Cheeky Quotes

Thursday, July 10, 2014

Show me the money

Stop with the stupid litigation, already

In other news is a story about a woman who was hired as a live-in nanny who stopped working as a live-in nanny, claimed some cockamamie story about being disabled, got fired as a live-in nanny, won't leave the houseonly comes out of her room to eat and poop, filed a lawsuit against the family to oust them from their home, is filing another series of lawsuits based on elder abuse and wrongful termination.  Bottom line, didn't anyone do a background check on this crazy lady?!

Funny thing but this post isn't about the live-in nannys.  Nope, this diatribe is about a little known legal device called the fee waiver.  Did you know that if you can show that you don't make a lot of money that you can file law suit after stupid/baseless lawsuit for free simply by filing a fee waiver?  I suspect initially the concept of a fee waiver was a good thing - to help out poor people - but like all things born out of government largess, it has become a MAJOR headache for anyone facing a pro per litigant.  I mean, look at it - people file the fee waiver and then start to file an avalanche of litigation for free.  FOR FREE!  

You think this is funny?!  Imagine if you're on the receiving end of a lawsuit against someone who can file legal paper after legal paper for free and you are having to pay for litigation out of your pocket.  It's impossible to keep up.  You'd be bankrupt inside of a week and the other side can keep filing legal documents because they have a fee waiver.  It's freaking insane!

A while back, I was at a conference where a judge was speaking about the lack of funding of California courts.  I stood up and asked why, instead of having a 100% fee waiver, that people aren't required to at least pay something.  So, instead of a $450 filing fee, they pay $5 each time they want to file something.  Some money comes into the court coffers and people feel like they have some responsibility about not filing frivilous legal actions.  The judge shot me down without hesitation because, I suspect, the issue (in her mind) isn't about money - because the courts are flush with it - as it is about the redistribution of resources.

Sad, that people are allowed to get fee waivers at the drop of a hat and screw hard-working people out of their hard-fought monies.  Sadder is that the court system which was initially set up to help people is orchestrating the biggest screw over history has ever seen with the use of baseless litigation.

Saturday, July 5, 2014

Come again?

Don't waste the brain cells reasoning this outIt is becoming increasing regular that I read appellate decisions from the 9th Circuit Court of Appeals that make no sense.  In fact, it is becoming so regular that few things surprise me.  Take, for instance, the case that just came down regarding a "permanent" visitor from south of the border.  In U.S. v. Aguilera-Rios, the court overturned an illegal reentry conviction because his prior conviction for possession of a firearm was not a deportable offense.

What bothers me is that this revered court chose to ignore the elephant in the room when it came to this decision.  Let me break it down for you.  So, this Rios guy illegally enters the United States, gets a gun, is prosecuted for having a gun and is deported.  Why was he deported?  Because he entered the United States illegally?  No - because he had a gun.  Then, he re-entered the United States (after being deported for having a gun - but not for entering illegally) and he is charged for re-entering the United States, illegally (for which he is officially charged with entering the country illegally which is how he came to be in possession of a gun in the United States in the first place but no one bothered to notice that he was not an American citizen with a gun in the United States and so was not deported for that fact, alone).

I guess what this all boils down to is that American domestic or foreign policy is worthless unless someone (i.e. the federal administration) is willing to allow local law enforcement to enforce the laws that are on the books and not wait until someone screws up on something unrelated to the offense they're being prosecuted for so they can cook up some cockamamie reason to arrest someone - even though the best reason for deporting a person is staring them right in the face (i.e. they're here illegally).

Oh well - I guess that's why I'm not a politician - I get the obvious.

Tuesday, July 1, 2014

Word of the Month for July 2014

The end of somethings is the beginning to others
There are a whole lot of desperate people in the world today.  I mean, on any given day, you can read in the newspapers about people losing their houses, people losing their jobs, people losing their life savings, people losing their minds - all for the sake of the almighty dollar.  

Then you have people like the lady who came up to the the other day.  Seems lady had the income of Mahatma Gandi but had the tastes of a rock star.  Seems she had run up thousands of dollars in credit card debt and creditors were screaming to be paid and some had even threatened to mess with her credit reports.  The nerve of some people!

