Dear President Obama, Barak Obama

July 1, 2012

Dear Police,

Dear District Prosecutor,

Dear President Obama, Barak Obama

Dear First Lady, Michelle Obama,

Dear Senator Inouye

Dear Federal Office of Aging

Dear Judy Lee

Dear Volunteer Legal Services

Dear Intermediary Courts of Appeal,

Dear David M. Louie, Attorney General of the State of Hawaii,

Dear Attorney General of the State of California,

Dear Adult Protective Service, State of Hawaii

Dear Adult Protective Service, State of California

Dear Ombudsman’s Office, State of Hawaii

Dear Ombudsman’s Office, State of California

Dear Richardson School of Law, University of Hawaii

Dear Berkley School of Law

Dear Secret Service,

My mother Fumiyo Yamanaka entrusts me weekly to

1.  Bring her home so she can fix things

2.  Do not sell her properties and get them back

3.  Find out where her monies are so she can come home

How do I get empowered to perform the tasks requested by my mother?

How do get an audit conducted by the Adult Protective Service, Ruth Mizuba, the Office of Public Guardian, Mark Eisenberg, Maxine Eisenberg, The Courts, or Stuart Oda, Master?

Although Fumiyo Yamanaka entered the courts as a case of Financial Exploitation, There has never been an audit of Fumiyo’s personal monies and estate. Stuart Oda is a lawyer and not an auditor or comptroller. Stuart Oda has not conducted or enlisted the services of qualified auditor or comptroller to perform a comprehensive audit of Fumiyo’ personal monies and estate.

Stuart Oda demonstrates by his arbitrary wrongful, exploitative recommendations that he neither understands conventional accounting or managerial accounting, the difference between principle and interest of a trust or conservatorship or how to profitably manage a trust, conservatorship, personal monies or property rental business. Stuart Oda recommends the court to bankrupt Fumiyo and to neglect and abuse Fumiyo which Judge Hara rubber stamps into orders.

Judge Hara appoints Mark Eisenberg conservator to continue to financially exploit Fumiyo Yamanaka. Judge Hara refuses to address the issues of financial exploitation and theft of Fumiyo’s personal monies (by Mark Eisenberg) for which Fumiyo entered the courts in the first place. Judge Hara allows Mark Eisenberg, conservator, and Mark Eisenberg, claimed trustee, Maxine Eisenberg, claimed trustee and Theodore Yamanaka, claimed trustee to improperly refinance and sell Fumiyo’s properties with no accounting or benefit to Fumiyo to Ted, Rae, Mark, and Maxine’s own personal benefit.

Barbara Takase rules to financially exploit Fumiyo by endorsing Mark and Vern’s claim of criminal property damage for posting “Not for Sale” signs on the vacant properties, thereby preventing Velda from talking to all prospective buyers to discourage them from buying the Yamanaka properties and bankrupting Fumiyo. Fumiyo and Masashi have always been adamant against the sale of any properties. Barbara Takase demonstrates that she endorses the bankruptcy of Fumiyo Yamanaka.

Barbara Takase refuses to hear Fumiyo’s voice “because Fumiyo is not here (present in court)”. Fumiyo is arbitrarily being held captive in California by Mark and Maxine Eisenberg. Barbara Takase grants Mark summary possession of 96 Kekela, the Yamanaka Family home (not a rental unit) and refuses to reconsider the issue because Velda complied with summary possession order. Maxine and Mark gutted 96 Kekela, the Yamanaka family home of all Fumiyo and Yamanaka family possessions. Fumiyo and Velda are now “homeless” and Mark and Maxine have stolen 96 Kekela to their own names as they have all Fumiyo’s properties.

The guardian, Ruth Mizuba or her agents Mark and Maxine do not retrieve or provide accounting of Fumiyo’s personal monies or provide any services to Fumiyo. All Ruth’s unfiled reports are pure conjecture and hearsay. Ruth is in Hawaii. Fumiyo is arbitrarily being held captive in California. Fumiyo’s personal monies supposedly earmarked for guardianship purposes – retirement, social security, property rental incomes, trust endowments, stock, etc, are being commingled into financial institutions in California in violation of Probate Rule 107.

