New Year, New Laws - 760 of them in California

In June of 2010, Gov. Jerry Brown of California signed a bill that required internet-retailers to collect taxes from sales transactions. Immediately after, Amazon.com sent messages severing their ties with approximately 10,000 sales-associate partners so they could not be forced to do so.

When I saw a Facebook post about some 760 new laws taking effect on the first of the year, I wondered what it might do to the economy. It sounded excessive. So, it made me curious enough to go through official sites to see what all this looks like on paper. Objectivity was important, however. I could not develop an objective view unless there is context. A gallon of water in a kettle is one thing. A gallon of water in a vast ocean is another. What California has going for it is that it remains an economic power. What it does not have going for it is that many companies are leaving the state.

QUICK FACTS TO CONTRAST CALIFORNIA
CALIFORNIA - the 8th largest economy with a GSP of $1.91T
ITALY - the 7th largest economy with a GDP of $2.24T
RUSSIA - the 9th largest economy with a GDP of $1.89T

It is true. If California were a country, it would be the 8th largest economy in the world with a Gross State Product (GSP) of $1.91T. It would place right below Italy, which has a GDP of $2.24T and right above Russia, with a GDP $1.89T. Yet, with all it’s attributes, companies have been leaving for states that are perceived to be more business friendly.

High profile departures of companies in the last three years show the unique challenges that the state grapples with. On one hand it has a pool of highly educated workforce and an advanced infrastructure to support commerce. On the other hand, the state has burdensome taxes and regulations that tend to stifle businesses. Some even claim that the legislature is broken.

Many business owners and executives that have packed up for other states point to the high cost of doing business in the sunshine state. The exact number of departures are elusive because no current and dependable data is available to determine how many companies have actually left the state. Some may have closed. But the trend is clear and could not be ignored, because a percentage of employees who do not move with their companies also end up on the unemployment registry.

A survey taken by Chief Executive.net of 500 CEOs around the country ranked California #50 - as the worst state to conduct business in the entire country. The author said that the poll “considered a wide range of criteria, from taxation and regulation to workforce quality and living environment.”

Another study was recently published by Forbes Magazine ranked California #39 on their survey of the best and worst states to do business in. It took into consideration six different metrics, including costs, labor supply, regulatory environment, current economic climate, growth prospects and quality of life, compiled from several sources including data sets prepared by Moody’s.

The list of bills passed were as eclectic as could be expected. There were budgets, elderly laws and updates on traffic laws, to name a few. Have a look:

THE 745 NEW LAWS THAT TOOK EFFECT ON JAN. 1, 2012

OTHER ARTICLES:
LA TIMES - AMAZON.COM DUMPS 10,000 CA ASSOCIATES
LA TIMES - 760 NEW LAWS IN CALIFORNIA
FORBES - WORST & BEST STATES TO DO BUSINESS
CHIEF EXECUTIVE - BEST & WORST STATES TO DO BUSINESS

A Challenge to Harvard Law School

I'd rather entrust the government of the United States to the first 400 people listed in the Boston telephone directory than to the faculty of Harvard University. (William F. Buckley, Jr.)

We at ROBERTS|JUSTICE follow a number of Twitter accounts from law schools, law professors, universities and legal personalities. Just before Christmas, we saw this tweet come through our stream. The attached link brought us to a compilation of clips entitled Harvard Stories prepared by alums and students who spoke about their experiences during and after their attendance at the prestigious university. Here’s what the tweet said:

What’s it like to be part of the @Harvard community? Students, alum, faculty & staff at stories.harvard.edu

To me it was an interesting invitation not for the reasons they had intended, but because I have once been opposed by a Harvard-trained attorney (Thomas Lucero) in a case entitled Lacambra v. First Team Realty. I felt then as I do now that if I had a fraction of the resources available to his firm (Manning & Kass), I would have defeated him in court - resoundingly. I filed a case against his client right before I became homeless. Immediately thereafter, I was served with a number of documents and requests that I wasn’t able to respond to. For instance, I was not able to attend a deposition at the firm’s Los Angeles office because, literally, I hadn’t the means to get there - 60 odd miles away. Throughout the case there were no substantive issues decided, only victories by technicality and default. In fact, all he did was throw resources at the case - he papered the indigent litigator.

