Two Birds with One Stone ...

Out of necessity, I’ve developed “multi-tasking” skills that are simply par to none. My needs have become so unwieldy that strategic use of resources and time has become almost second nature. Currently, I have a long list of items on my “Needs List” that I’ve been acquiring one by one over time. Sometimes, I’m fortunate enough to be able to get my hands around something that serves more than one purpose. On an earlier blog, I shared one of my dreams of campaigning in the 24 Hours of Le Mans with equipment powered by Hydrogen (THE BLOG  ). On another blog I have called “Hydrogen Lacambra”, I announced my plans to assemble a team of amateurs to start campaigning in endurance races beginning next year (THE BLOG ). All the things required for that project falls under a section of my needs list called "Zero-Emissions". 

Another critical item on my needs list is an acceptable place to conduct all my depositions in the future. The "Deposition " is usually the scourge of the law profession and a gift to abusive lawyers, as it becomes the tool in which deponents are badgered or verbally assaulted. Offending lawyers use depositions as a weapon to exact the most amount of inconvenience and embarrassment by questioning a deponent about their personal lives.

The Danish Philosopher Kierkegaard once said, “Our life expresses the results of our dominant thoughts”. The most dominant thoughts swirling in my head usually centers around the search for two things. First, the tools I need to advance my legal battles. And second, things that are recreational and that give me balance in my life. I came upon an opportunity to fulfill both needs recently. As of yesterday, I joined the ranks of the few, the proud and the essential corps of individuals who deliver pizza to your doorsteps. Litigation has gotten very expensive that I had to take a part-time job so I can pay for all the document production and photocopying. What that means is that I can now start putting in some valuable seat time preparing for endurance races in the coming year in a racecar that doubles as a pizza delivery car. At the same time, I found the perfect place to hold my depositions. It will be no place other than a “Pizza Parlor”. The pizza will be on me because we’ll be there the whole day. As a litigator, I am allowed up to 7 hours of questioning per day. I’ll even supply the free soda.

Those buffoons have no idea what they have coming – those Shandy drinking killjoys!

Disclaimer:

Robert does not break any of the traffic laws in the city in which he delivers. He merely practices the Le Mans starts by running to the car when he begins his delivery and when leaving the patron's house.

It wouldn't start Officer ...

I have been having problems starting the car lately, particularly on cold mornings. I was working at the Aliso Viejo Library last Thursday and did not leave until it closed at 9PM. It was quite chilly that night and just the right conditions, I’ve observed, when my car would refuse to start.

I got in the car and turned on the ignition switch. CLICK was all the sound I heard. I tried several more times CLICK, CLICK, CLICK CLICK. Then, I waited a few minutes and tried again. CLICK, CLICK, CLICK. I must have done that twenty or so times and the engine would not even turn. I didn’t want to drain the battery so I figured that I was stuck there for the evening.

I have spent the night at the AV Library parking lot before. Some nights I would work the whole day that I would be too exhausted to even drive my car to my usual spot not very far from there. I didn’t think much about it and when I realized the car wasn’t going anywhere I pulled out my blankets and tried to get some sleep.

Fast forward the next morning – 6:30AM. One moment it was dark and all of a sudden it was bright as day.  I woke up to a couple of squad cars parked behind me with their spotlights beamed at my car. A Sheriff’s Deputy approached the car and so I opened the door. “What’s going on here?” he asked. “Officer, I was stuck here last night, the car would not start” I replied. I then inserted the key in the ignition switch and turned it a few times. CLICK, CLICK, CLICK, CLICK …. to prove that I wasn’t making up an excuse.

“Do you have an ID on you?”, he asked. “Yes”, I replied and pulled my wallet and handed him my license. “Step out of the car for me”, he commanded. I complied and stood at the back of the car. “Do you have anything illegal in your car?”, he inquired. “No”, I replied. “You don’t mind if I pat you down do you?” “No”, I answered. I was the asked to put my hands behind my back after which he proceeded to pat me down.

Volumes and volumes of legal documents were in the back of the car - both loosely on the seat and in folders. One of the officers noticed it and inquired, “That’s a lot of legal documents back there, are you being sued?” “No”, I replied. The other officer asked me, “What is it that you do?” “I’m a Pro Per Litigator and I have five cases that I am trying at the moment”. During the conversation that included the standard police battery of question and answer, I explained that the AV Library is one of three libraries that I use to do my legal research. I simply couldn’t leave that evening because the car would not start.

