The Real Mexican Judicial System 🙃
When the damage to our home from the neighboring construction became impossible to ignore, we did what we were told we should do: we documented everything, went through the legal system, and kept quiet.
First came a civil lawsuit filed in my husband’s name in 2020 for damages and prejudices (daños y perjuicios). It detailed how heavy machinery and excavation on the adjacent lot sent vibrations and seismic waves through the rocky ground, cracking our walls, breaking water lines, knocking doors out of square, and shifting the kitchen counter. That case was "overlooked."
At the same time, a criminal complaint (denuncia/querella) was also filed for the crime of property damage. It told the same story, included the same experts, the same notarial certificate of facts, and the same quote from the builder about how the excavation would be “perjudicial.” The court killed the case by applying a convenient expiration date, claiming the statute of limitations had run. NOTE: There is no direct translation for the word 'Perjudicial'. It can mean harmful, detrimental, damaging, or injurious. Considering it's been 7 years without resolution, it's a pretty accurate word.
"We challenged that decision. We took it to the Control Judge, then into amparo proceedings, and eventually to the federal level in La Paz. The system demanded clairvoyance, ruling that we should have filed a lawsuit on the very first day the excavation machines arrived—as if we possessed a crystal ball to see the invisible structural fractures spreading through our foundation months before the walls actually cracked. The court suddenly suffered from a severe case of willful blindness."
Meanwhile, the house kept suffering. The damage did not stop when the first lawsuits were obstructed. We hired a third independent expert, a licensed architect and authorized court appraiser, who quantified the ongoing structural problems and repair costs at a significantly higher figure.
In 2023, I filed a new ordinary civil lawsuit in my own name. This one is broader. It names not only the neighbor and the builder, but also the bank acting as trustee, the homeowners association, the architectural review committee, the board of directors, and several municipal officials responsible for construction permits and oversight. The claim is higher, reflecting the continued deterioration and the new expert appraisal. What followed wasn't a normal court delay; it was a heavy, manufactured silence.
Across all four filings, including an appeal to the Tribunal in La Paz, the core facts never changed: the same two lots in El Pedregal, the same 60-meter distance, the same heavy machinery, the same progressive structural damage, and the same warning we were given before the excavation even began. The facts stayed the same. The only variable was the invisible hand tilting the scales of justice.
Next: The part that is harder to explain
@Claudiashein@ChrisAgundezg@VictorCastroCos@LosCabosTourism@DEAHQ@ClarkCountyNV@Nv8thC@FBIDirectorKash@cbriveras@GobBCS@pmlawbaja9615
#MexicanJusticeSystem #CaboSanLucas #ElPedregal #BajaCaliforniaSur #PropertyDamage #LegalSystem #Amparo #LosCabos #ExpatLifeMexico #MyStory #VegasDave
We Thought Pedregal Was Trying to Kill Us
“Who controls the past controls the future; who controls the present controls the past.”
— George Orwell.
Or, as a long-time dear friend of mine once told me, “He who controls the minutes controls that narrative.”
I will return to this point shortly.
On August 2, 2022, my husband sent a very respectful letter by email to the board of directors and management regarding the red lines that marked vibrational damage to our home. The letter explained that the red lines marked vibrational damage that was under active criminal investigation (CSL/2436/2020/NUC). He stated that he was legally constrained from altering the walls until the Public Prosecutor authorized it, and he provided his attorneys’ contact information. He asked that their threats be suspended while that process continued, as he risked being held criminally and administratively responsible for interfering with or destroying evidence in an active case.
At the General Assembly meeting in November 2022, Pedregal Board of Directors member Perry Woodward said he was tempted to applaud a homeowner for raising the issue of our home. He made this comment with no acknowledgment of what he already knew, even though he had been a board member since at least 2019.
On September 25, 2023, I went to the Obras Públicas to file a complaint that Pedregal had begun building a permanent wall around my home. I was told they could do nothing about the wood-plank wall but would stop Pedregal from continuing with the brick wall. They also gave me phone numbers to call, including Protección Civil and Ecología, if Pedregal continued.