So, given their very illuminating clips, one must ask - Is that what Harvard Law really produces? If not, then we must know and they must accept my wager.

Harvard University has a reputation for producing some of the best and brightest minds in this country. Often times that reputation is not an accurate appraisal when one considers they usually solve problems only because they are surrounded with the best - people, tools and resources. Not everyone can confront problems in such a manner, with considerable resources that graduates from Harvard are able to marshal. Clearly, not everyone can go to Harvard simply because not everyone can - financial reasons being one of them. And the school, with it’s considerable resources have the incentive to make sure members of their alumni succeed, at the dear cost to those opposed to one of their own. So, I make them this wager. And I will use a saying in the world of motor sports about the racing life to frame my point.

There is an appreciable difference between a race car driver and a racer. A race car driver wins only when they have good equipment. A racer, on the other hand, will win even when their equipment is bad.

Hence, I would like to put the Harvard Law training to the test. I would bet that if I had a little more resources, I could beat one of their own. My needs are not much and I will continue sleeping under the stars. I simply I need what is required to refile and try my cases. Here’s my list:

• A multi-function printer
• A digital camera
• A supply of legal supplies - paper, trial binders, folders, etc
• A used van, primarily for storage
• A presentable set of clothing for the courts

As my earlier blogs have mentioned, I am subject to an FBI operation, NOT AN INVESTIGATION. Anything that is given to me I am particularly suspicious of. That means, I must purchase the equipment myself. If the Harvard Community wishes to partake in a little sport, meet me at the AV library, where I occupy one of the tables as my office and present me with verifiable credentials. We can go to the local office supply store together and get what is required.

I hear Harvard University prides itself in the best educational programs and research labs anywhere in the world. How would you like to learn from a homeless litigator? I could teach you things, you may not have known was possible. Besides, we want to know - Is Harvard the best, or simply the oldest?

A SHORT CLIP ABOUT A HARVARD BUM
VIEW HARVARD’S ALUM VIDEOS
VIEW THOMAS LUCERO’S SITE
VIEW MANNING & KASS’ SITE
VIEW IMAGE OF HARVARD LAW’S TWEET

A Deputy's Warning (on behalf of the Cup)

Litigation is the basic right that guarantees every corporation its decade in court. (David Porter, US Naval Officer)

As a general rule, people are not allowed to camp-out anywhere in the City of Aliso Viejo. But even homeless individuals must have a place of their own. Some of the indigents in the city have constructed elaborate dwellings with tents and scraps of discarded materials. They've built their homes in hard to reach places - close to a creek or a place where tall faura are in abundance to hide them from plain view. Some locations are so discreet that they are able to leave without worrying about losing their personal belongings. Many more live in cars that they park at a local WalMart or Vons Market at night.

Unfortunately, an elaborately constructed tent-cave or a car is not in my portfolio of holdings. I have a sleeping bag stashed in a conspicuous location. Depending on circumstances and the weather, I usually go to one preferred spot for my evening rest. A deep sleep is not anything that I can expect anymore. All I get is rest and copious amounts of caffeine to get me alert and awake the next day.

A number of individuals actually know that I go there at night, either by my own admission or by them seeing me there. There are a couple of reasons why I chose that spot. First, aware that I am a subject to the FBI’s operations I have taken precautions to insure ordinary people are not easily swayed by the stories that the FBI have concocted.

I have known of their attempts to make me appear like someone that I am not. One of the profiles that they are trying to build up is a male prostitute like those desperate runaways that we read in the news. Off course, I am not anything like that. In fact, I have frustrated many of their “UN Women” that as a fallback they are now fabricating a profile of a homosexual. It’s actually funny. I sleep where I do because it is impossible to entertain people there at night. It is almost in the open and subject to people’s view.

Early in the morning at around 530AM, I heard footsteps and saw the familiar shine of a flashlight - distinct from car headlights because of the very fast almost twitching motion it creates when the individual carrying it is walking. It was from a member of the OC Sheriff’s Department. “Robert?” one of the deputies asked - a sure sign that I was reported by someone else. “Yes”, I replied, removing the blanket I wrap around my head. “What are you doing here”, the second deputy asked. “I’m homeless and I am sleeping here”., I replied. “Do you know that you are not supposed to be here?” “Yes”, I retorted. “We’ll you’ll have to either go or we’ll have to take you to jail”. he said. “Do you really want to take me to jail?”, I asked. “I don’t want to. But, if I had to, I will”,  he shot back.

