Robert's Battles

I've started making a catalog of all the actions that I am currently involved in. You can find it on the right side of this page entitled "ROBERT'S WARS". I'll have to do it by installment over the next few days. I am currently swamped with work producing responsive and moving papers that I need to file this week. There will be more battles in the future. Unfortunately, I can only publish cases that are already on docket. To write about a lawsuit that will be filed in the future against a Defendant could be grounds for a "defamation suit". To prevent such an action being leveled on me, I will refrain from doing so until the case is filed and in the public domain. 

Pirates Consolidated ...

Lacambra vs. Public Storage

Last Friday I appeared before Hon. David Chaffee on a motion I filed to consolidate the two actions with the same parties – one in Santa Ana, CA in the Unlimited Jurisdiction and another one in Laguna Hills, CA in the Limited Jurisdiction. I knew that the case would ultimately be consolidated and arrived at the courthouse confident. When I got there, the “Preliminary Ruling” was already posted for my review:

30-2008-107467

Lacambra VS Public Storage

Motion to Transfer and Consolidate Cases

Moving party is correct that the two cases do involve the same facts, law and witnesses.  Judicial economy would be served by combining the two cases.  However, Moving Party will need to explain why this case should not be transferred to the Harbor Court limited jurisdiction panel.  Given the allegations of the Complaint, how can this case be worth $25,000? 

The differences between the two courts are based on the amount of damages sought. Limited Jurisdiction is up to $25,000 and everything over that amount is usually presided by the Unlimited Jurisdiction. So, I stepped outside and prepared my argument to answer the question: Why is this case worth more than $25,000?

At the hearing, I explained to Judge Chaffee that I had three reasons. First, that I was seeking Punitive Damages entitling me to an award approximating 1/3 of the Defendant’s net worth. I pointed out that Public Storage is a Fortune 500 Company. He corrected me and explained that the limits are up to 1/6^th of the net worth. Second, I told him that I would eventually seek “Class Action Status” recognizing that many other renters such as myself were certainly aggrieved. Third, I said, that because I was a Pro Per Litigator (self-represented), it would serve me best if I was protected by stricter rules and evidence standards provided by the Unlimited Jurisdiction. 

Before adjourning, Judge Chaffee ordered the Defendant to serve notice of the ruling. My understanding was that the case will be consolidated at the Unlimited Jurisdiction but will wait for the formal ruling after Judge Chaffee reviews all the papers from the other court. 

Hydrogen

September 8th is a very special day for me. Many important things have occurred on this date. On the same day in 1993, I founded a company called Capital America Corporation, a mortgage company that specialized in providing mortgage financing to entrepreneurs and self-employed individuals. I managed and operated that company until my divorce in December of 2002.

On the same day in the year 1996, my life was made the better by the arrival of my son, Nelson Warren Lacambra who celebrates his 12th birthday today. To all his close friends and relatives he goes by the nickname Boo2 (pronounced Boo-Boo). Happy 12th Birthday, son.

To continue with the tradition, I wish to announce the founding today of "HYDROGEN LACAMBRA", an organization whose goal is to advance hydrogen based technologies to power industry, communities and transportation - to try to wean America from its dependence on foreign oil.

A couple of years ago, Nelson expressed his desire to study at the U.S. Naval Academy in Annapolis and become a Naval Officer. Fast forward many years from now and global petro-politics has gone dirty and ugly and some third world punk from an oil rich country says that he will take over the "Strait of Hormuz" and cut off America's oil supply. It has always been this country's policy to protect its access to oil and will not stand for that kind of nonsense. I'm a little too old to sign up for boot camp even today. But, chances are my son will be stationed somewhere and will be ordered to diffuse that situation and/or protect the nation's interest. A highly volatile situation like that can always escalate to something out of control requiring naval projection of the nation's military might. Here's a way to mitigate that - let's find a way to develop our own energy source independent from the increasingly competitive and unpredictable world of global petro-politics.

I am a passionate Motorsports Enthusiast. One of my lifelong goals is to go to Circuit De La Sarthe in Le Sarthe, France and race in the 24 Hours of Le Mans. I want to campaign a self-funded privateer race team and win our class outright using a hydrogen-powered car piloted by my son Nelson, my daughter Ashley and myself.


I dedicate this effort to my children - my babies - whom I hope never see a day of war in their life.

