THE ADDENDUM BLOG 2: May 2016

Thursday, May 19, 2016

FLORA VISTA AVENUE IN SANTA CLARA, CALIFORNIA

MALLARD DUCK ON FLORA VISTA AVENUE

19 MAY 2016 / The photo seen above is an example of what happens on a semi-regular basis on Flora Vista Avenue in Santa Clara, California. The female Mallard seen in this photo likely had a gaggle of baby ducks with her at the time of death; baby ducks who are probably lost now without their Mothers' help. Mallards ducks are a protected species that is apparently not getting any protection in the City of Santa Clara. Adding to this; Mallard ducks -- like all waterfowl -- are protected by the federal Migratory Bird Treaty Act.

NOTE: Since the Migratory Bird Treaty Act makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations -- then why is it considered "ok" to run over these same migratory birds? (note: official migrations can be anywhere from a thousand miles to a few miles or less).

Go To: MIGRATORY BIRD TREATY ACT @ http://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php + CALIFORNIA STATE CODE 3503 states it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto.

Adding to this; Flora Vista is right down the street from the local California DMV branch; therefore this street should be considered safer than most for humans and wildlife -- but it clearly is not -- as humans who live on this same street complain about excessive speeding and dangerous conditions. The bottom line? The futile and desperate efforts of Santa Clara Police Officers Gabrielle Seagrave and Pablo Lopez attempting stop John from feeding ducks only covered up this rampant/random animal abuse for a number of years -- until now that is.

THE GOOSE HARASSMENT LADY

ON 13 MAY 2016 THE PERSON SEEN IN THE PHOTO ABOVE EXITED THE PATRICK HENRY FIELD AFTER HARASSING MIGRATORY CANADIAN GEESE ON THE FIELD. > RELATED STORY: THE REVOLVING DOOR OF VIOLENT STALKING AND HARASSMENT @ https://www.youtube.com/watch?v=HRVG-rWpemk > NOTE: AFTER BEING RANDOMLY, VIOLENTLY ATTACKED AND STALKED FOR NEARLY A DECADE; JOHN HAS COME TO THE FIRM CONCLUSION THAT IS IT IS NOT OK TO HARASS AND/OR HARM HUMANS OR ANIMALS. PERIOD. > GO TO: NO BOUNDARIES FOR ABUSERS: THE LINK BETWEEN CRUELTY TO ANIMALS AND VIOLENCE TOWARDS HUMANS @ http://aldf.org/resources/when-your-companion-animal-has-been-harmed/no-boundaries-for-abusers-the-link-between-cruelty-to-animals-and-violence-toward-humans/ *TO REPORT BIRD HARASSMENT; KILLING AND/OR DESTRUCTION OF BIRD NESTS: CALL THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE @ (888) 334-2258 AND/OR THE U.S. FISH AND WILDLIFE SERVICE NORTHERN CALIFORNIA @ (916) 414-6464

"THE GREATNESS OF A NATION CAN BE JUDGED BY THE WAY ITS' ANIMALS ARE TREATED"
-- MAHATMA GANDHI

BIRDLAND NEIGHBORS

NOTE: HERE IN THE SANTA CLARA VALLEY THERE IS AN INHERENT CONNECTION BETWEEN HOW ANIMALS ARE TREATED AND/OR MISTREATED (MASS SLAUGHTERED; DRIVEN OUT OF THEIR TERRITORIES ETC > GO TO: APPLE IS PRETENDING TO BE GREEN? @ http://addendumblog1.blogspot.com/2014/05/apple-is-pretending-to-be-green.html) AND THE WAY HUMANS ARE TREATED (FOR INSTANCE; ASIDE FROM THE HARASSMENT JOHN EXPERIENCED...HOMELESS PEOPLE LAYING AROUND HALF DEAD LIVING IN BUSHES ALONG THE FREEWAYs ETC WHILE RICH OLIGARCHS WHIZ BY IN THEIR TESLA MODEL S VEHICLES ETC > QUESTION: WHAT'S THE DIFFERENCE BETWEEN NAZI DEATH CAMPS AND THE SANTA CLARA VALLEY AND ITS' HOMELESS POPULATION? ANSWER: HERE IN THE SANTA CLARA VALLEY WE ALLOW OUR HOMELESS "MONEY WAR PRISONERS" (IF YOU WILL); TO WITHER AND DIE ON THE STREETS AND/OR IN PRISON CELLS INSTEAD OF INSIDE DEATH CAMPS) > RELATED STORY: ILLEGAL USE OF THE UNITED STATES MILITARY AGAINST UNARMED UNITED STATES CITIZENS? @ http://addendumblog1.blogspot.com/2013/11/illegal-use-of-united-states-military.html

"THE FUTURE OF HUMAN RIGHTS LIES WITHIN THE ENFORCEMENT OF ANIMAL RIGHTS..."

