Don't sell my stuff!

I spent the morning at the Public Library in Santa Ana drafting a new Complaint. In my current situation, there is always a crisis around the corner. Paraphrasing David Bach, the author of  “The Automatic Millionaire”, he said that if we were just to sit down and think about it, 90% of our problems can be solved by money. I don’t know how many people will disagree with that.

I had most of my personal belongings stored at a Public Storage facility in Mission Viejo, CA. In my predicament, it was only going to be a matter of time before I would fail paying the rent. As luck will have it, I have gotten behind on my rent. As a result, they’ve effectively locked me out and placed a lien on my property. They have also already published the date for the lien sale, which is now slated for the 10^th of June. It hits me very hard because there are many things in there that are simply irreplaceable – old pictures of my kids, marathon medals, collectibles and some personal items that have sentimental value.

There is the twin to the saying that money can solve a lot of problems. What does one do if one does not have money? He will file a lawsuit to assert his rights. My research led me to a couple of legal doctrines that may very well save my belongings from being sold to strangers. I was able to raise a partial amount but was glad I didn’t pay as I discovered case laws that showed it would not have prevented a lien sale.

There are three kinds of laws - Statutes or Codes, Regulations and Case Laws. Case laws are the interpretations that were derived from a real live case and from that came a judicial decision. This differs from other laws in that a Case Law is one that is made by a judge. By contrast, a Statute or Code is one that is made by legislators like the Congress of the United States. A Regulation, on the other hand, is one that is made by regulators such as the Commissioner of the Department of Real Estate.

This is an example of a case law:

"Under California law, self-storage facility’s lien on contents of lessee’s storage locker was valid, even though lessee made partial payment on overdue rent; pursuant to rental agreement and Self- Storage Facility Act, facility had right to assert lien when rent was more than 14 days overdue, lessee failed to pay total with 14 days after preliminary lien notice was mailed, and lessee must pay total sum due to avoid enforcement of lien. US v. Poulsen, C.A.9 (Cal) 1994, 41 F.3d 1330"

I’ve prepared a rough draft of my Complaint and on a rush basis should be able to file it by Monday. I won’t speak about it on this particular entry because it is not yet filed. But once accepted by the clerk, it becomes public records. As long as I do not prejudice their defense, my First Amendment Rights will protect me. 

The First Amendment reads like so:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

The name of the case will be Lacambra vs. Public Storage.

Stay tuned!

Defective Service ...

Lacambra vs First Team Realty et al

I've been preparing for a Deposition scheduled for tomorrow morning in Los Angeles. A Deposition is a formal proceeding that lawyers use to get a sworn statement from a witness. It is part of the "Discovery Process" and is usually held at a law office and comes in the form of a question and answer session. It is attended by a court reporter who records all that is discussed unless directed otherwise. Court Rules limit a Deposition to 7 hours per day without lunch or breaks. In a way it's almost like being interrogated. This takes away any surprises during trial. But attorneys also use this to impeach a witness by comparing what was said at the Deposition with what a witness is testifying on the stand during trial. If they contradict each other, the opposing counsel can point to the inconsistency and even call the witness a liar. 

At the last moment, I discovered that the mailing address that they used for the notice is incorrect. Although, it eventually arrived at my PO Box, the time to respond and prepare was shortened considerably because the mail had to take a circuitous route. In the parlance of the law that is called "Defective Service".

I have been looking for a way to avoid this for the time being. I haven't finished my discoveries just yet and have much of the facts to verify for accuracy. Plus, you'll never know how prepared you are until you start being questioned. But more importantly, I have no way of getting there - no gas and no bus fare - at least not enough to get me there. That's about a 60 mile trip, one way. So I should expect to receive an "Order to Show Cause" for not showing up in the next few days. If it were a different attorney, I would give them a benefit of a courtesy call, that is if I had enough minutes on pre-paid phone to spare. But I have been the recipient of all sorts of lawyerly tricks from this law firm that I now have cause to seek sanctions myself. I'll let them figure it out themselves.

Deadline Met!

Lacambra vs. Glass et al

Gen. Dwight D. Eisenhower once said, “Morale is the single most important factor in war”.