There was a discussion about a homeless shelter in Laguna Beach and other cities that would let me stay for the night. It was close to daylight so the point was moot. But I inquired about how I may be able to get there without a car. No answer. One of the deputies also told me he was aware that I’ve been sleeping outdoors for six years. Four years, I corrected him. Then, we broached on the idea of throwing me in jail. I have thought about this before, because this was not the first time that I have been threatened with incarceration. I told them that I would rather go to jail.

Why would anyone want to go to jail? I hate to admit it, but it will get my cases through the courts faster. I will have storage for my case files, food so I wouldn’t go hungry, access to a law library, my filing fees will be waived and my belongings wouldn’t be open season to the FBI disruptive operations. If you are not aware, I am down to two bags of belongings. All my case files and documents have all been lost. My Mac 4G was stolen and with it were all the attorney product work and discoveries that are virtually impossible to recreate.

The next line of questioning was surprising and disturbing. “Did you know that you are banned from the Neighborhood Cup?”. “Yes”, I replied. I also told them that I haven’t spoken to the owner but need to see him to serve him papers. He warned me that if I were to enter the place, I will be brought to jail. Then, they turned and left. I rolled back into my sleeping bag and tried to get some more rest. The question lingered, why did the new owners of the Neighborhood Cup go to these lengths. Are they assets of the FBI?

Isn’t that interesting, though? Two blogs ago, I boasted that I was welcome to just about every establishment in the city. Then, I get banned from the Neighborhood Cup, the place that served as my office for about 4 years. They (the FBI) must think they have chalked up a victory. If they did, that will prove to be a serious mistake.

That is why I am an indigent litigator! It’s actually quite invigorating. You’ll never know what will happen next. All I have to do now is invite members of the press to have coffee with me at the Neighborhood Cup. They could film the OC's finest haul me away in handcuffs.

Who is not ready?

Robert Banned from Neighborhood Cup

As the situation in the Middle East devolves into some very serious military saber-rattling and a stand-off, a smaller and more comical version of the Strait of Hormuz incident presented itself to me this morning.

I moved to the library atrium right after finishing my coffee at the Neighborhood Cup. It was turning into a gorgeous day, seeming to invite me for a look at a different scenery and to step out for some fresh air. There is a lone corner table that many library patrons regard as the prime spot in the entire outdoor portion of the Aliso Viejo Library. I’m usually one of the first to arrive there, so I was able to stake it as my office for the day. Little did I know that I would be a sitting duck for the first salvo of disturbing yet comical version of the fast brewing and escalating conflict between myself and an Iranian guy named Alex.

Some months ago, there was an incident I wrote about involving a skirmish that we had in the Neighborhood Cup. I refer to him in such a way because that is all I know of him. He is bald and always wears sunglasses, even when indoors.

READ ABOUT THE INCIDENT ON APRIL 4th, 2011

It’s been many months since that incident. However, neither one of us have moved out of the city, and on occasion he would do things to try to agitate me. My usual seat at the Neighborhood Cup faces a foyer, partitioned by a clear three-quarters wall size window. This gives me a clear view of people walking through the place. On several occassions, he would walk past me with a menacing look. Once, he muttered the phrase, “f*** you, mother f****r” at me - inaudible because he was outside but clear to anyone who could read his lips. Timing is everything. He always does that when I haven’t the time to engage him in his juvenile behaviour. Besides, I’ve already devalued him to a low-life who would instigate trouble and call the cops the first moment he gets in trouble. So, he mistook my passiveness for weakness. That was a mistake.

The atrium has an entrance from the library foyer. And that was where he entered. I was busy going through the news of the day and following up on my research, completely immersed in my work when he interrupted me.

"Hey, how are you doing?", he asked in a sarcastic manner.

"I am not talking to you", I replied.

"Why? The cat cut your tongue?" even more sarcastically.