BENTON @ FLORA VISTA

AN ANONYMOUS SOURCE ONCE TOLD JOHN THE INTERSECTION OF BENTON STREET @ FLORA VISTA AVENUE @ IS VERY DANGEROUS; WITH MANY ACCIDENTS HAPPENING AT THIS SAME SPOT -- BUT THE CITY OF SANTA CLARA HAS ALLEGEDLY COVERED THIS UP...

Tuesday, May 10, 2016

THE EQUAL PROTECTION CLAUSE AND/OR THE FEDERAL CIVIL RIGHTS ACT OF 1964 AND/OR THE FIFTEENTH AMENDMENT ETC

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws". > GO TO: EQUAL PROTECTION CLAUSE @ https://en.wikipedia.org/wiki/Equal_Protection_Clause + EQUAL PROTECTION: AN OVERVIEW @ https://www.law.cornell.edu/wex/equal_protection

Similarly; in United States federal anti-discrimination law, a protected class is a characteristic of a person which cannot be targeted for discrimination. The following characteristics are considered "Protected Classes" by Federal law: Race – Civil Rights Act of 1964. > Go To: PROTECTED CLASS @ https://en.wikipedia.org/wiki/Protected_class

The Civil Rights Act of 1964 (Pub.L. 88–352, 78 Stat. 241, enacted July 2, 1964) is a landmark piece of civil rights legislation in the United States[5] that outlawed discrimination based on race, color, religion, sex, or national origin.[6] It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public (known as "public accommodations").

Powers given to enforce the act were initially weak, but were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its power to regulate interstate commerce under Article One (section 8), its duty to guarantee all citizens equal protection of the laws under the Fourteenth Amendment and its duty to protect voting rights under the Fifteenth Amendment. The Act was signed into law by President Lyndon B. Johnson on July 2, 1964, at the White House.

"An act to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States of America to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes..." (Enacted by the 88th United States Congress). > Go To: https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964

QUESTIONS: ARE PUBLIC BATHROOMS ENTIRELY PUBLIC ACCOMMODATIONS; OR SEMI-PRIVATE PUBLIC ACCOMMODATIONS? AND WHY ARE WOMEN ALLOWED TO URINATE IN PRIVATE LOCKED BATHROOM STALLS; WHILE MEN ARE STILL OFTEN FORCED TO URINATE STANDING NEXT TO EACH OTHER IN WALL MOUNTED URINALS? HOW ABOUT ADDING MORE LOCKING STALLS TO ADD AN ELEMENT OF PRIVACY TO ALL PUBLIC/PRIVATE BATHROOM ACCOMMODATIONS? AND HOW DOES THE INEQUALITY BETWEEN MEN AND WOMENS' BATHROOMS AND/OR PRISONS ETC FIT INTO THE EQUAL PROTECTION CLAUSE; DESPITE BIOLOGICAL DIFFERENCES?

Furthermore; race, as a social construct, is a group of people who share similar and distinct physical characteristics. First used to refer to speakers of a common language and then to denote national affiliations, by the 17th century race began to refer to physical (i.e. phenotypical) traits. The term was often used in a general biological taxonomic sense, starting from the 19th century, to denote genetically differentiated human populations defined by phenotype.

Social conceptions and groupings of races vary over time, involving folk taxonomies that define essential types of individuals based on perceived traits. Scientists consider biological essentialism obsolete, and generally discourage racial explanations for collective differentiation in both physical and behavioral traits. Even though there is a broad scientific agreement that essentialist and typological conceptualizations of race are untenable, scientists around the world continue to conceptualize race in widely differing ways, some of which have essentialist implications.[17] While some researchers sometimes use the concept of race to make distinctions among fuzzy sets of traits, others in the scientific community suggest that the idea of race often is used in a naive[12] or simplistic way,[18] and argue that, among humans, race has no taxonomic significance by pointing out that all living humans belong to the same species, Homo sapiens, and subspecies, Homo sapiens sapiens.[19][20]

Go To: https://en.wikipedia.org/wiki/Race_%28human_categorization%29

NOTE: Caucasians are now officially a minority group in the State of California; therefore Caucasians should enjoy the same equal rights etc protections as all other minority groups in the State of California. That said; one particular racial groups' majority status should not amount to any loss of equal protection for that racial group and/or other racial group and/or individual.

