Diogenes

Confidential emails ought to jog the memory

What a gravy train! What "contribution" did TURN make? What did TURN receive? Maybe people will appreciate the jury system more where witnesses can be cross-examined and documents can be subpoenaed. These "show-and-tell" commissions are a total joke. The CPUC rewards those intervenors who go along by awarding huge fee awards, and those who do not go along are deemed not to have made a "contribution, " and they are awarded nothing. Some intervenors actually stated in their briefs that they were supporting the settlement because it would be hopeless to oppose the "deal." This was after writing 20 pages of facts that questioned the settlement. Those fake non-profit organizations that received donations and, who, in turn, appeared and supported the settlement, should be publicly shamed. SCE paraded these organizations in front of the audience and reporters to astroturf the settlement. Nobody can ask, "How much did your little organization receive?" What a total fraud, charade, and kangeroo court! It never passed the smell test. You could see that the fix was in. Enron-at-San Onfre! Neither political party cares because of the contributions to their candidates' campaigns. I hope the 9th Circuit Court of Appeals upholds the theory of taking without due process in violation of the 5th Amendment. There always has to be judicial review of any commission. If not, arbitrary decisions are encouraged, and paticipants rewarded for bad conduct. What outrageous conduct! This was a swindle and a cover-up using extreme misconduct. It involved billions of dollars and was designed to conceal public endangerment by the operator.
— June 27, 2015 7:35 p.m.

Don’t take this personal, Joe

Ex parte notice is required unless there are extraordinary cicumstances........ Reserving a hearing date never requires notice. Which was it? The fact that lawyers have heated words means little unless the exact context is provided. If a hearing date for an ex parte hearing was reserved, then there is no story here at all. The court requires notice to the other parte unless notice should be waived due to extraordinary circumstances. That the other party might flee the country, abscond with funds or destroy evidence would be examples when the hearing could go forward without notice to the other party. The clerk would not allow the ex parte motion to go forward without a declaration of exceptional circumstances. Just reading documents does not always provide the necessary context. I read what Mr. Cordileone said. If I understand it, he says that he reserved an ex parte date. Is that what actually happened? Then Marco Gonzalez was blowing smoke. The court decides whether notice is required or waived. The clerk checks this notice issue out before the motion gets in front of the judge. The moving papers are deposited in the department's box. There is a time stamp, but the papers are not "filed" until the notice issue is resolved. Sometimes, the moving papers are carried into the courtroom where ex parte matters are being heard. The baliff is checking.for declarations of notice. This is an example of reading emails without the full contect.
— June 16, 2015 7:14 a.m.

Plead guilty or else we drop all charges

Prosecutors often file charges to discourage civil suits for battery, deprivation of civil rights under color of law 42 USC sec. 1983, or wrongful death (they allege a reason for the shooting or claim suicide in in-custody hangings). It is incredible that prosectors would engage in blatant attempts to use the full weight of the criminal justice system to protect wrongdoing by officers. This practice compounds the injustice. District Attorneys oftentimes roll on the scene with police officers and sequester witnesses and seize videos. Witnesses on probation or parole are sometimes threatened with violations to recant testimony favorable to the victim of police misconduct. Any plea makes prosecution of a civil suit more difficult, if not impossible, because the victim must stipulate to a factual basis for the plea to the charge. Officer-involved shootings (OIS) reports are privileged to a large extent. It is necessary to subpoena officers in the preliminary hearing and to put on an affirmative defense. This requires an experienced criminal defense lawyer. Most lawyers and victims plead out the case. This practice is used to defend the most egregious police misconduct cases. Not all DAs roll on the case. But they usually understand that some arrests are unjustified, even as they file charges to prevent civil suits. In such cases, a more serious crime is being committed by law enforcement. These crimes are rarely, if ever, prosecuted. This is a huge flaw in our system.
— June 15, 2015 10:19 a.m.

No water problem — it's a no-water problem

San Diego gets 90% of its water from out of the county. Increasing its population by two million will severely exacerbate the situation. Those on the East Coast want to move here even more to avoid ever more harsh winters as disrupted jet streams dip further south bring frigid temperatures, even as Arctic ice melts. California's climate is disrupted by a high pressure zone that prevents deep deposits of snow on the mountains. It is that snow pack that slowly melts throughout the Spring and Summer that supplies the reservoirs. This system is broken. Climate change makes droughts in California more frequent, deeper, and longer. Our legal system does a poor job of water allocation. This problem is beyond this blog. Tighter water supplies will drive reform. Our politicians are bozos run primarily by campaign contributions and to a lesser degree, affiliation with one of two political parties. Central and Southern California have shortages; Northern California, not so much. The hope that snow-packed mountains will suddenly reappear, and that ancient wells will have bountiful replenishment as water tables suddenly rise to support unlimited population growth, is probably nothing more than a pipe dream. It is much more likely that our climate will revert to a historic norm of semi-arid desert - but one without snow-packed mountains, as Spring will arrive too early each year. The mountain water will run off prematurely as snow packs will melt in early Spring. The age of drilling deeper each year to satisfy the needs of agriculture is quickly vanishing. The science predicts disaster for increasing population unless agriculture is diminished. Canada can grow the food. San Diego can house an aging population of people with a lot of money. No lawns, no golf courses, no swimming pools, expensive water, more reclaimed water in urban areas, native drought-tolerant plants.... Livestock and dairy consume huge amounts of water. Becoming a vegan reduces climate change and conserves water both. We must change our lifestyles drastically.
— June 6, 2015 10 a.m.

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