For safety reasons, the City of Aliso Viejo has an ordinance that prohibits people from sleeping in their cars within city boundaries. The only exception to my knowledge is the Wal-Mart parking lot. Apparently, the company, with permission from the city, has a standing policy that allows people to park and sleep in their vehicles. I’ve been there many times and have never attempted to sleep there. It gets quite noisy that I wonder how people are able rest much less get a night’s sleep.

The short of the story was, they gave me a warning and allowed me to go. When the officers left to investigate another car whose owner was also inside the car sleeping, my car miraculously started.

I was out of there like a bat out of hell. 

Mo Tales, Gas Chamber

“Mo has been a torn on my side since I gave birth to him. Because of that, I’ve lost many happy years that I will never get back”, Mo’s mom lamented as she gazed out the bus we were riding. The words were a complete disconnect from the fresh and pleasant air that I was breathing. The ocean was not more than a few hundred feet away as we rode down the coast.

“Many years ago on a bus not any different than this”, she began, “I first observed that Mo was not like any ordinary kid. He couldn’t have been more than 13 years old at the time. That day, I had a day-off so I went and took Mo on a “bus ride” up and down the coast all the way to Long Beach. As you can tell, it is kind of cooped up in this bus and that set the stage for one of the most disastrous afternoons of my life”.

“That morning he was complaining of a bad bellyache. Most times it’s enough to just give him a belly rub with some mineral oil to make the discomfort go away. I used to marvel at the unusual shape of his stomach. It reminded me of the helmet of a Nazi soldier during the dark days of World War II. Nevertheless, I offered to cancel the trip but he said that he was going to be ok. As soon as we got on the bus I knew there was something wrong because the kid was unusually quiet. Usually, he would get himself in the trouble if you just leave him by himself. We were riding along and without warning the bus hit a really nasty pothole. That was when the trouble started. It was so bad that most of the passengers flew out of their seats by about a foot. The sudden jerk must have put some pressure on his belly that something had to give. And from the little kid came the most unassuming sound that anyone could ever have heard”.

POOOOOOOOOTT, was the sound Mo made.

“The kid had cut the cheese in the most severe way. One moment I was breathing the nice and healthy air of the blue Pacific and the next I was gagging and coughing on some putrid and noxious fume that was the product of my own son’s stomach. All of a sudden we were in a Nazi Gas Chamber on wheels under the baking sun traversing the Pacific Coast of Southern California”.

“The scene inside the bus became one of chaos. The babies were crying, kids were running trying to escape the headache inducing scent. Heads were hanging out of the bus braving on-coming traffic in an attempt to escape the shroud of terror. Some were coughing and some were passing out. People were organizing a lynch mob in the event they found the perpetrator. After I came to, because I momentarily lost consciousness, I noticed another young kid standing in the isle pointing at Mo trying to give everyone an idea who the perpetrator was. There was another man sitting in front of us wearing a shirt that said “Old Men Rule” that was sleeping with his head tilted all the way back and his mouth open. I couldn’t tell whether his condition was caused by Mo’s event or that he was just tired. A small group had already gathered and was ready to exact some vigilante punishment. Without missing a beat, Mo started crying in an attempt to get sympathy from the angry crowd.  Realizing it wasn’t working he then stood up and said, “It wasn’t me, it was this man” pointing at the slumberous man in front of us – deflecting the accusations. In an instant, all eyes had shifted from Mo to the helpless defenseless and sleeping man”.

“What happened to the man is such a bad memory that I do not wish to repeat it. But what I learned was how Mo enjoyed watching all the passengers experience misery. After the crowd picked up the sleeping man from his seat, Mo turned to me with a contented smirk and gave me a wink and said, “Look what I did, Mom”. My heart sank and I couldn’t say a word. The kid had turned into a mother’s worst nightmare. As early as 13 years old there were already signs that the kid was going to turn into a monster when he grows up. As soon as I got home, I purchased a 12 pack of Pepto-Bismol and every time he complains about his stomach at least I have something strong to give him. I make him drink one bottle every time he complains about his stomach so that the ordeal on the bus will never be repeated. That Devil Boy has been a big problem ever since he came into this world and I'm not really sure there is enough of that pink stuff - Pepto-Bismol - in the world to neutralize him one bit”.