Litigation is the civilized word for war. The object is to bring the opposition to complete submission. The most formidable part of my arsenal is in the conviction that I am right – absolutely and unequivocally right. I have filed this lawsuit without a financial war chest to speak of and yet even with odds that are seemingly insurmountable, there is this compelling and inexplicable force that drives me forward.

I was able to file my “First Amended Complaint” for Lacambra vs. Glass et al - all 72 pages of it. There has been a shortage of resources available to me and by the time the printing and copying was finished, I was completely out of paper. One more page and my pleading would have been incomplete. I had to haul in my printer into a hotspot beside the AV Library to get the pleading all prepared. What a relief it was to get that finally out. There is an element to all this that just draws on me emotionally because it involves family.

Two more defendants were added to the Complaint including my brother’s attorney who I allege to have committed “Fraud”. So by now, I have a CPA, an attorney, two of my brothers, his wife and his wife’s sister as defendants. The complaint pleaded three causes of action – Fraud, Intentional Infliction of Emotional Harm and Interference of a Contract. Any way I look at this, the game just got interesting.

Here’s the preliminary statement as it appeared on my Complaint:

PRELIMINARY STATEMENT

 An old saying goes that, “In a lawsuit, the Defendant and Plaintiff are both, by their own choosing, each pulling on the tail and the horn of a cow in the opposite direction while the lawyers are underneath milking the cow”. In the hands of an unscrupulous Certified Public Accountant, you are likely to have all of the above plus the potential ruinous occasion of having the IRS, Franchise Tax Board, your mortgage company, a slew of creditors, your mother and brothers after you as well.

Mo Tales - The Bus Stop

We are all, by measure of degrees, recovering from something. Yet there are those whose unfortunate set of circumstances requires them to recover from their experiences. This is about a mother's lifelong struggle to recover from her experiences with her son …

I met Mo while in elementary school after having moved the umpteenth time from one school to another. I counted at least 7 different schools in 5 years. Mo, was a sickly person with a massively protruding stomach that incessantly created havoc on his back even when he was sitting still. It wasn’t until a couple of years later that I discovered his real name was not Mo but Tommy Belichine. 

The student population at our school, in a cruel adolescent ritual, baptized him Mo. One day at class the professor had queried about who had painted the Mona Lisa. With great timing and flair of Shakespearian iambic pentameter, Mo answered “Leonardo Mo Vinci” eliciting raucous laughter from class. That pet name stuck with him all his life and was later adopted by his own mother to point out the undeniable backfire of life that is her own son. Mo is the abbreviation of the word moment in British colloquialism. Every time she sees him, she is reminded of that moment in time when he came out of her womb and brought hell to her life.

I met her one gloom and rainy day while I was waiting at a bus stop. She was needling what appeared to be an over-sized sweater for what I assumed to be a little kid – portly though it appeared to me. Meticulous and patient, she created a beautiful pattern of greens and blues that looked like the colors of the ocean. “I like dressing him up in such calming colors because whenever I see him my nerves get jangled, like someone put my innards in a blender”. “The colors of nature help a little bit” “Who is it that you are referring to”, I queried. “It’s my son, my one and only son. If you end up with a son like this, you’d better expect your life to get cut short”. Just as she said that, a group of about half a dozen kids walked past us and recognized her. “Look!, one of the kids yelled to the others. “Isn’t that the kid’s Mom?” Yeah, another one yelled. “Hey old lady, where did you get your kid?” “Listen, do yourself a favor, wherever you found him, put him the hell back!” Hey, I shot back. Take it easy on the lady. What did the kid do? “We were in the middle of a soccer game and all of a sudden he just took the ball and left – only because nobody wanted to pass the ball to him any more. Every time someone tries to pass the ball to him, things get messed up. He’s too slow and can’t catch up to the ball. So the ball ends up with the other team. He messes up the entire game for everyone!

(TO BE CONTINUED)

Food Stamp Recipient ...

I have always wondered what it might be like being a recipient of Food Stamps. This morning I finally decided to go to Social Services so I can receive food stamps. My immediate concern was being seen by anyone I know. I wasn’t even going to mention it on my blog until I arrived at Window #1.