Mark Eisenberg, Mark Eisenberg, conservator, Mark Eisenberg, claimed trustee of the Fumiyo Yamanaka Trust, agent for Maxine Eisenberg, claimed trustee of the Masashi Yamanaka Trust, and agent for Ruth Mizuba, guardian has never provided accounting of Fumiyo’s personal monies, property rental incomes and expenses, business incomes and expenses, trust incomes and expenses, or full financial disclosure of all refinances and sales (prohibited by FC AA 04-01-0001 orders). Mark simply reports that Fumiyo’s $3.5 million estate is now in arrears.

Fumiyo is bankrupt. The whole purpose of bringing Fumiyo into the court system in the first place was to stop and prevent the financial exploitation of Fumiyo Yamanaka. The State of Hawaii instead used FC AA 04-01-0001, FC G 05-01-0006, and G 05 01-01 to bankrupt Fumiyo Yamanaka a 90 year ward of the State of Hawaii.

Mark and Maxine confuse themselves with Fumiyo Yamanaka. Mark and Maxine claim summary possession on Fumiyo’s behalf. Fumiyo told Velda to remain at 96 Kekela.

It appears to me this whole case is Mark and Maxine’s stealing back their “loan of second mortgage” to Fumiyo which they gifted Fumiyo by refusing the first monthly payment of $210/ month to pay for their children’s college education. There are other ways for Randy and Sally to pay for a college education without abusing, bankrupting and financially exploiting Fumiyo. What has Mark done with the $5 million principle of from the trusts? How much interest is it producing monthly?

How do we retrieve back our Yamanaka family home at 96 Kekela Street, Hilo, Hawaii wrongfully summary possessed by Mark Eisenberg and Maxine Eisenberg?

How do we restore Fumiyo Yamanaka, 90, ward of the State of Hawaii, financially exploited because of Fumiyo’s mother’s love, trust and exploitation by Theodore Yamanaka, Rae Yamanaka, Maxine Eisenberg, Mark Eisenberg, and the States of Hawaii and California to her home at 96 Kekela from captivity at Eden Villa, Castro Valley, California?

How do we restore Velda Yamanaka, 62, Fumiyo’s eldest daughter and Fumiyo’s companion and caregiver of choice at 96 Kekela as companion, caregiver and empower Velda as guardian?

How do we retrieve back to Fumiyo her 11 properties on Kekela Street, Hilo, Hawaii wrongfully refinanced, stolen and sold by Ted Yamanaka, Maxine Eisenberg and Mark Eisenberg and Rae Yamanaka?

To which court do we request that all refinances and sales of Fumiyo’s properties be voided and the properties returned to Fumiyo’s estate per HRS 560:5-423 given that the courts of Hilo, Hawaii are prejudiced against us?

How do we retrieve back to Fumiyo all Fumiyo’s personal monies earmarked for guardianship purposes presently stolen by Mark Eisenberg to financial institutions in the State of California?

How do we retrieve back to Fumiyo all Trust principle and interest (about $5 million – property equity, refinance monies, property rental incomes, Fumiyo’s personal monies, stock, etc) to Fumiyo Yamanaka, the Fumiyo Yamanaka Trust, the revoked Fumiyo Yamanaka trust, Masashi Yamanaka trust and the Fumiyo Yamanaka conservatorship? HRS 560:5-314(b)(4)