(TO BE CONTINUED)

The Lawyer's Club

The first case that I bring to Federal Court has to be one for the ages. It appears, I have just the perfect one. Nothing is more sensible or absurd (depending on which way you look at it) than suing the Superior Court of the State of California. Many people I've spoken to, lawyers and legal novices alike, have told me that such an escapade is the highest form of mental derangement. One of the lawyers I know asked me to take pause and consider that the lawsuit essentially challenges not only the entire proud staff of legal researchers and lawyers who work for the court but also every judge who sits in that court of which all are certainly scholars of the law.

Hahahahahaha ….

If you are going to lose your mental faculties, don’t just lose some of it, lose all of it. Professional pride will dictate that the Superior Court not settle but rather take this to trial and beyond – Appellate Court and even the Supreme Court if I defy expectations and prevail. But that’s how you change things. You can’t bring a six-shot pistol to a machine gun fight. You bring the MOAB – the Mother of All Bombs. At issue are the rights of self-represented litigators to a fair and equitable process to address their grievances. Self-represented litigators should be accorded all the privileges that licensed attorneys get when they bring an action to court.

One part of this grievance started many months ago when I sought the assistance of the “State Bar of California” to investigate wrong doing perpetrated by one of their members – Gary J. Gough, Shea Properties’ Attorney. The Bar Association, in defiance of their duties, referred me to the civil courts full well knowing that the thousands of dollars required to file a legal action would be a deterrent. The message was subtle but in effect declared that they take care of their own. Lawyers and judges, who are also lawyers, have a club and are prone to maltreat and lampoon self-represented litigators in court. This culture is pervasive and detrimental to rights of those non-lawyers seeking redress in court. I witnessed a judge chastise one Pro Se Litigator for no reason other than the fact that he was not a licensed attorney. He made the point of saying that all the “self help books” are in effect nonsense and that lawyers in California go through the toughest bar exams in the union.

Another example of the club culture came to light when I got a hold of a letter between two attorneys in two cases I am involved in taking part in a collusion. The attorneys stated in separate courts that they have not received papers that I have served to them. They were trying to appear credible by showing a pattern that would be difficult to show if only one of them had made the assertion. This had the consequence of prolonging the case and making it more expensive. More importantly, it violated this Plaintiff’s civil rights.

As is my experience, ordinary people with no legal background brave the world of courtrooms to raise a grievance and to find justice. If, in the end, we need to put in benches judges who are more sensitive to this and are not quick to deride people who do not hold law degrees, then that’s exactly what must be done. Many will take exception to this reformist message as it seeks to change the status quo. The beauty of the American style of governance is that we have a system of checks and balances. This is where we put that concept to the test. Will the other branches of government – Executive and Legislative (not to mention the 4th Estate - the Press) - step up to the challenge?

We'll see about that!

Rich & Nina (14th October 2008)

I met Rich at a local coffee shop one evening. It was 9PM when I arrived and saw him feverishly writing something on a notebook. “There you are”, he said. "I’ve been waiting for you. Before we get our coffee, there is something I am drafting that I want you to read. I’m preparing the essential documents required so that if my Nina and I finally decide to tie the knot we have a clear understanding of what to expect. At this point I don’t think Nina even knows that we’re getting married yet. I’m not even sure that she wants to. But, nevertheless, I could never be too prepared. Here read this. It is called the “Pre-Up Agreement” and let me know what you think". “Don’t you mean the Prenup?", I asked. "No", he replied, "I decided to call this document of my affection for Nina the “Pre-Up" so that the very first day that she marries me, she’s already up in the world. I want her to think that she married up and not down". The document said:

FIRST DRAFT

(Pre-uptial Agreement)

Whereas, it is my desire and expressed wishes to give to my beautiful, bright and always fresh smelling Nina the following possessions and things upon the moment she is witnessed to have said “I do” to me in front of witnesses and a civil or ecclesiastic official legally vested with the power to enjoin us in matrimony. The following possessions will include but will not be limited to:

My house, which includes the land and other improvements, less all the encumbrances at the time of the marriage. All loans and obligations will be retained by myself, Rich. Holes on the roof that have recently been discovered as a result of the rains last week shall be repaired by the time of the execution of this instrument.

