Self-described "homeowner advocate" has theft convictions and restraining orders

Moxi Posner

Self-described "advocate for homeowners and realtors" Moxi Posner has been vocal in the community pointing out the boards of directors' shortcomings, but never mentioned a few of her own.

Moxi Posner describes herself as an "advocate for homeowners and realtors for 26 years"

But there is a list of things that Lois Posner (who often goes by Moxi Posner) hasn't told us during her years-long letter writing campaigns and issues. Most recently, Moxi Posner did not like the descriptions of her car accidents appearing on this web site.

Moxi Posner's lawyer would rather we talk about things a "court with proper jurisdiction" has found

Moxi Posner wanted the information about the car accidents removed from this web site because she said these statements are "slanderous." Lois Posner's attorney Alexander Lubarsky wrote:

FROM: Alex Lubarsky ‹›
Aug 2, 2012 at 8:30 AM

I do not need to define legal terms for you. You may do that research yourself or retain your own counsel - which would probably be a good idea.

Ms. Posner is entitled to the presumption of innocense [sic] and unless or until a competent court with proper jurisdiction makes a finding of culpability towards Ms. Posner, then yes I am denying that she was a causal factor in the alleged accidents.

Remove the offending posts by week's end.

Alexander H. Lubarsky, LL.M., Esq.

So, as Alexander H. Lubarsky LL.M., Esq. suggests, let's do just that: let's look some other stuff, including what a "competent court with proper jurisdiction" has found.

1984: She sued her previous HOA

In 1984, Moxi Posner and her husband, Irwin Posner, filed a lawsuit with their then-homeowners association, The Belmont Homeowners Association, over a number of items. The initial dispute included the association's charging a "move in-move out" fee to homeowners as they moved in or out of the condo building, which the Posners disputed. The original lawsuit was filed by Posners in small claims court, but the association brought it into Superior Court to get declatory relief.

The Association's attorney, John Garvic, characterized the Posners as follows in an except from one court filing:

Mr. and Mrs Posner, who have a history of fermenting discontent within the Association.

It appears this court case was settled with the Posners receiving $3,000 from their HOA in settlement.

Read this court filing.

(Source: San Mateo County records.)

1992: She was convicted of theft

On July 15, 1992, Lois Posner (aka Moxi Posner) was arrested for shoplifting at Ross Stores in San Mateo. Posner pleaded "nolo contendere" (aka "guilty") to the charge, an infraction, on August 26, 1992.

Posner completed 90 days of probation, and on January 11, 1993, she filed in the San Mateo Municipal Court to have her plea and the conviction dismissed; however the record remains (California Penal Code 1203.4).

A competent court with proper jurisdiction made this finding. See the records.

(Source: San Mateo County records.)

1993: She was convicted of theft again

On August 3, 1993, Lois F. Posner is convicted of theft in San Mateo County Superior Court, South San Francisco branch. California Penal Code 484 on charges of stealing from Montgomery Ward on June 12, 1993, five months after her expungement for the previous theft.

A competent court with proper jurisdiction made this finding. See the records.

(Source: San Mateo County records.)

1995: She was convicted of theft, yet again

Moxi Posner was convicted of California Penal Code 666, theft, for stealing from Lucky in Foster City in a court hearing at the Redwood City courthouse on July 25, 1995.

A competent court with proper jurisdiction made this finding. See the records.

(Source: San Mateo County records.)

1996: She alleged that HOA staff killed animals

Well, this one's not from a court, but it is from Moxi Posner herself.

In 1996, there was a months-long debacle whether the Edgewater Isle maintenance staff were killing ducks in the duck pond. A few articles appeared in local newspapers. Moxi Posner distributed letters to numerous people accusing the maintenance staff of killing the ducks.

Moxi Posner accuses Edgewater Isle maintenance staff of killing animals in the pond

Read the entire letter and its attachment.

(Source: Moxi Posner.)

1997: Her neighbor writes a letter

On January 16, 2017, Posner's neighbor sent a letter to the associations' management company describing the Posners as “disgusting, abusive, and intruding.....”