They open at 7AM and I made sure I was first in line so I can get in and out without being seen by anyone who could recognize me. Somehow the stigma of being a social dependant was strong enough that I thought it was necessary to take such reputation saving precautions. The visit had the distinct sensation of an unconditional surrender. It wasn’t even a consolation to hear that unusually large numbers are now coming through those doors. Whole families are now seeking help whereas before November of last year, it wasn’t the case. 

I didn’t know what to expect and so I walked to Window # 1 and to my absolute surprise and horror I found the sister of my brother’s wife, Patti, behind the glass. I felt my face turn a very deep shade of scarlet red. It was as if I had walked into a pole in broad daylight. The humiliation was so utterly complete.

After the usual pleasantries I sat down to wait for my name to be called. It took about 2 hours before I got the call despite being the first in line. I assumed that an extensive background check was done to make sure I wasn’t trying to defraud the State. Ms. Roxas was a very pleasant lady who had a stern but kind disposition. She gave the impression that she will do anything for her case subject within the confines of the system rules. After the interview, she matter-of-factly told me that my benefits will be $162 per month for 3 months. This month’s prorated amount, which was meant to take me to the end of the month will be $62.00.

“That is incredibly sad”, I told myself. “I can’t even start to think what I can buy with that”. In my hay-day, I could spend that much on a good Sushi Dinner. Then, again that is probably the reason why I’m in such a predicament to begin with. It hit me like a brick – my life is different now.

So the question is why shouldn’t I work instead? Even with a minimum wage, the amount will more than cover my needs. The answer is, I do not have the energy left for work. That’s saying a lot because before this, I could run 8 miles without even needing water to drink. Before this, I can do a half-marathon with only two day’s notice. This month, I am answering two demurrers, two sets of forms interrogatories, I am to be deposed in Los Angeles and have a series of court hearings. I hardly sleep anymore. But the most distressing thing that I have recently experienced were the hunger pangs at night that kept me awake. So, for the time being, I will have to make do with a food budget of $5.40 a day.

I really have to win those cases! It’s simply a must.

Meet and Confer ...

Lacambra vs Shea Properties et al

Thurs May 18, 2008 - Meet and Confer Phone Conference

(Corner of Aliso Creek and Pacific Park, Aliso Viejo)

It hadn’t been more than 10 minutes before the public phone at the Shell Gas Station rang. I was sitting in my car under the glaring heat contemplating what to say during the conference call. I had directed Craig, Robert Cardwell’s assistant to reach me at that number. There was no mention from my part that the number was actually a pay phone. More importantly, there was no way of telling how long the call was going to be and I was conserving my Virgin Phone pre-paid minutes. The phone minutes had recently been topped-off but had been a scarce and valuable commodity. I picked up the public phone and it was silent – no voices, not even a tone. I waited to see if I could get a call back. It wasn’t even 20 seconds before I got a call on my cell phone – "darnit!" I said to myself. I was told by Craig that the number was connecting to a fax number, which required that I conduct the conference on my pre-paid phone.

On the phone were Robert Cardwell, counsel for Shea Properties and Gregory Beam, counsel for Gary J. Gough, Esq. the attorney for Shea Properties who was involved in the “neighborhood nuisance/stalker” incident. As a general rule, attorneys are immune from being prosecuted for the administration of their duties as an advocate. But I found case laws that actually allows a Plaintiff to file action against an attorney. In Pacivic vs. Santuci (2000) the court ruled that “Attorneys owe an independent duty not to defraud a non-client”. That was enough for me to add him as a Defendant.

The conference was quick and simple. During the conversation Mr. Cardwell reiterated his position that he was there to vigorously defend his client. Furthermore, he felt, as did Mr. Beam, that the suit had no merit. As a courtesy he offered to have his clients pay for the legal expense thus far if I would dismiss it with prejudice. “You are too kind, counselor”, I interjected. “But the answer is no.” No points were made that was of any significance but the call met our obligation to the court.

The "Meet and Confer" is required by court rules before a CMC or Case Management Meeting. The object is to have opposing parties communicate frequently so as to have the opportunity to confer, discuss and/or settle the dispute before the commencement of the trial.