My car, which is temperamental on very cold mornings, will be registered and insured in accordance with the laws of the State of California by the time of the marriage ceremony. It shall also be tuned-up to perfect running specifications by a qualified mechanic of the aforementioned automobile manufacturer. Furthermore, the car will be fitted with brand spanking new tires all around replacing the old bald ones.

         My boat, which will be retrofitted with new sails that work with the wind and not against, shall also encompass this agreement. In her honor the boat currently named “Richer than You” will be re-christened “4 Richer or 4 Poorer”, to commemorate the special day of our marriage and to show my love for her.

“So, do you think her lawyer will let her sign this? It should be self-explanatory”, he queried. “Forget the lawyer”, I said, “How about Nina herself? This agreement needs more work. In the first place, you might scare her away with this. A roof that resembles Swiss cheese, a car that has a problem starting in the morning and a boat we are not sure can even float? Dude, what came over you?” With a twinkle in his eyes he said, “Love - the greatest that any man’s heart could have ever conceived, that’s what has come over me”. My life will never be complete without my Nina right by my side”.

I sat there drinking my hot java, sure that it will keep me up the whole night – a long night to ponder what I have just heard. Those words from Rich were inspiring yet prophetic of some heroic uphill struggle. I wonder if the “Pre-up Agreement” was some sort of advanced apology for an atrocious uphill slog that they were to embark in their life together. That is something for the future to unfold. But, that also places me in the best seat in the house. I’ll be watching this whole thing in the first row and learning, perhaps, what love should be all about. 

COST-BENEFIT ANALYSIS

If ever you hire a Trial Lawyer, one of the many things that you must have them do is a “Cost-benefit analysis” before you proceed. Litigation is an expensive undertaking that can be quantified in terms of total cost against the total anticipated benefit. The first question should be, “how much will it take to make this problem go away?” If your attorney does not have a well-formulated answer, then you should find another lawyer who has business savvy and could answer this for you. At the very least, they should be able to give you an educated guess. Statistically speaking, only 3% of all cases go to trial. The question is how much money does it take to finally arrive upon a mutually acceptable resolution. In certain cases, the amount unnecessarily balloons to more than the initial amount in dispute.

About two years ago, a friend of mine was looking for an attorney to help him with an issue he was grappling with. I sat in on a couple of their meetings and was astonished by the chest pumping, testosterone oozing approach that this one attorney took. With uncommon bravado, he said - “I’m a really aggressive litigator and I know most of the judges in the area. I was once a judge pro tem myself”. I was listening to this and thinking to myself, “that’s all great, but how much will this cost my friend?” Many of the attorney’s who practice law do not have real world business experience and have no appreciation for the financial aspect of litigation. Their goal is almost always to win and the cost becomes almost secondary.

Lacambra vs. First Team Real Estate et al is a perfect example of such buffoonery. By now, I suspect that these defendants have run up many thousands of dollars in billable hours and never once asked me, in good faith, how much will it cost to make this go away? The amount that they have been billed for has certainly exceeded the commission that they would have paid me in the first place. The funny thing is, it’s far from over. This case will be filed in Federal Court within a matter of days. So, how do you explain, as a lawyer, that the dispute has escalated to something this costly? And, further, how do you explain as a lawyer, that you will also be joining your client as a defendant?

This is one of a couple of actions that I wanted to consolidate and have motions already on calendar. But as discoveries have given me reason, I need to add another defendant (Countrywide Home Loans). Normally, the court requires a "request for leave to amend" just to add another defendant. That will take approximately 30 days to get the matter heard. Together with the motion for consolidation, it will take several weeks just to get this done. I did a “cost-benefit analysis” and discovered that it would be the best use of my resources in terms of money and effort to simply draft a new complaint that includes all the defendants.

So, the lesson is, choose your attorney wisely. There is no doubt that you will be depending on them for their legal savvy. But never forget that you hired them for their judgment and common sense. If they cannot find a way to resolve your situation without an adrenal show of their courtroom prowess, you're in trouble.