On October 19, 2023, while everyone was watching to see what Category 3 Hurricane Norma would do, as Los Cabos was “in the cone of concern” and under a hurricane warning, Pedregal installed a surveillance camera pointed directly at my home; in fact, it was pointed toward my bathroom shower.
On October 23, 2023, after Hurricane Norma made landfall north of us, Pedregal began removing the wooden stakes from the ground. When my husband went out to discuss painting the wall, we discovered they had already begun building the brick wall again. I filed another formal complaint that morning, and by that afternoon, the city had shut down the construction once more.
August 30th, 2024: they began building the wall. The wall they constructed was not a distant community entrance feature. It was built in a location that directly affected our home:
It blocked the primary entrance gate to our home from view.
The next available access point required entering our covered carport area — which, unless you were invited to our home, constitutes trespassing on private property.
That changes the practical impact significantly. It is no longer just a debate about aesthetics, permits, or “hiding red stripes.” It is a physical barrier that altered the visibility and legitimate access route to a private residence.
In March 2025, Pedregal built a second wall. The jackhammer and excavator working on the stone-paved road surface show exactly why the name “Pedregal” matters. The ground is solid rock. Any significant work, such as road repairs, utility trenches, or the foundations for that wall, requires heavy percussion equipment that transmits vibration straight into adjacent structures.
This is a concrete visual of the safety issue I raised in the last update: pressurized propane tanks resting on a vibration-damaged support structure while heavy equipment continued to work nearby on solid rock. That combination is not a minor code violation. It is a real, ongoing safety hazard to anyone inside or near the house. We truly thought they were trying to kill us!
“He who controls the minutes controls that narrative.”
If you are a homeowner, I invite you to review the minutes of the meetings for May 2022, November 2023, and May 2024. Of course, if you are missing the minutes in your personal files, you can access them on the HOA’s member portal under Documents. An HOA the size of Colonos del Pedregal is expected to maintain accurate, properly labeled, and consistently accessible records for its members. That being said, there have been many instances of errors in the documents. For example, the file labeled May 2023 is actually the Call to Assembly, the file labeled May 2024 is November 2022, and so on.
Many of the same Board members who received the 2022 letter and who authorized or supervised the wall remain on the Board today. The documentary record — the 2022 letter, the two 2023 citizen complaints with official receipt stamps, the provisional approval letter, the suspension notices, and the three sets of General Assembly minutes — is available. The facts do not require embellishment!
As Louis Brandeis observed, “Sunlight is said to be the best of disinfectants.”
The Pedregal HOA is a disease. In the next update, you will learn just how utterly sick this development is, from top to bottom… and the developer is on a whole other level of sickness.
It was more than fearing for our safety in our home and Pedregal. I was genuinely afraid. The level of organized criminal activity in our neighborhood had become impossible to ignore, and it left me feeling vulnerable in my own home. We had been living out of suitcases for six years.
The English translations of the official government documents, along with the video and the full timeline, are available on the blog.
🔗 https://t.co/QvyUusQnoK
To be continued …
As Louis Brandeis observed, “Sunlight is said to be the best of disinfectants.”
MORE PICS IN COMMENTS.
@Claudiashein@ChrisAgundezg@VictorCastroCos@LosCabosTourism@DEAHQ@ClarkCountyNV@Nv8thC@FBIDirectorKash@cbriveras@GobBCS@pmlawbaja9615
#PedregalCabo #ColonosDelPedregal #HOAFAIL #WelcomeWall #PedregalWall #VibrationalDamage #HOATransparency #HomeDamage
@chelewillberg@jason61987 It’s normal to get hurricanes in the Pacific. Otherwise the most newsworthy thing are the long period swells affecting the coast line. Even hundreds of miles away it’s creating dangerous coastal conditions. @livinlavidacabo
This could be you - Welcome To Pedregal
I no longer felt safe in my home. I no longer felt safe in Pedregal. We had to leave Pedregal because management was attacking us with violent intentions. We have returned to the United States.
Between 2019 and 2023, three independent licensed experts in Mexico inspected Casa Gallo and prepared detailed technical reports documenting the condition of my home. Although completed years apart, all three reports reached the same general conclusions:
The observed damage was attributed to excessive ground vibrations generated by heavy machinery operating on the neighboring lot owned by David Nakama Oancea.