Of course, all this relates to the word of this month:   DYVOUR.  According to Black's Law Dictionary, a DYVOUR is a person who is heavily in debt or bankrupt.  As a side note, I often think it odd that people tell me, a local county law librarian, things they wouldn't tell their hairdresser.  Lady shows me her latest series of credit card debt and it took my breath away.  She had literally charged tens of THOUSANDS of dollars on everything from little trinkets you can get at a 99 cent store to a his and her sarcophagus.  Forget about where you store it; what I want to know is where to do you buy something like that?!

Anyway,  lady tells me she is at the end of her rope and doesn't know what else to do with the constant threats to her credit and how she can't find anyone else to front her another credit card.  The word "shop-a-holic" comes to mind but I tell her that while we don't give legal (or credit) advice, she might be well served to take a look at
Sad how some people wait until the 11th hour to seek help for their problems (self-inflicted, or not).  Good thing, then, that your local county law library will always be there to help you when you're in a bind.  Just don't wait so long that the tax man starts banging on your door.

Saturday, June 28, 2014

That's just the way it is

It is because it is
Two guys are watching a horse race on the television.  Guy 1 says to his buddy, "I bet you $10 that horse #2 wins."  Guy 2 replies, "You're on" and off the horses fly...around the turn...down the backstretch...and horse #2 comes in dead last.  Guy 2 says, "Hey, you don't have to pay me - this is a re-broadcast and I already knew the horse #2 would lose."  Guy 1 says, "Yeah, I know it's a re-broadcast, but I thought he might still pull out a win this time."

Such is the case with some people and law - they think they have a case and put their heart and soul into it but they just can't seem to get past the pleading stage.  They go (or should go) to their local county law library and prepare the papers to file a complaint and it gets demurred.  They file a 2nd, 3rd, and 4th amended complaint, it/they gets demurred.  They file an appeal to the Court of Appeal, they lose.  They appeal to the state supreme court, they lose.  They appeal to the United States Supreme Court, they don't even get a chance to have a hearing and they come back to their local county law library and file more complaints thinking that this time they might still pull out a win - and they get labeled a vexatious litigant, instead.

Yep, there are lots of reasons people get in on the litigation game - anger, money, revenge.  Keep in mind, though, that if you seem to keep losing it's probably not so much that the world is against you as it is you just didn't have a case to begin with.  Call it tough love but sometimes that's just the way it is.

Friday, June 20, 2014

Virtues are supposed to help you

wait until you can'tA bedtime story.  Once upon a time there was an impatient police officer (we'll call him Officer B).  As Officer B was out and about, he saw a guy he perceived to be in the act of not doing something lawful (i.e. up to no good).  Guy was eventually arrested for a parole violation and was taken to the police station where he was strip searched.  In the course of the strip search, Guy falls on the ground and starts flopping around like he's having a seizure (that's "like" as in he was faking it).  While in this flopping state, Officer B notices that guy reaches around and pokes something back up inside his backside (i.e. rectum).

Here's where things get...uh...funky.  See, Officer B surmises that guy is hiding something up in his backside and he takes guy to the hospital and has a doctor remove a baggie from said backside using a pair of forceps which, as it turns out, contained an amount of cocaine.  Seems Guy doesn't like having to submit to the doctor and files a number of actions against the police, the doctor, and a couple of nurses under 42 USC section 1983.

The thing that gets me is not that he filed an action against the police - but that the police couldn't wait a bit for nature to take it's course.  I mean look at what is going on here
  • Guy is naked
  • in a stip search
  • is trying to keep something from coming out his backside
All the police have to do is wait until his bowels empty and keep and eye on things.  Unless he's constipated, Guy is bound to empty his bowels soon enough and the police would have even more evidence to nail the guy.  The question, then, is why couldn't the police couldn't wait?!  Where was Guy going that Officer B needed (that's "needed" as in NEEDED) to get that baggie full of cocaine right now!!!  Of course, the result was that Guy is now suing Officer B for violating his civil rights by forcibly removing the baggie from his backside.

Moral of the story, just because you have the power of the government at your back, don't jack with the case.  Learn to wait a bit and things will come in their own due course.   Sad that another criminal is allowed to have his 15 minutes of fame.  Worse still is that we have police who can't wait a bit and have to have their way at the expense of we the people.