Many of the lawsuits that are now in the process of being transferred to the US Courts (Federal Jurisdiction) may include my children as Plaintiffs when it is re-filed. The legal system does not permit minors to initiate legal actions in court. However, February 5th this coming year marks my daughter Ashley’s 18th birthday making her an adult and by law possessed of legal capacity to bring a legal action to court. Apart from the fact that I am an indigent, both my children are minors which partly explains why the refiling has been delayed. One question that I will pose to my daughter when she turns 18 is if she might consider participating in the lawsuit as a Plaintiff. Many of the actions that I have brought to the Superior Court have aggrieved my children just as much as I – depriving them of their individual rights and causing them considerable physical and mental anguish. Based on available statutes, they can wait until they turn 18 years old to file a case without fear of it being barred by the statutes of limitation. Certain theories in law provide for “equitable tolling”. The Law Dictionary defines “tolling” in this manner:
TOLL v. 1) to delay, suspend or hold off the effect of a statute. Examples: a) a minor is injured in an accident when he is 14 years old, and the state law (statute of limitations) allows a person hurt by negligence two years to file suit for damages. But for a minor the statute is "tolled" until he/she becomes 18 and decides whether or not to sue. Thus the minor has two years after 18 to file suit. b) state law allows 10 years to collect a judgment, but if the judgment debtor (party who owes the judgment amount) leaves the state, the time is "tolled," so the judgment creditor (party to whom judgment is owed) will have extra time to enforce the judgment equal to the time the debtor was out of state. 2) a charge to pass over land, use a toll road or turnpike, cross a bridge or take passage on a ferry.Many things have happened in the last 12 months. The most important and the one that we are most proud of has to do with the filing of the McLain v Golden Rain Foundation case with our friend Roy. That particular case has far reaching implications on the way retirement community by-laws are developed and passed that we feel society will benefit from it immensely. The action hopes to create systems that include having laws crafted that protect the retirees from irresponsible and negligent governance by their homeowners associations. We are very pleased to be a part of that action and hope to affect change in that area in the near future.
The biggest set-back of the year was certainly losing my car - the '98 Chrysler 300M - that for many months served as my home, my storage unit and music room. It was towed away by the OC Sheriff’s Department on the 9th of June for expired registration. The car was given to me by a friend who neglected to sign the pink slip over to me. I wasn't able to register it properly without his conveyance. Prior to the towing, I was searching for him but could not find him. The last time I heard he went out of the country. From that moment on I was literally living on the streets. It may have been sheer luck that the weather has been cooperative. But that will soon change as winter rolls in and we will start getting rain. Living on the streets isn’t as bad as I thought it would be. The phrase “sleeping on the streets” is a more apt description, as the situation requires some sleep when it gets dark. There are many places that one can now go to escape the elements. There is a “Subway Restaurant” that is open 24 Hours located right in the heart of Aliso Viejo. The Neighborhood Cup opens at 6 O’clock in the morning. Barnes & Noble does not close until 11PM. The Aliso Viejo library opens at 10 and does not close until 9PM during weekdays. They have short hours during on weekends. So, staying indoors can be done quite successfully.
When I was still in the selling profession, I created visuals to motivate myself and create potent and actionable goals. One year I was able to make capital purchases with hard cold cash. I once purchased a brand new and fully-loaded ’97 Isuzu Rodeo SUV with cash when my children were still very young. I even built a tuner car in 1998 and paid for everything with cash. Such is the power of the motivated mind. If you can place yourself in a compelling place somewhere in the future and your heart and mind are convinced it is attainable, you will find a way. It has to be vivid enough so the mind has a reason to overcome the obstacles and the heartaches that are inevitable. I have a dream/goal that is easily attainable if I were back in the selling profession. I just need to figure out how much units I have to sell in relation to the money I need to make. It’s a different story altogether if I were to try to do it in the field of law. Nevertheless, my dream/goal is compelling enough that I am never of lack of motivation. One material goal I have is simple. I see myself in a small Italianate detached home with a three-car garage. In the garage will be three brand new vehicles – a Red MX-5 Miata, a Pearl White Mazda 5 and a Blue Mazda CX-9. I have had that dream for about 3 years now and it has only intensified.
There are many other dreams for my children, my career and my future family. I have even found the perfect and the only woman who is equal to all my lofty dreams. She’s the one that I’ve been saving myself for (haha!) as I cannot imagine sharing my dreams with anyone else. She’s also, quite easily, the person who has kept me in one whole piece when everything around me seems to wish that I did nothing but crumble. She knows nothing about my feelings about her. They say timing is everything and the timing right now is horrendous. Until my situation gets substantially better, it will be a wonderful dream. The thing is, when every thing is taken away from you, you had better find a dream that can sustain you because if you don’t you will find yourself in a whole world of hurt. Fortunately, my dreams could not get any grander. My life is awesome that way.
The Third Season of RobertsJustice begins now …