Cracking affects both architectural finishes and structural elements, including confined masonry walls.
The damage is progressive and continues to worsen over time.
Significant repairs, including structural reinforcement, are necessary.
The most recent report (2023) estimated the cost of repairs at more than 5 million Mexican pesos, reflecting both increased construction costs and the continued deterioration documented by the expert.
The original expert reports, together with a video from the USB drive submitted to the court by Engineer Oscar Castillo Sánchez, are included below in the comments for anyone who wishes to review the technical findings and supporting documentation.
@Claudiashein@ChrisAgundezg@VictorCastroCos@LosCabosTourism@DEAHQ@ClarkCountyNV@Nv8thC@FBIDirectorKash@cbriveras@GobBCS@spencerinvestor
#VegasDave #VillaVegasDave #DavidOancea #CaboPlatinum #CaboSanLucas #LosCabos #Cabo #VegasDaveLawsuit #CaboPlatinumLawsuit #CaboPlatinum #PedregalCabo #CaboProblems #LuxuryVilla #LosCabosMexico #HomeDamage #NeighborDispute #ConstructionDamage #LegalBattle #HOAFAIL
On August 24, 2023, we began publicly documenting what happened to our family and our home. Since then, much has changed. Before we share new developments, we're revisiting the original timeline for those just joining us—and as a refresher for those who've followed our story from the beginning.
What follows is exactly as it was published in August 2023. We stand by every word. The story continued long after this was written. For nearly three years, much of what followed remained untold. That changes today. We're continuing the public record.
David Oancea, it burns me to type this, “allegedly”, destroyed our home. We have the evidence to prove it, but I was strongly encouraged to use that word, for now. This is going to be a multi-part series of what we’ve been through for the last several years.
It began in October of 2017 when a man we know named Philip K Orr (see picture below) of Prestige Los Cabos Homes came to let us know that he had a new client (I personally didn’t learn the neighbor’s name until 2019) and wanted to give us a heads up that the project was large, and the excavation of the lot could take up to a year and a half.
While I cannot pinpoint an exact day “they” actually began with the initial stages of the excavation, I can tell you that the only days of silence in December of 2017 were holidays and weekends. Our family was here for the holidays so weekends and holidays were our only days of peace. Here is the weird part, it is my understanding that David Oancea had not closed on the purchase of the lot until 2018 some people on the interwebs may know it as “Villa Vegas Dave II” so there is still some question as to WHO started working on the lot in 2017.
To get an idea of the size of the excavation site highlighted in purple, I’ll first share a picture of it from an aerial view.
The next year and a half, this is what was happening across the street. You might have a better viewing experience of the video if you open it and watch it on YouTube with a little volume, and some may prefer to skip to the 30-second mark.
For those that do not know, Pedregal is made of granite. Granite is one of the hardest rocks on the planet and I’ve read the only thing stronger is a diamond. (I’ll get back to this in another segment because, in my opinion, Pedregal needs to change its rules)
“The traditional Mexican method uses heat and cold to break up boulders. A space under the rock is excavated, packed with wood then set on fire. When it is hot, it is doused with cold water. The change in temperature causes the rock to split and break apart. Then the process is repeated. It could take 6 months to demolish a garage-sized rock this way. Nowadays, hydraulic chisels and expansion materials do the job.”
At the beginning of 2019, we began to notice our home had started to develop cracks along the perimeter walls, the exterior stairs, my kitchen counter separated from the walls, the irrigation lines broke in the yard, etc That is when we contacted the Phil K Orr (the contractor) whom we have known for years. Phil K Orr was suddenly too busy to take our calls requesting that he come to see what damage his job site had inflicted on our home only replying to a series of text messages that he was too busy with clients.
On April 12th, 2019, we attended a Board of Directors meeting with the Colonos del Pedregal. In advance of the meeting, we sent the entire “BOD” photographs in advance of the meeting via email. The video below shows just a few of the many photographs emailed to them. For a better viewing experience, watch it full screen on YouTube.