"You got a problem?" I asked. Then, I stood up. “Now we’re outside, come on you mother ***ker”, calling him with fingers of both my hands raised, with my voice stern and combative.

It didn't even take a moment. As I had expected, he turned tail. He turned around and said, “I’ll call the cops. You threatened me.” as he walked inside the Neighborhood Cup. I stayed outside for a little while waiting for him. Finally, I saw him talking to Rhonda, one of the servers on staff at the Cup that morning. I stepped inside and I called him. “Get over here”, I said - motioning him to go outside so we can finally settle our dispute. He wouldn’t, so I went inside and shared my version of the story.

I explained that I was sitting quietly outside when he walked into the atrium. Clearly, he had nothing else on his mind but to provoke me into a fight. My purpose for entering the Cup was to explain my version. I had no intentions of having a fight inside. It’s one of my favorite places in the city. I may have been a little louder than usual, but it couldn’t have been any louder than the moments when regulars engaged in a heated debate. So, when Melanie ushered me outside, I was more than compliant.

She eventually spent a few minutes outside with me. “Don’t go down to his level,” she said. She wasn’t aware of the incident that happened months prior, but tried to appeal to my good senses. Later on, one of the regulars who witnessed part of the incident, Brian, went outside to inquire. I told him that we had a history that went back several months and we finally hit the boiling point. Brian said that he was surprised because it was “uncharacteristic” of me.

I later left my computer with Brian so I could make a quick trip to Del Taco where I purchased three half-pound bean burritos. As I was standing at a cross-walk, guess who walks up on the other side, to walk in my direction. It was Alex and I stood there debating whether to make a scene in the middle of the road or not.

As we crossed each other, I just let him have it. I didn’t have much time as the cross-walk lights flickered. “You can call the cops anytime. You a***ole. Let’s have 4 rounds, you and I. You chicken**it.” I saw his mouth open but I couldn’t hear anything. He took what was on my mind and just kept on walking. I have since spent the next few hours waiting for a deputy to arrive at the atrium to write up his incident report. Nobody ever came. Cops have the sense not listen to him.

Later in the day, I went inside the Neighborhood Cup to ask for a cup of hot water for oatmeal packets I had. Jamie, one of the employees, gave me the cup of water and said that as of today, I am no longer allowed to enter the Neighborhood Cup. He said that, "I was scaring people." I was banned.

So, as of this writing, I am drafting a piece of correspondence invoking laws that require establishments to preserve and protect materials and evidence that are admissible in court and/or may lead to discovery of admissible evidence. There is a surveillance tape of the incident. They’ve recently installed a brand new system. I already told Jamie that I want it.

Who is this bald headed Iranian guy? Let’s find out, shall we?

New Website Launch Delay

Your AdSense account has been disabled for a Terms and Conditions violation. View the AdSence Terms of Service. (Google Inc.)

Before the end of 2011, we announced our plans to relaunch our new website. It was initially slated for the 1st of January and much of the preparations went as we had expected. In fact, the final design pallet was already decided upon and ready for launch. Then, something happened that required us to take a long pause. When we attempted to reconfigure the new web address, we were not able to do so. They say, intuition is sometimes the best guide. There was something that held us back that was difficult to understand and even harder to ignore. They say that people make decisions based on emotions and justify it with logic. The logic was definitely there. In the many years that we have been using this platform there were just as many, if not more, instances that made us believe that our blog was either being hacked or tampered with. In either case, we felt that the platform is not robust enough for our application.

In particular, there was the time when we participated in Blogger’s AdSense Program - a way in which account holders can earn money by hosting advertisements on their site. In a matter of weeks our AdSense account was suspended for supposed policy violations. We appealed the decision but was denied. During the entire process, no satisfactory explanation was provided to inform us of the reasons of the suspension. We had no clear understanding of what the violations were nor did we have a fair opportunity to take corrective measures. The only interaction we had with the staff of Google was through email, which in the end failed to satisfy our inquiries.

Given the issues that we write about, our site may have been the subject to either misconduct or tampering by readers or purported readers. Although, admittedly, we are not sure how that could have been achieved. We can say, however, that we are of the knowledge that very powerful establishments are keen on having us abandon our mission of “whistle-blowing.”