In the next few days, I will blog about my new front on the war against the “UNPROFESSIONALS”. I’ve developed what is called the “hurry up offense” which I will explain in future postings. The new theater of operations will be in the federal jurisdiction. (I say that because the courtroom is really a theater.) The advantages of the federal courts are numerous. One I am keen on is the rule that allows me to attest to serving my own papers. In Superior Court, it is required that you have someone else sign the “Proof of Service”. Another advantage is the acceptable use of a digital camera during a deposition. The expense of hiring a court reporter for my depositions, as is required in Superior Court, is simply cost prohibitive. So, as promised, we are going to have future episodes of “Robert’s Justice” on YouTube. The deponents can only hope that they’re photogenic enough. But my damaging line of questions will certainly fix all that. 

SEASON ONE ENDS ...

Today marks the first year of my adventure in the world of law. Exactly one year ago today, I filed the first complaint entitled Lacambra vs. Shea Properties et al. By the end of 12 months I would be engaged in 6 lawsuits. Never did I imagine that things would turn out the way it did. Of the 12 months previous, I have slept on a bed exactly 84 days out of the 365 days. The rest, save a couple of evenings under the open skies or a public bathroom at a park, a month in a motel and a little over a month at David's, I slept in the Chrysler 300M that my friend Jefferson loaned me.

So far so good, I am actually beginning to believe that I can become exceptional at this. I derive great satisfaction from what I’ve been able to do with what little that was available to me. In the world of motorsports there is a saying - there is a racecar driver and then there is a racer. The difference between the two is that a racer is able to squeeze the most out of the equipment and wins with inferior equipment. In that world of speed, things are measured in very minute increments - a tenth of a second here and a tenth of a second there until you are able to put together a fast lap. The idea is to be consistent every lap. In the end, it isn’t how fast your equipment (car) is but how fast you get around a circuit.

There were some very trying moments for me in the last year that I thought I couldn’t overcome. I found it useful to verbalize things in my head in terms that I could understand so the future can be viewed with optimistic lenses. For that, I sought inspiration from my favorite team in the world. There is no team in any sport on this earth that inspires me the way “Scuderia Ferrari F1” does. Their passion and commitment to their trade is all consuming that it is often said “Ferrari is Formula One”. Imagine conferring such praise to any other team in any sport and you will find the proposition ridiculous. When Ferrari F1 competes in certain circuits around the world, the effect of the team on spectators is nothing short of magic. Countless times on television feeds can the “sea of red ” be seen - fans in Ferrari colors covering entire portions of the track during victory celebrations. But even their wizardry – their expertise and technical prowess - was not immune to some very lean years. Before the recent re-emergence to winning form, Ferrari had to wait 21 Years to regain the “Driver’s Championship”. This occurred under the tutelage of Michael Schumacher who brought back the glory to their stables in 2000. Along those lines, I tell myself, losing is part of my chosen occupation and to win I must wait.

Year One was an incredible year for learning and confidence development. The first few times I appeared before a judge I was intimidated beyond explanation. My knees were sometimes knocking and my legs felt wobbly like spaghetti. There were times when my voice was trembling I hardly sounded like my own self. Fortunately, greenhorn moments like that no longer happens to me and I am able to comport myself in a manner that I hope is equal to the expectations of the courts and its judges. Although, I know sometimes, I fall short but it isn’t because of lack of trying.

So, what do I wish to accomplish in the next year? The answer is simple yet full of landmines, mazes, quandaries, confusions and dead-ends. It is my fervent wish to grow professionally, to conduct myself at the highest level and to win against my opposition by a wide margin every single time. The latter is the highest of imperatives because this engagement is still a laboratory experiment that I am conducting on myself. I am my own test subject. That’s what makes this whole thing fascinating, fun and sometimes excruciatingly painful.

I imagine myself in an amazing piece of purpose built machinery - senses muted by the high pitched sound of a finely tuned engine revving her heart out at 19007 RPM’s. Every turn and every corner is a rendezvous with punishing and unnatural forces of gravity. It is the region of fast twitch reflexes and thoughtless instincts. I imagine driving at the very edge – at the very fine line between the maximum limits of road adhesion and unimaginable calamity. Then, I somehow pull it off, the perfect lap on every single lap and in every single race - manifest and unequivocal – a perfect Championship Season.