During the meeting, we asked for assistance and guidance regarding the damage our home had suffered after failed attempts with the contractor Phil K Orr; the owner of Prestige Homes Los Cabos.
We had also expressed our concerns that in addition to the vibrational damage, with the amount of rock removed from Mr. Oancea’s lot, there could be additional shifting as the mountain settles, as well as concerns about what will happen when his home is completed. We also brought up that when Mr. Oancea fills his swimming pool, the weight of the water could potentially cause additional shifting as there would be another weight displacement because it has been boasted to be the largest pool in Cabo San Lucas. One of the “BOD” members named Zach shook his head in agreement and verbally acknowledged that this could get much worse.
One person in the room during the meeting named “Paco” suggested that we go public, which in hindsight, is advice that should have been followed. We should have listened then but we were in the mindset that this could be handled in a private and reasonable manner. So we left feeling, mind you, this is a huge development (420 homes, 16 condo regimes, etc.) where so many neighbors boast what a wonderful community Pedregal is, that we were on our own. A member of the Architecture committee suggested that my husband hire an inspector. The developers’ (Leticia Diaz Rivera of Coldwell Banker – Rivera) only concern was whether or not our pool was cracked. (It is).
In addition, there are several other homes that we are aware of that also have significant damage from this construction site, which is documented in official damage reports.
That same day, not more than an hour later, a section of our home collapsed. This occurred on April 12th, 2019, and photographs were included in the video shown above.
I also had my first and only public meltdown on the internet. Yes, I tagged Oancea and yes, he responded by blocking me.
In a future segment of this series, I will tell you how this affected our cats. #stresskills
We hired an engineer and a seismologist who put together a report and that is when we contacted our neighbor via email directly. He opted not to respond. You can imagine our frustration. Instead of working things out with us as neighbors, we were forced to hire the first of many attorneys.
Then we hired a second engineer. Both engineers had commented this is the worst case of gross negligence they had seen in 40’ish years.
Before we get into the next segment, yes, Oancea knew we were suffering vibrational damage to our home from the beginning. I can only surmise that he didn’t care; I’m not a mind reader. I am baffled why he would brush off our home being destroyed. He did not respond to our emails, and we were told by people who tried to mediate that he said “Prove it in court”.
“Now it is the builder’s job to know and obtain this permit, but it is important that, as the owner of the property, you know what is necessary to stay in compliance with the law when building in Mexico. If the permit is not obtained, the fines and penalties will be on you and not on the builder. These fines can be up to $20,000 USD and can include the definitive cancelation of the construction and even jail time.”
Please subscribe to this blog for future updates which will include when we filed both civil and criminal lawsuits, the legal process, and just how badly our home looks present day. I wonder if the “BOD” from the HOA meeting stays up at night with our concerns on how much worse the damage to our family’s home could get, and has.
“Now it is the builder’s job to know and obtain this permit, but it is important that, as the owner of the property, you know what is necessary to stay in compliance with the law when building in Mexico. If the permit is not obtained, the fines and penalties will be on you and not on the builder. These fines can be up to $20,000 USD and can include the definitive cancellation of the construction and even jail time.”
Please subscribe to this blog for future updates which will include when we filed both civil and criminal lawsuits, the legal process, and just how badly our home looks present day. I wonder if the “BOD” from the HOA meeting stays up at night with our concerns on how much worse the damage to our family’s home could get, and has.
@Claudiashein@ChrisAgundezg@VictorCastroCos@LosCabosTourism@pmlawbaja9615@CIA@DEAHQ @ClarkCountyCt @coldwellmexico@FBIDirectorKash
#VegasDave #VillaVegasDave #DavidOancea #CaboPlatinum #CaboSanLucas #LosCabos #Cabo #VegasDaveLawsuit #CaboPlatinumLawsuit #CaboPlatinum #PedregalCabo #CaboProblems #LuxuryVilla #LosCabosMexico #HomeDamage #NeighborDispute #ConstructionDamage #LegalBattle #HOAFAIL
Your body stores fat while eating its own muscle.
Dr. Vonda Wright warns that belly fat, brain fog, and weakness begin appearing together as you age.
But the most surprising part is what she says protects you from all three.