So, it was decided that we should search for another platform for our site to meet our future needs, including a way in which we could generate income. With that said, we will keep you informed on the developments as it occurs. Until such time, our ROBERTS|JUSTICE Blog will be found at the same address. In the meantime, here is a screen shot of that new version, which we hope to launch very soon.

VIEW THE ALTERNATIVE  R|J SITE VERSION
VIEW THE ADSENSE SUSPENSION NOTICE

What does $40 mean to an indigent-litigator?

If Congress fails to extend the payroll tax cut, the typical family making $50,000 a year will have about $40 less to spend or save with each paycheck. Over the year, that adds up to about $1,000. (The White House)

A bill temporarily extending a payroll tax-cut for two months was passed by Congress and immediately signed into law by President Obama just before the Christmas break. The extension was done to allow legislators the opportunity to properly deliberate the issue in January together with two other measures, (1) the emergency federal unemployment benefits and; (2) the payment reductions to doctors who treat Medicare patients, also called “Doc Fix.”

The White House mounted a campaign that included graphics on Twitter and other media outlets seeking public support. The ad asked the question, “What does $40 mean to you?” That is the amount wage earners will lose on their paychecks if the tax reduction law was not extended. Obviously, because I am not a regular wage earner, I wouldn’t benefit from that law whatsoever. For the exception of using the library and other public facilities, I do not receive any benefits from the government at this time. Nevertheless, I could not resist sharing my experiences and weigh-in on how $40 can help an indigent such as myself.

The items below represent my usual combination of food when low on finances.  Ideally, a balanced meal can be had for under $5.00. I am usually able to do that after I’ve concluded a writing project or delivered a blog/web site to a client. But on most days, I am usually looking for food and have had to develop particular skills to acquire resources . Admittedly, I could not have gone this far had I not taken donations or assistance from friends, acquaintances and strangers. I make for a terrible beggar and haven’t succeeded in the few attempts that I have begged - like that one time I ran low on gasoline when I still had a car. I asked a stranger for money and he said no. The humiliation has stuck with me since and have caused me to inhibit myself even during some very dire moments of hunger or need.

An interesting thing happened to me a few days ago, however. There were days this holiday season when the streets and parking lots were empty early in the morning. The closure for the holidays of my favorite hang-out spots meant I had to spend the day outdoors. I was walking by the row of closed shops nearby and out of nowhere, a car veered towards my side of the side-walk, on the wrong side of the road, with arms outstretched a man yelled out - ‘here you go, dude, Merry Christmas”. I was so surprised. All I could say was, “what’s this?”. “Buy a drink or something. Merry Christmas”, he replied. They were two folded singles - $2.00. It left me both perplexed and amused. They say the best salespeople in the world get the sale without even asking for the order. In this case, it wasn’t my impeccably delivered sales pitch or my flawless demo of the product’s features and benefits. Rather, it was most assuredly my attire. I had a bad hair day and I looked like a bum.

ONE DAY'S MEAL (average $1.85 /meal)

• Coffee $1.90 (free refills - The Cup)
• Grapefruit $0.49 (Produce Market)
• 1/2 lbs Burrito $0.99 (Del Taco)
• Chef Boyardee Spag $0.99 (Ralph's Grocery)
• Nissin Ramen $0.20 (Ralph's Grocery)
• Bread Rolls (12pcs) $0.99 (Ralphs - Manager's Special)
• TOTAL $5.56 +tax

At this point, coffee is an absolute must for me. It’s an addiction by now, quite necessary as I rarely get a full complement of sleep. As a practical matter, I can’t just camp out anywhere and take a nap. It’s either too noisy or not permitted at all. Also, I’ve added a grapefruit to my diet so I can get a good amount of Vitamin C. It may or may not counteract the vitamin depletion that occurs because of the massive amounts of coffee I consume.

There was a week in November when I was only able to raise $20 that whole week. That isn’t typical, but I have actually slept on a number evenings on an empty stomach. So, I’ve had to devise other ways to sustain myself. Fortunately, I have a network around the city whom I could call upon, if required, who could provide me with friendly deals, coupons and sometimes free food. For instance, this Christmas, one of the assistant managers at El Pollo Loco gave me a free three-piece chicken meal for dinner. Everyone knows me there, because whenever I have enough money, that is where I eat - it’s healthy food that literally makes me feel better. I also have acquaintances whom from time to time would share their sandwich with me at the Neighborhood Cup. But as a fallback, I purchased a tub of oatmeal from CVS on sale for $2.99, which I recently finished. It requires nothing more than a cup of hot water.