SEE ALSO: THANKS FOR NOTHING / PART II -- MOTION FOR EXPUNGEMENT AND/OR FACTUAL INNOCENCE @ http://addendumblog1.blogspot.com/2015/06/thanks-for-nothing-part-ii-motion-for.html + VIOLATION OF THE VOTING RIGHTS ACT OF 1965 + RETALIATION AGAINST A WHISTLE BLOWER (CONTINUED) @ http://addendumblog1.blogspot.com/2015/09/violation-of-voting-rights-act-of-1965.html + HOUSTON, WE HAVE A PROBLEM @ http://addendumblog1.blogspot.com/2015/03/houston-we-have-problem.html

SEE ALSO: THE REVOLVING DOOR OF VIOLENT STALKING AND HARASSMENT @
http://likroper.com/TRDOVSAH3.wmv

Monday, May 9, 2016

AFTER RECEIVING A COMPLAINT; THE DEFENDANT MUST RESPOND WITH AN ANSWER?

COMPLAINT: DEFINITION -- The pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief. Overview: A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff wants.

After receiving the complaint, the defendant must respond with an answer. (Note: The Superior Court of California -- the Sunnyvale Courthouse and the Santa Clara Courthouse -- failed to respond to an Amended Complaint submitted by John in September 2015.

Complaints must be served on defendants. This lets defendants know that they are being sued and why. See: Federal Rules of Civil Procedure, particularly Rules 3, 7, 8, and 10. (See also the federal courts' website for sample complaints).

Although some state courts model their pleading rules on the Federal Rules of Civil Procedure, other states use very different rules. Thus, pleading standards for complaints may vary widely from state to state, or between state and federal courts located in the same state.

CA CODE OF CIVIL PROCEDURE
SECTION 170-170.9

170.1. (a) A judge shall be disqualified if any one or more of the following are true: (6) (A) For any reason: (ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial. (iii) A person aware of the facts (in other words; John) might reasonably entertain a doubt that the judge would be able to be impartial.

(B) Bias or prejudice toward a lawyer (and/or self-representative like John?) in the proceeding may be grounds for disqualification. (7) By reason of permanent or temporary physical impairment (and/or apparent mental impairment and/or severe cranial/posterior syndrome?), the judge is unable to properly perceive the evidence or is unable to properly conduct the proceeding.

170.3. (a) (1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall not further participate in the proceeding, except as provided in Section 170.4, unless his or her disqualification is waived by the parties as provided in subdivision (b).

(2) There shall be no waiver of disqualification if the basis therefore is either of the following: (A) The judge has a personal bias or prejudice concerning a party.

170.4. (a) A disqualified judge, notwithstanding his or her disqualification may do any of the following: (1) Take any action or issue any order necessary to maintain the jurisdiction of the court pending the assignment of a judge not disqualified. (2) Request any other judge agreed upon by the parties to sit and act in his or her place. (5) Set proceedings for trial or hearing. (6) Conduct settlement conferences.

GO TO: CODE OF CIVIL PROCEDURE / SECTION 170-170.9 @ http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=170-170.9 + SEE ALSO: STATE CIVIL PROCEDURE RULES @ https://www.law.cornell.edu/wex/civil_procedure + https://www.law.cornell.edu/wex/complaint

NOTE: Procedural errors and/or wrong advice from the City of Santa Clara City Clerk's Office caused John to submit an Amended Complaint to the Superior Court of California, County of Santa Clara (Traffic Court) but while the court may not be legally required to respond to this mistakenly submitted complaint; "the right thing to do" would be to respond in kind and help out another fellow human being in need. Adding to this; John has repeatedly attempted to communicate with the United States Department of Justice (D.O.J.) using the <askdoj@usdoj.gov> email address for about ten years now with no response. Why did the D.O.J. create this email address if they had and/or have no intention of responding?

"PAY NO ATTENTION TO THE MAN BEHIND THE CURTAIN!
THE GREAT AND POWERFUL OZ HAS SPOKEN!"
- The Man Behind the Curtain, "Wizard of Oz"