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Sunday, July 27, 2008

Yes, It’s Still The Mad Hatter’s Tea Party

Aw, and you you’d probably forgotten all about it, haven’t you Los Osos? Well, the latest update on the PZLDF case filed on behalf of the Los Osos 45,( you remember, those folks being hammered pointlessly by the RWQCB) plods ahead.

The Writ Petition was back before the Judge (Barbera) to respond to the AG’s Demurrer and Motion to Strike. Yes, the Attorney General of the State of California sends his two suit boys down to SLO (by plane, very expensive what with gas prices being what they are) every time anyone turns around, all on YOUR tax nickel. Anyway, the first cause of action challenging the issuance of the CDOs and the whole insane enforcement process is open to challenge so the writ of mandamus plods on.

Apparently the judge is still considering whether the second cause of action will be specific enough to take on the larger challenge of whether the process itself was fatally flawed (remember those official, time sensitive documents that went to people outside the PZ or ones time and date stamped a year off, or that arrived after due dates thereby putting the residents in legal jeopardy and/or limbo and other nutty procedural messes? ) so the RWQCB can’t screw up the community (or any other community) again with their present Mad Hatter procedures. So that will still be fuddled with.

What was most interesting to me is the court had to be told that the Official Administrative Record is missing hundreds of pages of documents, including a lot of the prosecution team’s own documents. Why is that so interesting? Well, all you folks who have been following the Mad Hatter Tea Party From Day One will remember the Sacramento Suit Boys standing in court and saying to the PZLDF folks, “Your Honor, these folks don’t need an administrative record, THE RECORD IS ALL ON THE RWQCB’s WEBSITE. All they need do is refer to that!”

When it was pointed out that, no, a lot of documents are NOT on the Website, they whined and swished around and cried, “Waaaalll, Geeeeezeee, it’ll take forEVER to put together the record (you know, the one you need in court because if it isn’t in the record it doesn’t exist in court?),Geeezeeee, whine,whine.” And when the judge said, uh, you’d better prepare the record, the Sac Suit Boys said, “Well, it’ll cost lots and lots of money because it’ll take forEVER, and we’ll have to get paid up front,” so PZLDF coughed up about six grand and pretty soon here came a CD – TA-DA! -- the OFFICIAL RECORD.

Only one problem; There were hundreds of documents missing and no index to sort the mess out. It was like they’d simply done a document dump, willy nilly and passed it off as the Official Administrative Record.

Yep, the RWQCB and the SAC SUIT BOYS were selling a fraudulent product! Like selling someone a car . . . with the wheels missing. So now will PZLDF have to file another motion to make the judge force RWQCB to put the wheels back on the fraudulent car they sold the good PZLDF folks?

This, dear and gentle reader, is Your Govvernment At Work. Jerry Brown
needs to be taken to the woodshed. And some wet noodles need to be distributed to our own Mad Hatters of Aerovista Place.

2 comments:

Unknown said...

Is it possible that some of the responsibility lays with the party doing the sueing...???

If PZLDF, wants to include every word uttered, written, fax'd and e-mailed, then just maybe the PZLDF should have made their own copies and maybe organized all the material with some index...

It would seem we as taxpayers have been forced to pay through CSD funds, for an attorney who we should had the higher expectations of some prepared form of a focused argument.

However, all that has been presented so far has been a waste of time in the usual disjointed, emotional, anti-any-government, wailing by a few folks who don't want any sewer, anywhere...

You may wish to see Jerry Brown, but so far this laughable lawsuit is not the way to bring him to town... I suspect there are going to be some folks taken to a woodshed, but so far it doesn't appear to be the State or County...

Churadogs said...

Mike sez:"If PZLDF, wants to include every word uttered, written, fax'd and e-mailed, then just maybe the PZLDF should have made their own copies and maybe organized all the material with some index..."

Near as I can tell, PZLDF's documents (ducks) are all in a row. That's not the problem. The "prosecution"s ducks are missing (certain ones) at the same time they're claiming that the record they "sold" PZLDF's is "complete." (it isn't) This is the result of incompetence and/or deliberate deception in an attempt to delay or pervert "justice" and mislead the judge and everyone else. The question is: Has Judge LaBarbera caught on to the game? Let's hope so.