On the most desperate of days, I’ve gotten crackers from salad bars at the local grocery stores. I’ve also asked restaurants and stores that I have purchased from at the end of the evening if they had any bread or food that they might throw away. They’ve rarely turned me down. One of my proudest achievements while living in this way is knowing that I am welcome to just about any establishment in the city. I am very careful about the way I speak, about using foul language, or placing myself in a position where I could be accused of shoplifting or any other improprieties. I decided against donating my time to the “Friends of the Library” after I discovered they had a cash-box.

So, what does $40 mean? For a person such as myself, it means 7 days worth of food. 

VIEW WHITE HOUSE TWITTER POST
VIEW INFOGRAPHICS - WHAT $40 MEANS TO YOU

Have you lost your marbles, Sir Richard?

It appears Sir Richard Branson has lost his marbles. Or, should we say his jewels. Recently, he invited tweeter followers to post headlines appropriate for a picture that he tweeted. The invitation said:

Caption comp time! Here’s @usainbolt & I in Jamaica recently. Will retreet & follow best entry #usaincaptioncomp

The picture was taken while on a trip to Jamaica featuring himself and Olympic Gold Medal Winner Hussain Bolt sitting beside each other. They were close enough and were looking at each other as if they were two combatants getting ready to do battle. That was simple enough I thought, with the practice I’ve had the last year tweeting and such. I have this habit of taking worthwhile news and posting it on my profile with a self-coined headline. I’ve experimented with formats and have come close to developing a unique tweeting voice. Buoyed with confidence, I posted my entry and waited for the announcement of winners. This is what I wrote:

EYEBALL TO EYEBALL. Who do you think will Bolt?

The announcement of the winners came in the form of tweets:

WINNER "Richard, you're seriously telling me you beat my world record when you ran out of that burning house?"
RUNNER-UP 2"race you to the moon Richard" "you're on Usain"
RUNNER-UP 1No Richard, I am not a Virgin, & ladies AREN'T impressed that I finish in under 10 seconds!

It doesn’t take the advertising geniuses of Madison Avenue to figure out which of the entries emerged as the rightful winner. Without digging into this whole thing to scrutinize the credentials and backgrounds of the other winners - to ascertain whether they are employees of Virgin or not, I’ve taken the very British tact and stayed mum, until the realization came that injustice was so utterly complete.

Justice aside, here’s what worries me the more. Sir Richard is thinking of exploring the depths of the oceans and announced recently that he has plans to go deeper than 28000 feet under the sea, a depth no individual has managed to descend. Obviously, anything that would expand man’s understanding of the oceans we support wholeheartedly at ROBERTS|JUSTICE. The only problem is, the ocean depths are a very unforgiving environment where the luxury of calling 9/11 emergency by cell phone is not in the cards. You can’t exactly have someone come down with their ambulance, firetrucks and gurney and expect to be rushed to the hospital as if you had gotten into a fender-bender. We don’t even know what you’ll find down there, much less understand the kinds of problems that an errant decision can create. But we believe in redemption and offer a solution for such a case - the case of Sir Richard’s bad judgment.

There is only one thing to do in this situation. And that is to demonstrate the kind of executive decision making abilities that is equal to exploring the dangers of the deep - equal to the self-designated title of ambassador to the earth’s depths. Even you have said that sending people to space is much easier than exploring the oceans at that depth. I assure you Sir Richard, your partying staff will not be able to go down there to save you. They will be too busy chugging down their Budweisers and Guinness pints. You must rely on your own good judgment while traversing the oceans. So too must you exercise one today. You must announce the proper winner of this contest, which we believe is quite obvious for everyone to see.

Justice to the people, Sir Richard.

VIEW IMAGE OF THE INVITATION

VIEW ROBERT'S ENTRY

VIEW THE ANNOUNCEMENT OF WINNERS