engaging in processes and procedures that suppress and quash opposition to the Director Defendants and inhibit community participation;
· (j) engaging in a pattern and practice of intimidation, threats, and/or assault and battery against community members;
· (k) failing to ensure that the governance, activities, and affairs of ICSGV are conducted in the best interest of ICSGV and its general body members;
· (l) failing to undertake directorial duties and obligations in good faith to better ICSGV and its general body members;
· (m) refusing to permit members to inspect ICSGV corporate records, minutes, and financial records at reasonable times, or at all, and failing to keep at the principal office of ICSGV a copy of the articles and bylaws as amended to date;
· 👎 refusing and/or delaying members’ requests, both oral and written, to conduct an investigation and audit of various elections between December 2015 and present;
· (o) failing to hold regular board meetings, to provide notice of meetings, and to post meeting minutes for community review and inspection;
· (p) failing to maintain corporate records adequate to show that ICSGV’s operations did not inure to the benefit of its officers or employees, as provided under 26 U.S.C. § 6001 or other applicable law, thereby jeopardizing ICSGV’s tax-exempt status, including with the Internal Revenue Service and California Franchise Tax Board;
· (q) misusing, converting, embezzling, and/or mishandling ICSGV corporate monies, donations, assets, property, and charity (Zakat) funds for improper purposes, including personal gain, use, and distribution and personal legal fees, costs, and expenses;
· (r) improperly collecting membership fees and donations via improper means with no record of collection, diverting such funds from their intended and proper use, refusing ICSGV members’ requests to use donated or contributed monies and property in the manner and for the purpose specified, and failing to keep adequate and correct books and records of account.

COURT RULING: All Demurrer's were overruled by the court in our favor - May 5th
10/21/2021

COURT RULING: All Demurrer's were overruled by the court in our favor - May 5th

10/21/2021

Post from Sept 4th
We are pleased to report that Defendants’ attempts to file a Demurrer to defeat our Complaint were unsuccessful. See the attached Order from the Court. The Court even made reference to the poor quality of the work submitted by the Defendants.
At the previous status conference with the Court on July 9, the attorneys for Defendants stated that they would be filing a Motion to Compel Arbitration for the next hearing on October 5. Defendants’ position is that, based on Section I.2.2 of the By-Laws, any disputes with the Shura must be resolved through the Arbitration Committee (one member from the By-Laws Committee, one Trustee, and one member in good standing selected by the other 2 Committee members) instead of in court. Our position is that the Arbitration Committee is inherently unfair and biased, and the Defendants want this option because it will end in their favor. We have suggested other fair and neutral arbitrators, but Defendants have refused. Any arbitration should be done in front of a fair and neutral arbitrator.
Our attorneys will be attending the next status conference on October 5. The Court may set a trial date at that time.
Finally, Defendants recently served “discovery” on Plaintiffs to gather more information about the allegations in our Complaint, such as evidence of the Defendants’ misconduct and mismanagement of ICSGV. Our next step will be to serve our own “discovery” on Defendants to gather the evidence in support of Plaintiffs’ claims.
We thank the community for its support of this very important endeavor. May Allah (swt) guide all to the straight path.

Address

5871 Pine Avenue, 100
Rowland Heights, CA
91709

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