Our next CMC is on the 6^th of June – incidentally the anniversary of D-Day – the Allied Landings on Normandy in 1944.

Why the Funny Blog Series?

Humor has the amazing power to pick us up.

If it were left to me, I would live my life on the ragged edge. In the past, I have often sought experiences that should only be done once. Since the beginning of this adventure, of becoming a litigator without a law degree, I thought it necessary for my well-being to be surrounded with a lot of humor. The serial aspect of the characters, which appears every 7th, 14th and the 23rd of every month puts forth a work structure that requires that I devote time and effort to producing something humorous. This is my way of making sure that the mind takes regular respites from the demands of litigation and the constant search for resources when one lives at a subsistent level.

The characters that I’ve developed are aspirational as well as symbolic of relationships that I have in my life that have been in one way or another affected by my current situation. Yestradamus – the anti-Nostradamus – is suggestive of the things that I want to happen in my life. They say that the best way to make things happen is to make a prediction and work hard to make it a reality.

As they begin to come to life in my mind, Rich & Nina are proving to be the most interesting characters of the group. The life-changing event of being a victim of mistaken identity and being labeled a stalker is, for me, extreme as extreme gets. That simply never happens to people. I have filed suit against Shea Properties, the builder of the San Francisco Golden Bridge, just to clear my name. In the first place, I still don’t know who it was that has accused me of stalking her and what the circumstances were. The story of Rich & Nina is one of passionate unrequited love. In the real world, our man Rich can easily be called a stalker because his nature encapsulates the male species’ susceptibility to ungovernable and very deep feelings – particularly towards a woman. I want to try to explore that part of a man’s experience and see if I can have fun with it.

The “Mo Tales” is a story about a mother who has serious issues with his son. One of the lawsuits I filed was against two of my brothers and involves property rights and breach of a covenant. Fortunately, my mother, although she sides with my other brother, still demonstrates in no uncertain terms that she loves me. If she were less of a woman, things could have been very different. The “Mo Tales Series” is illustrative of what it could have been like between my Mother and I had she withdrawn her affection from me.

One of the goals of this adventure – the series of lawsuits – is to start my life over with a clean slate. I’m determined not to stop until I’ve attained that goal. I told myself that if I were to pursue this, my life would be turned upside down. And, indeed, it has. The only way that I can get through this portion of my life is to inject humor, however inappropriate, to ensure I come out in one wholesome piece.

I invite you to come along with me on this adventure.

Rich & Nina (14th May 2008)

It was a place to be seen and not be seen. There were three kinds of people who lived in our tiny city by the ocean. There’s the Old Money, the New Money and the No Money. Rich fell under the latter. I met him under the most interesting circumstances. Ever the rebel who rejects the pretensions of the people in his community, he was quick to let people know his class affiliation. One foggy morning I saw an interesting image of a man walking down the street. He was wearing a plain white t-shirt and a pair of faded blue jeans with sneakers – something I’ve seen a million times. The only difference about his attire was in the way that he wore his pockets. Instead of having it inside, he had it pulled outside like a couple of dog-ears. From a mile a way you can instantly tell that he had no money and therefore belonged to the lowliest group of citizens in the city.

As he walked by, I heard him reciting something like a mantra and so I asked him if he belonged to the Hare Krishnas. "What gave me away, the pocket hanging off my hips?" I just shot a smile back. I said “No, but it sounded like you were reciting a chant”. “Oh, no”, he replied. "That was the line I was going to use when I ask the most beautiful woman in the world to marry me”.

"Did you want to hear it? Should I practice on you, then?" "Ok", he said here goes. “Ok baby, I know I’m only regular unleaded but you are super high octane racing fuel. If you mix those two together, there is no way of knowing how fast and how far we can go."

"Aaaahhhh don’t know man", I said. "I think that needs a little bit of work because it reminds me of shop towels and grease. It's a little rough on the edges."

"OK how about this one?", he shot back. “Baby you know I love you and the story goes that Tarzan ended up with Jane, but the way things are going right now, it looks like I might end up with the chimpanzee”. Baby, you know that ain’t right."