Fumiyo’s conservatorship has been bankrupted and all Fumiyo’s personal monies are presently allowed to be stolen by Ruth Mizuba, Moira Chin, Office of Public Guardian, the courts, especially Judge Hara, Judge Takase, without report or accounting by Mark Eisenberg, Mark Eisenberg, conservator, Mark Eisenberg, claimed successor trustee, Fumiyo Yamanaka trust, Mark Eisenberg, acting guardianship agent for Ruth Mizuba, Mark Eisenberg, agent for Maxine Eisenberg, Maxine Eisenberg, Maxine Eisenberg acting guardianship agent for Ruth Mizuba, Maxine Eisenberg, claimed successor trustee for the Masashi Yamanaka trusts, Ruth Mizuba and the courts of Hawaii and their lawyers, the assistant attorney generals – MaryAnne Muniere, Kris Murakami, Kurt Shimamoto, Sandra Freitas, etc, John Carroll, Sarah Ennor, Jennifer Zelko, Newton Chu, Torkildson, etc and agents Vern Yamanaka, Yamanaka Enterprises, Stuart Oda, Noralynne Pinao, Adult Protective Service, especially Timothy Kitagawa – Hawaii and California, Ombudsman – Hawaii and California, Office of Public Guardian, especially Ruth Mizuba and Moira Chin – Hawaii and California, Consumer Protection - Hawaii, Hawaii Island Board of Realtors etc?

How do we retrieve and profitably manage the 11 properties of Fumiyo’s $3.5 million estate presently in arrears and bankrupt?

How do we stop the abuse, isolation, neglect and censorship of Fumiyo Yamanaka in California?

How do we stop the financial exploitation of Fumiyo that FC AA 04-01-0001 – financial exploitation of Fumiyo Yamanaka, FC G 05-01-0006 – guardianship of Fumiyo Yamanaka, and G 05-01-01- Conservatorship of Fumiyo Yamanaka’s estate of 4 businesses – Computer Solutions Hawaii, GreenSand Internet, Kekela Properties, Masashi and Fumiyo GE, 11 properties – 84, 86, 88, 92,94, 96, 118, 118A, 122, 122A, 122B, 2 trusts – the revoked Fumiyo Yamanaka Revocable Living Trust, and the now irrevocable Masashi Yamanaka Trust?

How do we create a new irrevocable trust on Fumiyo’s behalf?

President Obama said that he wishes to see an end to Veteran Homelessness. I am a veteran. Where might I find legal assistance to get back our home.

I pray that my mother, Fumiyo Yamanaka and all others in similar situation be respected and honored with the best life possible that we are able to provide. I pray that my mother, Fumiyo Yamanaka’s wishes and desires be honored and fulfilled as mandated by HRS 560:5-314(a) and HRS 560:418(b). I pray that Fumiyo Yamanaka be brought home from arbitrary detention in California to 96 Kekela, Fumiyo’s home of over 63 years. I pray that Fumiyo be restored to Fumiyo’s lifetime companion and caregiver of choice, me, Fumiyo’s eldest daughter, Velda Yamanaka, acupuncturist, primary care provider who has spent the last 50 years caring for Fumiyo and the Yamanaka family. I pray that Fumiyo’s monies, properties, and possessions be restored to Fumiyo Yamanaka.

Please address the issues of elder abuse and financial exploitation of Fumiyo Yamanaka, 90, ward of the State of Hawaii per HRS 28-94 and correct and remedy this case of neglect, abuse, financial exploitation and bankruptcy of Fumiyo Yamanaka. Time is of the essence given Fumiyo’s age. These issues unaddressed now will further linger in the Probate Courts of California and Hawaii.

Fumiyo was made a ward of the State of Hawaii because Fumiyo was being financially exploited by Fumiyo’s children and their spouses taking advantage of Fumiyo’s unconditional mother’s love, trust of her children and the Yamanaka Estate of 11 properties. Theodore, Fumiyo’s only son and a quadriplegic (deceased Feb 2012) and daughter Maxine Eisenberg and their spouses Mark Eisenberg and Rae Yamanaka were stealing all Fumiyo’s personal monies and mismanaging Fumiyo’s businesses and properties and financially exploiting Fumiyo Yamanaka.

