Transfer and Consolidate Cases

Lacambra vs. Public Storage

I was finally served at my PO Box by Public Storage seeking a court order to sell my personal belongings that was stored at their facility. The case was filed at the Limited Jurisdiction at the Harbor Justice Center - Laguna Hills, which means that the damages cannot exceed $25,000.

If you remember, I had also filed a complaint against Public Storage at the Unlimited Jurisdiction at the Central Justice Center - Santa Ana alleging violations of CA Business and Professional Codes on the 30^th of June. So the stage is set for me to try to consolidate the case. I spent most of the day yesterday drafting three moving papers:

• Notice of Motion to Transfer and Consolidate Cases
  
• Memorandum of Points and Authority in Support of Motion to Transfer and Consolidate Cases
  
• Declaration of Robert Lacambra in Support of Motion to Transfer and Consolidate Cases.

Three statutes were contained in my moving papers:

Code Civil Procedure Section 403 provides:

Motion to Transfer Action for Coordination
“A judge may on motion, transfer an action or actions from another court to that judge’s court for coordination with an action involving a common question of fact or law with in meaning of Section 404.”

Code Civil Procedure Section 404.1 provides:

Specified Standards of Coordination
“Coordination of civil action sharing a common question of fact or law is appropriate if one judge hearing all the actions for all purposes in a selected site or sites will promote the ends of justice taking into account whether the common question of fact is predominating and significant to litigation; the convenience of parties, witnesses, and counsel; the relative development of the actions and the work product of counsel; the efficient utilization of judicial facilities and manpower’ calendar of the courts; the disadvantage of duplicative and inconsistent rulings, orders or judgments; and the likelihood of settlement of the actions without further litigation should coordination be denied.”

Civil Code Procedure Section 1048(a) provides:

Severance and Consolidation of Causes
“(a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary cost or delay.”

There are a number of qualifying rules revolving around the question of complexity. If the case requires a significant volume of documents brought by motions and documentary evidence or that by necessity there will be many witnesses and parties to the lawsuit, the instant case cannot be consolidated at this court. It will have to be coordinated at a court that does only complex cases. In the OC, it is called the “Complex Civil Center”. From what I gather, the Complex Court relies more on digital processes for accepting and processing files. In essence it has the infrastructure to manage very complex cases with the emphasis on speed.

For consolidation, statutes require that the moving party make a good faith effort to inform and reach an agreement for coordination with the other parties. This is interesting verbiage as the parties usually already have significant differences that only the court can resolve. But because my complaint will seek compensatory and punitive damages that exceeds the amount of $25,000, the Unlimited Court will certainly be the proper jurisdiction and venue.

We’ll see what the Honorable David R. Chafee will say to my petition.

Proof of Service

All my opposition papers in response to moving papers for Lacambra vs. Glass et al were already drafted a few days before the deadline. My challenge was how to make copies of it and properly serve it – 4 in total – one for court, one for me and two for the opposition. I had already arranged to make copies at the “Public Law Center” but decided to find a way to make copies before I traveled to Santa Ana because things, as they always do, can change. The question was, what if the Manager was absent?

The day before, I met with Leah from the Mission Lutheran Church in Laguna Niguel who agreed to make me the copies I required. So on Wednesday morning, I met with her and within minutes, I had my copies ready for filling. The package included:

1. Opposition to the Demurrer on First Amended Complaint
2. Opposition to Motion for Sanctions
3. Opposition to Demurrer; Motion to Strike; and Motion for Sanctions
4. Case Management Statement
5. Copy of Proof of Service

I then drove to the Laguna Hills Bus Depot and took the 83 Bus to Santa Ana to file the papers. After filing the papers in court, the next step was to have it served, which meant mailing the papers to the opposition lawyers. With no money left, I went to the “Public Law Center” and asked if they could serve my papers instead of making copies as we had agreed. Unfortunately, the system they have in place required that they take my case as a client. The reason wasn’t explained to me but I suspect they were hedging from liabilities being that they are public advocates.