"Alright, that was good but too jungle-lee, I said. But why can't you just tell her how you feel without the embellishments? It’s because whenever I see her, I can’t seem to get a chance alone. She’s that busy a person. But I have to be ready so when the moment presents itself, I’ll be ready. I’m frustrated because along with my other life challenges she is the one person I think about the most."

"But I've got to go", he said. "Nice meeting you."

(TO BE CONTINUED)

The fight goes on!

Lacambra vs. Glass et al

8:45am - Dept. C-6 - Superior Court - Santa Ana, CA

I got a call late yesterday morning from Susan Angell, the attorney for two of my brothers and his wife. They are defendants in one of the cases that I filed entitled Lacambra vs. Glass that involves a partnership dispute. She informed me that she was filing “Ex Parte” papers and that the hearing was going to be the next morning. She was trying to get the judge to throw out the case because I had not responded to a Demurrer.  

A Demurrer is a reply to Complaint that seeks, in effect, a dismissal before even answering a Complaint. It says that even if the facts stated were true, it has no basis in law or that it lacks evidence to prove a case. Under this premise, it is not enough to say that someone had injured you. Facts or evidence that show this must be included in the Complaint.

An Ex Parte (correctly pronounced ex par-tay) motion is generally done by one party in a lawsuit with very short notice. Most court motions require written notice to an opposing party in advance of a hearing. As a general rule, the other party is given ample time to respond, usually in opposition. Ex Parte is a latin phrase meaning for “one party” or to benefit one party. This is an exception to court rules and is used for special situations such as one that requires a “restraining order” or anything that compels another party to stop an action or a proceeding. In an Ex Parte Motion, most courts require one day’s notice to an opposing side. So it happens very quickly.

All I did was explain my situation. I pleaded “hardship” and explained to Judge Banks the exigent circumstances that I was under; that I was homeless and living in a car. In return, he extended the deadline on my reply by 10 days. I was already in hot water with him as I had recently failed to give notice to my opposition about a CMC (Case Management Conference). Needless to say, the outcome of the hearing left me very pleased. Up until yesterday afternoon I had no idea how I was going to get to the courthouse and had already accepted that I was going to lose by default. I checked my cash position and I was down to $1.26. To get to the courthouse and back, a bus pass costing $3.00 had to be purchased. Luckily, an old friend I met on the running trails, Frank, came by the library where I was spending much of my time studying. I hadn’t seen him for at least 6 months and he lent me $5.00.

It's a tough uphill slug but the fight goes on!

Learning to think like a Lawyer ...

There are many attributes that a lawyer must posses to be effective as an advocate. The most difficult to replicate by anyone outside the profession is most certainly the way in which lawyer’s think. This is, perhaps, the biggest obstacle to creating a do-it-yourself type of a legal system. In my experience in and around the courtroom as a Pro Se Attorney, I have seen a spectrum of lawyers in action. The most effective and exceptional advocates that I have witnessed were not only quick thinkers but have a knack for polished delivery and one sided clarity – that being, the skill to present an argument that gives advantage only to their client. A run of the mill public speaker may be able to connect with a listener but will lack that “I don’t care what you think, I am fighting for my client” kind of ethic. These exchanges usually happen in very adversarial conditions, in short bursts, in front of a judge, limiting the time available to impart relevant ideas. The wrong point made could mean the denial of a motion or having the case thrown out completely.

There was a book I read a few months ago that made an impression on me entitled The Ivy Briefs written by Martha Kimes. On page 65, she remarked incisively on some choice words made by a professor that describes the way a lawyer thinks.

“(The professor said), “Yes, don’t you see? You’re becoming corrupt and cynical because you’ve caught my spirit”. Although this was meant as a joke, it was born of a nugget of absolute truth. We are being taught to be cynics; to become skeptical; to second-guess everything we were told; to pull back layers of every statement, looking for a loophole or a hidden trap; to analyze every word to death; to distrust people; to become the kind of people other people hate. Indeed, we were learning to think like lawyers.”