Fumiyo Yamanaka 90, ward of the State of Hawaii continues today to be financially exploited, and is now bankrupted and about $1,000,000 in unanswerable debt, neglected, abused, imprisoned and censored at perimeter protected Eden Villa, Castro Valley, California and Fumiyo’s $3.5 million conservatorship has been bankrupted by the neglect, mismanagement, and prohibited refinances and sales of Fumiyo’s properties by her children Theodore Yamanaka and Maxine Eisenberg, and their spouses Mark Eisenberg and Rae Yamanaka, their agents Yamanaka Enterprises, Ruth Mizuba, their lawyers Dennis Nishimoto, John Carroll, Sarah Ennor, Jennifer Zelko, Newton Chu, Torkildson, Katz, Moore, Hetherington and Harris, etc. with the assistance and collaboration of Ruth Mizuba, Fumiyo’s “guardian”, Ruth’s agents, Moira Chin, Office of Public Guardian, Mark Eisenberg, Maxine Eisenberg, her attorneys Assistant Attorney Generals MaryAnne Munier, Kris Murakami, Sandra Freitas, Kurt Shimamoto, the Adult Protective Services, Timothy Kitagawa, Fe Hoota, and the courts Judge Hara, Judge Takase, Stuart Oda, master, and Noralynne Pinao, guardian ad litem.

Fumiyo’s expressed wishes are not being heeded (per HRS 560:5-314(a) and HRS 560:5-418 (b). Fumiyo is being arbitrarily detained, neglected and physically, mentally, and emotionally abused in California. HRS 346-222. Fumiyo is being denied Pursuit of life, liberty and happiness (Fumiyo’s wishes to live in her own home (96 Kekela) with Velda, that none of the properties be sold, and to know where her monies are) Constitutional Rights, Article 9, United Nations Human Rights. (see Fumiyo’s letters) It seems that everyone involved thumbs their noses at the Constitution of the United States and the Constitution of the State of Hawaii (especially the Preamble of the Constitution of the State of Hawaii), the Hawaii Probate Rules, and the Hawaii Revised Statues.

It seems to me that due to Fumiyo’s age, and vulnerability of 30-80% hearing loss, short-term memory loss due to multi-infarct strokes and being a female WWII Japanese Hawaiian American survivor (who does not complain or cause any waves as a result of her WWII experience) should not be interned in California but instead should be accorded dignity, honor, and respect due all individuals irregardless of cultural differences under the Preamble of the Constitution of Hawaii and any other handicapped individual under the 14th Amendment of the Constitution of the United States of America.

Please remove Ruth Mizuba, Moira Chin, the Office of Public Guardian, Mark Eisenberg, and Maxine Eisenberg as guardians, conservator and trustees of Fumiyo Yamanaka and control over Fumiyo’s personal monies supposedly earmarked for guardianship purposes for abuse, neglect, kidnapping Fumiyo to California, isolation, deprivation of home, guardianship, companionship, and diligent care, human and constitutional rights, theft of all Fumiyo’s monies and possessions, bankruptcy of Fumiyo’s $3.5 million estate and gross dereliction of all guardian, conservator, and trustee duties and responsibilities.

Please restore Fumiyo to Fumiyo’s preferred companionship. Care and guardianship of her eldest daughter, Velda. Please appoint Velda Yamanaka as Fumiyo Yamanaka’s lifetime companion, caregiver, and guardian as Fumiyo wishes.

Please appoint a Fumiyo a qualified guardian ad litem to represent Fumiyo Yamanaka in the courts of California and Hawaii.

Please appoint to Fumiyo a qualified auditor or comptroller as master to audit Fumiyo’s personal monies, personal properties, real properties, assets, monies, conservatorship monies, trust monies etc. and provide proper accountings of this and 3 previous accounting periods per Probate Rule 29 of Fumiyo’s personal monies, 4 businesses, 11 properties, 2 trusts, personal belongings, etc.

Please rescind, void, and null the Summary Possession of 96 Kekela. Please return and restore Fumiyo to her home to 96 Kekela. Please return or replace all Fumiyo’s personal possessions, the entire contents of 96 Kekela.

Please return all Fumiyo’s personal monies – retirement, social security, property rental incomes, trust endowments, stock, etc earmarked for guardianship purposes.