Running out of time, I went back to pick up may car and drove to the Presbyterian Church of the Master in Mission Viejo and pleaded with the Pastor to help me serve it - a process called “POS” or “Proof of Service”. The process requires having someone state that they had witnessed the envelope being placed in a mail receptacle or that it was placed in a location where the Postal Service can pick it up. The critical element is that a person who is a party to the lawsuit cannot be a signatory. It has to be signed by someone else besides myself. Unless you are a legal professional, doing a “Proof of Service” is usually intimidating. At least that’s what I discovered over the many months. Needless to say, I hit a dead-end. But nevertheless, Nancy, the church receptionist, sent me away with a gas voucher worth $10, a $10 giftcard at Vons and 4 vouchers for a “Pollo Bowl” at El Pollo Loco. I was grateful but my mission was far from over.

Straight away I went to Saint Timothy’s Church in Laguna Niguel and met with Diane and another lady at the front office. I explained my predicament but was told that she was not comfortable signing the “Proof of Service”. I expected that much. So, as an alternative, they agreed to give me the over-sized envelope complete with adequate postage. When she said that, it actually felt like I hit a jackpot. Away I went but not without being handed a $25 Shell Gas Card. At that point, all I needed was someone to sign my POS.

I then went back to the AV Library hoping that I could see Ben, an acquaintance who once did a POS for me but to no avail. Finally, later in the evening, I met up with another acquaintance that I recently met at the library named Felix who gladly signed my POS. After sealing the envelopes, the packages were dropped in a mailbox and the job was partially done. The final step is to file the signed POS that Felix had signed with the court clerk. Court rules require that it be done within 10 days.

The experience, arduous as it was, served me incredibly well. At the very least, it showed me the extreme side of serving papers to opposition. The entire legal system was largely designed by lawyers for lawyers. That usually means legal firms with a support staff in place complete with a receptionist who will do a POS, a copy machine, a scale to weigh the envelope and enough stamps to make sure the envelope gets to the opposition. I made extensive notes on my experiences and will try to find a legislator who can sponsor a bill to level the playing field for self-represented litigators. I’m certain I can help craft legislation that can simplify the process of serving papers. I’ll keep our readers informed about this going forward. 

Mo Tales, The Birthday

It wasn’t for another month that I saw Mo’s Mom. She had invited me to her home in a very non-descript part of town. “Well, hello, there”, she said as she invited me in to a nicely decorated home adorned by tasteful artwork and decor. She pointed to an antique chair made of brown leather where she asked me to sit. Our visit had not been too long when she started telling me stories about Mo. “That Mo is such a bad boy that every time I think about him, my heart starts to do the rumba. Some years ago, while he was still in high school, he did a very nasty number on me that I have never forgotten it. It was close to my 70^th Birthday and I was excited thinking that Mo will have a nice gift for me. He had been planting ideas on my mind for many weeks that as my birthday approached the more excited I got. Then, on my special day, he came to pick me up”.

“Mom, I have to blindfold you because I don’t want you to see what I got you. Mo, said. “Is it outside”, I asked. “No, we have to drive a little ways”, he replied. “Very well”, I said. In his company were the two sisters that he had struck a friendship with and who he had been spending a lot of time with. To make things even more exciting, Mo asked me to sit in front – shotgun. And before we drove off, he pulled out a cupcake with candles shaped in the number 70. “Ok”, Mo said, “we’ll sing a birthday song before we go”. I must say, the two sisters had the most interesting voice and were quite impressive blending together singing a cappella. They sounded like the band America singing the tune A Horse with No Name.”

“Then, as we got to the last verse ….”Happy Birthday to you ……. I blew out the candle and Mo turned to me to cover my eyes with a black bandana. “Here we go Mom, it will be quiet a ways ok?” “Ok”, I said – smiling with the gigglish excitement of a schoolgirl. My thoughts were filled with delightful anticipation thinking that maybe he got me a house in a better part of town”.

“What happened next has been the very center of my fight with Mo. After a while, Mo started letting me sip a drink that tasted like grapefruit juice with a hint of champagne that made me feel happier and bubbly. As the trip wore on, I started asking are we there yet? Only to be answered with a chorus of Happy Birthday songs by the two sisters in the back seat. That happened at least four times.

