UPLAND HIT WITH CLAIM

President of Marijuana CO-Op Alleges Extortion

UPLAND - The president of a medical-marijuana cooperative shut down by
the city filed a claim this week accusing former Mayor John Pomierski
of demanding money to keep it in business.

Aaron Sandusky, the president of G3 Holistics Inc., accuses Pomierski
of demanding $20,000 last March to secure what was described as a
"tolling agreement."

Sandusky is seeking unspecified damages in the claim.

"My No. 1 goal is a permit," he said.

Sandusky was told a "tolling agreement" would suspend all efforts by
the city to force the closure of the co-op until after the November
2010 election, according to the claim, which was filed Monday.

Sandusky paid $10,000, which was delivered to John Hennes, owner of JH
Pomierski Builders in Upland, who is a friend of Pomierski's.

A demand was made for another $10,000, which was never paid, according
to the claim.

Sandusky said Pomierski did not directly ask for the money but sent
someone on his behalf.

"I know it had to come from the mayor," Sandusky said.

Robert Schauer, Pomierski's attorney, said the former mayor disputed
the allegations.

"He didn't shake anybody down," Schauer said. "There is a drug dealer
that got shut down by the city from selling marijuana in Upland, OK.
And he's disgruntled."

G3 Holistics was closed in September after the city filed an
injunction in West Valley Superior Court in Rancho Cucamonga.

The city's zoning code prohibits medical-marijuana cooperatives from
operating.

G3 was one of four cooperatives shut down. It is appealing the
injunction in the Fourth District Appellate Court, said Roger Jon
Diamond, Sandusky's attorney.

Pomierski resigned Feb. 22 amid a federal investigation of alleged
corruption in the city.

In June, FBI and IRS agents confiscated records from City Hall and
Pomierski's home office. They also took records from J.H. Builders and
Venture West Capital in Rancho Cucamonga.

A search warrant for Pomierski's cell phone sought records as evidence
of violations including racketeering, conspiracy, extortion, bribery,
mail and wire fraud, and money laundering.

Sandusky said he has spoken to the FBI.

"They actually came into the shop and introduced themselves," Sandusky
said. "They told me, 'We're not here for anything to do with what
you're doing.' They said, 'We are here, we want to ask some questions
in regard to the current situation going on with the mayor."'

Sandusky's claim said he has suffered significant and "yet to be
determined" damages as a result of acts, such as interference with
business trade, fraud, damage to his business reputation,
racketeering, breach of contract, extortion, deceptive business
practices and bad faith.

In addition, according to the claim, an "Upland official" demanded an
immediate payment of $5,000 before G3 opened in November 2009.

According to the claim, the official told G3 representatives that "he
needed the money to get his team together with allowing claimant's
business to operate."

Sandusky refused to pay.

G3 was served later in the month with a cease-and-desist notice,
according to the claim.

The claim will be evaluated and acted upon in a regular manner, City
Attorney William Curley said in an e-mail.

"The claim will be reviewed and presented to the City Council for
action," he said. "The City Council can accept or reject the claim,
and it will be done on a public agenda per the City Council's policy."

A claim is a precondition to a person filing a lawsuit against a
public agency for damages, Curley said.

"It is not a process that is influenced by any other matter such as an
ongoing investigation," he said. "Accordingly, the city will act on
its own, separate from any other ongoing activities."