In the Matter of a Mail Dispute Between

RAYMOND JONES

and

JIMMY VALENTINE

P.S. Docket No. MD 03-83

APPEARANCE FOR DISPUTANT RAYMOND JONES:
Raymond Jones
202 E 150th Street
Compton, CA  90220-1331

APPEARANCE FOR DISPUTANT JIMMY VALENTINE:
Jimmy Valentine
PO Box 91261
Los Angeles, CA  90009-1261

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution.  The mail in dispute is that addressed to Westland Financial Group, 4431 Rosecrans Avenue, Suite 600, Hawthorne, CA 90250-1502.  The Hawthorne Postmaster is currently holding the mail.

            Both parties filed sworn statements in accordance with 39 C.F.R. §965.5, along with supporting documents, and both parties filed replies in accordance with 39 C.F.R. §965.6.  The following findings of fact are based on the material submitted by both parties and the material forwarded by the United States Postal Service Law Department, Pacific Area Office.

FINDINGS OF FACT

            1.  In November 2001, Youless (Jimmy) Valentine formed a business called Westland Financial Group, with an office at 4431 Rosecrans Avenue, Suite 600, Hawthorne, California.^[1]  A Business License issued by the City of Lawndale lists Mr. Valentine as the owner.  A lease agreement for the above address was signed by Mr. Valentine as “Lessee” on November 5, 2001.  (Valentine statement and documents attached as Tab A).

            2.  Raymond Jones is a licensed California Real Estate Broker.  Mr. Valentine and Mr. Jones signed a “Broker Agreement” on November 3, 2002, although the agreement states that it was entered into by the parties on January 5, 2002.  The agreement was between Mr. Jones and Westland Financial Group.  Mr. Jones signed as “Broker,” and Mr. Valentine signed as President of Westland Financial Group.  (Valentine Statement, Tab B).

            3.  The Broker Agreement stated that Mr. Jones would act “as a Loan & Real Estate Broker on behalf of Westland Financial Group.”  The agreement stated that Mr. Jones would be entitled to “twenty percent of net profit after expenses.”  The agreement also gave each party the right to terminate the contract and stated that if the contract was terminated, Mr. Jones would be entitled to twenty percent profit on all active loans opened before the termination.  (Valentine Statement, Tab B).

            4.  On December 9, 2002, Mr. Valentine wrote to Mr. Jones, stating that he (Valentine), based on a conversation between the two a few days earlier, was terminating their agreement.  (Valentine Statement, Tab D; Jones Statement, Ex. 9).

            5.  Also on December 9, 2002, Mr. Jones wrote to Mr. Valentine, informing him that he (Jones) had sole authority to handle business activity for Westland Financial Group and ordering Valentine to cease conducting any real estate activity on behalf of Westland Financial Group.  (Jones Statement, Ex. 8).

            6.  On January 4, 2003, Mr. Jones wrote to the Hawthorne Postmaster, stating that he had fired Mr. Valentine and that Mr. Valentine was no longer authorized to receive mail addressed to Westland Financial Group.  He gave the postmaster a new address for Westland Financial Group, thus precipitating this mail dispute.  (Letter attached to Law Department forwarding letter; also attached to Jones Statement as Ex. 13).

            7.  On January 29, 2003, the Law Department, Pacific Area Office advised the postmaster that the disputed mail should be delivered to Mr. Valentine.  By letter dated February 13, 2003, Mr. Jones requested a formal adjudication pursuant to 39 C.F.R. Part 965 and the case was forwarded to the Judicial Officer for decision.

DECISION

            As often happens in cases such as this, each party has accused the other of fraud and other illegal activities that make up the underlying disputes between the parties.  We do not have sufficient information to make judgments on such accusations, and it is not our function to do so.  Our function is to determine how the mail should be delivered, in accordance with Postal Service rules.

            Postal Service regulations governing delivery of mail to an organization when the mail is claimed by more than one person provide as follows:

“All mail addressed to a governmental or nongovernmental organization (including but not limited to corporations, firms, sole proprietorships, partnerships, joint ventures, and associations) . . . at the address of the organization is delivered to the organization. . . .  If disagreement arises about where any such mail should be delivered, it must be delivered according to the order of the organization’s president or equivalent official.”  (POM 9, July 2002, Revised through October 31, 2002, Section 614.1).^[2]

            Mr. Valentine argues that he is the owner and president of Westland Financial Group and as such is entitled to receive mail addressed to Westland Financial Group.  Mr. Jones argues that California law requires that all the activities of Westland Financial Group be conducted by a person with a California real estate broker’s license.  Because he, not Mr. Valentine, has this license, Mr. Jones contends that only he is entitled to mail addressed to Westland Financial Group.

            Even if Mr. Jones is correct as to the requirements of California real estate law, this does establish his entitlement to mail addressed to Westland Financial Group.  The available evidence shows that Mr. Valentine owns the business and that Mr. Jones was formerly either an employee or an agent of the business.  Mr. Jones does not dispute Mr. Valentine’s claim of ownership and has demonstrated no ownership interest himself in Westland Financial Group.  Therefore, while California law may limit what Mr. Valentine is personally authorized to do in operating the business, he is entitled, as the “president or equivalent official,” to delivery of the disputed mail.

            This decision deals only with delivery of the mail.  It does not attempt to decide underlying financial disputes or any other dispute between the parties.  If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order.  POM §616.3.  If Mr. Valentine receives mail that is intended for Mr. Jones personally it is his responsibility to forward that mail.

            The Judicial Officer should issue an Order to the Hawthorne Postmaster directing that the disputed mail, i.e., mail addressed to Westland Financial Group, 4431 Rosecrans Avenue, Suite 600, Hawthorne, CA 90250-1502, be delivered as addressed.

Bruce R. Houston
Chief Administrative Law Judge

[1]  On some documents this address is listed as Lawndale, California, but it is the same location and this difference is of no consequence in this dispute.

[2]  Similar language appears at Domestic Mail Manual (DMM), Issue 57, Revised through April 3, 2003, Section D042.4.1.