“Then, just as I was about to fall asleep, the car stopped”. “Here we are Mom”, Mo said. “But you must remain silent and what ever you do, do not remove your blindfold”. “To which I complied. I heard music, the modern sound of hip-hop and we were walking in the direction of the thumping music. In no time, we were in what sounded like a nightclub. But to make sure I didn’t ruin the surprise, I kept the blindfold on. I had been sitting on a stool for a long while when I realized that Mo had left me in the nightclub and that there was no birthday gift at all. The only surprise was that I was in a gentleman’s club for retired playboys. Mo, had sold me to a crime syndicate involved in the business of entertaining rich retired men. The moment I took off my blindfold, I knew I was in trouble because everyone around me – all of them old men – had a glass of champagne on one hand and a can of Red Bull on the other looking like they were ready for something. Every one of them was well dressed and had nice smelling imported cologne”. “Only then did I know I was taken. My own son had mercilessly tricked me. But with all the womanly power in me, I told them they will never be able to make me do what they had paid Mo have me do, not even for a million bucks!”

“What did they want you to do?” I asked. With the face of an aggrieved and tormented woman, she said, “they wanted me to put on a really tight red leather skirt and jacket and they wanted me to sing Tom Jones’ hit song “It’s not unusual to be loved by anyone”.

Sobbing in despair, she yelled – “that double-crossing devil boy, my own son!”

"He drives a Mercedes Benz, Your Honor".

Lacambra vs. Glass et al

In the Superior Court of Orange County (California) there are 111 judges, 33 commissioners plus retired judges who take assigned cases. Every judge runs his or her own courtroom differently. That was a lesson I learned the other day. A few days ago I conducted oral arguments on five motions that First Team Real Estate had served on me. So, I entered Judge Banks’ courtroom confident that I would be allowed to argue my case. I was wrong.

The Tentative Ruling was posted outside the courtroom:

07CC11725 LACAMBRA  VS  GLASS

Tentative ruling:  The unopposed demurrer by defendants Wilbert Lacambra, Anges Lacambra and Gilbert Lacambra as well as that of William Glass to plaintiff’s First Amended Complaint are sustained, without leave to amend, as each cause of action fails to state a claim. (CCP 430.10(e).) The court notes that although the moving papers addressed the allegations against defendants Angell and Chua, they are not moving parties and the demurrer is sustained as to defendants Wilbert Lacambra, Agnes Lacambra and Gilbert Lacambra only.

When I entered the courtroom, I had already lost my case. The phrase “without leave to amend” means that the court will not allow any modification on the First Amended Complaint. In effect, the whole case was already decided by summary judgment in favor of my opposition. And that was not what I was expecting.

Standing in front of Judge Banks – both my opposition to the left, I asked for an opportunity to present my opposition by oral argument. With a firm voice, he said in effect that he was not going to allow that. He pointed out the unfairness to my opposition if the outcome is contingent alone on my showing up. I pointed out my indigence and my inability to procure copies and stamps. But he would not take any of it. I pleaded and pleaded with phrases that came out of nowhere – “Your, honor this means a lot to me”; “There is nothing that brings more fear to me than bringing upon myself the displeasure of the court”; “Your honor, it will cost me $1.25 for my bus ride back and I only have $1.00 in my wallet.

But of all that was said, it was the quote from Susan Angell, my brother’s attorney, that stood out in all its shame. While in the throes of explaining my extreme predicament and the fact that I sleep in my car, she interjected “He drives a Mercedes Benz, your honor”. All I can do was look to my left where she was standing, shake my head in disbelief and utter the words, “that’s not true”. Indeed, it was a great lawyer trick designed to discredit all that I have said but nonetheless a lie. Every evening, I park a borrowed '99 Chrysler M300 on a commercial lot where I rest for the next day. I made a mental note - another ammunition I can use when I file my “Motion to Disqualify Counsel”.

During the arguments I pointed out that my other opposition, Fred Fletcher, had prepared his “Demurrer” on papers that did not conform to Court Rules. All court documents, except for “Judicial Council Forms” must have numbers to the left of the page for easier citing. Usually, when a paragraph or sentence is being quoted, the page number and line numbers are mentioned, which his papers lacked. In the end, Judge Banks ordered a two-week continuance on the case and required me to the file opposition by Wednesday.

I’ve actually sat in on "Law & Motion" hearings and one particular "Trial" presided by Judge Banks. I came away with the feeling that he has a genuine affinity for Trial Lawyers and appreciate the challenges these professionals face while advocating for clients. For me, he has been tough at times but on balance I sense it comes from a well placed desire for everyone who enters his courtroom to elevate the craft he has devoted his life to.