Yestradamus 050708

From four corners will gather four lions

In space contrived by harsh seasons

The mother of the lost shall cease her angst

A convergence in warm soil

The quatrain parallels an experience I had in a third world country many years ago when I was thrown in prison for some trumped up charges. It was in the wee hours when I finally arrived at the cell and found three detainees in three corners of the prison. One had been charged with lewd conduct and his white t-shirt was still drenched in red wine that a woman had doused him. He looked like a bloody lion after feasting on a prey. Another man had been in a fight and had lost two of his front teeth. Every time he opened his mouth two long k-9’s would protrude approximating the fangs of a lion. The other hulking gentleman was simply inconsolable and was crying non-stop, howling in despair – not like a lion but, rather, like a coyote.

Forgetting I was no longer a spring chicken, the Tequila and Cervesa shooters that I had taken the night before to impress a couple of muchachas had left me pumpkin smashed like a college frat kid. It took a while before I had lost that groggy – get a Dramamine quick - feeling. All that time, I thought that I was in the company of a trio named Veni, Vedi and Vici. When in fact their names were Benny, Bunny and Benji. Off course, the crying man’s name was Bunny.

The quatrain seems to warn us not to do anything that will land us in jail. If you want to see wild animals, go to the zoo instead.

Analyst 147X

Generosity of spirit ...

I made some interesting friends these last few days.

I met Ray at a “Business Opportunity” meeting some months back but did not realize that we had already crossed paths until we had a chance to talk more in depth about a week ago. We soon discovered a number of things that we had in common. First, that we were both from the same old country – the Philippines. Second, that we were at some level engaged in originating loans in the mortgage industry before the collapse. Third, that we were both residents of Laguna Niguel CA. And fourth, that we are now both homeless and living in a car.

He’s been out on the streets and living in a car longer than I have and immediately took me under his wings. Our conversations were a rarified exchange on how to cope with the demoralizing effects of a financial debacle and the resultant side effects including homelessness and sometimes in extreme cases psychosis. The first thing he said was, “ accept your situation and take care of your needs.” Knowing my predicament, he took me to the Ralph’s Supermarket and spent, from his food stamps - now a debit card - the amount of $12.50 for food essentials. Before we parted company that evening, he even gassed me up for $9.00. I can’t say how flabbergasted I was of the incredibly generous gesture when you consider this was coming from another person just as homeless and presumably as cash poor as I.

A few days before, a gentleman named Neil, an Aussie who owns a Pizza Place close to where I used to live, showed me the meaning of "Generosity from Down Under". I used to frequent his restaurant when I was training heavily and used to have pizza lunches there after hard mountain bike work-outs. I explained to him my situation and without hesitating, he graciously offered me meals for three days. The first two days he served me with a huge bowl (I mean huge bowls) of spaghetti with meatballs, garden salad, garlic bread and iced tea. The third day he made me an extra-large pizza with cheese and pepperoni that I ate for two days. When I left the third day, he said, “if you get in trouble, come back and I’ll help you”. He didn’t even tally up a check.

I grew up Catholic and went to parochial schools from the first grade up until high school. I should have been a loyal faithful but my experiences and the recent church expose resulting in the prosecution of pedophiles left me very skeptical about the church. But based on our discussions, I acted on my friend Ray’s suggestion that I reach out to churches. He said it was essential not so much for procuring my needs but to prop up my self-esteem. I’m still in good spirits considering my situation, and so for the sheer need, I went to Saint Timothy’s Church this afternoon, a church I had gone to hear mass many years ago. Without an ounce of hesitation whatsoever, Diane the lady at the front office gave me a $10 check card for Wendy’s and a $25 gas card from Shell.

I had been having transmission problems with the ‘99 Chrysler 300M since the moment my friend Jefferson lent it to me. He did so unconditionally and even gave me the pink slip. It had been an invaluable work horse that has admirably served as my sleeping quarters, my storage place and music room. Knowing that I had the gas to get me through the duration of the trip, I went to the Mission Viejo Transmission, the company that, a couple of years ago, repaired the car. I discovered an old invoice in the glove box and was hopeful an extended warranty might be in place. On the way up, I turned into the Shepard of the Hills Church in Mission Viejo that was just off the freeway. There, I was handed $15 in singles and five packed lunches in brown bags. After thanking them, I proceeded to the transmission shop. A short while later, Kevin, the owner of the shop, told me that I needed transmission fluid, oil and water. In laughter, he emphasized that the water was free. I explained to him that I only had $15 but was more than willing to give him an IOU. He filled up the transmission case, the radiator and sent me away with an extra quart of oil. “Sorry to take the $15.00 from you", he said. I was actually grateful that was all that he charged me. Indeed, it was a bargain. Up until that point I was worried about not being able to leave a stoplight because the transmission was skipping gears.