1997: She sued the maintenance employee

After distributing these letters about the maintenance employee, on December 2, 1997, Moxi Posner and her husband sued him in small claims court.

The Posners lost this case.

Moxi Posner sued the maintenance staff in small claims court

(Source: San Mateo County records.)

1999: She was convicted of theft for the 4th time

On June 9, 1999, Lois F. Posner is convicted of Penal Code 666, theft, in San Mateo County Superior Court, for stealing from Longs in Foster City on March 4, 1999.

A competent court with proper jurisdiction made this finding. See the court records.

(Source: San Mateo County records.)

2004: She was in the news

From a newspaper:

On September 13, 2004, the San Mateo Daily Journal published an article about a mosquito problem in San Mateo. Moxi Posner is featured in it, and says she is "concerned about West Nile virus for my health."

2006: She has restraining order issued against her

Lois F. Posner was hit with a restraining order against her after her next-door neighbor had filed a complaint. The victim's statement reads in part, "Moxie Posner entered into my home through the patio door uninvited."

A competent court with proper jurisdiction made this finding. See more about the restraining orders.

(Source: San Mateo County records.)

2007: She was convicted of theft, for the 5th time

Lois F. Posner was charged with 4 counts of theft on March 14, 2007 in San Mateo County Superior Court for stealing clothes from Mervyn's in Redwood City, California. She was convicted on May 16, 2007 and placed on two years' probation.

A competent court with proper jurisdiction made this finding. Read the court records.

(Source: San Mateo County records.)

2007: She was featured in the news, again

In November 2007, Moxi Posner participated in this article when Posner was on a campaign to owners scrutinizing the rising dues in the Edgewater Isle South association. Posner appeared in this San Mateo Daily News article while on probation for the above-described theft conviction.

Comments to the article are archived.

2010: She crashed into her building

On May 25, 2010, Lois F. ("Moxi") Posner said that she accidentally crashed her car into her building in Edgewater Isle South when she confused the gas for the brake.
(Source: Moxi Posner, via phone call, May 26, 2010, 9:17 a.m.)

She said that she did not and would not report the accident to the homeowners association because she "had already paid them enough."
(Source: Moxi Posner, via phone call, May 26, 2010, 12:15 p.m.)

Posner kept the car parked the car in the garage until it could be repaired.

June 1, 2010 3:08 p.m.


June 3, 2010 6:46 p.m.

car accident into building

This story was originally published November 2011.

2011: She has another restraining order issued against her

On November 22, 2011, Lois F. "Moxi" Posner had a second restraining order issued against her. Moxi did not attend the hearing to defend herself and wrote this:

Letter from Moxi Posner to Court:  I have  nutcracker syndrome and cannot make it to the restraining order hearing

The restraining order was issued this time for 3 years-- the maximum a restraining order can be given.

A competent court with proper jurisdiction made this finding. Read more about the restraining orders.

2011: Moxi yells at people in public

A little more than a month later, on December 30, 2011, Lois Posner's "serious rare vascular condition ... causing serious and ongoing excruciating pain and serious fatigue" had evidently subsided enough that she was able to go to Gray's Paint in San Mateo:

December 30, 2011

2012: She asked court to reconsider the 2011 restraining order

Moxi Posner's Request is Denied

On May 4, 2012, Moxi Posner wrote an ex-parte, 11-page handwritten letter to the Court and asked for reconsideration of the 3-year restraining order. In her letter, she writes:

"With respect, I explained to the court I could not attend court due to a rare vascular condition called Nutcracker Syndrome in conjunction with suffering from Epstein Barr. Between the pain and alarming fatigue I was mostly horizontal. I could not brush my teeth, have a shower or on some days go down to the kitchen. I always had large bottles of juice in the bedroom. I literally crawled to the bathroom. How could I crash a garage without energy?"

letter to court for reconsideration on restraining order
(Source: San Mateo County Superior Court)

Crashing into garages was not part of the restraining order hearing, so curious minds want to know, "why is it mentioned here?"