After the hearing, my mind was in flux – searching for a way to copy my next round of papers. I walked across the courthouse into the offices of the “Public Law Center”. I had recently emailed a person by the name of Peri Doshi-O'Neill and was informed that she was on maternity leave, thus explaining why she hadn’t responded. I then had a chance to talk to the Manager, Trish Leon, who agreed to let me make copies next week. I told her that I wish to volunteer in return and proclaimed my limited legal skills but pointed out my command of other languages – Filipino, which I speak fluently and Spanish, which I am conversant in.

So, for the time being, I can continue my fight. All is well in the Northern, Southern, Western and Eastern fronts. As of now, I am trying four cases and they are coming at me with guns blazing. History teaches Generals that opening multiple fronts can be disastrous.

My response: ATTACK!  

Challenging and Expensive ...

Lacambra vs. First Team et al

Things are getting more and more challenging and quite expensive for this case. Yesterday’s "Sanction Hearing" actually had 5 (five) motions to it. They were all to compel me to respond to opposition requests. 

They were Motions to:

1. Compel Responses to Inspection Demands and Production of Documents
   
2. Compel Deposition
   
3. Strike Amended Complaint
   
4. Compel Reponses to form Interrogatories
   
5. Compel to Responses to Special Interrogatories
   

The moving papers in question were not sent to my PO Box but rather to the address that they knew I was evicted from. As a result, I wasn't able to timely respond to the motions. I was full of anxiety for days and just to put my concerns to rest, I went to the court the day before to ask the Madam Clerk if she can ask the judge to set aside time for oral arguments the next day.

The hearing was held at Dept. C-21 at 1:30 PM and was presided by a temporary judge - Hon. Sherri L. Honer. Technically, because there were no opposition papers filed, Judge Honer assumed that I had not opposed the motions. Before I even entered the courtroom she had already prepared a tentative ruling in favor of my opposition which the court provided to me in writing. As soon as I was called, I explained that the papers were sent to the wrong address and in turn was given a little bit of latitude after I showed the envelopes labeled by the Postal Service to that effect. My argument centered around the fact that this case is an open and shut case. The opposition, in their quest for a victory, has made this into an expensive and protracted fight to take advantage of my inexperience and lack of financial resources. I argued that they have taken this tact in hopes that I would make a case winning mistake and pointed to the stack I had which comprised of five motions.

One component of the motion was to request for sanctions and re-coup the cost of filing and a court reporter that was hired for my deposition that I allegedly failed to appear on. The opposing counsel explained that the amount of $1165 was incurred and was the subject of the request for monetary sanctions. However, as the judge pointed out, he had erroneously asked for only $565. (This is an example of why attention to detail is critically important in law.) In the end, because of a confluence of evidence showing culpability on both sides, the judge asked me to pay only $120 in sanctions.

Part of the order also required me to submit to a deposition, now set for the 31^st in their office in Los Angeles. During the hearing I asked the judge if the opposition can pay for my transportation and she replied that because I am the Plaintiff and not a witness, I am not entitled to any reimbursement. Moreover, I was ordered to provide documents and answer interrogatories within 20 days. I was also ordered to re-serve the First Amended Complaint within 10 days.

So, the day was not an outright victory but it wasn’t a defeat either. In that respect, this week’s score stands at 1.5 to 0.5 my favor. I have one more hearing this Friday and will blog about the events that transpired whenever possible, which is to say whenever it is that I can get to a hotspot.

The Case Continues ...

As is my routine when I have a hearing, I drove down to the bus terminal in Laguna Hills and hopped on the 83 Bus. It’s a straight ride down the world famous 5 Freeway into the bus terminal a stone's throw away from the Santa Ana Court House. In less than 30 minutes I was there - bypassing the congestion by commuting on the car-pool lane. 

I arrived about 7:30AM – more than ample time for last minute preparations for a hearing that was to begin at 8:45AM. I was actually downplaying the hearing on my last entry but at stake was actually having my case dismissed. It didn’t really soak in until I saw those very words on the calendar this morning.