Yestradamus 090708

From the embers of Homiscius and Bumipheus

a flash of fire, a storm of earth and shriek of wind

a change immense and consequential

One Hundred pebbles in a calming stream

This quatrain reminds me of one unforgettable summer in the early 80’s. It was a hot day and I rode my beach cruiser down the beach without my shirt on. In those days, my v-shaped physique allowed me such vanity to the whistling and hollering appreciation of Southern California chicks. Unfortunately, these days I’d be happy if the babes would just smile at me. I noticed that when I stand up straight, I couldn’t even see my feet anymore because my belly is in the way.

The phrase “embers of Homiscius and Bumipheus”, is a transliteration of “Member of the Fraternal Order of Homeless Bums” (MOFOHOBU) whose membership only requires that you can pose the following question in a polite and dignified manner: “Sir/Madam, can you spare me some change?”

That year, Sony had just released the Walkman and I was listening to a tape recording of Earth, Wind and Fire (see second line) singing:

“Do you remember, the 21^st night, September?

Love was changing the minds of pretenders.

While chasing the clouds away.”

The only thing was, I wasn’t chasing any clouds away but a homeless bum who had ran away with my beach cruiser I named Bella that I bought at a flea market. By the time the chase got on the asphalt road, my feet got busted up because I was running barefooted. The bum had gotten away. I was completely bummed out!

Later that evening, on my way home I saw a group of what appeared to be locals having a bonfire at the beach and approached them. Darkness had descended but I recognized the bum I chased earlier sitting by the fire with a bottle of Vodka just about to take a swig when I took his bottle. “Where the hell is my bike, you dirty bum?”, I asked. He looked at me and said nothing. I asked him again and again. But no reply.

One of the elders of the group approached us. He had overheard what I was asking the bum and explained that the reason the man wasn’t answering me was because he was mute. “Mute?”. “You mean, he can’t talk?”, I asked. "Yes", he replied. Then he said, “Friend I would guess that he had hocked your bike at a Pawn Shop so he can buy a drink. There is only one Pawn Shop around here. Wait until the morning and you can get it back. But while you are here, join us, we are all here trying to forget our problems”. I was exhausted and was feeling pity for the man that I just walked away and took a drink from his bottle; the bottle that was purchased with my bike.

Here’s what I can tell you about Vodka. I have been around the world and drank some interesting drinks. “Veergin: That’s Beer mixed with Gin”. “Gin-wine” (genuine) – that’s Gin mixed with Wine or “Mountain-Gin” – that’s Mountain Dew mixed with Gin. But Vodka that is made from Potato when drank straight up, you’d better have a couch to settle in because you’ll end up more than a couch potato. Everything the next morning was a blur, like the morning after a college frat party.

Analyst 147X

TO BE CONTINUED 1 OF 2

For Carmichael ...

Right after I was evicted in February, I found myself in Laguna Beach and stayed at the America’s Best Inn for about a month. At that point, most of my personal belongings where already in storage. I made the disclosure to the manager that I was effectively homeless which required that I pay the full amount in cash and in advance. The second month I was there, the manager and I made a deal that gave me 10 days to raise cash for a 30 day rental extendable from month to month. She was aware that I had to sell some of my personal property to be able to pay in cash. Most motels usually take payments at the end of the guest’s stay. But because of the special circumstances I was in – an indigent - a cash payment made her comfortable. Unfortunately, something went wrong and she was countermanded by the owner.

On the 9^th day, and in complete violation of an agreement I personally made with the manager, the owner arranged for my early departure/eviction. In all, the lawsuit named three causes of action including Fraud, Negligence and Intentional Infliction of Emotional Harm and alleged violations of CA Civil Codes Section 1863 and 1865, which provides:

1863.  POSTING OF STATUTE AND RATES

(a) Every keeper of a hotel, inn, boardinghouse or lodginghouse, shall post in a conspicuous place in the office or public room, and in every bedroom of said hotel, boardinghouse, inn, or lodging house, a printed copy of this section, and a statement of rate or range of rates by the day for lodging.

(b) No charge or sum shall be collected or received for any greater sum than is specified in subdivision (a).  For any violation of this subdivision, the offender shall forfeit to the injured party one hundred dollars ($100) or three times the amount of the sum charged in excess of what he is entitled to, whichever is greater. There shall be no forfeiture under this subdivision unless notice be given of the overcharge to such keeper within 30 days after payment of such charges and such keeper shall fail or refuse to make proper adjustment of such overcharge.

