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)