Attorneys are usually asked by the Bailiff to provide their business cards with the name of the case and whom they were representing. Because I am a Pro Per Litigator and without printed business cards, the court provides me with a form that’s a little bigger than a business card where I can write in all that information. This announces to the court clerk who are present for the hearing. The cases are usually called in the order they appear on the court calendar. This morning, I was number 8 on the calendar.

I was quite apprehensive considering the potential outcome of the hearing. I had gone through the many scenarios that could possibly happen in my head and was prepared for the worse. The time passed quickly and all the while I noticed none of the opposing counsel were present. Then, it was my turn – “Number 8 – Lacambra vs. Glass”, Judge Banks called out. I approached the long table in the center and stood on the right side where the sign said “Plaintiff” and introduced myself. “Good Morning, Your Honor, Robert Lacambra – Plaintiff in Pro Per”. “Good morning, Mr. Lacambra”. He quickly looked at his file and noticed that the defendants were not represented. He asked the clerk if they had called in and she answered no. Then, without fanfare, he proceeded with the business at hand.

“You failed to appear on the last CMC, why?”, he asked. “As mentioned on the previous hearing, your honor, I live in my car. That day I was in my car with a flu”, I replied. “You couldn’t call in?”, he asked. I started telling him about my Virgin Phone and was cut off mid-sentence. “If the answer is no, then it’s no”, he said. He then continued the CMC for two week – the 28^th. The sanction was denied. I thought I was going to have to pay $750.00. I was already prepared to see if I can arrange a payment plan. Fortunately, I didn’t have to. I dodged another bullet, it seems. But these things are a numbers game. If enough projectiles are sent my way, I’ll more than likely meet one that I can’t avoid. Nevertheless, the score this week stands at 1-0 - two more to go.

Tomorrow should be a fascinating study on how to avoid the ire of a judge. I’ll have the opposition try to explain how it was that they sent all the moving papers to the house I was evicted from. That should be an interesting hearing. I can’t wait.

Rich & Nina (14th July 2008)

The invitation said:

2 all my Frenz …
U R invited to a Kabana Shindig
On the 14^th Day of ‘D Month
Expek fuud, buuz, Pizza and gr8t kompani
7PM @ the Den
Chaw!

It was a beautiful day at the beach. I arrived a few minutes early and walked up to a tent with a shingle that said Rich on it. I didn’t have to wait very long. He came out of nowhere and before I stepped in he shook my hands and gave me a warm and welcoming smile. He was dressed in the finest fashion, with sleeked back hair in white linen pants, a white chemise shirt and white leather shoes. “Buonna Noche, Siniore”, he said. And with very thick Italian accent he spoke to me in broken English. “In Californee-ya, no body no se haw to mek a pizza, but for you – I try”

The aura had changed from a sunny beach afternoon to the dithering realm of good and bad. All of a sudden he struck me as a Mafia Don trying to dine an unsuspecting associate before he pumps a couple of bullets in his head. So I was looking for a sign; a validation of a right decision and my safety. My nerves came very close to overwhelming me.

“So Rich, what is this about, what are we celebrating?” I asked. “It iz e misteri that I am try-ing to solv – a veri big puzzel abowt mai fee-lings for my love – Nina”. I em prac-teazing my Italian. I wish to fly her to Roma and ride e Vespa scooter around the city like Audry Hepburn and Greogory Peck in the Roman Holiday. I wish to take her on one grand eh memorable halideey”. It is eh more or less a compe-ling ques-chon that I must answer eh wid a say-ing” “Roma no estate construita en un giorno” which translaytes to “Rome was eh not eh built in eh day”. And though my love for her is not as old as eh Roma, it was not eh built in a day. And like the city of Roma, my feelings for her are e’ternal”. I created eh spesyal drink and pizza combo called da Rich and Nina that eh you must try. I selected only the freshest ingredients and you will agree that eht goes very well together, yes?