1865.  RIGHT TO EVICT GUEST

(c) In addition to, and not in derogation of, any other provision of law, every innkeeper shall have the right to evict a guest in the manner specified in this subdivision if the guest refuses or otherwise fails to fully depart the guest room at or before the innkeeper's posted checkout time on the date agreed to by the guest, but only if both of the following conditions are met:

(1) If the guest is provided written notice, at the time that he or she was received and provided accommodations by the innkeeper, that the innkeeper needs that guest's room to accommodate an arriving person with a contractual right thereto, and that if the guest fails to fully depart at the time agreed to the innkeeper may enter the guest's guest room, take possession of the guest's property, re-key the door to the guest room, and make the guest room available to a new guest.  The written notice shall be signed by the guest.

This is an interesting case because of what this will allow me to do if I meet my goal. Around the first week of March, I witnessed an accident while on a bus. The victim was homeless and a handicap. I started doing preliminary research about what I witnessed and have found a compelling case. I can’t give out the specifics on this blog because it will tip the Defendant of my plans. But I did promise the homeless man – Carmichael – that I will take him off the streets and when I know that he is safe we will pursue his case. So, I hope that this motel tries to settle early because my analysis shows me that it makes economic sense to settle. If they do, I’ll ask that they provide a place for my homeless friend. Then, Carmichael and I will file suit to compel a very important public transportation agency  to provide better services to handicapped individuals.

The Devil is in the detail ..

I was finally able to file the “Motion to Vacate Judgment” on the Shea Properties Case. The matter was placed on calendar for the 3rd of October – exactly a month from today. I was wrestling with the decision of whether I should move the case to a Federal Jurisdiction or just keep it at the Superior Court. In the end, the iconic case number – 07CC10666 – won out. It has such an interesting numerology for branding and marketing opportunities that it seemed a mistake to move it. I was thinking of getting some shirts silk-screened and came up with some preliminary ideas:

I”M BATTLING THE DEVIL IN THE SUPERIOR COURT

O7CC10666

I’M PERFORMING AN EXORCISM IN COURT

07CC10666

DEVIL BE DAMMED, I WANT MY RIGHTS

07CC10666

THE COURT AIN’T THE PLACE FOR THE DEVIL

07CC10666

YOU CAN GO TO HELL

07CC10666

We’ll get some interesting ideas about this the next few days and I’ll post some more of these taglines. Who knows maybe it will morph into something big. 

Baby Boomers ...

There are a number of individuals who frequent the AV Library. But there was one individual in particular who caught my attention some months ago. I was already deeply engaged in all my lawsuits and was looking for others who are in my same situation. From time to time I would notice this retiree reading the CA Statutes and Code - books that are usually only used by legal professionals and are distinct in its deep blue cover. At first, I thought perhaps he was a retired lawyer or a retired professor of the law. He had such a demeanor to him that gave me that impression. Finally, one day a few months ago, I saw him at the Santa Ana Public Law Library at one of the tables with a number of books open in front of him. After seeing him for many months at the AV Library without even saying hello, I approached him to introduce myself. That was how our friendship began.

His name is Roy and he lives in a retirement community in Laguna Hills called “Leisure World”. After several informal meetings with him, I came to understand why he was doing legal research. One time he invited me to his house to show me stacks and stacks of documents, copies and other literature that he had gathered himself implicating “Board of Directors” of his community in a number of illegal acts.

There are two things I look for in people: “Passion” – having something you care deeply about and “Courage” – having the ability to do something that frightens you. Roy lacked neither. He told me about one board meeting where he brought his grievances to the public and was later accosted by security officials who demanded that he leave. Generally, people his age would be averse to anything remotely resembling a fight. Yet, there he was spending his time and energy preparing what is now surely developing into a Federal Case based on HUD Statutes and the violation of his Civil Rights.

I found his case fascinating. A huge block of our population, 78 Million, born between 1946 and 1964 called the Baby Boomers is now retiring in droves. Some statistics I’ve seen shows that every 10 seconds a Baby Boomer turns 60 years old. Many of these individuals will be moving into retirement communities not unlike Roy’s and have their rights compromised if not outright violated. The action that we are now preparing will prevent many of these things from happening in the future.

I’ll establish a page on this blog that catalogs all the actions that I am involved in. I’ve resolved to participate in cases like Roy’s and others that have the distinct power to make changes in our society. I’ll post that page before the end of the week.