Tried to suck up to a judge

Also on May 4, 2012, Moxi Posner wrote to a second San Mateo County Superior Court judge that the decision to issue the restraining order against her was an “unjust, unreasonable decision” and that demanded that she “walk on dynamite.”

Moxi Posner again wrote to the San Mateo County Superior Judge on May 16, 2012 that:

"...resonable (sic) doubt. The anti-semetic hate crime dwells in the innermost recesses of my heart. Night mares (sic) have come back, cold sweats have come back, hand shaking has come back."

hands shaking
(Source: San Mateo County Superior Court)

2012: A second accident

Two months after having written about her "pain and alarming fatigue,"1 her "nightmares, cold sweats, and shaking hands,"1 not to mention her being "horizontal"1and that she had to "crawl(ed) to the bathroom,"1Moxi Posner told another homeowner that she, Posner, had an accident where Posner "bumped into a 1 percenter,"2 i.e., someone driving a BMW SUV.

1 Source: San Mateo County court records.
2 Source: an unidentified source.

bmw bumper

Moxi Posner's current attorney, Alex Lubarsky, said that Posner's insurance company could not determine fault.

2012: Our first “cease-and-desist” letter

Moxi Posner went and got an immigration lawyer who wants to call the postings on this website that discuss Moxi Posner's accidents "libelous." This lawyer is not denying any of our statements. Further, he failed to identify exactly WHAT content is libelous. Well, we're not removing it and we're not apologizing. Everything written is true.

UPDATE: Since this story was originally written, there has been a failed libel lawsuit in the form of a restraining order case involving this disputed content. Since this content is still up on this site as of , you know it's true. It's not "libelous," despite attorney letters to the contrary.

Alexander Lubarsky sends a "cease and desist" letter on behalf of Moxi Posner

2012: Moxi files for a restraining order

On November 19, 2012, Lois Posner filed in Superior Court for a restraining order against an author of this website.

The judge did NOT grant a temporary restraining order:


Moxi Posner: Lost in Court

DENIEDLois Posner, a.k.a "Moxi" Posner, has gone to great lengths attempting to remove stories about her on this very website: employing all manners (threat of litigation, nasty attorney letters, etc.) except for the manner (most of) our mothers taught us long ago: you get more with sugar than with vinegar.

First, in July, Posner had attorney Alexander Lubarsky send a letter characterizing the stories of her car accidents "libelous" while failing to ever identify what exactly what was libelous. Her attorney merely said "everything" was libelous (which was never exactly persuasive).

When that didn't work, four months later Posner filed a Civil Harassment Restraining Order on November 19, 2012. But her request for a temporary restraining order was denied, which was the first sign that things weren't going her way.

Then today, Posner was defeated at the court hearing when the judge said that Posner (via Alexander Lubarsky) had failed to meet her burden of presenting clear and convincing evidence of harassment.

Perhaps if Alexander Lubarsky and Lois Posner don't want so many posts to be written about Ms. Posner, they stop requesting changes to published stories and then complaining that those changes generate yet another story on Ms. Posner.

Writing stuff on a website is not assault and battery, it is not stalking, it is not threatening, and it not harassing. It is a First Amendment issue, and the judge clearly saw that.

Order Denying Request for Civil Harassment Restraining Order

Judge orders Moxi Posner to pay attorney fees

Lois Posner, also known as Moxi Posner, filed a restraining order against a writer for this website and lost. The writer filed a motion for attorney's fees, which were granted after a hearing on March 11, 2013. The court ordered Posner to pay $1,500 plus costs.

Posner claimed that writings on this website are harassment. But they are not: Posner specifically sought the great information on this website as opposed to it being sent to her. (There is a difference between seeking information and being the recipient of unwanted correspondence: read the law.) The judge in the case applied 1st Amendment principles to the claims made by Posner. Specifically, here is what the judge said:

"...the court is mindful of the strong public policy in California that discourages unfounded lawsuits which pose a substantial risk of chilling the reasonable exercise of th Freedom of Speech." and orders Moxi Posner to pay attorneys fees