Yestradamus 100708

A mound shall to the dual tongued creature yield

In its path devoured of infantile rapture

A journey from whence of east and landed west

On a tower leaves and branches set in stone

This is a challenging quatrain to decipher because of the reference to the dual tongued creature. Anytime that’s mentioned we are certain it is a reference to Robert Frost’s poem “A Road Less Traveled”. He wrote:

Two roads diverged in a wood, an I-

I took the one less traveled by,

And it has made all the difference.

In other words, there is a Y on the road and you have got to make a choice pretty darn fast. Well, it just so happens that’s exactly what occurred one afternoon on the 5 Freeway around the El Toro Y where the freeway splits between the 5 and the 405 Freeway. It was rush hour and the congestion was bumper to bumper. I was trying to get to the right lane to get on the 405 but all the lanes were packed with cars. On my right were a string of cars driven by teenagers who wouldn’t let me pass. So, I honked my horn and the one guy honked back. I honked back and then he honked back. Pretty soon a bunch of cars where honking at each other. I hadn’t planned on it, but it was almost like a symphony of horns on the freeway. It was an impromptu lesson in sociology - like when you are listening to someone speaking and one person claps and everybody else in the room claps along even though nobody knows what the person just said.

Anyway, I finally got to my destination to visit my friend whose wife had just given birth. This is where we get “infantile rapture”. The visit never gets any more awkward than that. It happens every time I go to the baby ward and I have to tell the parent, usually the father, that they have a beautiful baby. When, in fact, I can’t exactly make out what it looks like just right after the birthing process. You should wait a few days to visit because if you go on the birthday, the baby just went through one hell of a day.

The use of “east and west” on the same line is a reference to the concept of “yin and yang”. This is a tricky concept like sweet and sour pork. It’s good but probably not healthy for you, even if you eat it with chopsticks. You may feel that you are eating less by eating it with two difficult to control sticks instead of a fork. But if you finish the whole serving then you really didn’t eat less but actually more than you think.

The word “stone” that appears at the end of the quatrain is a reference to a not so commonly used British unit of weight equivalent to 6.35029318 kilograms. Converted to pounds, it weighs exactly 14 pounds. The number 14 is also the atomic number for Silicon, which has the chemical symbol of Si, the Spanish word for YES. We did research and discovered that the crystal structure of Silicon is Diamond Cubic, which in itself is a contradiction in terms – “Diamond” meaning the real thing and “Cubic” (Zirconia) meaning the imitation. So, once again, we are back to “yin-yang” – hard and soft. But the proper translation of “yin-yang’ is “Harmony”.

What the Yestradamus is finally saying is strive for more “Harmony”. I completely agree with him. Who in this world couldn’t use more money? I know, I do!

(Analyst 147X)

Blu Blax Blan

Last Friday’s hearing on my “Motion to Vacate Judgment” that I filed against Shea Properties et al was denied by Hon. Kazuharu Makino. The tentative ruling was posted on the internet the day before and comprised of the following verbiage:

(07CC10666)

LAMCAMBRA VS SHEA PROPERTIES

P Motion to Vacate Judgment DENIED. Judge Monarch was not a “temporary judge” as defined in CRC 2.816. Also, his ruling was not erroneous.

The original ruling in question was handed down by Hon. Robert Monarch, which effectively terminated my action against Shea Properties. In my moving papers, I alleged that the hearing violated the CA Rules of Court, Rule 2.816 and that the ruling, an Anti-SLAPP Motion was erroneous. My opposition papers argued that the Defendants failed to meet the standards required to prove that my action was any of the following:

• The lawsuit seeks to stifle free speech.
  
• The lawsuit was meritless and had no probability of succeeding.
  
• The lawsuit was used to primarily deplete the defendant’s resources.

It is my view that the “Anti-SLAPP Motion” was a stretch and an abuse of judicial procedures in that I am an indigent litigator incapable of bringing the financial ruin of the Defendants. Moreover, it was my very intention to use free speech to advance the open discussion of the issues that gave rise to this action. In no time since or now am I of knowledge that the Defendants are of any political views that may be harmful to my ventures.

Up until the point where Judge Monarch presided on the “Anti-SLAPP Motion” hearing, all and every “Law and Motion” hearings were presided and ruled on exclusively by Judge Makino. So, it is my contention that Judge Monarch was a temporary judge and therefore subject to CA Rules of Court, Rule 2.816.