Here are 5 facts that will change how you age:
1. Walking is not cardio. It is brain medicine.
A Stanford neuroscientist warns high cortisol wrecks memory, enlarges your fear center, and make your brain feel broken.
If I wanted to fix it naturally, I'd do these 8 things every day:
1. Walk barefoot on grass for 5–7 minutes.
@bhammond1227@drinkonsaturday@grok Mar de Fondo … I know this poster has written about it in detail(this post isn’t it in detail) but it’s basically a seasonal thing https://t.co/1A6nKbZiAr
A Stanford neuroscientist warns high cortisol wrecks memory, enlarges your fear center, and make your brain feel broken.
If I wanted to fix it naturally, I'd do these 8 things every day:
1. Walk barefoot on grass for 5–7 minutes.
Famous Woolworth Ice-Box Cheesecake recipe 😋
No oven. No baking. This is the cheesecake that used to be served at Woolworth lunch counters and people have been making it at home ever since.
FAMOUS WOOLWORTH ICE-BOX CHEESECAKE 🍋
- Lemon Jell-O (3 oz)
- Boiling water (1 cup)
- Cream cheese (8 oz)
- Sugar (1 cup)
- Lemon juice (4 Tbsp)
- Evaporated milk (12 oz)
- Graham crackers (1½ cups)
- Butter, melted (⅓ cup)
Dissolve Jell-O in boiling water. Let cool to room temperature. Beat cream cheese, sugar and lemon juice until smooth. Whip the well-chilled evaporated milk in a separate bowl until fluffy. Fold cream cheese mixture into whipped milk, then fold in cooled Jell-O. Press graham cracker crust into a 9x13 dish. Pour filling over crust. Refrigerate at least 4 hours or overnight.
Light, creamy, lemon all the way through. Slices clean right out of the dish.
My friend just texted me this. Sounds delicious
Driscoll’s strawberries were just tested by an EPA-certified lab for 500+ pesticides.
They found residues of 12 different pesticides at levels prohibited in the EU, Taiwan, Chile, Korea, and Russia.
8 of those are classified as PFAs — forever chemicals that never break down in your body.
They were previously recalled for exceeding maximum pesticide residual limits for etoxazole, a chemical linked to liver damage, bone density loss, and endocrine disruption.
WHAT IS SAFE TO EAT ANYMORE?
I honestly feel like I can’t trust anything anymore, if you can grow your own food — do it!
A woman in England who had recently given birth put her baby to sleep after breastfeeding and went to the kitchen to prepare some food. After a while, she realized she couldn’t find one of the cats anywhere and started searching all around the house.
Just when she was about to give up, the other cat kept meowing as if it was saying, “Come, I found where he is,” and led the mother to the bedroom. When the woman entered the room, she couldn’t believe what she was seeing 😳
Her cat was sleeping beside the baby with its paws wrapped around them… And even though the woman tried to wake the cat up, it simply refused to move. It was like the cat had found peace next to the tiny baby 😂
Truly one of those moments that completely melts your heart🫠❤️
☁️ CLOUD BREAD 🍞 Only 2 Ingredients! (High Protein, Low Carb)
Just tried this viral fluff and it’s insane. Light as a cloud, tastes like actual bread, zero guilt. Perfect for keto, high-protein diets, or just when you’re craving something fresh out the oven.
Recipe (makes 1 loaf):
• 3 eggs (yolks + whites separated)
• 150g Greek yogurt (or lactose-free)
• Pinch of salt (optional)
How to make it:
1. Whip egg whites to stiff peaks (electric mixer works best).
2. Mix yolks + Greek yogurt until smooth.
3. Gently fold whites into yolk mix (don’t overmix – keep it airy!).
4. Pour into parchment-lined loaf tin.
5. Bake at 170°C / 340°F for 25-30 min until golden.
6. Cool slightly, slice & enjoy.
Macros (whole loaf approx): ~300 kcal | 33g protein | ~5-7g carbs | ~15g fat.
This thing pulls apart like fresh sourdough but it’s basically pure protein. Game changer for breakfast, sandwiches, or snacking.
If you ever have made this feel free to reply.