Two meticulously dressed waiters brought out a plate from the kitchen behind the tent. On it was a slice of pizza so beautifully prepared accompanied by a concoction that was blue and yellow in color with an umbrella on top. Just as I was about to take a bite, he held down my hand to keep the pizza a few inches from my mouth. He timed it so perfectly that my tongue was already past my lips, hanging in anticipation. Then, he said, “You must eh never partake this creation without eh the right e music – in love, de mood is everything”. With a flip of a remote control, he made the huge speakers adorning the tent come to vibrant life. And all that could be heard was the soft crooning of Dean Martin singing his hit song:

“When the moon hits your eyes 

like a big pizza pie, 

it’s amore,

When the world seems to shine 

like you’ve had too much wine, 

that’s amore

Bells will ring ting-a-ling-a-ling, ting-a-ling-a-ling.

And you’ll sing “vita bella””

Alas, the mellow music of a time gone by gave me a reassuring feeling. Only then was I convinced that I wasn’t in the company of a Mafiosi but an immensely frustrated wannabe-suitor that is my friend Rich. Fortunately, it seems, he had found an outlet for his frustrations to the great benefit of all food and spirits aficionados around the world.

And so I thought, now, I can relax - enough perhaps to begin my first bite.

A Typical Week

I spent the last few days at the Newport Beach Library preparing responses and opposition to motions served by opposing counsels. Next week should be interesting, however. The events that follow will give me a sense of the kind of outcome I should expect from the cases. 

On Monday the 14th, I have a "Notice to Appear" hearing for Lacambra vs. Glass et al for not appearing at the last Case Management Conference. This poses an interesting challenge because I have to prove that I actually had a flu without a physician’s corroboration. I haven't seen a doctor in years and didn't see a need to do so at the time. Besides, my financial situation simply prevented it. My hope is that the judge will take my word for it, as I do not have a witness who can make the declaration of that fact on my behalf. 

On Tuesday the 15th, I have a "Hearing for Sanctions" on Lacambra vs. First Team Realty et al for not appearing for a Deposition. This should be an interesting hearing as well and should give notice to the judge about the kind of nasty lawyerly tricks that I have been getting from this law firm. On a previous moving paper – Opposition to Demurrer, I made it clear to the court and the opposition that I was rendered homeless by their client’s refusal to pay commissions owed to me. The operative word is “homeless”. Yet, the papers were sent to my old address despite their knowledge of the existence of my PO Box. Of course, we can never tell how the court will respond to this fact – that the opposition served me papers at the address that I was evicted from. Technically that’s called “Defective Service” That’s just a very unprofessional way to ensure that I am unable to serve a timely response. I can only hope the judge favors my position.

On Friday the 15th, I have another hearing on Lacambra vs Glass et al. This time, the attorney is seeking sanctions for what she considers an infringement of her rights because I failed to ask the court’s permission before I added her to the First Amended Complaint. I added another person besides her without the court’s permission – my sister-in-law's sister for “Interference of a Contract”. In a comedic twist, the lawyer applied a double standard by taking on my sister-in-law’s sister's case and immediately responded by Demurrer instead of a Motion for Sanctions. That is to say, the complaint is good on her client in so far as she can get paid but not on herself. Obviously, the lawyer is now trying to maneuver her way out of the lawsuit hoping along the way the judge will throw the book at me. I got my mail today and received a note from the Sheriff’s Department explaining that the lawyer could not be served with the Complaint because she was “evasive” – the exact words the Sheriff used. I can see her hiding behind the door with all her lights turned off as the Sheriff knocked on her door. She apparently works out of her house.

So, that’s just a sample of what my week is like in the always-fascinating world of law.

Yestradamus 070708

The pitched darkness will succumb to its calling

A quick rush of sound and holler

A babbling of one’s center core

The liege seeking a lavish banquet

This is an uncanny reminder of a time I was on an extended mission in the jungles of Southeast Asia and I haven’t had anything to eat for days. I was sitting under the shade of a tree and all of a sudden my stomach went ballistic in a raucous sound of fury that I thought I was going to be spotted by enemy patrol.  Baaaaarrrrrraaaaaap …. my stomach said. By that time I hadn’t bathed in days and I was ready for some really seriously killer R&R. While imagining a lazy afternoon under an umbrella on a beach sipping Mai Tai, guess what comes passing me by? A chicken and a pig! I can hardly believe my eyes. Every moment, it’s own time a saying goes. What came next was amazingly described by Yestrdamus as a “lavish banquet”. By that point my hunger was all consuming that the feeding came just in the nick of time.

