Monday, February 6, 2017

DEMAND FOR CASE REMAND #2


Because Plaintiff concludes The Superior Court of California did not accord appropriate deference to the relevant Federal and/or State etc regulations; Plaintiff therefore asks for the reversal of this case's dismissal of  Plaintiff's Amended Complaint claim. We have concluded The Superior Court of California used the wrong evidentiary standard in assessing Plaintiff's case; therefore we vacate its denial and remand for consideration under the correct standard. We therefore demand The Superior Court of California remand this case for further proceedings consistent with this opinion. 

GO TO: DEMAND FOR CASE REMAND @  

"The courts have found a "pattern or practice" when the evidence establishes that the discriminatory actions were the defendant's regular practice, rather than an isolated instance. This does not mean that the Department has to prove that a defendant always discriminates or that a large number of people have been affected. A "pattern or practice" means that the defendant has a policy of discriminating, even if the policy is not always followed. The courts have held that the Attorney General has discretion to decide what constitutes an issue of "general public importance," and the courts will not second-guess that decision. Thus, the Department can bring suit even when a discriminatory act has occurred only once, if it affects a group of persons and the Department believes that the discrimination raises an issue of general public importance..."

SEE ALSO: A PATTERN OR PRACTICE OF DISCRIMINATION: http://addendumblog2.blogspot.com/2016/10/a-pattern-or-practice-of-discrimination.html

WITH LIBERTY INJUSTICE FOR ALL? "Today the skill and gamesmanship of lawyers, not the truth, often determine the outcome of a case. And we lawyers love it. All the tools are there to obscure and confound. The system’s process of discovery and the exclusionary rule often work to keep vital information off-limits to jurors and make cases so convoluted and complex that only lawyers and judges understand them. The net effect has been to increase our need for lawyers, create more work for them, clog the courts and ensure that most cases never go to trial and are, instead, plea-bargained and compromised. All the while the clock is ticking, and the monster is being fed..."

"The sullying of American law has resulted in a fountain of money for law professionals while the common people, who are increasingly affected by lawyer-driven changes and an expensive, self-serving bureaucracy, are left confused and ill-served. Today, it is estimated that 70 percent of low-to-middle-income citizens can no longer afford the cost of justice in America. 

What would our Founding Fathers think? 

This devolution of lawmaking by the judiciary has been subtle, taking place incrementally over decades. But today, it’s engrained in our legal system, and few even question it. But the result is clear. Individuals can no longer participate in the legal system..."

“The once honorable profession of law now fully functions as a bottom-line business, driven by greed and the pursuit of power and wealth, even shaping the laws of the United States outside the elected Congress and state legislatures.” > go to: http://medicalkidnap.com/2015/03/13/retired-arizona-judge-reveals-corruption-in-legal-system/ 

(A lawyer from Tuscon, Arizona, John Fitzgerald Molloy (b. 1917) was elected to the Superior Court bench where he served for seven years as both a juvenile court and trial bench judge. He subsequently was elected to the Court of Appeals where he authored over 300 appellate opinions, including the final Miranda decision for the Arizona Supreme Court. During that period, he also served as president of the Arizona Judge’s Association. After 12 years, Molloy returned to private practice to become president of the largest law firm in southern Arizona. His book has received widespread praise for its candor and disquieting truths... > READ MORE @ GO TO: SECRET FBI RECORDINGS @ http://addendumblog2.blogspot.com/2016/08/secret-fbi-recordings-etc.html) NOTE: If government wants John to follow the law of the land; then government needs to follow the law of the land as well.

1 comment:

  1. cops in this area generally don't do anything about misdemeanor assaults (of men); but then on the other hand (depending upon the region they are based) cops often act like free speech causes harm worthy of arrest...but then again; if you assault a cop -- it's an automatic felony (see: government-sanctioned discrimination) it's called "putting the cart before the horse"...

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