As in any enterprise that tries to advance individual rights, the journey is a long and an arduous struggle. This is one such adventure. Judges are imperfect and subject to the vagaries of human relationships and friendships. Judge Monarch serves in the same court with of Judge Makino whom out of allegiance may have erred on the side of his colleague. Of course, this is conjecture which I will nonetheless put to the test by bringing an action against the Superior Court of California in the Federal Jurisdiction. I will call this war Blu Blax Blan (pronounced Bloo Blacks Blan). But, unlike the notorious cross burning group that wore white robes, the individuals responsible for these deprivations and erroneous rulings wore black. 

Links:

Explanation of “Anti-SLAPP Statutes” 

ROBERT’S “Opposition to the Anti-SLAPP Motion” 
ROBERT'S "Motion to Vacate Judgment" 

Harvard Law vs. Homeless Law

Lacambra vs. First Team Real Estate et al

There was a hearing yesterday on a motion filed by First Team et al for sanctions and to terminate my case. To my great distress, there were two previous depositions that I have failed to appear on. The first deposition ended up as a no show because the opposition had sent papers to an address they knew I was evicted from. The papers eventually arrived but were delayed considerably. On the first motion, Judge Honer sanctioned me to pay $120.00 and ordered me to appear at the offices of Thomas Lucero, Esq. of Manning and Marder in Los Angeles on the 31st of August 2008 at 10AM.

Complying to Judge Honer's order, I had planned to take the train from OC to LA on the 30th of August and sleep at the train station so I can be on time for my deposition. On the 29th of August, an earthquake with the magnitude of 5.4 was felt in the LA Region disrupting train services. For most of the day, the Metrolink website was flooded with viewer requests that the website only had the message “Come Back Again Later”. Uncertain of train service the next day, I changed plans and decided to take the car instead. Any other day that would have been a simple enough task. Unfortunately, that day, I didn’t have enough gas. The Google Map showed a roundtrip of 110.4 miles. At the prevailing gas prices then of $4.10, I had to come up with $30.18. With that plan, I immediately sprung into action and went around different churches and organizations but was declined in all instances because of lack of resources. I even went to a place called “Save Our Selves” (SOS) in Costa Mesa, CA who are recipients of “benevolent dollars” from churches. There too my request was declined despite showing them a “court order to appear”.

On the afternoon of the 30th, I phoned Thomas Lucero, the Defense Counsel for First Team et al and explained my situation to him. My desperation prompted me to ask him to send money, to which he replied, “we’ll send you money if you drop the case”. Naturally, his offer was declined. Before the end of the conversation, I pointed to him that it would cost his clients more money to file a motion rather than send me money.

The hearing for “Motion for Terminating and Sanctions” was presided by Hon. David McEachen. One issue raised by the opposition was the fantastical claim that the First Amended Complaint (FAC) has not been received by First Team. To contradict that claim my opposition papers included three separate “Proof of Service”. I explained to Judge McEachen that the FAC has already been sent. To my great relish he replied, “I don’t doubt you”, implying in effect that the opposition was lying and offered the opposition to get a copy from the clerk’s office. In the end, as mandated by law, Judge McEachen gave me 10 days to comply with the opposition’s request for documents, response to interrogatories, request for admissions and a deposition. The order was to have all these done by the 9th. I agreed to appear at their offices in LA with all the documents at hand.

If that story wasn’t amazing enough, consider that I have been waging my fight without money and as an indigent. The original Defense Counsel on this case was a seasoned attorney by the name of Fredric W. Trester . I suspect that I was troublesome enough to him on some of my opposition papers that I was passed on to one of their top guns – a Harvard-trained attorney by the name of Thomas Y. Lucero . Given my situation, they should have dispatched me a long time ago. But, here I am - still standing. If this gets in front of a jury in Santa Ana and it likely will on the 17th of November, someone will have to pick up chunks of the opposition from the courtroom floor because I will absolutely obliterate them.  Someone will have to explain how an obviously gifted attorney trained by Harvard Law School ended up with the big “L” (LOSER). But the most annoying question that he will grapple with for the rest of his life is this: “Why didn’t you settle the case with that homeless guy named ROBERT?”