Generosity of spirit - and I am tremendously grateful.

Slammed by the Judge ...

Lacambra vs. Glass et al 

9:10am - Dept. C-4 - Superior Court - Santa Ana CA

“I ordered you to send notice and you did not do that”, Judge Banks said to me in a stern voice. I stood there more than embarrassed, as I have never been admonished in court before and found the experience unsettling. In a nutshell, I failed to give notice to my opposition of the meeting explaining why they didn't show up. My strategy was to simply give my opposition a call to alert them of the meeting but had overlooked the matter altogether. Explaining would have been futile, as I knew that I did not do what he had asked me. So, I simply apologized and promised that it will never happen again. In the end, he placated me by setting another date and asked the clerk to send notice. 

To hurry cases along, judges hold periodic meetings called Case Management Conferences or CMC’s as they are referred to in the profession. They are quick meetings in front of the judge who, before the conference, would have been briefed by a Case Management Statement filed days before by all parties. The object of those meetings is to find the bottlenecks that slow down the cases and make appropriate changes. Punitive actions can be a simple reminder to the forgetful party or in severe instances, an actual sanction costing money or other disciplinary actions that the judge might use to bring a party to compliance.

I think Judge Banks was rather lenient to me. I'm sure I dodged one today. 

Contributory Child Neglect

There is something amiss when government laws, under the pretense of protecting children, create the very conditions that contribute to their further neglect. Such is the case when a father, or a mother, for any number of reasons, misses child support payments and loses the professional license that allows them to make a living. Part of the blend of tactics that the California Child Support Services has in its enforcement arsenal is the ability to take away an individual’s professional license and driver’s license. So, as a matter of speaking, under certain conditions, the government can take away not only an individual’s privilege to make a living in their chosen profession but also the means by which that person can get to work.

In my recent adventures, a grudging necessity as I travel as a homeless person, I’ve had the opportunity to meet other fathers who’ve been driven to destitution because of the loss of their professional licenses. One individual in particular, whom to protect his identity will remain nameless, was a high-end chef who I met in Laguna Beach one morning. He was sitting at a bus stop with a companion but by appearance was obvious to me that he was homeless. This observation prompted me to inquire how he ended up in his disturbing predicament. The short answer was that he was from out of state and one who used to work as a Chef at a high-end restaurant. Because of missed child support payments that degraded into something uncontrollable, his Chef License was revoked. Another individual, whom I also met in Laguna Beach, was a tow truck driver and for the same reason – missed child support payments – his license was revoked.

I was preparing exhibits for my case entitled Lacambra vs. Shea Properties et al and pulled a recent copy of my California Department of Real Estate License from the DRE website to determine my status as a mortgage professional. Lo and behold, just as I was fearful of, it was recently revoked for non-payment of child support. The first lesson learned; find an industry that is not susceptible to the gyrations of the market. The second lesson learned; marry the right individual in the first place. So, if you get divorced, as 50% or more of all marriages do in America, you’ll have someone who you can count on to understand your situation. My ex-wife knows that I live in a car but would rather see my salesperson’s license revoked than see me climb out of the difficult circumstances I find myself in. As a father, there is nothing more hurtful to me than getting a sense that my children think that I've abandoned them.

At whose feet should we cast the blame? The biggest culprit in this entire circus production is the very government that passed these laws that are so extreme, so duplicitous and so counter-productive. I’ve been working in a profession that requires the very license that was revoked for 16 years now. Under protest and with great dismay that career has now come to a grinding halt. Next on the list of draconian punishments is most certainly to take away my driver’s license. If that happens, it would be a major setback for my children and I.

What’s next on my list? File a case - Lacambra vs CA Child Support Services. I’ll take this to the highest court in the land - the Supreme Court - if I have to. For that I will need a war chest; it will cost a pretty penny. Stay tuned.