Yestradamus’ words were prescient when it made reference to “one’s center core.” Indeed, I was in the “Marine Corps”. The reference to the “calling” and “sound and holler” were the screeching bellows of the Drill Instructor during Boot Camp calling the recruits “maggots and good for nothing!” I’ll never forget him for as long as I live because he turned us all into fine-tuned fighting machines. But after I returned home, the only fights I was having were with my more than capable wife and I am convinced the “pitched darkness” is a reference to those nasty moments when I got clobbered by a frying pan on the side of my head.

But my analysis of this whole thing is that the Yestradamus is absolutely correct!

Analyst 147

(Robert’s Note: It appears our Analyst had far too many head on pan incidents.)

4th of July ...

I spent the whole day at the “Doheny Beach Park” in Dana Point this Independence Day. There was a Potluck and Barbeque Event sponsored by the El Toro Baptist Church to celebrate the 4^th of July with their congregation. It was a very hot day at the beach and true to form, the landscape was dotted with a sea of tents, umbrellas and innumerable people fleeing to the beaches to cool off and watch the fireworks display in the evening. The air was a mixture of fresh ocean scent, the distinct smell of suntan lotion and smoke from barbeque pits.

At 9PM a flurry of explosions and colorful pyrotechnics display signaled the beginning of the show that lasted a little over 30 minutes. The concussion of exploding shells and awe-inspiring colors that filled the sky intermittently drowned out the patriotic songs and hymns that accompanied the show. The assault on the senses had a power of remembrance that is unique to every person, intersecting only along that glorious quest for “life, liberty and the pursuit of happiness”.

Much rather like a 4^th of July fireworks display, America is a participatory democracy that is just as noisy, just as full of chaos amidst a backdrop of wondrous natural beauty, of human ingenuity and achievement. To derive the best experience from the “Land of Opportunity”, people are required to take the initiative and apply themselves. Along those lines, experiencing a great 4^th of July holiday mimics life in general. The best places from which to view a fireworks display are reserved for those enterprising individuals who started the day early and arrived ahead of the crowd to stake the best viewing spots.

That brings me to an interesting conundrum. I am the recipient of food stamps in the amount of $162 per month – hardly the experience of someone imbued with initiative and drive. A few days ago, my friend Ray whom like myself is also homeless and living in his car made the pledge to ourselves that at the end of this month we will cease being recipients of handouts. We've resolved to completely stop taking anything, be it money or food, without offering something in return.  There must be a quid pro quo – value for value. Amidst all the turmoil in my life, I crave now more than ever a good life; a desire met only with compatible principles of high personal productivity.

I came to America to give and not to take!

Trust but verify ...

Each betrayal begins with trust. (Phish)

It doesn't get any tougher than that. I just concluded a meeting with the Sheriff’s Department to file a “Criminal Complaint” against my brother, his wife and their Attorney. This was a culmination of several conversations with other agencies and the District Attorney’s Office who directed me yesterday to file the report with the Laguna Niguel Office. The complaint alleges three offenses – Penal Code Section 112 (Perjury), Penal Code Section 132 (Offering Forged or Altered Documents as Genuine) and Penal Code Section 182 (Conspiracy).

This criminal complaint stems from the first Unlawful Detainer Action wherein my brother and his attorney claimed that I was merely a renter despite my having paid the mortgage, property taxes, association fees, improvements etc. In order to prove a tenancy relationship, they produced in court a copy of what they claimed to be a rental agreement. The document was never provided to me prior to trial, which was in violation of evidence rules. At trial, there was a procession of several documents staged by their attorney and that page completely slipped passed me. To this day, I vehemently maintain that there was never a “renter-landlord” relationship between my brother and I. Accordingly, I have made several requests for a copy of the document from their attorney. As of this writing, the request has gone unheeded. A search in all the filed pleadings also failed to locate the document confirming my suspicion of criminal wrongdoing.

This case should have been prevented had I entered into a written agreement with my brother. But because of the relationship, there was an implicit trust that in my mind required only a handshake. I am learning now that strange things happen to people when it comes to money. The case has been a complex and an emotionally draining ordeal that now requires the intervention of a law enforcement agency and the possible incarceration of my own brother, his wife and their attorney. Either way I will derive no satisfaction from that result.

Lesson learned: Trust but verify (Ronald Reagan)